KeyBank Thrown Into Golf Community Brawl

Screen shot 2009-09-25 at 5.04.33 PM.pngThe battle at Bonita Bay Club, an exclusive luxury community on Florida’s west coast, is turning into an all out war.

Yesterday a Wall Street Journal article highlighted a tale of dysfunctional management by David Lucas, CEO of Bonita Bay Group, the club’s management company. As such, homeowners and golf club members have attempted a coup to try to save their club assets from disarray and possible loss of their entire investment. But Dealbreaker has learned that according to club members involved in the negotiations, the Bonita Bay Turnover Committee also voted to pursue KeyBank as an accomplice to defrauding investors just this past Wednesday.

The Ohio-based bank, who manages a loan of over $100 million made to Lucas’s BBG for development of the club, was served a letter with notice of discovery this week. Lucas was also served a civil fraud suit by two club members who are asking the court to classify it as a class action. Sources familiar with the legal strategy say after discovery is complete; KeyBank will be named as a co-defendant in the club members’ suit.

“The decision this week to fight this in public didn’t come lightly. Many members didn’t want the fact they’d been scammed by Lucas to be aired publicly and at first were willing to write a check to make it go away,” said a golf club member who wished to not be named. But as more evidence of malaise came to the forefront opinions quickly changed. Over one hundred emails have come into the club’s Turnover Committee in the last two days saying they support the committee’s moves. A budget of around $1 million has been set aside for legal fees.

The heated battle encompasses a twisted set of maneuvers, by both BBG Group and Key Bank, to get their loan paid off instead of honoring prior commitments to use club money to pay back members that want out of the club. Bonita Bay Group sold membership on the contingency of members being able to withdraw the initiation fee within 30 days if they chose to resign - a unique deal that helped fuel sales during the property’s boom years. The battle heated up last November when Lucas told members who were hampered by the financial crisis and needed cash that the previous withdrawal policy would not be honored. Ouch!

Club members believe KeyBank has a loan covenant built into the deal that is directing Lucas to pay them back first before any monies can be returned to resigning members. So far Key Bank won’t show club members revised loan terms to prove or deny this allegation but even Lucas has said in published press reports that it is KeyBank who won’t allow him to use money from the loan to payback members. Many of these membership deals, however, were made over a decade before KeyBank even took control of the loan in 2007.

Michael Lissack, a Bonita Bay Group resident says, “This move shows KeyBank is directing BBG to defraud the senior creditors with club assets.” Lissack, a former Wall Street banker, was one of the first community residents to call foul play against BBG and Key.

It’s still hard to tell who is controlling whom in this drama. Some residents like Lissack say it is all really just a Ponzi scheme purported by Lucas and aided by Key. According to the WSJ, Lucas scoffed at the idea that the company is running a Ponzi scheme. Yet press reports say Florida attorney general is now looking into the Ponzi charge and Dealbreaker has learned the FBI is investigating other extortion threats made to club members by BBG.

For now we wait to watch if club members can stay in the fight against Lucas and his enablers, without losing a lot more money, and come out with control of their private playground.

Comments

1

Posted by guest , Sep 25, 2009 5:49PM

Is this Greg impersonating a woman? I think so. Greg, you can't fool us, you POS.
Frank Gorshen

2

Posted by guest , Sep 25, 2009 7:32PM

Nice reporting. Lucas sounds like he doesn't have a chance in hell of selling the Bonita Bay Club to his members now and getting someone else to pay off his debts. I hope there is another report on how Key Bank gets tied into the blame here. I would love to hear any thoughts on if homeowners are better off with a bankruptcy so they can bid for it in auction?

Bobby in Naples and NYC

3

Posted by Tax Chick , Sep 25, 2009 8:35PM

Why the hell does the spam shit of @3 & @4 get through, but I post a link back to DB and all hell breaks loose. WTF?!

