-234- friendship conferred” upon Kanter.111 Id. at 80. A detailed analysis of the magnitude, validity, and treatment of all loans that Ballard, Lisle, and their grantor trusts received from IRA, IFI, BWK, and other Kanter-related entities is lacking in the STJ report. 5. Discussion Regarding Consulting Payments to Ballard’s and Lisle’s Adult Children Much like the loan discussion outlined above, the STJ report, at 80-81, acknowledges Kanter may have considered the consulting arrangements with Ballard’s and Lisle’s adult children to be “favors” to Ballard and Lisle. The STJ report then rationalizes the consulting payments by pointing out that Ballard and Lisle managed TMT’s and Carlco’s assets at no charge to IRA until 1990. Significantly, although recognizing the possible relationship between the consulting payments to the Ballard and Lisle children and Ballard’s and Lisle’s management of TMT and Carlco, the STJ report fails to explore the circumstances surrounding Kanter’s termination of the consulting payments in 1990 and Kanter’s nearly simultaneous decision to begin compensating Ballard and Lisle for managing TMT and Carlco. At the very least, these circumstances raised the question whether 111 The STJ report, at 80 note 34, also refers to FPC Subventure Partnership as another example of a favorable transaction between Kanter and Lisle, and it acknowledges that the record fails to disclose whether Lisle repaid Kanter for his 90-percent interest in that partnership. However, the STJ report does not contain any further recommended findings of fact with respect to this transaction.Page: Previous 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 Next
Last modified: May 25, 2011