Wednesday, February 18, 2015

Brewer Election Complaint Hearing Moved To Next Monday

Advance Indiana has been notified by Republican mayoral candidate Jocelyn-Tandy Adande that her voter registration complaint against her GOP rival, Chuck Brewer, has been pushed back from Thursday's regular Marion Co. Election Board meeting to next Monday, February 23 at 3:00 p.m. in Room 260 of the City-County Building.

Additionally, in response to a complaint Advance Indiana filed with the Indiana Public Access Counselor, the Marion Co. Board of Voter Registrations has turned over the three voter registration forms Brewer has completed since moving to Indianapolis from Chicago in 2011. According to the newly-released information, Brewer first registered to vote in Marion County on March 27, 2012 listing his downtown condominium in the Athletic Club at 350 N. Meridian Street, Unit #607 as his place of residence. Brewer filed his first change of address form on March 18, 2014 listing his new address as 1452 Dakota Ridge Drive, Apt. 8, an apartment complex located in Perry Township. Four months later, Brewer submitted a second change of address form listing his new address as 623 Slate Drive, Apt. B, another apartment complex in Perry Township. Brewer voted in last year's primary and general election by absentee ballot through early walk-in voting according to records contained in the Statewide Voter Registration System database.

By all appearances, Brewer moved his voter registration to Perry Township to seek an open seat for election to the City-County Council in District 23. The Dakota Ridge Drive address, however, was located just outside District 23 in District 20. Brewer changed his voting address to the Slate Drive apartment shortly after he filed paperwork with the Marion Co. Board of Elections to form an exploratory campaign committee to run for the District 23 council seat. Brewer first listed his Athletic Club condominium for sale on March 23, 2014. A real estate broker commenting on this site note the listing contained a note to "Call owner to show or for info." "It is very unusual that a client asks to show their home themselves- that is why they hire a realtor in the first place- and we also do not recommend it," the real estate broker noted. The original listing expired for awhile before Brewer re-listed it with another broker on December 1, 2014 with a lower asking price.

Brewer's campaign insists he moved out of the condominium and started living in either of the two apartments in Perry Township he's listed over the past year as his voting address. Adande's complaint alleges records on file with the Marion Co. Auditor's Office show that Brewer continued to claim a homestead exemption on the Athletic Club condominium, which he has claimed since he first purchased it and took out a mortgage with Sierra Pacific in the original principal amount of $380,000 in March, 2011, which is Brewer's asking price according to the real estate listing. By law, a homeowner is required to notify the auditor's office within 60 days after residential property on which a homestead exemption is claimed ceases to be the owner's principal residence. The Sierra Pacific mortgage was assigned to Wells Fargo Bank on December 29, 2014 just as Brewer initially filed paperwork to run for the District 23 City-County Council before changing his mind weeks later and running for Indianapolis mayor instead. Brewer is the endorsed candidate of the Marion Co. Republican Party for mayor.

31 comments:

Anonymous said...

I guess it will take a little more time for an attorney even of David Brooks' "talents" to come us with some excuses for his client.

Am I crazy to be suspicious about this date and time change?

Anonymous said...

Are we really supposed to believe that his campaign website lists his home address (Slate Dr) on his website?

It seems like running a campaign/business would be too intensive a use to be allowed in the apartment lease.

FRIENDS OF CHUCK BREWER
623 Slate Drive, Suite B
Indianapolis, IN 46227

The principals address (Data Updated April 17, 2014) for Crimson Meridian, LLC that owns the pot belly shop is the condo address per this free resource.

http://www.bizapedia.com/in/CRIMSON-MERIDIAN-LLC.html

Anonymous said...

What does the law say?

Gary R. Welsh said...

The law says a person’s residence for voting purposes is “where the person has the person’s true, fixed, and permanent home and principal residence; and to which the person has , whenever absent, the intention of returning.”

Anonymous said...

What fiscally responsible person trying to sell their home, would move out and take on the expense of paying rent on an apartment just a few miles down the road? Talk about a Ballard mini-me. Put Brewer in office and we'll continue building new stadiums when we already have perfectly good ones that can be used.

Anonymous said...

What sort of person is allowed to break leases on short notice? How did he get out of his Dakota Ridge lease so quickly? Ah, I found it. See below.

Here's also something interesting. Look at a map of 623 Slate. Now, look just Northwest of there, across East Street, and you'll see a street called Crimson Circle.

