Block 37
Block 37 located at 108 N. State St. in Chicago seen here on Tuesday, October 20, 2009. (José M. Osorio / Chicago Tribune / October 20, 2009)
 
Real estate developer Larry Freed fell on hard times in 2009 during the worst recession in decades, as he was trying to develop the high-profile Block 37 shopping mall in the Loop.

The project's lead lender sued to foreclose on the mall, saying Freed's real estate firm had defaulted on a $205 million construction loan. Freed eventually lost control of shopping center and it was later sold.

While he was fighting with the lender in court, his real estate firm's financial struggles led Freed and a business associate to lie to banks and the City of Chicago to obtain funding, according to federal criminal charges announced Thursday by the U.S. attorney's office in Chicago.

Freed's firm, Joseph Freed and Associates, which was founded by his father in 1965, was not charged in the indictment.

In a statement Freed, 51, said he was deeply disappointed with the charges and will respond "appropriately" to them.

"And, in this difficult economic climate, we are working hard toward resolving remaining financial issues with our lenders," Freed said. "We remain committed to doing good work in our city, to resolving our financial issues and to supporting our many loyal employees."

Freed was indicted on seven counts of bank fraud, one count of mail fraud and five counts of making false statements to banks. Caroline Walters, 53, a vice president and treasurer of Joseph Freed and Associates, faces the same charges. The indictment also seek the forfeiture of $2.9 million from both defendants.

Both will be arraigned at a later date. Messages to Walters' attorney were not returned.

Although the Block 37 project is not directly involved in the alleged scheme, the timing of the alleged misconduct coincides with Freed's financial distress with the shopping mall.

The fraud charges reflect the complicated mix of public and private financing that developers often rely on get projects off the ground in Chicago. It's not uncommon for developers to have disputes with their lenders, but in this case Freed's issues with Bank of America have taken an unexpected turn. The bank, which was the lead lender in the Block 37 mall, declined comment on the charges.

Long before Block 37, Freed's firm proposed redeveloping the former Goldblatt's department store complex in the Uptown neighborthood on Chicago's Northside. In 2002, the city agreed to provide $6.7 million in tax increment financing for the project.

With the TIF deal in hand, Joseph Freed and Associates received a $15 million loan from Cole Taylor bank, according to court documents.

Five years later, Freed pledged the same TIF agreement funds as part of the collateral for a $150 million line of credit from bank consortium led by Bank of America, which had acquired LaSalle Bank.

Freed and Walters concealed the prior pledge of the Goldblatt's TIF note to Cole Taylor from the bank consortium, the indictment alleged. In addition, between December 2008 and July 2009, Freed and Walters on four separate occasions lied to the bank group about the collateral.

They also made false statements to the banks about the property taxes owed on two shopping centers that were also used as collateral to obtain the credit line, court documents said.

Starting in December 2008, Freed also made false statements to the city to obtain nearly $1.75 million in TIF payments, knowing that the bank consortium and Cole Taylor were entitled to those funds, the indictment said.

A spokesman for Chicago's Law Department declined comment.