Forbes
Oct. 29,
2001
http://www.forbes.com/forbes/2001/1029/088.html
Did Nationwide Financial know it was getting in bed
with a convicted felon when it did a golf course deal with Jack Franks?
By RiShawn Biddle
| As a hall of fame home run slugger for
the Minnesota Twins, Harmon (Killer) Killebrew saw some slick pitches in his
day. But few were as slick as the one he got from Jack Dean Franks in the early
1980s to invest in a golf course development in Rancho Mirage, Calif. "I was impressed with him,"
recalls Killebrew, now retired in Arizona. "His original idea was a pretty
good one. If it was actually built, we could have made some money. But it never
happened. He took our money, and we never saw it again." Franks would later plead guilty to
charges of mail and wire fraud in the deal and was sentenced to 60 days in
prison. Investors, who also included former Idaho congressman Ralph Harding and
occasional Forbes 400 member Harold Alfond, say they lost $1.5 million out of
$2.5 million invested in the deal. Franks claims their losses were no bigger
than $600,000. Franks, 59, who splits his time these
days between the posh Balboa Bay Club in Newport Beach, Calif. and a weekend
getaway in Mexico, says his offense was just "commingling funds" and
that Harding used political influence to get him indicted. "It wasn't as
bad as he painted it. Harding went to the attorney general and told him that
because he was a congressman, I should be indicted." "Jack Franks is one name I want to
forget," grumbles Killebrew. "It was horrible." But Franks is nothing if not persistent.
After another fraud conviction for his role in the 1987 downfall of Vernon
Savings & Loan, he's back in business in his most ambitious deal yet. He
put together an investment group that's developing a three-golf-course,
342-home development on a 1,000-acre site in ritzy La Quinta, Calif., near Palm
Springs. True to form, Franks has attracted a
blue-chip list of investors--and plenty of controversy-- for his "Country
Club of the Desert". The investors include General Nutrition's former
chief executive, Jerry D. Horn, who in turn brought in his successor at GNC,
William Watts, and John Childs, a former partner of LBO-meister Thomas H. Lee,
who now runs a private equity fund. Nationwide Financial Services, a publicly
traded company controlled by mutually owned insurance giant Nationwide Corp.,
is backing the project with $29 million in equity and debt. Apparently smitten with the deal, Joseph
Gasper, president of Nationwide Financial, chipped in another $250,000 of his
and another executive's money as an equity investment in the partnership. "Jack's had his ups and downs, but
he's proven to be a great partner and a friend," swoons Horn, who has
poured more than $4 million into Franks' ventures over the years and is working
with him on a separate shopping-center project nearby. "He has a beautiful
wife. We're having dinner with them tonight, in fact. He's a bon vivant
fellow." But one person who won't be sitting down
to dinner with Franks is Gene Phillips, the wheeler-dealer who oversaw the
collapse of real estate syndicator Southmark. Even as he was being indicted
last year (he's awaiting trial) as part of a racketeering sweep that included
members of Mafia families, Phillips found time to sue Franks over a $635,000
loan Phillips had advanced to assemble the Country Club site. Phillips claimed
in the suit that Franks and his partners stiffed him out of $434,665 of the
loan, including interest, even after Phillips twice restructured the terms. Though the suit was settled in March,
Franks contends that it was in retaliation for his refusal to give a free golf
membership to Joel Lenamon, a "consultant" hired by Phillips to
collect the loan. "They would have been paid back
without the lawsuit," snorts Franks. Retorts Lenamon: "He's mad because I
went to his partners and asked them if they would pay off his debt. It greatly
embarrassed him." But Franks is apparently a hard guy to
embarrass. Recalls Assistant U.S. Attorney Lance Caldwell, who helped prosecute
Franks in the Vernon scandal: "He told me jail didn't bother him. 'Hey,
you cannot destroy my brain. When I get out, l'll figure something out.' That
was his view toward life, that we may have gotten him on this one, but he's
smarter than us and he'll get back in the saddle." Franks served six
months in a halfway house in 1989 for funneling kickbacks to Vernon's chief
executive, as well as for recruiting "straw borrowers"--including his
own wife--to cover up busted loans made to a former business associate by a
now-defunct Corvallis, Ore. thrift. "He's a fascinating guy,"
marvels Caldwell on hearing of Franks' latest venture. Franks didn't waste time getting back
into business, this time as a land speculator. He began assembling the land for
the La Quinta project in 1998, then hooked up with Grant Hornbeak, a home
builder who brought Nationwide into the deal. One of the planned three golf courses is
completed, with lush green rye and Bermuda grasses sprouting incongruously out
of the desert dust. Franks hosted a preview for members last month with an
11-hole round and a reception held in a maintenance shed. He claims to have
sold $50 million worth of home sites, as well as more than 100 golf memberships
at $90,000 per family. "The project speaks for
itself," he declares. "I paid the price for my life activities ten
years ago. And I have partners who have done business with me before my
problems. That should say something." Does Nationwide have a problem with
Franks' colorful history? "We did due diligence, and we think it's a very,
very good business plan," says Brian Ellis, the president of Nationwide
Realty Investors. Later, a Nationwide flack qualified that statement, saying
the company is looking into the matter. Harmon Killebrew is less generous.
"He's dreaming up another golf course? He never repaid us for the last one
he was supposed to build." Adds Harding, who now works for the Department
of Agriculture: "So he's at it again, huh? I feel sorry for the insurance
company that put up the money." |