Brewer has incorporated a company called Crimson Circle, LLC. Is this naming a coincidence, or does someone important to him live on Crimson Circle? Is the Crimson Meridian noted by another poster a combination of both street names that are important to him?

The Slate address might truly be the one most important to him. The Dakota Ridge address requires some investigation to see whether Brewer ever made a bona fide attempt to live there. Was there anything to the Dakota Ridge address? When did Brewer sign the Stonebridge lease?

It all makes sense. Flaherty and Collins is the apartment manager of Dakota Ridge Apartments, so all their files will appear quite in order, and it looks like this entire mayoral/council run has been planned for well over a year.

Stonebridge Apartments is managed by JC Hart.

Brewer looks like a developer's boy.

In looking at the listing for his condo, how did he arrive at a listing agent 150 miles from the condo?

Of course, there is a requirement for a private showing, because Joshua Vida isn't going to drive down from Osceola, Indiana to show a condo.

It's almost like he went out of his way to make sure it didn't sell.

Anonymous said...

Gary:

Look up this Cook County domestic relations case:

2004D007387

Is this our Chuck? The case required military service and military calendaring.

Also have a look at this page:

http://chicago.blockshopper.com/search?classes=Sale&q=Charles+W+Brewer

And this:

http://www.whitepages.com/name/Charles-W-Brewer/Chicago-IL/4i91ehp

If this is our Chuck, he enjoys the buying and selling of properties.

Anonymous said...

The Election Board needs to subpoena rent and mortgage checks from Brewer, the apartment complexes and lenders. Both sides need to be subpoenaed.

Eric Morris said...

Are we allowed to cheer and boo at this hearing, like at the sporting events most of these fraudsters force down our throats through taxation? We'll call Chuck the Patriots since he is a cheater and Jocelyn the Indians (been here longer and with less tax dollars than the Baltimore Irsays).

Anonymous said...

Look up the Chicago entities

CW Brewer

Big Meadow Design

Both of 900 West Fullerton, Suite 2H

Great, Brewer is an East Coast guy with a History degree from Harvard.

He's spent time in Chicago, and it seems he's part of the Chicago wave moving to Indianapolis to take it over.

At least the food is getting better in Indy (Potbelly not included).

Anonymous said...

I found an Indiana connection to one of Brewer's Chicago businesses.

One of the websites associated with Big Meadow is sarahshomepage.com.

Research that page, and you'll find it was connected to a realtor named Sarah Waddell from Greenwood.

The page has since been abandoned.

After researching what Brewer is into, I'm not sure whether the Potbelly is just a insertion point into the Indianapolis real estate market.

Anonymous said...

Haven't the Republicans beat us over the head that "Chicago politicians" are a bad thing?

He obviously a puppet for developers that like welfare.

Gary R. Welsh said...

According to his former general manager, Sarah Hoyt, Brewer spends a lot of time in Chicago exercising his parenting time with his son and battling his ex-wife in court over child support/custody issues. I did look at the court docket in Cook County about a month ago. It's ugly for everyone but the attorneys who are making off well from the ongoing disputes that have dragged on for the past five years, replete with protective orders, orders to turn over funds, order for psych evaluation and so on. A trial on one disputed matter was originally scheduled for early March but was vacated on the motion of Brewer's attorney. It's my understanding he still maintains a residence in Chicago where he stays when he's spending time with his son.

Anonymous said...

Only one is representing the "family values" party though. We must hold him accountable to their own standards!

Anonymous said...

"Crimson Circle" might very well refer to his Harvard colors from his New England heritage, but every coincidence needs to be researched.

Anonymous said...

"After two tours in Iraq, USMC Lt. Col. Chuck Brewer left the service in 2010 to buy a Potbelly Sandwich Shop franchise in downtown Indianapolis. All he needed was $300,000 to get it off the ground—money he borrowed from Chase with help from the Patriot program. His advice: Come with cash in hand. Even though Patriot loans are backed by the SBA, banks still want collateral to the tune of 25 to 33 percent of the loan value. Brewer ponied up $100,000 thanks to family and friends. While he would have preferred to have that cash as working capital, the bank insisted he keep it on the side as collateral. Patriot can get you a speedy loan, but you’ll still need to put skin in the game. "

http://www.nfib.com/article/?cmsid=63818

Anonymous said...

