It was once the pommecythere in the eyes of former CL Financial and Clico chairman Lawrence Duprey: a huge, glittering and prestigious development in his adopted hometown of Fort Lauderdale comprising two 23-story towers with 346 hotel rooms and 171 condo-hotel units.
The hotel–which carried the W brand, known for its luxury and young hipster appeal–was opened in April 2009, just three months after the empire that Duprey built came tumbling down as a result of the global financial crisis, its mountain of debt and its tangled related-party lending arrangements.
South Florida newspaper, the Sun Sentinel, reported at the time of its opening that the hotel complex was developed at a cost of US$430 million, some $2.7 billion.
Some of the cost of development came from debt, but a significant percentage of the money to build the hotel and condo complex came from investors in Clico's US-dollar Core Series Investment Mutual Fund.
Although built with Clico funds, the property was developed by the Y group, led by John Yanopoulos, according to a South Florida Business Journal article published on July 18, 2014.
That article states that the property was purchased in July 2014 by US property developer, billionaire Stephen Ross, through a company called RRERF DL Condo Owner, an affiliate of Ross' Related Real Estate Recovery Fund.
According to the South Florida Business Journal: "RRERF DL Condo Owner...acquired the unsold condo-hotel units for US$90 million from Capri Resorts.
"At the same time, the company assumed control of Capri Hotel LLC, which controls the regular hotel units, from Yanopolous' company in a deal without disclosing the amount paid."
Another US publication, trade magazine Hotel Management, also linked John Yanopoulos to the sale of the property.
It stated, in a July 22, 2014 article: "Stephen Ross, who owns New York-based Related Cos Related Fund Management, an affiliate of Related, bought the hotel from Capri Resorts LLC, a company linked to South Florida developers John Yanopoulos and Reed Dale, for an undisclosed amount. However, it was revealed that the hotel's condo units were acquired for US$90 million."
The Sunday BG understands that Clico, on behalf of the CORE mutual funds, began trying to dispose of the W Hotel and Resorts property in June 2012.
On February 13, 2014, Capri Holdings LLC and Capri Resorts LLC entered into an agreement for sale of the property with a company called FTL Acquisitions.
This agreement was assigned by FTL Acquisitions to the eventual purchaser, RRERF FL Hotel LL on June 2, 2014.
Documents seen by the Sunday BG indicate that a company WFTL Acquisitions was incorporated in Florida on November 15, 2013. Dale Reed was its authorised representative.
On April 10, 2014, WFTL Acquisitions changed its name to FTL Acquisitions and Reed was its authorised representative.
And on July 30, 2015, the principal place of business of FTL Acquisitions is 1221 Brickell Avenue, Suite 660 in Fort Lauderdale. According to a reinstatement document filed with the Florida Secretary of State, two of its authorised persons are Reed Dale and John Yanopoulos.
The fact that John Yanopoulos and Reed Dale would be involved in the sale of the property is in line with the description in the July 2014 publication of Hotel Management, which reported that the sale was made by Capri Resorts LLC, a company linked to South Florida developers Yanopoulos and Dale.
But if Yanopoulos is related to Capri Resorts and also to FTL Acquisitions, is there a conflict of interest in the February 2014 sale agreement for the property from Capri to FTL Acquisitions?
Asked to address the conflict of interest issue, a well-placed source said: "There was an agreement for sale with FTL but the sale was never concluded. Therefore there was no acquisition by FTL or transfer of any shareholding to FTL.
"Secondly, Clico did not own any shares in Capri Hotel or Capri Resorts. The shares in the Capri entities were owned by Floridian BVI, a company owned by the Core Series Investment Mutual Fund.
"When after several extensions of time, FTL could not close, they assigned the agreement to RRERF. Clico was aware that Mr. Yanopoulos had a small interest in FTL.
"Mr Yanopoulos and his company the Y Group were engaged as asset managers of Capri. Neither Mr Yanopoulos nor the Y Group had any ownership interest in the Capri entities nor was Mr Yanopoulos allowed to participate in the sale negotiations on behalf of Capri.
"An independent real estate brokerage firm was hired by Clico to conduct negotiations on behalf of Clico/Capri. (Their name escapes me at the moment)."
How does the statement by the well-placed source that Yanopoulos did not have an ownership interest in the Capri entities square with the two South Florida publications linking him to the sale of the property?
The well-placed source said: "Yanopoulos has always projected himself as the owner. Had any of the media done any background checks, they would have realised that he was an employee.
"His company was hired by Duprey as the developer. Remember the group DYL (Duprey, Yanapoulos and Leid) was the developer for all the Florida projects."
Real estate broker Investco Realty LLC filed suit in Florida state court claiming it is owed a commission of more than $4 million for the bulk of the sale of the Fort Lauderdale W Residences and Hotel.
The issue of who is the independent real estate brokerage firm hired by Clico is relevant because on July 8, 2014, a real estate broker named Investco Realty LLC filed a lawsuit against Capri Hotels LLC, Capri Resorts LLC, Y Group LLC and CBRE Inc.
Investco claimed that it was owed US$4.6 million in commissions for the sale of the property.
Clico claims that John Yanopoulos entered into a written commission agreement with Investco that the insurance company did not approve.
As a result of the lawsuit, the eventual purchaser of the property, RRERF, requested that the Capri entities place US$4.6 million in escrow, pending the outcome of the Investco litigation.
According to Clico, the Y Group agreed to contribute US$800,000 and the remaining $3.8M was satisfied by US$2,338,444 by Capri Holdings LLC and US$1,461,556 by Capri Resorts LLC.
In a September 30, 2014 statement published as a full-page advertisement in the Guardian, the Clico board said that it took the decision to engage real estate brokerage firm CBRE to sell the W Hotel property in Fort Lauderdale.
The Clico statement–which was issued to clarify a story in the Sunday express of September 28, 2014–said the brokerage firm sold the property for a price of US$234 million.
That price, according to the Clico board one year ago, "was even better than their original valuation and clearly better than the then most recent independent valuation that had been secured."
The board also disclosed that approval for the negotiations with CBRE, potential purchasers and attorneys, and for the transaction, was received from the Central Bank."
While eventually the property was sold for US$234 million, some US$175 million was owed to the lenders on an outstanding mortgage.
With legal and brokerage fees, it is unclear how much of the consideration from the sale would have flowed to Clico, which is 49 per cent owned by the Government and 51 per cent owned by the shareholders of CL Financial.