Former Winona Restoration Exec Sued
July 28, 2016 at 4:25 p.m.
By Dan Riordan and Craig Brosman-
The original filing concerned irregularities in accounting for the Village at Winona. A source close to the investigation confirmed today that an amendent will be filed this week in Judge Duane Huffer’s court. Further investigation following the original filing shows Wilcoxson transferred properties from Miller’s Winona Restoration Partners LLC to a not-for-profit Wilcoxson created.
According to records from the Internal Revenue Service, Wilcoxson created Winona Arts Restoration and Preservation Inc.
Within the IRS Form 990 under gifts, grants, contributions and memberships Wilcoxson cites assets of $4,596,092. Of the total assets WARP claimed, $4,029,480 were procurred during the 2006 fiscal calendar year.
In December 2006, county records show several transfers of property – valued at more than $4 million – to WARP.
Miller was informed by legal counsel not go into details of the amendment at this time.
Research of county records show several properties previously owned by Winona Restoration Partners were transferred to WARP on Dec. 29, 2006.
According to the 2010 Internal Revenue Service Form 990 for WARP, Wilcoxson was named as the chief executive officer. Additionally, the address listed for the offices of WARP was a property transferred by Wilcoxson from Winona Restorations Partnership to WARP. The address referenced is 500 Chestnut Avenue, Winona Lake, a garage adjacent to the Beyer Home.
Joe Beeson owned the property at 610 Chestnut St., Winona Lake.
He was approached by Patrck Kavanaugh, director of the MasterWorks Festival in Winona Lake.
Kavanaugh was interested in purchasing the property to provide housing for those coming from out of the area to be part of MasterWorks.
Beeson, a supporter of MasterWorks, was interested in such a deal.
But without sufficient funding, MasterWorks was unable to purchase the property.
That’s when Beeson and Kavanaugh both said Wilcoxson stepped in to provide funding.
Beeson made sure that contract language stated the property be only used for MasterWorks and sold the property for less than its assessed value.
Beeson said he operated under the belief that he was selling the property to the Village of Winona project and that Wilcoxson presented the purchase as one through the Village of Winona project.
Both Beeson and Kavanaugh said no distinction was made between Winona Restoration Partners, established by Miller, or Winona Arts, Restoration and Preservation established by Wilcoxson.
Kavanaugh said that his organization received checks from both organizations and that he had no reason to believe they weren’t related.
“When you are in a situation like ours,” said Kavanugh, “when you get a check you don’t ask where it came from.”
Kavanaugh also said that he’s never had any contracts and that all agreements were “good-faith, handshake agreements.”
Within the original lawsuit filed Dec. 21, 2011, by Warsaw attorney Michael Reed, Miller claimed that on Nov. 2, 2011, as 95 percent or more owner of the company, he revoked the authority of Wilcoxson to do business on behalf of the company.
Miller then instated himself as the day-to-day manager of the company. Between Nov. 2, 2011 and Nov. 15, 2011 it became apparent to Miller that the books and records of the company were not complete or were missing. Additionally Miller noticed that other necessary documents and company records were not kept at the office of the company as required by state law and the operating agreement.
When Miller noticed that the books were missing he requested that the books and records be returned by Wilcoxson.
On March 26 Robert L. Nicholson, the attorney for Wilcoxson, filed an answer to Miller’s complaint. Within the answer, Nicholson says that Wilcoxson admits that he was asked to produce the documents and denies that he has failed to produce them.
Multiple phone calls to Jackie Bennett, at Taft, Stettinius and Hollister – the Indianapolis law firm representing Miller – were not returned by press time.[[In-content Ad]]
The original filing concerned irregularities in accounting for the Village at Winona. A source close to the investigation confirmed today that an amendent will be filed this week in Judge Duane Huffer’s court. Further investigation following the original filing shows Wilcoxson transferred properties from Miller’s Winona Restoration Partners LLC to a not-for-profit Wilcoxson created.
According to records from the Internal Revenue Service, Wilcoxson created Winona Arts Restoration and Preservation Inc.
Within the IRS Form 990 under gifts, grants, contributions and memberships Wilcoxson cites assets of $4,596,092. Of the total assets WARP claimed, $4,029,480 were procurred during the 2006 fiscal calendar year.
In December 2006, county records show several transfers of property – valued at more than $4 million – to WARP.
Miller was informed by legal counsel not go into details of the amendment at this time.
Research of county records show several properties previously owned by Winona Restoration Partners were transferred to WARP on Dec. 29, 2006.
According to the 2010 Internal Revenue Service Form 990 for WARP, Wilcoxson was named as the chief executive officer. Additionally, the address listed for the offices of WARP was a property transferred by Wilcoxson from Winona Restorations Partnership to WARP. The address referenced is 500 Chestnut Avenue, Winona Lake, a garage adjacent to the Beyer Home.
Joe Beeson owned the property at 610 Chestnut St., Winona Lake.
He was approached by Patrck Kavanaugh, director of the MasterWorks Festival in Winona Lake.
Kavanaugh was interested in purchasing the property to provide housing for those coming from out of the area to be part of MasterWorks.
Beeson, a supporter of MasterWorks, was interested in such a deal.
But without sufficient funding, MasterWorks was unable to purchase the property.
That’s when Beeson and Kavanaugh both said Wilcoxson stepped in to provide funding.
Beeson made sure that contract language stated the property be only used for MasterWorks and sold the property for less than its assessed value.
Beeson said he operated under the belief that he was selling the property to the Village of Winona project and that Wilcoxson presented the purchase as one through the Village of Winona project.
Both Beeson and Kavanaugh said no distinction was made between Winona Restoration Partners, established by Miller, or Winona Arts, Restoration and Preservation established by Wilcoxson.
Kavanaugh said that his organization received checks from both organizations and that he had no reason to believe they weren’t related.
“When you are in a situation like ours,” said Kavanugh, “when you get a check you don’t ask where it came from.”
Kavanaugh also said that he’s never had any contracts and that all agreements were “good-faith, handshake agreements.”
Within the original lawsuit filed Dec. 21, 2011, by Warsaw attorney Michael Reed, Miller claimed that on Nov. 2, 2011, as 95 percent or more owner of the company, he revoked the authority of Wilcoxson to do business on behalf of the company.
Miller then instated himself as the day-to-day manager of the company. Between Nov. 2, 2011 and Nov. 15, 2011 it became apparent to Miller that the books and records of the company were not complete or were missing. Additionally Miller noticed that other necessary documents and company records were not kept at the office of the company as required by state law and the operating agreement.
When Miller noticed that the books were missing he requested that the books and records be returned by Wilcoxson.
On March 26 Robert L. Nicholson, the attorney for Wilcoxson, filed an answer to Miller’s complaint. Within the answer, Nicholson says that Wilcoxson admits that he was asked to produce the documents and denies that he has failed to produce them.
Multiple phone calls to Jackie Bennett, at Taft, Stettinius and Hollister – the Indianapolis law firm representing Miller – were not returned by press time.[[In-content Ad]]
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