San Antonio Express-News (Sunday)

Big bucks in detainee business

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Property managers, not prison operators

CoreCivic and The GEO Group maintain that their businesses have expanded beyond operating and managing private correction­al facilities and into holding real estate assets.

The Internal Revenue Service agreed in 2013 when it allowed both companies to reorganize as “real estate investment trusts” — companies that own and often operate real estate holdings such as apartments, retail, health care facilities and hotels.

Congress created REITs in 1960, allowing investors to access portfolios with diversifie­d real estate assets previously available only to the wealthiest of investors, said Ron Kuykendall, spokesman for Nareit, a national associatio­n representi­ng REITs.

“The idea was to give all investors, investors like you and me, the ability to own commercial real estate,” Kuykendall said.

By restructur­ing as REITs, CoreCivic and The GEO Group slashed their corporate tax burden and boosted payouts to shareholde­rs, according to filings with the U.S. Securities and Exchange Commission.

The companies continue to operate their facilities through taxable subsidiari­es.

“It’s a tax loophole that allows them to say that their primary business is owning buildings, their primary business isn’t operating prisons,” said Bob Libal, executive director of Austin-based advocacy group Grassroots Leadership. “Clearly their core function is operating prisons, not owning real estate.”

Both companies have a major footprint in Texas. According to its website, CoreCivic runs two immigratio­n processing centers and two residentia­l centers that operate under contracts with U.S. Immigratio­n and Customs Enforcemen­t. (In June, Williamson County commission­ers voted to sever their contracts with CoreCivic and ICE for the T. Don Hutto Residentia­l Center in Taylor, about 40 minutes northeast of Austin.)

The GEO Group runs two processing centers in Texas, two detention centers and a residentia­l center — and is under contract with ICE to open a 1,000-bed processing center in Conroe in late 2018, its website says.

It’s a good deal for investors. Federal law mandates that companies classified as REITs distribute at least 90 percent of their taxable income to shareholde­rs. To that end, stockholde­rs in CoreCivic and The GEO Group have reaped $2.8 billion in dividend payments since

2013, according to an ExpressNew­s analysis of SEC filings.

And those benefits will likely grow under the new tax law signed in December. Lawmakers cut the 39.6 percent tax rate on investment­s in REITs to 29.6 percent.

The REIT designatio­n also substantia­lly cut the companies’ tax bills. In 2012, CoreCivic’s effective tax rate sat at 35.8 percent, according to a federal regulatory filing. That rate plunged to 6.2 percent in 2013 after the IRS ruling. The GEO Group’s effective tax rate fell from 40.4 percent in 2012 to 30.6 percent in 2013 after it became a REIT, a separate filing shows.

Real estate is an “essential core” of CoreCivic’s business, with land and buildings making up about 90 percent of the company’s fixed assets, company spokeswoma­n Amanda Gilchrist said in an email. According to a May earnings filing, the company owns $2.8 billion in property and equipment.

CoreCivic has expanded its portfolio beyond correction­al and detention facilities into other kinds of government­leased assets, Gilchrist said.

“Our goal for converting to a REIT was to increase shareholde­r value and enable our company to provide high-quality services even more competitiv­ely,” Gilchrist said.

The GEO Group holds $2.1 billion in land and buildings across the U.S., according to an April earnings filing.

The company’s reorganiza­tion as a REIT “reflects the significan­t capital our company has invested in real estate assets, which provide the foundation for the high-quality services delivered throughout our facilities,” GEO Group spokesman Pablo Paez said in a statement.

Properties retooled

Detention centers and immigrant shelters are often just the latest use of an existing building.

Southwest Key Programs’ Casa Blanca shelter north of

San Antonio operates out of a mansion in the Timberwood Park subdivisio­n where David Spencer, CEO of Boerne’s Prytime Medical Devices Inc., once lived with his family. (An entity with Spencer as its registered agent signed a lease with Southwest Key in 2010).

Southwest Key leases a former Walmart Supercente­r in Brownsvill­e in which it runs its Casa Padre shelter for undocument­ed immigrants who are minors, its largest facility.

“If you find a property that has no use or you’re having a very difficult time finding a use and a use pops up like that, you’ve taken a nonproduct­ive asset making no income into a productive asset making an income,” said Brown of Rohde, Ottmers & Siegel Realty Services.

Owners of big-box stores are increasing­ly on the hook to find new tenants for giant shell buildings as major retailers shutter stores in the Amazon era. Retailers announced plans last year to close nearly 7,000 stores, according to retail think tank FGRT.

“There are certainly lots of stores that are getting repurposed, that are going to have to be repurposed,” retail analyst Jan Kniffen said. “I don’t think many of them are going to wind up as detention centers, one would hope.”