Gary:

Here's his Chicago address: 2206 N. Southport

http://chicago.blockshopper.com/property/14321090350000/2206_n_southport/

The owner is listed as Charles Helen Brewer.

http://chicago.blockshopper.com/property/14321090350000/2206_n_southport/

It looks like he took the property out of his personal ownership and assigned it to a LLC he formed.

2206 N. SOUTHPORT, LLC

The Illinois Secretary of State website lists the 2206 LLC as having an address of 635 W. Buckingham, on other sites listed as Helen's Address.

If he assigned the house to a LLC, this move may have reduced the amount of personal assets he had available to be used as collateral for the Potbelly SBA loan.

http://cookcountyassessor.com/Property_Search/Property_Details.aspx?pin=14321090350000

014 Tax Year Property Information
propertyimage
PIN: 14-32-109-035-0000
Address: 2206 N Southport Ave
City: Chicago
Township: North Chicago
Property Classification: 2-11
Square Footage:
3,200 (Land)
NBHD: 12
Taxcode: 74001

Assessed Valuation
2014 Assessor Certified 2013 Board of Review Certified
Land Assessed Value 22,400 22,400
Building Assessed Value 52,032 52,032
Total Assessed Value 74,432 74,432
Property Characteristics
Estimated 2014 Market Value $744,320
Estimated 2013 Market Value $744,320
Description Two to Six Apartments, Over 62 Years
Residence Type
Two Story
Use
Multi Family
Apartments
Two
Exterior Construction
Frame
Full Baths
2
Half Baths
0
Basement1
Full and Unfinished
Attic
Full and Unfinished
Central Air
No
Number of Fireplaces
0
Garage Size/Type2
None
Age:
129
Building Square Footage
1,460
Assessment Pass
Assessor Certified
Note
Parcel Contains One or More Improvements

Anonymous said...

Actually, if you click on "MGR" in the Illinois search, it lists the addresses of the managers of 2206 LLC:

BREWER, HELEN DEAN 635 W BUCKINGHAM PL STE 3W, CHICAGO, IL - 60657
BREWER, CHARLES WESLEY 350 N MERIDAN ST #607, INDIANAPOLIS, IN - 46204

Anonymous said...

Fascinating.

It looks like Brewer has done a Reg D offering on Crimson Meridian. I don't know SBA loans. Can you sell an equity stake in a company for which the SBA is the primary creditor?

http://www.edgarcompany.sec.gov/servlet/CompanyDBSearch?page=detailed&cik=0001492883&main_back=17

http://www.sec.gov/Archives/edgar/data/1492883/000149288310000001/xslFormDX01/primary_doc.xml

His total equity offering is $300K.

The facts seem to indicate that Brewer got a $300,000 loan from the SBA and securitized the value of the entire loan.

How much shareholder equity can there be in a business venture for which the SBA stands first in line for the entire value of the equity raise?

Gary, what do you see here?

LamLawIndy said...

I'd say making the roadie to Chicago to exercise parenting time IS a laudable activity.

Gary R. Welsh said...

We're really getting deep into the woods, but he would have to satisfy the safe harbor provisions under Regulation D to issue the type of securities he issued in a private placement offering. The individual purchasers needed to be "accredited investors", who either had a net worth of $1 million or annual income of at least $200,000 and were made aware of the fact that there were restrictions on the resale of those securities. Securities law isn't my area of practice, but I thought the purpose of doing a private placement offering was to raise start up capital for the business in lieu of turning to traditional lenders for start-up capital. I might not want to invest in a start-up company if there was a superior lien on the company's assets right out of the starting gate, particularly if the promoter failed to disclose that fact to me before I purchased equity in his company.

Gary R. Welsh said...

Will he be able to make those frequent trips to Chicago for his parenting time if he becomes mayor, Carlos? What if he gets called up for active duty like South Bend's Pete Buttigieg? We're just supposed to have some stand-in mayor for 6 months or however long he's called up for service?

Anonymous said...

Gary,

The "weeds" are the whole thing, because nobody understands the weeds, so you can do all sorts of things in them.

"Parenting time" is small-potatoes reality-show nonsense that the dimmer minds can grasp and discuss endlessly.

Who are the investors in the Reg D? What was contained in the offering materials? What law firm drafted the PPM? Were any offering limits exceeded? Did he promote this himself, or was a broker involved? Were commissions paid?