4

Posted by guest , Sep 26, 2009 12:19AM

Wow, this was the most boring post ever.

5

Posted by guest , Sep 26, 2009 12:48AM

@4 Grow up. If you have a view on the story that's great but otherwise you sound like you're in high school with that lack luster comment.
I want to know how David Lucas plans to pay off his debt to Key Bank if the members stop paying their dues?

PG

6

Posted by guest , Sep 26, 2009 5:30PM

I am still confused if Boates (the CRO) works for KeyBank, BBG, or the club members? Anyone know for sure?

Tim

7

Posted by Lissack , Sep 26, 2009 5:45PM

Keybank and or BBG and NOT the members

8

Posted by Lissack , Sep 27, 2009 10:41AM

The elements of the alleged Key Bank fraud are quite simple: Key Bank has a loan covenant with BBG which prevents BBG from honoring its contracts with the members -- Lucas's own words tell us that the Bank prevented monies from being used to pay the resigned members.


The bank is also NOT the senior creditor with respect to club assets -- look at page 19 of the mortgage paragraph e -- which asserts that the banks rights come after the rights of the members.

Finally the members deposits which were already pledged to the members for repayment were subsequently pledged to and dominion asserted by KeyBank.


All of which means that if there is a fining that there is a Ponzi scheme, Key bank is likely in the thick of it.

9

Posted by guest , Sep 27, 2009 1:46PM

Why can't the members make Lucas put their dues, for this season in an escrow account and have a third party manage it to ensure the due are going to upkeep the club and not pay off BBG's loan to Keybank?

Will Lucas not agree to this?

There are a lot of New Yorker's who have a place in this community. It's nice to see Dealbreaker and The Journal pay attention to this story. It seems like members are having a hard time getting the facts so could understand what their real options are.

JT

10

Posted by TGFBV , Sep 27, 2009 10:04PM

BORING! Who cares? Can't we have some action? Perhaps the bankers were nailing the members wives? Mistresses? The members were wife-swapping? Mistress-swapping?

And WTF was Key was making/managing loans to Florida golf courses in 2007? Dipshits. Maybe they can use it to film Caddyshack III - Revenge of the Gopher.

http://www.carlspackler.com/sounds/044.mp3

11

Posted by Dutch , Sep 28, 2009 8:50AM

What about the employees of BBG? They have to be betweeen a rock and a hard place. Employment hiring not good in SW Florida, I know some are still there and are doing what they can to keep the club open. Not paying dues will really make things worse for them and the members. The attorneys now will be the beneficiares of this dilema. But, the court seems to be the on ly answer to this deadlock.

12

Posted by simpson1 , Sep 28, 2009 9:28AM

I am one of over 2000 residents who live in Bonita Bay who are NOT members of the Golf & County Club which are at the heart of all the hub-bub this past year. We don't have a dog in this race directly... however, since the Club is the economic engine that drives the community and the value of the homes contained herein... we have much more than a passing interest in the fight itself.

I bought in BB 12 years ago and stroked a check for $225K for my very comfortable condo. I've seen the value of that investment go up as high as $750K and down to its present value of approx. $450K. My wife and I are not golfers but are surrounded by same. Bonita Bay is and has always been run like a prep boarding school. When you arrive, you're told what to pay, where to go and how to do it. If you don't follow the rules you're dismissed. Most fall in line because they like what they see and property values tripled in most neighborhoods. What's not to like?

Then the house of cards started to collapse in '06 with the real estate bust and it's been all downhill since. The place still looks great but people are not happy because 1) Uncertainty and 2) Property value decline.

What do we... the NON-MEMBERS... want? We want to see BBG bite the dust in a blazing fire ball on the steps of the Federal Courthouse in Ft. Myers followed by a fire sale to the homeowners of the BBG assets at 10 cents on the dollar. It can and in all likelyhood will happen. The question is... when will all of our overly rich neighbors (Club members) come to reality and decide enough is enough. They haven't yet! They are still fearful that BBG will close the facilities and they'll be forced to go outside the gates (God forbid) for their daily and evening entertainment. They still show signs of having more dollars than sense!

