; and (bb) retain the immigrant visa priority date related to the original petition; and (III) any funds obtained or recovered by an alien investor, directly or indirectly, from claims against third parties, including insurance proceeds, or any additional investment capital provided by the alien after the enforcement action described in this clause is filed, may be deemed to be such alien’s investment capital for the purposes of subparagraph (A) if such investment otherwise complies with the requirements of this paragraph and section 216A. (v) Exception If the Secretary has reason to believe an alien was a knowing participant in the conduct that led to the termination of a regional center, new commercial enterprise, or job-creating entity, as described in clause (i), or was a knowing participant in the alleged wrongdoing that led to an enforcement action described in clause (iv)— (I) the alien shall not be accorded any benefit under this subparagraph