The former Walmart in Brownsvill­e was no longer profitable when the Arkansasba­sed retail giant closed 154 U.S. stores as part of a restructur­ing effort, company spokesman Randy Hargrove said.

“If the location is closing, it’s just part of actively managing our portfolio of assets,” Hargrove said. “That’s essential to maintainin­g a healthy business.”

According to a special warranty deed, Walmart placed restrictio­ns on the property forbidding the space from being used as a grocery store, supermarke­t, wholesale club similar to a Sam’s Club, discount store, pharmacy, adult book or adult video store, bar or nightclub, among other uses.

In several tweets, Walmart has said it was “really disturbed by how our former store is being used … we had no idea it’d be used for this.”

But a Walmart executive signed the deed showing that Chacbak, a limited liability corporatio­n owned by Brownsvill­e developers Rafael Chacon and Mohamed Ryad Bakalem, was purchasing the property with a $4.5 million loan from Southwest Key, according to Cameron County records.

Representa­tives for Chacbak did not tell a real estate broker for Walmart that they intended to lease the building to Southwest Key or that the center would become a detention facility, Hargrove said.

It’s common for Walmart to vet potential buyers but not lenders, Hargrove said, citing common practice in commercial real estate transactio­ns. A sale agreement reached between the two parties in September 2016 did not mention Southwest Key, he said.

“No one at the company foresaw that that former building was going to be used for what it is,” Hargrove said.

The owners

Limited partnershi­ps and limited liability corporatio­ns can obscure who owns the properties where immigrant detention facilities operate, and most owners are loath to talk publicly.

South Texas Family Residentia­l Center in Dilley was developed for oil field worker housing by San Antonio commercial real estate company Koontz McCombs.

It’s unclear from land records whether San Antonio billionair­e B.J. “Red” McCombs still is affiliated with the property after he sold his stake in Koontz McCombs, now called Koontz Corp., in 2014.

Representa­tives for Koontz Corp. and McCombs Enterprise­s did not return multiple phone and email requests for comment.

Chacon and Bakalem, the Brownsvill­e developers who own the land where Casa Padre operates, are listed on state filings for entities that own land on which three other Southwest Key facilities operate: Nueva Esperanza in Brownsvill­e along with Casa Antigua and Casa

Rio Grande in San Benito. Altogether, the pair have property valued at $12.5 million where Southwest Key maintains its facilities.

Calls to numbers listed for Chacon and Bakalem were not returned.

A group of limited partnershi­ps and limited liability corporatio­ns based in Arizona and Utah own the Montezuma Key limited liability corporatio­n, which bought the $2.6 million property where Southwest Key operates its Casa Montezuma shelter in Channelvie­w, near Houston, in 2016.

At least one landowner has internatio­nal ties. Petrosin Properties — an affiliate of Singapore-based energy firm Petrosin — holds the $2.7 million plot where Southwest Key’s Casa Houston facility sits. The company did not respond to an email requesting comment. William Rohrbach, a Houston lawyer listed as Petrosin Properties’ registered agent on state filings, did not return a message sent through his law firm’s website.

Bob Weathers — founder and CEO of Mesa, Ariz.-based Edupoint Educationa­l Systems — is an owner and partner in Talbot Key Holdings, an entity that owns the $2.1 million lot in Canutillo, near El Paso, where Southwest Key operates a facility.

Weathers and his partners were “very interested in taking care of children that came in from South America” and other parts of the globe without their families when they bought the property in 2004, Weathers said.

“I do think that they (Southwest Key) do a terrific job there,” he said.

When asked how much he earns annually from leasing the land, Weathers said: “I don’t know.”

 ?? Bloomberg file photo ?? Security guards monitor the perimeter of the Southwest Key Casa Padre facility in Brownsvill­e. Walmart has said it didn’t know when it sold the property in 2016 that its former store would be used to house undocument­ed immigrants who are minors, though...
Bloomberg file photo Security guards monitor the perimeter of the Southwest Key Casa Padre facility in Brownsvill­e. Walmart has said it didn’t know when it sold the property in 2016 that its former store would be used to house undocument­ed immigrants who are minors, though...
 ?? Ted S. Warren / Associated Press ?? The GEO Group, a private prison contractor, cut its tax burden and rewarded shareholde­rs after the IRS allowed the company to restructur­e as a “real estate investment trust” in 2013.
Ted S. Warren / Associated Press The GEO Group, a private prison contractor, cut its tax burden and rewarded shareholde­rs after the IRS allowed the company to restructur­e as a “real estate investment trust” in 2013.

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