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The morality of plutocracy: the Washington Post and
the Harken Energy "distraction"
By Joseph Kay
15 July 2002
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The lead editorial in the July 12 Washington Post casts
a great deal of light on the nature of social life in the United
States. Entitled The Harken Energy Distraction, the
editorial is dedicated to a defense of President Bush and the
corrupt dealings by which he made his millions. Coming from one
of the bastions of American liberalism, the defense
is an indication of the insularity of the entire ruling elite
from the broad masses of the American population.
The editorial begins with a recapitulation of the basic argument
marshaled by the Bush administration regarding his past actions
while on the board of directors of Harken Energy. Most of the
questions surrounding these actions, the paper states, have
been aired over the years, and one has been the subject of a government
investigation. Congress shouldnt let the temptation to play
politics with this issue distract from corporate reform.
At his press conference earlier in the week, Bush made the
same point. All the questions were old stuff, and
any further investigation was an unjustified attempt to win petty
political advantage.
That this is actually presented as an argument against further
inquiry is indicative of the poverty of Bushs defense. That
these issues have been aired in the past means little. The Securities
and Exchange Commission (SEC), after all, looked into the accounting
practices of WorldCom in 2000 and did nothing, only to have that
company implode in financial scandal last month.
Over the past two decades, an environment was fostered in which
large-scale fraud was routinely committed. Investigations carried
out by the government and auditors generally sanctioned such fraud.
The fact that Bushs dealings at Harken have been raised
before is not an argument against further investigation, but merely
an evasionan attempt to ensure that no serious investigation
takes place.
After clearly stating its sympathies for the arguments advanced
by Bush, the Post identifies two major issues regarding
Bushs past corporate dealings. The first is insider trading.
The Post does not provide its readers with any of the background
to this issue, because to do so would raise questions that do
not have an easy answer.
Bush was on the board of directors and was a member of Harkens
auditing committee during the late 1980s, after the company acquired
Spectrum 7, which had in turn acquired Bushs own Arbusto
Energy some years back. Both Spectrum 7 and Arbusto were financial
failures, but Harken paid a pretty penny for the acquisition because
it provided the company with a valuable asset ... namely, George
W. Bush, a business failure whose father happened to be US president.
Thanks to these connections, Harken received an extraordinary
contract with Bahrain to drill offshore oil wellsextraordinary
because Harken was relatively small and had no experience in such
matters. As Harken ran into financial trouble, it began to manipulate
its accounts. At one point it gave a loan to executives to buy
a subsidiary of Harken, essentially loaning money to itself to
buy a part of itself, and the payment was then booked as revenue.
By means of this accounting device the company was able to understate
its losses by some $10 million, a massive amount for the relatively
small energy company.
As a member of the audit committee, Bush was certainly privy
to knowledge that the company was in crisis, and likely knew about
the accounting fraud. He sold over $800,000 of stock options while
the price was right, just before an announcement by the company
of large losses and some months before Harken had to restate its
prior earnings.
How does the Post deal with all of this? The Securities
and Exchange Commission investigated the case, the editors
write, and did not take action, apparently because it could
not find firm evidence of wrongdoing. Perhaps the SEC was
not really looking very hard, since the case involved the presidents
son and the SEC was headed by a Bush appointee. Dismissing this
possibility, the Post assures us that the chairman was
a renowned enforcement hawk and refers to the reckonings
of people who worked inside the SEC that the
organization would have gone after the son of the president if
it had sufficient evidence.
Forgive us for being suspicious of these reckonings, which
are generally not very difficult to come by. Bernie Ebbers and
people working inside WorldCom will be quick to reckon
that nothing criminal was going on there, and people working
inside the FBI and CIA will not hesitate to reckon that
the American government did not really know anything prior to
the attacks of September 11.
To base ones case on such reckonings is to have come
to a conclusion before any of the evidence has been heard. The
issue is whether people in the SEC really wanted to
find out anything about Bush.
The editors of the Post choose to withhold from their
readers the fact that one of these people in the SEC was Richard
Doty, the commissions general counsel, who was responsible
for making decisions concerning legal action. Doty also happened
to be George W. Bushs personal lawyer at one point, assisting
him in carrying out the Texas Rangers deal that netted the future
president millions of dollars and helped propel him into the presidency.
After thus dismissing the accusations of insider trading, the
Post goes on to the second serious question ... dubious
accounting. The choice of words here is significant.
