Piercing The Corporate Veil
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
<strong>Piercing</strong> <strong>The</strong> <strong>Corporate</strong> <strong>Veil</strong><br />
David J. Lesar, Chairman and CEO of Halliburton, one of the country’s largest<br />
frackers, is our <strong>Corporate</strong> Bad Boy of the Month—And He May Be Coming to<br />
Your Town.<br />
(Lesar’s photo to be superimposed on the face of the man in the stocks—along<br />
with the Halliburton logo?)<br />
Halliburton, Wall-Mart, Boeing, Pfizer, Citicorp, Monsanto, etc. are household names. <strong>The</strong><br />
people who run them are largely invisible and rarely held accountable for the actions they take in<br />
the names of the corporations they head.<br />
Long ago, it took an act of a state legislature to establish a corporation. It was understood that if<br />
they were allowed perpetual existence with the sole mission to maximize profits----and whatever<br />
those oil company environmental ads on public television would have us believe--maximizing<br />
profits or at least pretending to do so through accounting gimmicks and thus maximizing<br />
compensation for the top executives is the paramount objective----corporations would grow so<br />
rich and powerful that the men who controlled them would take control of the government and<br />
our lives.<br />
And now they have. We’ve created a true Frankenstein monster: the corporation that lives<br />
forever, carries out anti-social, criminal acts of every imaginable description, is in fact a<br />
sociopath by definition and by law, and reproduces itself. So, for example, if politicians are<br />
bribed, legally of course, to enable corporations to evade taxes by creating subsidiaries in Dubai<br />
or the Cayman Islands, they will be created. Similarly, if by creating subsidiaries around the<br />
world and in other states, the corporation is able to rid itself of union labor, pensions, health,<br />
safety, and environmental regulations, or other constraints on its profit maximizing objective,<br />
little Frankenstein monsters will be created. Not to create them is an almost certain path to losing<br />
one’s CEO position to someone who will.
So, now these creatures roam the earth, transcending national borders, controlling our food<br />
supply, poisoning our water, corrupting our politics, selling trillions of dollars of bogus securities<br />
as triple-A investments, fomenting wars and selling weapons to the combatants on all sides, and<br />
more. <strong>The</strong>y retain the best propagandists who portray them as “job creators” and who portray<br />
government as the enemy, which, so long as officeholders and regulators remain in thrall to big<br />
money, increasingly it is. (Continued below)<br />
Trust the “job creators.” Remember the tobacco company CEOs who swore under penalty of perjury<br />
that tobacco was neither addictive nor a health problem?<br />
David J. Lesar, the powerful Chairman and CEO of Halliburton, war profiteer, tax avoider,<br />
supplier of substandard equipment and contaminated drinking water to American troops in Iraq,<br />
has been immersed in scandal and corruption from the earliest stages of a corporate career that<br />
includes a 16-year partnership at Arthur Andersen, the accounting firm that helped Enron steal<br />
billions of dollars from its customers, shareholders, and employees, thousands of whom lost their<br />
life savings.<br />
Lesar has never been convicted or even formally charged with a crime, but as an Arthur<br />
Andersen senior partner, he presided over a culture of criminality and corruption that included<br />
corporations such as WorldCom, Sunbeam, Waste Management, and many other notorious<br />
corporate clients. Lesar’s corporate biography omits his Arthur Andersen partnership.