Franchisors want to know where your money is coming from. Did he disclose to Potbelly he was doing a capital raise in addition to the a debt raise?

Did you see where he is taking a $4,167 monthly fee for managing the $300,000 capital raise?

That's a 17% portfolio management fee. Any decent investment advisor doesn't exceed 2%.

This is where the real activity occurs, Gary. Parenting time is "the weeds."

Just what are the Reg D investors ultimately getting? What, truly, do they own a stake in?

Hogsett, are you or your people reading this? Ask some of your BigLaw securities-law friends in D.C. how the investors have a path to recovery of their investment, never mind investment growth. Is transferring your residence to a LLC contemporaneous with a SBA loan signing and a capital raise kosher?

Notice that the investors are buying shares of Crimson Meridian, LLC which is managed by Crimson Capital Holdings, LLC. Brewer has himself well parked behind a few layers.

How much of Brewer's time will be spent running the Chicago-based LLC and the local business?

Was Brewer offered as a prophylactic to ensure the Republicans wouldn't run anyone serious? He sure looks like a guy who wants to get his name out then go back to his businesses.

Hey, Indiana Securities Division, this concerns an Indiana company and an Indiana capital raise. Do you know how to look at these things?

The lawyers that do the type of law the public understands get paid a pittance compared to the attorneys who do the work you describe as "the weeds."

Gary R. Welsh said...

I would be looking at it much more closely, anon. 9:13, if there were investors complaining they were defrauded. We need victims. Because he relied on his family and closest friends to raise this capital, there may never be any complaining parties. Maybe he's got a problem as serious as another restaurant owner in town who regularly appears on Indiana Week In Business. I just don't know.

I also think you are misreading part 16 of the SEC Form D he executed. The $4,167 is not stated as a monthly payment to him; rather, it's stated as the amount of the $300,000 proceeds he raised from the private placement offering that is being paid to him as promoter.

Anonymous said...

Gary, in a private placement, investors frequently do not complain, because they're embarrassed or have an affinity with the promoter.

For this reason, regulators frequently act unilaterally in private placement cases.

Anyway, the facts I post and the comments I make are frequently for the benefit of people who read this blog but will never post here.

Gary R. Welsh said...

And I very much appreciate your analysis. It's the type of digging good investigative reporters should do of people who are seeking to hold important positions in our government. I'm not sure the people who invested will see this blog. Someone is doing a good job manipulating the Google search engine to prevent my blog posts on Brewer from appearing anywhere near the top of hits. That's one of but many times I've noticed blog posts of mine being buried in the search engines.

LamLawIndy said...

I don't know, Gary, but I hope he continues frequent visits with his child: no amount of political advancement is worth rending a relationship with a child.

As to getting called up, that is a concern, but it's one that the voters will have to assign weight to before casting their ballots.

Anonymous said...

Gary, this blog is just about always at the top of my search results on Brewer.

Remember, no person is more than three persons removed from any other person.

All that needs to happen is for someone who knows someone to read this blog.

Anonymous said...

What we now know is that Brewer took out a $300K SBA "Patriot" loan; he borrowed $100K from friends and family, and he did a $300K capital raise.

That's $700,000 of funds to get this Potbelly going. Is a Potbelly worth this level of investment?

For the $100K in loans from friends and family, did Brewer issue promissory notes? If so, those can be considered a security.

Anonymous said...

More interesting stuff.

The investors bought shares of Crimson Meridian. While working for behalf of Crimson Meridian, Brewer started Soupremacy.

The trademark for Soupremacy, however, is not owned by Crimson Meridian, an entity to which Brewer owned a fiduciary duty. The Soupremacy trademark is held by Crimson Circle, LLC, the manager of Crimson Meridian.

https://trademarks.justia.com/861/78/soupremacy-86178041.html

Shouldn't the Crimson Meridian shareholders have some interest in the Soupremacy trademark?

Here's a law firm Brewer uses.

FOX, SWIBEL, LEVIN & CARROLL, LLP
200 W MADISON ST STE 3000
CHICAGO, IL 60606-3417

Anonymous said...

What I now want to know is whether the Crimson Meridian investors have any equity stake in Soupremacy.

If not, was a single dollar of Crimson Meridian money commingled with or invested in the Soupremacy project?

It would be nice to see the Crimson Meridian PPM.