BBG and the Lucas Clan are a bottomless pit in which to throw money. As long as the members fork over seven figures every thirty days... the BBG will be there to collect it. The BBG mentality is simple. This will all blow over and all will be forgiven. After all... it's always been that way. Why should it change now? However, "Denial is not a river in Egypt!"

As I stated.. we're sitting on the sidelines watching and waiting for the big boys to finish their fight so we can come in and pick up the pieces. In this match, it's a lot more fun to be a spectator than a participant.

13

Posted by guest , Sep 30, 2009 8:34AM

There is a new detailed story from the same reporter here:
http://bankimplode.com/blog/2009/09/29/bonita-bay-brawl-are-members-victims-of-lucas-and-keybank/

It spells out a legal strategy that might make the golf club owners victims instead of creditors. Sounds like an interesting solution to the problem that could offer a real chance for some of our members in need to get their money back.

Tom

14

Posted by Joseph N. DiStefano , Sep 30, 2009 9:33AM

Teri Buhl has done an impressive job showing how a costly snit among some wealthy Floridians may also prove expensive to a giant Northern bank. Multiply by lots of questionable deals that were made during the bubble, and you start to understand why banks aren't lending, and will have a lot more bad debt to work through before they do; which keeps the economy stalled; no matter how many times folks in Washington claim this recession is over. -- Joe DiStefano, Philadelphia

15

Posted by Poncho , Sep 30, 2009 12:28PM

Buhl launched a story that needs to be continued in depth, it runs deep. Even though the club members purportedly have a degree of wealth and sophistication this is a classisc David and Goliath or American Revolution story. Lucas, representing a family with large wealth and holdings, intimidating people in the ember hours of their existence, who signed up to live and enjoy the facilities for a fee that was promised to be returned within 30 days of their request. In exchange for their money they were also promised facilities that would be maintained in a proper manner. Instead they are threatened by intimidation and extortive attempts to have them relinquish their funds to the family and pay more for the privileges they were already promised. Lucas's efforts are aimed to get the group to knuckle under, based on them having no solid leadership effort ( they never knew they needed it) and most likely a limited desire to fight at a time when they should be enjoying the remaining years of their existence. Elderly abuse is despicable, perhaps the elderly rights groups should get in the fight? Perhaps it's time for a Revolution? No matter how you spin it, the time has come for someone to stand up to Lucas and stop him and the family from attempting to take advantage of an unsuspecting population of older folks who have perhaps lost the will and ability to fight for what is rightfully due to them!
Attack! The battle has just begun!

16

Posted by guest , Oct 01, 2009 2:11PM

I am a Bonita Bay Club member and was told last night 60 Minutes is now sniffing around for a story on our club. Nice work exposing Lucas and KeyBank in your reporting Dealbreaker. Buhl nailed down what the Wall Street Journal clearly missed- That the important issue is how much did Keybank know about how funds were being used when they bought the loan in 2007.

17

Posted by guest , Oct 11, 2009 3:57PM

No Lender would release money to a developer without having a (near) direct access to the cash flow (Member's dues, fees, club income, etc). Did Key Bank know that they were positioned in front of Members when cash flowed through BBG from Members and club operations? Of course they did and you can bet it is in the loan docs between the two.

Fraud doesn't have to be conspiratorial from direct conversations and open discussions between Lender and Developer about how funds are used and tricky legal language is employed to setup the scam.

All they have to do is wink at each other as they pass the vault. :(

Post Your Comment

You're commenting as a guest.

Comment with your user account instead.


After submitting a comment, it may take several minutes to appear. Please only submit your comment once.


  •   [you can change this!]

  •   [your blog/site. optional.]
  • Remember my info ↑