-93- Frey and Kanter discussed Frey’s pressing need to raise capital for future condominium conversion projects. At that time, a condominium conversion craze was occurring in a number of major metropolitan areas throughout the country, and Frey was faced with having to raise large amounts of capital to acquire and convert apartment building properties in which he and other competing condominium converters were interested. Although Frey generally could obtain financing from a bank for most of a condominium conversion project’s cost, the bank typically would require Frey and other investors to have a substantial investment in the project. Kanter indicated that he could help raise large portions of the capital that Frey needed for such condominium conversion projects.50 However, Kanter stated, in return for such assistance, he would have to receive a share of any development and management fees that Frey earned from such projects. Kanter made it clear to Frey that he would bring additional investors and capital to Frey’s projects only if Frey agreed to 50 The STJ report included statements in this sentence and the next that “Kanter and/or entities associated with him” could provide assistance to Frey in raising capital. As discussed in the text that follows, Frey was relying solely on Kanter to raise capital for his condominium conversion projects. Frey, Transcr. at 666-674. Aside from limited partner investments discussed below, there is no evidence that anyone acting on behalf of a Kanter-related entity, such as IRA or THC, provided any assistance or services to Frey.Page: Previous 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 Next
Last modified: May 25, 2011