- 103 - for fees to enlarge and maintain EPIC's real estate empire." As an essential element of the "scheme", respondent alleges that "EPIC secured inflated, faulty appraisals to support the nonrecourse debt originated by EMI to acquire the 106 properties." In this connection, respondent asserts that EPIC, through CAG "encouraged outside appraisers to inflate values on properties acquired by the partnerships", such as "by requesting appraisers to value multiple properties purchased in bulk sales as if purchased separately by different individuals." As a result, respondent argues, the nonrecourse debt issued by EA 83-XII and EA 84-III to acquire the properties exceeded the value of the properties. Thus, respondent asserts: "there was no incentive to repay the debt and the debt lacked economic substance." Respondent also argues that the instant transactions did not "involve unrelated parties and independent appraisers establishing purchase prices." Respondent argues that the transactions "involved related parties" and notes that EPIC, acting through its subsidiary, EMI, "originated, serviced each nonrecourse loan, and was primarily responsible for any due diligence related to the loans." Respondent claims that for at least six properties acquired by EA 84-XII, EPIC, through twoPage: Previous 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Next
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