The Original Mean CEO?

By J.A. Savage, AlterNet. Posted August 8, 2002.

Long before Ken Lay was squandering his employees' 401(k) plans, Charles Hurwitz was pioneering the pension fund raid of about $55 million, money that had been set aside for lumber workers in the economically challenged rural north coast of California. Before WorldCom’s Bernie Ebbers allegedly mismanaged the $100 billion company into bankruptcy, Charles Hurwitz was at the helm during the $1.6 billion collapse of a savings & loans. Prior to Aldephia’s John Rigas ever dreaming he would be led away in chains, Charles Hurwitz’ company was investigated for its responsibility for the death of logging protester David Chain. Lagging, however, was Hurwitz dismissal of corporate accountant Arthur Anderson -- he waited until four months after the Enron scandal to let the firm go.

If there were a role model in business school for sheer corporate meanness, Charles Hurwitz as chair and chief executive officer of Maxxam, would be featured prominently -- according to tenacious Hurwitz watchers. Hurwitz is proof that while Lay, Ebbers and Rigas may all be guilty, they're not original.

Maxxam spokesperson Josh Reiss, after verbally attacking this journalist for even considering a comparison of Hurwitz’ legacy and ongoing operation to the spate of current high-profile corporate miscreants protested, "To say that you’re lumping of Mr. Hurwitz [in with the others] is bizarre, absurd."

Hurwitz, has developed a loyal (or disloyal, depending on how you look at it) following of critics in the last 15 years. The core of inquisitive souls after Hurwitz centers in Humboldt County, California. Most of the nation knows Humboldt County as the font of all things hemp. But its rugged forest land and the ripe climate for trees to turn to lumber has been its more traditional economic base. Hurwitz moved into the rural area with a swagger and arrogance that Ken Lay and his minions barely touch, according to the Hurwitz watcher network. Unlike the other CEOs in the news for various transgressions, Hurwitz is still getting away with it.

In 1985, the sleepy, well-fed, well-manicured, company town of Scotia, California, got a rude awakening. Its bread-and-butter, the Pacific Lumber Company was taken over by Maxxam. It was a classic "greed is good," 1980s’ event. The little logging company had a lot of land on which grew giant redwoods. The little logging company had been harvesting redwoods in a manner that allowed re-growth on a long-term basis. In other words, there were still giant redwoods as far as the eye could see. What Hurwitz apparently saw were chainsaws turning those trees into lumber for cash to pay off the high-demand junk bonds used in the little logging company’s takeover. The company doubled its rate of logging, according to the Environmental protection Information Center, a local watchdog group. A company document listed the 1997 tree cut rate as 253 million board feet. That’s a lot.

By threatening to cut down some of the vestiges of the ancient forest, Maxxam was able to cut a deal with taxpayers to buy out some of its property to avoid logging. The Headwaters forest, about 3,800 acres, cost taxpayers in the vicinity of $400 million in debt-for-nature swap. Also part of the deal is a Habitat Conservation Plan. According to Maxxam, the March 1999 debt-for-nature swap agreed to include managing its forest on 100-year sustainable level. However, in recent documents to shareholders, Maxxam complains about that 100-year sustainability clause for causing the company’s fortunes to decline.

Neighbors have complained and filed lawsuits over the effects of increased logging. It’s not just the barren hillsides that once hosted lush forests and wildlife, including the spotted owl, but the increased flooding that have severely impacted some of the local community.

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