CHICAGO (By Mike McIntire and
Christopher Drew, NY Times) March 4,
2008 — Tony Rezko was obviously in
trouble. He was a defendant in at
least a dozen lawsuits, federal
investigators in Chicago were poking
around, and his name was in
newspaper articles about corruption
and fraud.
None
of that stopped Mr. Rezko, a
politically connected developer, and
Senator Barack Obama from completing
real estate deals a few years ago
that resulted in the Obamas
obtaining their dream house and the
Rezkos buying an empty lot next
door.
Nearly
three years later, fallout from Mr.
Obama’s relationship with Mr. Rezko,
who raised more than $150,000 for
Mr. Obama’s campaigns, continue to
dog Mr. Obama on the presidential
campaign trail. That distraction
promises to linger as Mr. Rezko goes
on trial on corruption charges
starting Monday.
Mr.
Obama, a Democrat, is not part of
the case against Mr. Rezko, who is
accused of shaking down companies
seeking business with the State of
Illinois. Mr. Obama has conceded
that it was a mistake to bring Mr.
Rezko into his personal real estate
dealings, although he has insisted
that there was nothing unusual about
the developer’s decision to buy a
sought-after lot in an upscale
neighborhood.
But a
review of court records, including
new details of Mr. Rezko’s finances
that emerged recently, show that the
lot purchase occurred as he was
being pursued by creditors seeking
more than $10 million, deepening the
mystery of why he would plunge into
a real estate investment whose
biggest beneficiary appears to have
been Mr. Obama.
As Mr.
Obama and Mr. Rezko were completing
the property purchases in June 2005,
Mr. Rezko was fighting to keep
lenders and investors at bay over
defaulted loans and failing business
ventures. But he side-stepped that
financial dragnet by arranging for
the land to be bought in his wife’s
name, making it the only property
she owned by herself, according to
land records.
As a
result, when the Obamas bought part
of the land from Mrs. Rezko seven
months later to widen their yard,
the money they paid was beyond the
reach of Mr. Rezko’s creditors,
including one conducting a
court-ordered hunt for his assets to
recover a $3.5 million debt.
Two
lawyers involved in the civil
litigation against Mr. Rezko said
they believed that the property was
subject to possible seizure on the
premise that Mr. Rezko had been
trying to hide behind his wife,
Rita, who had little money of her
own to complete the $625,000
purchase.
The
lawyers, both of whom requested
anonymity because they did not have
their clients’ permission to speak
about the cases, said there was
little purpose in pursuing it
because the legal costs would have
outweighed the value of the
property, which was encumbered by a
$500,000 mortgage.
Lawyers representing Mr. Rezko in
the civil litigation declined to
comment.
When
the property deals first surfaced in
late 2006, Mr. Obama said he had
done nothing wrong. In a statement
at the time, he also said: “It was a
mistake to have been engaged with
him at all in this or any other
personal business dealing that would
allow him, or anyone else, to
believe that he had done me a
favor.” Mr. Obama’s campaign
emphasized Saturday that the
criminal proceeding against Mr.
Rezko “is not a case about Senator
Obama.”
The
statement added: “Senator Obama knew
Tony Rezko for two decades in very
different circumstances, none of
which involve the actions with which
Mr. Rezko has been charged.”
The
fuller picture of Mr. Rezko’s
financial maneuverings emerged from
an examination of civil suits in
state and federal courts, as well as
newly filed documents in his
criminal case.
Mr.
Rezko, a longtime confidant and
fund-raiser for Gov. Rod R.
Blagojevich of Illinois, a Democrat,
has pleaded not guilty to charges of
extorting campaign contributions and
payoffs from companies looking to do
business with the Blagojevich
administration.
Mr.
Obama’s name is likely to surface
during the trial, if only because
$10,000 of the money Mr. Rezko is
accused of extorting wound up in Mr.
Obama’s 2004 Senate campaign. There
is nothing to indicate that Mr.
Obama did any favors for Mr. Rezko,
but there is ample evidence that Mr.
Rezko did favors for Mr. Obama.
The
two men became friends in the early
2090s when Mr. Rezko tried to hire
Mr. Obama to work on his low-income
housing developments. When Mr. Obama
turned to politics, Mr. Rezko was an
early supporter and fund-raiser. Mr.
Rezko also stepped in when Mr.
Obama, a newly elected United States
senator, and his family found a
Georgian mansion for sale in the
Kenwood section of Chicago.