Who me, Senator? Joseph Berardino, Arthur Andersen CEO<br />
<strong>The</strong> Enron scandal resulted in a rare felony conviction for the firm (later overturned on appeal on<br />
technical grounds), and rarer still, the death of what was then one of the “Big Five” accounting<br />
firms; Arthur Andersen was forced to surrender its CPA licenses.<br />
Lesar was Arthur Andersen’s supervising partner on the Halliburton account. In 1995, he left the<br />
accounting firm to join Halliburton as a Vice President. A few months later, Dick Cheney,<br />
Halliburton CEO, named him CEO of Kellog, Brown and Root (KBR), a Halliburton subsidiary.<br />
He continued as Halliburton’s chief financial officer. In 1997, Cheney moved him up to<br />
President and chief operating officer. During that period Halliburton secretly changed its<br />
accounting practices, which enabled it to report annual earnings in 1998 that were 46 percent<br />
higher than they would have been had the change not been made. Cooking the corporate books<br />
led to an SEC corporate fine of $7.5 million. Lesar said, "We are pleased to bring closure to this<br />
matter." 1<br />
Case closed on another accounting scam.<br />
When in 2000, Cheney left Halliburton for the vice presidency, he chose Lesar to succeed him.<br />
Shortly thereafter, Halliburton became the largest financial beneficiary of the Iraq invasion<br />
and occupation. It received some $18 billion in “no-bid” “cost-plus” contracts to service<br />
1 http://articles.baltimoresun.com/2004-08-04/business/0408040306_1_halliburton-accounting-change-cheney
U.S. troops with food, water, laundry, housing, security, intelligence gathering and<br />
interrogation--everything except the actual killing. Halliburton also received major contracts to<br />
rebuild the country’s oil industry.<br />
Lesar authorized millions of dollars of payments to Cheney during his Vice Presidency. <strong>The</strong><br />
payments were said to have been obligated by contract before Cheney left the company. Cheney<br />
swore he had nothing to do with the phenomenal growth of Halliburton’s government<br />
contracting or energy business.<br />
Distributing kickbacks, overcharging for fuel and meals that were never served,<br />
substituting contaminated drinking water for purified water, selling defective equipment<br />
that cost the lives of American soldiers (At least 18 soldiers were electrocuted in their showers<br />
due to improper grounding of electrical devices for which Halliburton subsidiary KBR was<br />
responsible), Iraqi civilians, and their own employees---under Lesar’s leadership, Halliburton<br />
engaged in war profiteering that dwarfed anything the country has ever known. And yet<br />
David Lesar remains a respected business leader among his peers and virtually unknown to the<br />
public.<br />
In a parody of corporate public relations, Lesar reminds those who question Halliburton’s<br />
corporate culture that “we are providing coveralls and two-piece work clothing that are sized for<br />
women. <strong>The</strong>se better-fitting garments will improve the comfort and safety of our employees."
In 2005, he told Fortune Magazine writer Peter Elkind, “What we've done in Iraq is good --to the<br />
third power!" 2 And for all we know, he believes it. Nobody wants to think of himself as living<br />
an ignoble life.<br />
Sidebar?<br />
Pentagon auditors, the General Accounting Office, the Inspector General of the Coalition<br />
Provisional Authority, and the Justice Department investigators disagreed.<br />
“…[T]he $2.5 billion Restore Iraqi Oil (RIO) agreement, that has generated the most suspicion about<br />
Cheney's hidden hand, because it was awarded secretly, on a no-bid basis, in March 2003, on the eve of<br />
war. Under this cost-plus contract, Halliburton was hired to put out oilfield fires and rebuild Iraq's oil<br />
infrastructure. It is under this contract that KBR charged infamously high prices to ship gasoline into<br />
Iraq.”….<br />
Several problems that have surfaced are of the jaw-dropping variety--subs charging $100 to wash a 15-<br />
pound bag of laundry, and so forth. Especially telling was an October 2004 Pentagon audit of the RIO<br />
contract. Out of $875 million in charges it examined, $108 million was deemed "questionable" or<br />
"unreasonable." This included Halliburton's claim to have spent $27.5 million to ship to Iraq liquefied gas<br />
it had purchased in Kuwait for just $82,100--a fee the audit calls "illogical." (A Halliburton spokeswoman<br />
responded that the company delivered "vital services for the Iraqi people at a fair and reasonable cost,<br />
given the circumstances.")…<br />
In 2004, the Government Accounting Office identified 17 Halliburton subsidiaries in tax haven<br />
countries, including 13 in the Cayman Islands. In 2003, Lesar had incorporated Halliburton<br />
Products and Services Ltd. in the Cayman Islands, enabling him to circumvent U.S. sanctions on<br />
doing business with Iran.<br />
With retired generals swinging through the Pentagon’s revolving doors and onto Halliburton’s<br />
payroll to lobby their Pentagon colleagues, the military-industrial complex that President<br />
Eisenhower had warned the country about—unfortunately, not until his farewell address—was in<br />
full blown mania at Halliburton.<br />
Following Hurricane Katrina, Lesar dispatched former Bush the Second FEMA head Joe<br />
Albaugh, a Halliburton lobbyist, to Baton Rouge, Louisiana, where in Albaugh’s words; he<br />
"helped his clients get business from perhaps the worst natural disaster in the nation's history."<br />
Recently, Halliburton agreed to pay $1.1 billion to settle lawsuits brought over its role in the<br />
largest offshore oil spill in U.S. history. <strong>The</strong> explosion aboard the Deepwater Horizon drilling rig<br />
killed 11 workers and caused millions of barrels of oil to spill into the Gulf. Spill victims accused<br />
it of defective cementing work on the Macondo well. Halliburton blamed British Petroleum,<br />
which owned the well.<br />
2 http://archive.fortune.com/magazines/fortune/fortune_archive/2005/04/18/8257012/index.htm
And Now David Lesar and his oil and gas colleagues are going after our drinking water.<br />
[See Fracking Story]