Both tenant and landlord
Shareholders have filed suit against ESL for another way they say Lampert benefits from both sides of Sears' dealings.
It starts with a real-estate investment trust called Seritage Growth Properties, which Lampert created in 2015. Even though ESL and Seritage are separate entities, Lampert and his hedge fund own a little more than 43% of Seritage. They also own a little more than 54% of Sears Holdings.
After creating Seritage, Lampert orchestrated a big real-estate deal. Sears sold 235 stores to Seritage in 2015. Sears raised $2.7 billion from the sale and rented back the store space from Seritage.
In many of these locations, Seritage has the right to take over all or half of the square footage and then rent the empty space to other retailers at sometimes four times the rent.
"Seritage is transforming retail rents from $4 per square foot to $20-plus," Sears director Bruce Berkowitz said in November on a conference call for his investment fund, which also owns a stake in the REIT. "Seritage clearly proves the point about the value of the real estate remaining at Sears."
It has already happened in six stores and seven Sears auto centers, according to Securities and Exchange Commission filings. Seritage has converted half the square footage in nine other stores.