By On the occasion of our 20th anniversary
By Gustavo Arellano
By R. Scott Moxley
By Alfonso Delgado
By Courtney Hamilton
By Joel Beers
By Peter Maguire
By Charles Lam
President George Bush says he's outraged at the scams that have sent big-name companies crashing, and he's not going to take it anymore. Feeding the polls, Bush tells the nation he wants new laws to bring criminal charges against dirty-dealing CEOs.
But new laws aren't necessary. If Bush really wanted to address the situation, all he'd have to do is pick up the phone and call his own Department of Justice or the Securities and Exchange Commission (SEC). Either agency could launch an investigation of any CEO for fraud, conspiracy, theft, obstruction of justice, or perjury.
Bush refused to do that in the Enron case, even though his administration knew about the scandal months before the company went public with its bankruptcy. And he hasn't done it with any of the subsequent double-dealings.
Perhaps Bush's inaction stems from his own history of stumbling in the corporate back alleys. Last week, the media revived a case from the early '90s where it looks like Bush was involved in insider trading with the stock of an oil company of which he was an official. The ensuing investigation, handled by an SEC headed by a Bush appointee and whose general counsel was Bush the younger's own former attorney, was dropped.
Though Bush has shown he can play the game, too, he's not quite ready for the majors. Consider this chronology, put together largely from research done by the Center for Public Integrity in Washington for its book The Buying of the President 2000.
•1979-83: 50 Bush family investors and friends, led by Uncle Jonathan, a New York Republican Party official and an investment manager, fork over $4.7 million to set up young Bush in a company called Arbusto. It's a flop, and in 1982, it gets a new name: Bush Exploration.
•1984: Spectrum 7 Corporation, an Ohio oil-exploration outfit owned by Dubya's Yalie pal William DeWitt Jr., buys out Bush Exploration, setting up young Bush as CEO at $75,000 per year and giving him 1.1 million shares of the firm's stock. Another flop. The company's fortunes soon sink, with $400,000 in losses and a debt of $3 million.
•1986: in the nick of time, Bush and partners merge the failing Spectrum with Harken Oil, a Dallas exploration company, with a $2 million stock purchase. Bush puts up about $500,000 and gets a $120,000 annual consulting fee along with $131,250 in stock options. Harken is a small outfit, looking for oil opportunities within the U.S. Out of the blue comes Harvard Management Corporation, an investment adviser for Harvard University's endowment portfolio. It pumps millions into the venture.
•1990: although Harken has no international expertise, it gets the attention of the Bahrain National Oil Co., which unexpectedly appears on the scene and bypasses big oil's Amoco and Chevron to sign a production agreement with the little Texas concern. The contract grants Harken exclusive rights to what seems to be a promising offshore area squeezed between two productive tracts owned by Saudi Arabia and Qatar. The Wall Street Journal speculates Bahrain was trying to cozy up to Daddy Bush, who was plotting an assault on Iraq after Saddam Hussein seized Kuwait.
Bass Enterprises Production Co. finances the Bahrain drilling with $25 million, and Harvard Management raises its investment. A couple of members of the Fort Worth Bass family have places on Team 100, an elite business group contributing to the Republican National Committee.
In June, Harken drills two dry holes in Bahrain. The future looks bleak. Dubya dumps two-thirds of his Harken holdings (212,140 shares) for $848,560. He uses some of this money to buy into the Texas Rangers baseball club. This is a lot of stock to dump on the market all at once, and brokers say it was purchased by an unnamed institutional investor.
That August, Harken posts a loss of $23 million.
•January 1991: Daddy Bush attacks Iraq.
•February 1991: Dubya, as the official in charge at Harken, reports his big stock sale to the SEC—eight months late.
•April 1991: the SEC begins an investigation into Harken dealings. Chairman Richard Breeden, who had been appointed by the senior Bush and served him as an economic policy adviser, hails from Baker & Botts, a big Texas oil law firm where he was a partner. Inside the SEC, James Doty, general counsel and the official in charge of any litigation that might come out of the Harken investigation, is another alumnus of Baker & Botts. And as a private attorney before joining the government, Doty represented the younger Bush in matters related to Dubya's ownership of the Rangers.
•1993: the SEC ends its Harken investigation following perfunctory interviews.
The good people of Baker & Botts continued looking out for Shrub. Since 1993, Breeden, Doty and other lawyers there have given him $182,050 for his various political campaigns, making the firm one of his biggest supporters.
That's how the network functioned in the Harken affair. Dubya also has historic mentors among his kin. During World War II, for example, the government investigated his grandfather, Prescott Bush, and his maternal great-grandfather, Bert Walker. Under the Trading With the Enemy Act, officials seized Bush stockholdings, charging that "huge sections of Prescott Bush's empire had been operated on behalf of Nazi Germany and had greatly assisted the German war effort."