Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 160

                                                -236-                                                   
            Ballard, or anyone else at Prudential.  Ballard did not offer any                           
            explanation why A.N. Pritzker revealed the information to him.                              
            Finally, even assuming Ballard had such a conversation with A.N.                            
            Pritzker, indignation was the natural reaction any forthright                               
            Prudential executive would have had to the disclosure.  Ballard’s                           
            indignation, however, was feigned.  A critical examination of the                           
            flow of funds clearly and convincingly shows that Ballard earned                            
            and received a share of the Hyatt Corp. payments under the                                  
            Hyatt/KWJ agreement after the payments passed through IRA, KWJ                              
            Partnership, and TMT.  Ballard had unfettered use, enjoyment, and                           
            control over TMT’s funds, and he surely did not want to disclose                            
            his role in the Hyatt transaction to A.N. Pritzker.  Thus, the                              
            recommended conclusion in the STJ report that Ballard’s testimony                           
            was sufficient to dispel the notion there was “collusion” among                             
            Ballard, Lisle, Kanter, and Weaver with regard to the payments                              
            that Hyatt Corp. remitted to KWJ Corp. was manifestly                                       
            unreasonable.                                                                               
            c.  Kanter’s Testimony Regarding Deconsolidation                                            
                  The STJ report, at 81 note 35, treats as credible Kanter’s                            
            testimony that Carlco, TMT, and BWK were removed from IRA’s                                 
            consolidated group for tax-reporting purposes because Kanter was                            
            concerned about the impact of Carlco’s investments in tax-exempt                            
            bonds on IRA’s interest deductions.  While Kanter’s explanation                             
            may have seemed plausible with regard to Carlco, it did                                     






Page:  Previous  226  227  228  229  230  231  232  233  234  235  236  237  238  239  240  241  242  243  244  245  Next

Last modified: May 25, 2011