What was involved at Harken was not dubious accounting,
but outright fraud, on the basis of which Bush made a handsome
profit. The money he made was essentially stolen from those investors
who lost money when the stock value fell after the accounting
fraud was revealed.
What does the Post have to say about this? The
fact that Mr. Bush himself may have profited from a misstatement
is embarrassing. But it was not illegal, and there is no suggestion
that Mr. Bush played a role in devising the accounting trick or
that he sold the stock because he realized a restatement was coming.
The newspaper hopes that by merely claiming there is
no suggestion that Bush was guilty of fraud, there will,
in fact, be no such suggestion. In reality, it is not necessary
to suggest anything. The facts themselves speak loudly and clearly
of fraud.
After all, Bush received a memo shortly before he sold his
shares warning of a company shutdown effective 30 June unless
third-party funding is found. Clearly, Bush was aware things
were not quite so rosy at Harken as the accounting figures suggested.
After having thus dealt with the main issues, the
Post proceeds to the remaining threads, which,
it declares, are no more compelling. Bush was late
in filing some of the paperwork, but this was no big deal.
The Post would like us to believe that paperwork
is of little importance. But what was the fraud of Enron, WorldCom
and the rest, if not a manipulation of paperwork?
What was Enrons accounting firm Arthur Andersen shredding,
if not paperwork? If the average person is late in
filing his tax reportsanother form of paperworkhe
gets a knock on the door from the IRS. Much of modern economy
depends on an accurate and timely filing of paperwork.
Bushs paperwork consisted of a report that is required
whenever an insider sells shares in his own company. This is because
a large sell-off of company stock by its directors or executives
is generally a sign that something is amiss within the company,
as was the case with Harken. Bushs late filing of
some paperworkby some 34 weeks!is, in fact,
quite significant. It is further circumstantial evidence that
he was up to no good when he sold his stock options.
The loans that Bush received from Harken are dealt with in
a similarly cynical manner. The size of the loan, you see, was
relatively modest and there is little shame
in having participated in a legal practice years ago and then
advocating its reform when others turn out to have abused it.
The relatively modest figure was ... $180,000. For
the editors of the Post and the social layer with which
it associates, such a figure is indeed small change. For the average
American, it is a fortune.
It might strike some as unjust that Bush could, because of
his connections, net a loan of $180,000 that he was never required
to repay. For the editors of the Post it does not merit
consideration, because it is the normal state of affairs. In todays
business climate there is, indeed, little shame in
such a practice, and there is little shame in the
papers defense of it. The Post is truly shameless.
Finally, we come to perhaps the one true sentence in the piece.
After explaining how Bush accepted consulting fees while at the
same time sitting on a committee tasked to oversee the company,
the Post states, This is the kind of conflict that
undermines the board independence Mr. Bush now urges. But it has
to be said that almost nobodythis page includedobjected
to board members accepting consulting fees before the recent outbreak
of scandals.
Quite right, though here the Posts specificity
is unwarranted. Almost nobody, the Washington Post
included, objected to any of the methods by which the American
corporate elite perpetrated its massive fraud of the past two
decades. Nobody in the political establishment or the media opposed
the fantastic accumulation of wealth by a tiny elite, of which
they formed a part.
To borrow a phrase from that philosopher of capitalism in Joseph
Hellers novel Catch-22, Milo Minderbender: Everyone
had a share. Everyone, that is, except the majority of the
population, which is now being forced to pay the tab. That Mr.
Bushnow the president of the United Statestook part
in this orgy ... well, it is no big deal really, since everyone
was doing it.
So, the newspaper concludes, lets forget about the whole
thing. Apparently, unlike the Clinton sex scandal and the Whitewater
affair dredged up the right wing, this is not one of those
cases in which an officials past dealings deserve to become
a public issue.
In defending Bush, the Washington Post is at the same
time defending itself. The fraud that has been committed against
the American people was not simply a product of a few individuals.
It benefited an entire social layer, including the liberal
media.
It is in this light that one must understand the calls by the
Post and the Democratic Party for greater reform. They
are not interested in seriously changing a system that has generated
their own wealth and forms the basis of their own social position.
To the extent that there are differences within the highest echelons
of the political and media establishment, they are differences
within a privileged elite over how best to defend its dominant
status.
See Also:
Wall Street crisis staggers Bush
[12 July 2002]
On eve of Wall Street speech
Bushs past business dealings come back to haunt him
[9 July 2002]
Threatened collapse of WorldCom
sends political establishment into crisis
[28 June 2002]
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