- 9 - identify expenditures made on behalf of one or another of the entities that supported some aspect of Ben's boat racing. The most important of these entities was Fort Apache, Inc. (Fort Apache), through which Ben and petitioner developed a marina. They used Fort Apache to lease back the marina from another entity known as Marina Bay Associates, ostensibly owned by Lyon and Michael Gilbert. This partnership held legal title to the marina in order to dissociate its assets from Ben's name. In order to allow Ben to fund marina development while still concealing his ownership role, Lyon used a funding scheme similar to that used for the card club.10 Petitioner, acting as Ben's agent, became the president and sole board member of Fort Apache, although without an independent ownership interest of his own. Ben and petitioner wanted to use the marina to help them persuade Lamborghini Motor Co. to custom-build high-performance engines for the boats that Apache Boats, Inc., built for Ben to race. Funds to purchase land for the marina came through Allsworth's trust account. Len-Ed Construction, Inc. (Len-Ed), a 10Ben's attempts to conceal his ownership of the marina and the card club destroyed his ability to later liquidate and recover his interests. None of the entities that legally owned the marina or the card club reflected Ben's ownership interest as initially arranged with Sam Gilbert. The "safeguards" for Ben's interests that Sam Gilbert put into place included holding the resignation letters of the principals of Marina Bay Associates and LCP Associates. But, as petitioner testified, the only real safeguard was Ben's trust in Sam Gilbert. This meant that Ben had no recourse but to accept the consequences when the Gilberts reneged on their various arrangements with him. The Gilberts had the upper hand until Federal agents seized the various assets, beginning with the marina in Aug. 1987. See infra pp. 11-12.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011