When
the transactions were first
reported, Mr. Obama said only that
he had asked Mr. Rezko, as a
developer, whether he thought the
house was worth buying. But last
month, Mr. Obama’s campaign staff
said the senator also recalled
walking around the house and the
adjacent lot with Mr. Rezko.
Mr.
Obama has said he did not know why
Mr. Rezko decided to buy the lot.
Business associates of Mr. Rezko
said he gave various explanations,
among them that he wanted to help
the Obamas expand their backyard and
that he thought it would be a good
investment to own a lot next to a
prominent politician. But Mr.
Rezko’s involvement was important
because the owners of the house and
the lot had stipulated that neither
could be sold unless a deal for the
other closed on the same day.
Michael Sreenan, a lawyer who
handled the transaction for Mrs.
Rezko, said that the lot was
attractive to developers and that
the Rezkos had to outbid others to
buy it.
Some
critics say that given Mr. Obama’s
longtime emphasis on ethics, it is
puzzling that he would have been so
involved with the Rezkos on the
house and lot deals after questions
had begun to crop up about Mr.
Rezko’s political and business
activities.
For at
least two years before the property
purchases, news articles had raised
questions about Mr. Rezko’s
influence over state appointments
and contracts. There had also been
reports that the F.B.I. was
investigating accusations of a
shakedown scheme involving a state
hospital board to which Mr. Rezko
had suggested appointments.
Also,
Chicago officials had announced that
they were investigating whether a
company partly owned by Mr. Rezko
had won public contracts by posing
as a minority business.
As a
result, said Jay Stewart, executive
director of the Better Government
Association in Chicago, Mr. Obama
“should have been on high alert.”
In
addition, although Mr. Rezko enjoyed
a reputation as a man of means, with
a Mediterranean-style mansion, a
sprawling chain of fast-food
businesses and frequent
multimillion-dollar real estate
deals, the court records show, he
was also sinking in financial
quicksand.
Federal prosecutors filed papers
last week saying Mr. Rezko had
trouble paying creditors for years.
At least 12 lawsuits had been filed
against Mr. Rezko and his businesses
from November 2002 to January 2005,
including one by the G.E. Commercial
Finance Corporation, which had
extended more than $5 million in
loans for Mr. Rezko’s pizza
franchises. G.E. obtained a court
judgment against Mr. Rezko in
November 2004 for the $3.5 million
that it said was outstanding on its
loans, but the company put
collection efforts on hold in the
first half of 2005 as it negotiated
with Mr. Rezko, court records show.
When the Obamas and Rezkos bought
their adjacent parcels that June,
Mrs. Rezko put down $125,000 in cash
and financed the rest with a bank
loan.
Vincent A. Lavieri, a lawyer who has
represented clients in three
lawsuits against Mr. Rezko, said Mr.
Rezko’s creditors could have tried
to prove that Mr. Rezko was using
his wife as a front to shield
assets.
It is
unclear where Mrs. Rezko got the
money for the down payment and how
she carried the loan, considering
that she later said in an affidavit
that she earned $37,000 a year and
had few assets.
Mr.
Rezko, however, had come into money
two months earlier, when he obtained
a $3.5 million loan from a
Panamanian company controlled by his
friend and business partner, Nadhmi
Auchi, an Iraqi billionaire who was
convicted several years ago in
France on fraud charges.
Alasdair Pepper, a lawyer based in
London who represented Mr. Auchi,
said that Mr. Rezko was expected to
use the money for his pizza
business, and that “as far as my
client is aware, Mr. Rezko used the
loan for its intended purpose and
not for any other purpose.”
Court records in the G.E. case show
that a few months after receiving
the loan from Mr. Auchi, Mr. Rezko
made a $1 million payment to G.E.,
but stopped short of repaying
everything he owed.
Finally, in October 2005, G.E.
obtained an order allowing the
company to begin seizing Mr. Rezko’s
assets. The company’s lawyers filed
a claim against the Rezkos’ home and
began issuing subpoenas to banks
where Mr. Rezko had accounts,
finding very little cash. Court
records show that G.E. was due to be
in court on Jan. 5, 2006, for
example, obtaining an order to seize
$1,297.39 from one of Mr. Rezko’s
checking accounts.
Less than a week later, Mrs. Rezko
sold a 10-foot-wide strip of the
empty lot to Mr. Obama, for
$104,500, so he could widen his side
yard. The Rezkos had little to show
for the entire transaction.