-247- “substantial influence” in “arranging the management agreement” on the Embarcadero Hotel between Hyatt Corp. and Prudential. We infer from all the facts and circumstances that Weaver recognized he would gain nothing by simply persuading Lisle to permit Hyatt Corp. to bid on the Embarcadero Hotel management contract. Weaver would be compensated only if Hyatt Corp. were to win the bidding on the contract. Consequently, Weaver informed Lisle and Ballard of A.N. Pritzker’s promise to pay 10 percent of the Embarcadero Hotel management contract to Weaver, and Weaver agreed to share any payments he might receive from Hyatt Corp. with Ballard and Lisle if they used their influence to arrange for Hyatt Corp. to win the contract. Lisle and Ballard agreed to Weaver’s proposal, and they arranged for Hyatt Corp. to win the contract. That Weaver did more than simply persuade Lisle to permit Hyatt Corp. to bid on the Embarcadero Hotel contract is evidenced by the Hyatt Corp. internal documents which stated that Weaver “arranged” the contract for Hyatt Corp. The record indicates Kanter became aware of the Hyatt/KWJ agreement in the early 1970s when A.N. Pritzker presented the matter to him seeking advice. During this same period, Kanter was assisting Ballard and Lisle in establishing the grantor trusts they would use to invest in his movie shelters, and Kanter initiated discussions with Weaver regarding the sale of KWJ Corp. to IRA. We infer from the timing of these events that KanterPage: Previous 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 Next
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