Douglas Wilson Companies Spring 2018 Newsletter
Douglas Wilson Companies Spring 2018 Newsletter
Douglas Wilson Companies Spring 2018 Newsletter
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NEWSLETTER<br />
SPRING <strong>2018</strong><br />
SPECIALIZED<br />
SERVICES<br />
Court - Appointed Fiduciary<br />
Development Services<br />
IN REAL ESTATE-<br />
RICH CALIFORNIA,<br />
WEALTH TRANSFER<br />
ISSUES LOOM<br />
HOW DO YOU TRANSITION<br />
YOUR ASSETS?<br />
Land Entitlements<br />
Asset/Property Management<br />
Assignment for Benefit of<br />
Creditors<br />
Resort/Hotel Management<br />
Receiverships<br />
Trustee<br />
Brokerage & Disposition<br />
Referee<br />
Forensic Accounting<br />
Due Diligence<br />
Chief Restructuring Officer<br />
Special Master<br />
Liquidating Trustee<br />
Bankruptcy Examiner<br />
Expert Testimony<br />
Trillions in real estate legacy wealth, are now<br />
in play, as the baby boom population ages<br />
out of its “wealth accumulation” phase into<br />
its “wealth transition“ process.<br />
DWC is now assisting some of California’s<br />
most prominent families to proactively<br />
anticipate and resolve business issues<br />
specific to their real estate wealth. Acting as<br />
a real estate resource, DWC is very careful<br />
not to displace the family’s legal or other<br />
fiduciary/financial advisors.<br />
Having served as a court-appointed fiduciary<br />
for decades, the DWC team is highly sensitive<br />
to loyalty and confidentiality issues that are<br />
unique to legacy clientele. Understanding<br />
that the illiquidity of real estate wealth<br />
creates distinct issues, we also recognize the<br />
inclination to maintain it in the same species<br />
of legacy asset.<br />
Based on our deep real estate experience,<br />
in all cycles, we have identified two distinct<br />
philosophies in preserving and enhancing a<br />
legacy portfolio:<br />
THE “AS IS” APPROACH<br />
The focus is purely on cash flow<br />
preservation with limited redirection or<br />
application of new capital or reconfiguration<br />
of the asset base. This philosophy<br />
implements an ongoing attempt to keep<br />
operational costs low, avoiding tenant<br />
turnover, and suppressing property<br />
tax reassessment by minimal capital<br />
improvement to the property. Typically these<br />
portfolios consist of B and C classes where<br />
this is acceptable.<br />
THE VALUE ADD / ENTREPRENEURIAL<br />
APPROACH<br />
To improve portfolio value through a<br />
combination of new capital investment<br />
and active repositioning through a mix of<br />
re-tenanting, re-entitling, refinancing or<br />
reallocation of assets. Typically, these legacy<br />
portfolios consist of more varied assets<br />
including but not limited to class A buildings<br />
and properties in the path of redevelopment.<br />
Each portfolio is unique to its own attributes<br />
and characteristics and to the philosophy<br />
of the family. DWC is careful to collaborate<br />
with stakeholders and their advisors to<br />
appropriately create options and to ultimately<br />
transition real estate assets to the acquiring<br />
generation.<br />
For inquiries on confidential matters<br />
involving asset transition, please contact<br />
John L. Morrell at (619) 906-4330 or<br />
jmorrell@douglaswilson.com.<br />
Highest and Best Use Analysis<br />
DOUGLASWILSON.COM<br />
IN THIS<br />
ISSUE:<br />
ADVISORY SERVICES EXPANSION<br />
With DWC’s long heritage working on complex real<br />
estate matters on a national basis, the current<br />
focus to expand our advisory services platform is<br />
a natural evolution for the firm.<br />
WHITE COLLAR CRIME<br />
Scams and frauds tend to flourish during good<br />
times. Returns flow in nicely, camouflaged by<br />
overall economic prosperity, soaring markets<br />
and record real estate values.<br />
Problem Resolution & Fiduciary Services | Legacy Asset Management | Real Estate Advisory | Real Estate Development | Senior Living | Brokerage
WHITE-COLLAR CRIME THRIVES ON A FROTHY ECONOMY<br />
Problem Resolution & Fiduciary Services<br />
Scams & frauds tend to flourish<br />
during good times. Returns<br />
flow in nicely, camouflaged by<br />
overall economic prosperity,<br />
soaring markets & record real<br />
estate values. Red flags may go<br />
unnoticed until it’s too late.<br />
Since 1990, DWC has<br />
untangled a number of frauds<br />
and Ponzi schemes in its<br />
White Collar Crime<br />
Prosecutions<br />
11,500<br />
8,625<br />
5,750<br />
2,875<br />
role as a court-appointed<br />
Receiver. These crimes don’t<br />
just hurt individuals, families<br />
and businesses, but cause<br />
great harm to the wealth and<br />
resources of the nation.<br />
As today’s frothy economy<br />
starts to inevitably abate, DWC<br />
