French company seeks to prohibit Miami area developer

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Last year, the Cohens proposed a 93-story skyscraper in downtow n Miami, at 330 Biscayne Blvd. They soughg land use approvals and hired an architect. The Cohend are appealing a default judgmenr in August in over financial fraud allegations related to a Manhattanhotel redevelopment. The New York lawsuit allegesw Leon Cohen, of Fisher Island, defrauded a French lendefr ina multimillion-dollar Now, the French corporatwe successor to that lender, , is trying to collect the money it has claimed, and has asked for a temporary injunction barrinf sale of the Cohens’ properties in Florida.
CDR Creancexs is represented locallyby Miami-based law firm and in New York by Douglas Kellner of Kellner Herlihy Getty. “We’re prepared to prover they stole $20 million out of the and another $30 millionm when they sold it,” Kenny Nachwalterf attorney Marcos Jimenez told Miami Dade Circuitt Judge Sarah Zabel ina Nov. 12 hearing in the judge’zs chambers. “At the same time, they were acquiriny the Florida properties. We believe we can show directy correlation.” According to CDR Creances’ Miami-Dade complaint, the Cohenw “engaged in a long-term, ongoing conspiracyy to defraud CDR” of $92.
5 million lent to a Cohen-controlled company in 1991 to financed the acquisition of the Flatotel in NewYork City. The complaintg refers to “a labyrinthine web of affiliatedd shell companies locatedin Florida, New Delaware, Lichtenstein, the British Virgin Islands, Panama, Quebe c and France to conceal their actions.” The Frencnh corporation claims the Cohens sold the Flatotelo to a Bahamian company controlled by hoteliert Simon Elias in 2000 without disclosing the transaction to CDR or makingy any payment on the loan.
According to a pressd release from Kellner’s office, CDR has fileds notices of lis pendenz for six Florida properties it believes are controllecd by the Cohens or by entities controlled by 429Lenox Ave., Miami Beach; 7213 Fishetr Island Drive, Fisher Island; 5930 N. Bay Road, Miamik Beach; 330 Biscayne Blvd., Miami; 268 Park Drive, Bal and 1475 Collins Miami Beach. The complaint says Maurice Cohen live inMiami Beach. During the Nov.
12 the Cohens’ attorney, William Petros of New sought to dissolve the lispendens notices, whicjh are formal notifications that warn prospective purchasers of the Cohens’ properties that litigation is Zabel asked for written proposed orders from both and said she would rule in 10 to 14 Petros argued that CDR Creances’ efforts to chase money from New York to Florida are an “argument for another because the Cohens are appealing the New York judgment.
“They [CDR allege the money has transferred, that the companies were createdf to move money fromNew York,” Petros “But, the case law in Florida is That argument simply does not Petros told Zabel the Cohens have a potentia buyer for some of their properties. A news release from Kellner said the Floridq real estate assets owned by the developerws and related parties could be usedto satisfy, in a $266 million judgment entered in August by the New York court. New York Supreme Court Justice Walter Tolub wrote the decision against the Cohenas and other defendantson Aug. 13 in connectiomn with alleged civil fraud atthe Flatotel.
His rulinvg said the “defendants’ long-standing patterns of lateness and abject failure to comply with courft orders amounts towillfulp conduct, which not only warrants, but necessitates awarrd of default judgment.” Leon Cohen and his company, , receivedr initial approval from a Miamki panel in January for the Empirer World Towers project, which would have 1,557 residential At the time, real estate analysts questionesd the feasibility of the projecg because of hurricane codes, height restrictions, the ongoingb credit market crunch and the downturm in real estate markets.