California
Exclusive: FBI searched California real estate firm linked to bad bank loans
Item 1 of 2 The podium for the director of the Federal Bureau of Investigation is seen at FBI headquarters in Washington, U.S. June 14, 2018. REUTERS/Yuri Gripas/File Photo
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On September 11, FBI agents searched Continuum’s Newport Beach, California, offices, law firm Paul Hastings wrote in a September 12 letter seen by Reuters.
Representatives for Continuum did not respond to emails and calls seeking comment. The FBI is an enforcement arm of the Justice Department. Spokespeople for the agencies did not respond to requests for comment. An attorney for Cantor Group said the firm upheld the terms of the Zions and Western Alliance loans and did not provide comment on the government scrutiny.
Allen Matkins, a law firm that represents other entities linked to Continuum, wrote in an October 2 letter that it learned on September 11 that certain of its clients were the subject of search warrants “in connection with a pending criminal investigation,” and that a grand jury had been convened in the case.
Prosecutors typically convene a grand jury when they intend to gather more evidence. The letters did not say which specific criminal authority was leading the case or what potential misconduct or individuals it was focused on.
Criminal investigations do not necessarily mean any wrongdoing has occurred and many do not result in charges.
Reuters is reporting the FBI search and probe for the first time. The government scrutiny could have ripple effects for what legal filings and public records show is a complex web of investors and lenders tied to Continuum’s real estate dealings, some of which are entangled in civil litigation.
Paul Hastings and Allen Matkins are representing parties embroiled in a complex real estate dispute. The letters relate to those proceedings. The Allen Matkins letter was disclosed in a California court.
When asked about the letter by Reuters, a lawyer for Paul Hastings said the firm was “working to unravel multiple levels of alleged fraud,” but did not provide more details.
Allen Matkins did not respond to calls and emails seeking comment.
PASSIVE INVESTORS
Zions on October 15 sued Cantor Group fund guarantors Andrew Stupin and Gerald Marcil, among others, to recover more than $60 million in soured commercial and industrial loans. The next day, Western Alliance flagged that it had sued the pair and a different Cantor fund in August to recover nearly $100 million.
Both suits allege key information was misrepresented or not disclosed, breaching the loan terms. Western Alliance also alleges fraud on the part of the Cantor fund.
Continuum acquires and manages distressed real estate assets for groups of investors, and its largest investors include Stupin and Marcil, according to a February arbitration ruling related to the real estate dispute. That ruling found Cantor “consists solely” of Continuum’s legal owner, Deba Shyam, and shares the Continuum offices. Shyam did not respond to calls and emails seeking comment.
Cantor upheld its contractual obligations and was transparent with its lenders, while the loans were audited and independently reviewed multiple times over the years, said the Cantor attorney Brandon Tran, who also represents Stupin and Marcil.
The pair are passive investors in Cantor and held no operational roles, he added. Cantor in legal filings has disputed that the Western Alliance loan is in default.
In a statement, Marcil said he had invested in several of Continuum’s properties. He denied wrongdoing and said that he was a victim.
Spokespeople for Zions and Western Alliance did not respond to requests for comment.
Reporting by Douglas Gillison and Chris Prentice; Editing by Michelle Price
Our Standards: The Thomson Reuters Trust Principles.
California
California governor’s race tightens as primary day approaches
OAKLAND, Calif. – With Tuesday’s primary election approaching, the race for California governor is coming into focus — and one candidate’s rise has surprised nearly everyone watching.
That’s according to Joe Garofoli, senior political writer and columnist with the San Francisco Chronicle, who broke down the latest polling and key races to watch with KTVU.
Who’s in the lead?
By the numbers:
The latest Berkeley IGS poll of 5,000 likely voters from May 19-24, shows former Attorney General Xavier Becerra leading the field at 25%, with Republican Steve Hilton at 21% and billionaire activist Tom Steyer at 19%.
Just two months ago, Becerra was polling at 5% and Democratic Party leaders were quietly urging lower-performing candidates to reconsider their campaigns. Former Los Angeles Mayor Antonio Villaraigosa, who is now polling at 1%, was among those who suggested Becerra consider dropping out.
“This would be the greatest comeback since Lazarus,” Garofoli said.
He attributed Becerra’s turnaround primarily to the exit of Congressman Eric Swalwell from the race, saying Swalwell’s voters and Becerra share many of the same moderate positions.
Becerra, Garofoli said, has leaned into a steady, reassuring image on the campaign trail.
“He’s sort of portraying himself as Tío Becerra — Uncle Becerra, the kindly uncle,” Garofoli said. “This is not a guy who’s going to go to Sacramento and turn over the tables.”
The other side:
Steyer, meanwhile, has climbed from 15% earlier this month to 19% in the latest poll, powered by $213 million of his own money and a string of endorsements from major progressive organizations in California.
His support for single-payer health care and his pledge to not take corporate PAC money have resonated with the left, even as some progressives have historically been skeptical of billionaire candidates.
“Steyer’s a different type of billionaire than the tech billionaires who they traditionally oppose,” Garofoli said, noting that Steyer’s platform focuses on protecting and creating working-class jobs rather than advancing technologies that could eliminate them.
Ballots are slow coming in
Dig deeper:
Despite the competitive field, Democrats have been slow to return their mail-in ballots, with return rates sitting around 12%.