is gearing up for an uptick in the<br />
discovery of white-collar crime.<br />
0 -1<br />
1990 1995 2000 2005 2010 2015<br />
*Shaded areas indicate recession<br />
3%<br />
2<br />
1<br />
0<br />
Leading Index for the U.S.<br />
Large-scale financial fraud<br />
in health care is of particular<br />
concern, with Medicare and<br />
Medicaid malfeasance in<br />
the crosshairs of federal<br />
prosecutors. Likewise, we see<br />
criminal justice resources<br />
focusing on opioid fraud and<br />
abuse detection.<br />
Also emerging as a threat to<br />
the integrity of the country’s<br />
financial system is the illegal<br />
manipulation of securities<br />
markets. Some of the most<br />
damaging cases involve a<br />
scheme called “spoofing”: the<br />
illegal practice of placing an<br />
order for a futures contract<br />
that the trader does not intend<br />
to execute.<br />
RECENTLY, THE DEPT.<br />
OF JUSTICE CHARGED<br />
EIGHT INDIVIDUAL FOR<br />
MANIPULATING FUTURES<br />
MARKETS AND BROUGHT THE<br />
LARGEST FUTURES MARKET<br />
CRIMINAL ENFORCEMENT<br />
ACTION IN HISTORY.<br />
Earlier this year in San Diego,<br />
Deputy Attorney General Rod<br />
Rosenstein addressed the<br />
American Bar Association’s<br />
National Institute on White<br />
Collar Crime who spoke on<br />
such issues. DWC was honored<br />
to attend as newly inducted<br />
members of the National<br />
Association of Federal Equity<br />
Receivers (NAFER).<br />
CONNECTING<br />
DWC Team on the Move<br />
FOCUS ON EXPANDING OUR ADVISORY SERVICES PLATFORM<br />
Real Estate Advisory Services<br />
DWC CEO <strong>Douglas</strong> P. <strong>Wilson</strong><br />
and President John L. Morrell<br />
have been formally inducted<br />
into the National Association<br />
of Federal Equity Receivers<br />
(NAFER), an elite organization<br />
for receivers and legal counsel<br />
dealing with remedies for<br />
white-collar crime that are<br />
subject to federal jurisdiction.<br />
DWC Chief Operating Officer<br />
Nicholas <strong>Wilson</strong> has been<br />
appointed as a director of the<br />
California Receivers Forum,<br />
Los Angeles/Orange County<br />
chapter.<br />
DWC Senior Managing Director<br />
Michele Vives was showcased<br />
as one of the Most Influential<br />
Female Professionals in<br />
San Diego County by The<br />
Daily Transcript, San Diego’s<br />
weekday newspaper focused<br />
on business and real estate<br />
news since 1882.<br />
With DWC’s long heritage<br />
working on complex real<br />
estate matters on a national<br />
basis, the current focus to<br />
expand our advisory services<br />
platform is a natural evolution<br />
for the firm. Our clients have<br />
varied over the years and<br />
have included family offices,<br />
REITs, private foundations,<br />
banks, special servicers and<br />
private equity firms. Upon<br />
historic review, we have found<br />
that the following three areas<br />
are at the center of most<br />
assignments.<br />
ENTITLEMENTS<br />
The ability to navigate<br />
the increasingly complex<br />
process of securing and/or<br />
preserving entitlements is the<br />
foundation of any real estate<br />
project. Great value is created<br />
(especially in California) when<br />
entitlements are approved<br />
which is typically a long<br />
process that combines the<br />
ability to manage a process<br />
that often involves a dozen<br />
different city, county and<br />
federal agencies. Additionally,<br />
local planning groups are<br />
often a key part of the<br />
process as their support<br />
helps on all levels from<br />
staff support to political<br />
endorsement.<br />
MANY LOOK TO DWC AND OUR<br />
INDUSTRY LEADING TEAM OF<br />
EXPERTS TO PROVIDE VALUE<br />
TO THEIR PROJECTS.<br />
ENVIRONMENTAL<br />
There are few projects that<br />
do not have some form of<br />
environmental issue. This<br />
is particularly relevant on<br />
urban properties that are in<br />
the path of new development.<br />
Our extensive experience<br />
with coordinating the proper<br />
professionals to evaluate<br />
an environmental situation<br />
and devise and monitor the<br />
appropriate remediation plan<br />
continues to be an active part<br />
of our advisory services.<br />
NAVIGATING AGENCIES<br />
An active part of the majority<br />
of our assignments has been<br />
the ability to coordinate the<br />
variety of governmental<br />
agencies that are often<br />
involved in our assignments.<br />
Understanding how to deal<br />
with the various agencies<br />
requires the ability to respect<br />
their process but to remain<br />
focused on achieving the<br />
desired end result.<br />
For additional information<br />
on DWC’s Advisory Services,<br />
please contact <strong>Douglas</strong> <strong>Wilson</strong><br />
at (619) 641-1141 or<br />
dwilson@douglaswilson.com.<br />
