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Gilbert, reneged on the terms of the note that Troon Mortgage
held on the card club by eliminating the 15-percent "kicker" on
the loan payments. Following Murphy's arrest, petitioner met
Lyon and Fainsbert at the Miami Marriott Hotel, ostensibly to
develop a plan for Ben to liquidate his interest in the marina.
Lyon and Fainsbert, in Allsworth's presence, began dictating to
petitioner what would be done with the marina. Fainsbert also
informed petitioner at the same meeting that the "kicker" from
the card club had been eliminated. Petitioner protested
vociferously. But Fainsbert told him in no uncertain terms that
Sam Gilbert and Ben had already discussed and arranged this
change.
Ben and petitioner then decided to liquidate Ben's interest
in the card club and recover the $12 million investment by paying
off the note held by Troon Mortgage. Murphy's arrest prompted
petitioner to travel to Hong Kong in May or June 1986 to create
another entity to replace Troon Mortgage. Ben and petitioner
also attempted, albeit unsuccessfully, to liquidate Ben's
interest in the marina by selling it. As late as September or
October 1986, they had been unsuccessful at these efforts.
Throughout most of 1987, petitioner participated in a convoluted
effort to recover $9.5 million of the original $12 million
investment in the card club. This effort ended in failure at a
meeting petitioner had in Zurich, Switzerland, in late October or
early November, with not clearly identified underworld figures.
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