Garofoli said the hesitation reflects a broader dissatisfaction with the candidate pool.
“I can’t tell you how many people told me, ‘I don’t know who to vote for, none of these people appeal to me,’” he said. “Nobody in this field really has that outsized big personality, or at least has demonstrated it at this point.”
Local perspective:
In San Francisco, former House Speaker Nancy Pelosi added a new variable to the congressional race to fill her seat, endorsing Supervisor Connie Chan over front-runner State Senator Scott Wiener. Garofoli said the endorsement was expected, though its timing surprised him.
Pelosi’s recent endorsement record in San Francisco has been uneven — she backed Dean Preston, who lost, and Joel Engardio, who was recalled — but Garofoli said this one may carry more weight.
“It is for her seat. She has tapped Chan on the shoulder and said, this is the person I want,” he said.
Chan is currently in a tight race with Saikat Chakrabarti, a former tech engineer and one-time aide to Rep. Alexandria Ocasio-Cortez, according to Chronicle polling.
The Pelosi endorsement, Garofoli said, could be enough to push Chan into the top two alongside Wiener.
The Source: Interview with Joe Garofoli, senior political writer and columnist with the San Francisco Chronicle, Berkeley IGS poll
California
Steve Hilton on His Surprisingly Strong Bid for California Governor
It’s been quite the unexpected slog through a field of candidates so numerous that all of their names don’t even fit on a single page of the ballot. Democrats in California have held the governor’s mansion, state House, and state Senate for almost two decades and unrest about that trifecta out West is real. The traditional political alliances are frayed, at best, with socialists backing a billionaire and Trump supporting an immigrant. A sex scandal tanked the hopes of a leading candidate, Rep. Eric Swalwell, and Trump’s endorsement of Hilton all but sidelined tough-on-crime Riverside Sheriff Chad Bianco. It’s why Hilton, who moved to California in 2012, is in the mix in a race that is set to test assumptions about party loyalty, candidate partisanship, and money’s power. And it carries massive consequences about who will be the de facto CEO of the fourth-largest economy on the planet, between Germany and Japan, and a major player on the national political stage. This is not some backwater local election.
California
California just handed oil companies billions in free pollution permits
By Alejandro Lazo, CalMatters
This story was originally published by CalMatters. Sign up for their newsletters.
California air regulators on Friday approved a contentious overhaul of the state’s carbon market, creating a program that could steer billions of dollars in free pollution permits to oil refineries and other major polluters over the objections of environmental groups, key lawmakers and three of the board’s own members.
Ten members of the California Air Resources Board voted to adopt the changes to its cap-and-invest program after two days of lengthy hearings, including a full day dedicated to hundreds of public comments.
The overhaul followed intensive lobbying by the oil industry as well as pressure from Gov. Gavin Newsom’s administration to help keep refineries operating in the state amid rising gas prices.
The approval sets up a potential budget fight in Sacramento. The Legislative Analyst’s Office projects that quarterly auction revenue for state climate programs will drop from roughly $4 billion a year to about $2 billion under the new overhaul.
Such a shortfall would effectively zero out programs lawmakers spent last year fighting to fund: affordable housing, public transit, drinking water in low-income communities and pollution monitoring in California’s most polluted neighborhoods.
The governor’s office praised the measure as a compromise that balanced economic uncertainty with the state’s climate goals. Refinery closures and the Iran-Israel war have driven average California gas prices above $6 a gallon.
Newsom, in a statement, used the moment to draw a contrast with President Donald Trump.
“While Trump sows ongoing chaos and uncertainty, California is staying focused by protecting our economy, safeguarding public health, and doubling down on the clean energy future all Californians deserve,” he said.
Environmentalists warned the changes to the program amount to a giveaway to the fossil fuel industry that weakens California’s only program setting a firm cap on greenhouse gas emissions.
Katelyn Roedner Sutter, California senior director for the Environmental Defense Fund, called the decision “deeply misguided” for prioritizing polluters over communities.
“Newsom’s air regulators are handing billions to oil executives at the expense of our climate, health, and affordability for working families in a rushed process that has shortchanged meaningful public participation,” said Bahram Fazeli, policy director at Communities for a Better Environment.
How the program works — and what changes
California’s 13-year-old carbon market forces major polluters to buy permits while the state lowers the overall cap each year. Friday’s vote will reduce those permits – and creates a new subsidy program carved out of the market.
The program, which may still see changes, could make available a new pool of free pollution permits available to industry valued at as much as $4 billion. Companies that pledge to invest in clean energy and efficiency may qualify for the permits in exchange for investments in clean energy.
The pool will be capped at 118.3 million permits — the same number the air board has said must come off the market for California to hit its 2030 climate target. Environmentalists say the proposal risks wiping out those reductions.
Half are reserved for the fossil fuel sector. A recent Berkeley analysis, by the chair of an independent committee that oversees the carbon market, found refineries could end up with more free permits than they need to cover their emissions.
The air board has defended the design. Officials say the credits will go only to companies undertaking decarbonization projects, will be limited and temporary and can be clawed back if companies misuse them. The plan, they say, is meant to keep California refineries operating at a time of mounting closures and global market pressure. According to air regulators, the amended program will spur clean-energy investment as Trump cuts federal support.
This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.
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