SPRING <strong>2018</strong> | DOUGLAS WILSON COMPANIES
REAL ESTATE TRANSACTIONS<br />
Brokerage<br />
DWC’s brokerage team remains focused on brokering unique assets for public and private<br />
entities. Three recent transactions illustrate the team’s capabilities in sell/leaseback, taxdeferred,<br />
multi-market property exchanges.<br />
For additional information, contact Alan Scott at (619) 906-4356 or ascott@douglaswilson.com<br />
Sell/Leaseback Industrial Complex<br />
San Diego, California<br />
Recently SOLD! DWC brokerage<br />
worked with one of San Diego’s<br />
premier arts organizations to handle<br />
a sell-leaseback on a 37,316-square<br />
foot building, ripe with redevelopment<br />
potential.<br />
Pitney Bowes Presort Services Building<br />
Omaha, Nebraska<br />
Utilizing its expertise in tax-deferred,<br />
multi-market property exchanges, DWC<br />
is working with a long-term client to<br />
market and exchange a 92,992-square<br />
foot complex.<br />
Premier Commercial Nursery Property<br />
San Marcos, California<br />
Recently SOLD! A turnkey state-of-theart<br />
125,000-square foot greenhouse<br />
operation on four acres within San<br />
Diego County.<br />
AAA Net Leased Facility<br />
San Francisco Bay Area, California<br />
DWC is currently marketing<br />
this single-tenant, NNN leased<br />
investment, with potential for future<br />
medical or retail uses.<br />
Las Vegas<br />
330 E Warm <strong>Spring</strong>s Road<br />
Suite B43<br />
Las Vegas, NV 89119<br />
Phoenix<br />
502 South College Avenue<br />
Suite 300<br />
Tempe, AZ 85281<br />
San Diego<br />
1620 Fifth Avenue<br />
Suite 400<br />
San Diego, CA 92101<br />
San Francisco<br />
50 California Street<br />
Suite 1500<br />
San Francisco, CA 94111<br />
SIENNA AT OTAY RANCH - AN UPMARKET SENIOR<br />
HOUSING COMMUNITY<br />
Senior Living<br />
Washington, D.C.<br />
1200 G Street NW<br />
Suite 800<br />
Washington, DC 20005<br />
For the past few years, DWC has been creating new business platforms to respond to<br />
opportunities created by the aging population: America’s “silver tsunami.”<br />
In addition to its Legacy Asset Management division, DWC has introduced a new series<br />
of upmarket senior housing in partnership with a best-in-class operator, Milestone<br />
Retirement Communities, LLC.<br />
This fall, the first of these long-term hold assets - Sienna at Otay Ranch - will open on a vibrant<br />
infill site in Otay Ranch in the city of Chula Vista. Sienna will offer 111 units of contemporary<br />
living, including 85 apartments for assisted living and 26 units for memory care.<br />
Sienna is now accepting reservations and you can find out more at<br />
otayranchseniors.com<br />
For more information on senior living please contact Michele Vives at<br />
(619) 906-4376 or mvives@douglaswilson.com.<br />
For More Information Contact:<br />
John L. Morrell<br />
jmorrell@douglaswilson.com<br />
(619) 906 - 4330
San Diego • Las Vegas • Phoenix • San Francisco • Washington, D.C.<br />
SPRING<br />
<strong>2018</strong><br />
A MESSAGE<br />
FROM OUR<br />
CHAIRMAN<br />
& CEO<br />
As we enter the second quarter, our focus continues<br />
to be on opportunities and challenges presented by the<br />
aging population. We are busy meeting with families<br />
(and businesses) now grappling with the imminent<br />
transition of legacy assets, much of it acquired through<br />
real estate investments.<br />
Our experience as a fiduciary makes us an ideal partner<br />
for high net-worth individuals who require absolute<br />
confidentiality. It’s fascinating to take a deep dive into<br />
venerable real estate portfolios that will soon be in the<br />
hands of adult children who may or may not know how<br />
to preserve and maintain these holdings.<br />
In this capacity, we are honored to join existing<br />
teams of trusted advisors in the legal, accounting<br />
and trust professions.<br />
By the end of the year, we will open the doors to the<br />
first in a series of senior housing communities<br />
throughout the Western region. We’re smart enough<br />
to know what we don’t know, so we have an excellent<br />
partner in Milestone Retirement Communities, LLC,<br />
who will handle management and operations.<br />
We thank you for your ongoing relationship with<br />
<strong>Douglas</strong> <strong>Wilson</strong> <strong>Companies</strong> and wish you a<br />
prosperous year ahead.<br />
Sincerely,<br />
<strong>Douglas</strong> P. <strong>Wilson</strong><br />
FIND OUT MORE AT<br />
DOUGLASWILSON.COM<br />
PROBLEM RESOLUTION & FIDUCIARY SERVICES | LEGACY ASSET MANAGEMENT<br />
REAL ESTATE ADVISORY | REAL ESTATE DEVELOPMENT | SENIOR LIVING | BROKERAGE<br />
1620 Fifth Avenue, Suite 400<br />
San Diego, California 92101<br />
DOUGLASWILSON.COM<br />
(619) 641- 1141