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Friday, August 20, 2004

FBI confirms Freedom owner is under probe


Liens against stadium at $4M

By Jennifer Edwards and Brenna R. Kelly
Enquirer staff writers

FLORENCE - Federal authorities publicly acknowledged Thursday they are investigating a part owner of the Florence Freedom minor league team and how he financed the team's $7 million to $8 million stadium.

The Cincinnati office of the FBI and the U.S. Attorney's Office of Southern Ohio are conducting a white-collar criminal investigation into Chuck Hildebrant, 45, of Morrow, said FBI spokesman Special Agent Michael Brooks.

"We can confirm there is a federal investigation into Mr. Hildebrant and transactions occurring in regards to the Florence Freedom stadium and that's about all we can provide right now," he said.

Brooks declined to say when the investigation began, what sparked it or if other individuals or companies are also under investigation.

Hildebrant is a 20 percent owner of the group that owns and operates the baseball team. The group agreed to pay for and build a stadium on land leased from the city of Florence. But work on the stadium was halted in July after contractors said they were not paid. As of Thursday, 21 contractors have filed 23 liens totaling $4 million - about half the cost of the stadium.

The confirmation Thursday of the investigation is the latest in a line of woes for Hildebrant, who has been ordered by courts in Hamilton and Warren counties to immediately repay a total of almost $4.5 million in loans to Provident and Fifth Thirdbanks.

Hildebrant's lawyer, Jack Rubenstein, said Thursday they are working with Provident Bank and declined to comment on the Fifth Third allegations.

"I can tell you we are working to resolve all matters," Rubenstein said.

Florence Mayor Diane Whalen declined comment Thursday on the investigation, saying she hadn't been notified. Whalen has insisted that Florence residents will not be left to pay for the stadium.

Dennis Buckley, attorney for the baseball ownership group Northern Kentucky Professional Baseball LLC, also declined comment Thursday.

Contractors who filed liens said they now fear the federal investigation will further delay payments.

Don Wagner, president of Tru Wall Concrete Inc. of Evendale, said he planned to meet with his lawyers to explore his legal options.

"I would be surprised if we get money within a year, if any," Wagner said.

His company performed the concrete work at the stadium and filed a $528,910.90 lien on July 27.

"This is putting everybody into a cash crunch, no doubt," he said.

In separate lawsuits, Provident and Fifth Third sued last week for money they say Hildebrant owes from recent loans, including one issued May 5 for $2.75 million to "build baseball stadium."

On Monday, Fifth Third's attorney, Alan Statman, filed court records in Kenton County Circuit Court alleging forgery was involved in a loan Hildebrant applied for and received in July. It involved a letter of intent Hildebrant submitted to secure a loan for nearly $1 million that purported to have the signature of the superintendent of the Little Miami School District, according to Statman.

A Warren County judge has authorized the sheriff to go into Hildebrant's Morrow home and seize his possessions. Action is pending, sheriff's spokesman Capt. John Newsom said Thursday.

This week, a Kenton County Circuit judge ordered Heritage Bank to freeze all accounts held by Hildebrant and his companies: Turnkey Telecom Ohio, Cincinnati Helicopters and My 2 Sons. The order is in effect until a Sept. 8 hearing.

E-mail jedwards@enquirer.com. bkelly@enquirer.com




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