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Harvard Was
Savior Of Bush Energy Firm Harken
Wall Street Journal Online
Wednesday, October 9, 2002
When the small company that helped make George W. Bush a
multimillionaire verges on bankruptcy in 1990, newly unearthed
documents show an unlikely financial archangel came to the
rescue: Harvard University.
It long has been known that the school's endowment arm,
Harvard Management Co., was a major investor in Harken Energy
Corp. But the documents reveal two heretofore little-noticed
deals, both endorsed by Mr. Bush, to allow the Texas firm to
stave off creditors. One, critical to the company's survival,
involved a partnership used to move troubled assets and large
debts off the company's balance sheet -- much like the
controversial investments that Enron Corp. set up before it filed
for bankruptcy-court protection.
At the time, one of the Harvard endowment's most influential
board members was a political supporter of then-President George
H.W. Bush, the current president's father. One result of the
deal: The current president avoided damaging his credibility as a
businessman.
Unlike many of Enron's deals, Harken disclosed its
transactions to investors and the Securities and Exchange
Commission and complied with accounting rules. Mr. Bush didn't
profit personally from the subsequent boost in Harken's stock
because he already had sold most of his shares to fund a
lucrative investment in the Texas Rangers baseball team.
IVY LEAGUE CONNECTIONS
Harvard University's endowment helped
Harken Energy when the firm, of which George W. Bush was a
director, needed it. Key events in Harken's relationship with
Harvard and Bush, along with Harken's stock price.
1. Sept. 19, 1986: Harken agrees to
acquire Spectrum 7 Energy Corp., where George W. Bush is
chairman. Bush becomes a Harken board member and $100,00-a-year
consultant.
2. Oct. 15, 1986: Harvard agrees to
buy 1.35 million shares of Harken for $2 million and invest
another $20 million in Harken projects.
3. June 15, 1989: Citing the
"positive image" Bush helped create for Harken, chairman Mikel
Faulker extends Bush's consulting agreement.
4. May 20, 1990: Harken officials
warn board the company is about to runout of cash.
5. Aug. 17, 1990: First City agrees
to refinance Harken's debts.
6. Aug. 20, 1990: Harken discloses
loss of $23 million.
7. Nov. 30, 1990: Harken transfers
$20 million in debts to Harvard partnership, eliminates another
$16 million in debt by transferring assets to Harvard.
8. September 1991: Harvard begins
selling Harken stock at more than $6 a share, receiving $7.4
million over the next 12 months.
Source: Thomson Datastream
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The partnership deal is notable in the context of President
Bush's drive to reform corporate standards in response to a
string of accounting scandals. The Harken deal was designed to
raise money without incurring new debt or selling stock. It did
so by exploiting "a fundamental weakness in accounting rules" by
moving the deal off its balance sheet, said Rice University
accounting expert Dala Bharan, who reviewed the transactions for
The Wall Street Journal.
Mr. Bush was then a $100,000-a-year consultant to Harken and
the board member who made the motion to approve a partnership
that seemed to benefit Harken far more than Harvard. Harvard has
said it made a small profit from the association.
White House spokesman Dan Bartlett says the partnership was
Harvard's idea and the school "basically dictated the terms of
the investment." He said Harvard began talks with Harken in April
1986, well before Mr. Bush joined Harken. "The original
relationship had nothing to do with President Bush," he said. He
referred questions about the matter to Harken and Harvard.
Neither responded to letters and phone calls.
Mr. Bush ended up at Harken as a result of a
series of sales of the oil company he founded after earning a
master's degree from Harvard Business School. Just after Mr. Bush
joined Harken's board, Harvard Management became one of its
biggest backers, ultimately buying 30% of its stock, loaning it
millions of dollars and transferring oil properties to it.
Harken's good fortune after Mr. Bush joined often has been
questioned by political opponents. The firm bested bigger rivals
to obtain drilling rights from the Bahrain government in early
1990. But the Bahrain deal did little to improve its short-term
finances, which were in a perilous state. The board meeting
minutes from that July said the company's primary objective was
to "avoid default."
The company's response to the crisis is detailed in records
recently gathered from the Securities and Exchange Commission and
elsewhere by HarvardWatch, a student and alumni group, and the
nonpartisan Center for Public Integrity.
Harken was already technically in default at that point,
according to other company records, because it had failed to
abide by equity requirements in loan agreements with its two
primary banks. One, Bank of Boston, was demanding immediate
payment, but the other, First City Bancorp, agreed to take over
Bank of Boston loans. At the time, First City was controlled by
Robert Abboud, another supporter of the senior Mr. Bush who
attended a White House event 10 days before that bailout's
approval. In an interview, Mr. Abboud said Harvard's backing was
a key factor in First City's decision to approve the Harken
bailout and that it wasn't influenced by his relationship with
the then-president.
But that deal still left Harken with crushing debt. At the
July 1990 board meeting, Mr. Bush and the other directors decided
to "establish a 'joint venture' " with Harvard Management's
venture-capital arm, Aeneas Venture Corp., the minutes say. At
the next month's meeting, Harken President
Mikel Faulkner laid out a proposal to form a partnership with
Aeneas that would take on much of Harken's debt, moving it off
the balance sheet. The proposal also provided Harken with
desperately needed cash, in the form of fees to manage the new
entity. "After discussion, upon motion being made by Mr. Bush,"
the minutes say, the board unanimously agreed to open
negotiations with Harvard.
A partnership deal was struck shortly thereafter. Harken
contributed $20 million in debt and liabilities, plus a group of
poorly performing oil-drilling assets valued at $26 million --
many of them in Oklahoma's Anadarko basin -- for a net of $6
million. Harvard's Aeneas contributed $64.5 million of its
drilling assets, 91% of the investment, but agreed to accept just
84% of the so-called Harken Anadarko Partnership's earnings.
The deal immediately helped Harken's cash flow, bringing in
$100,000 a month in management fees, and drilling and servicing
fees of more than $3 million in the first year. Harken also
retained cash from a $7.5 million bank loan that the partnership
was required to repay.
"It seems to be a simple case of Aeneas bailing out Harken,"
said Mr. Dharan, an accounting professor at Rice University's
Jones Graduate School of Management. Because Harken owned less
than 20% of the partnership, it no longer was required under
accounting rules to include the debts and assets on its balance
sheet. Mr. Dharan argues that a true reflection of Harken's
financial health would have included them. In effect, the
partnership raised money without taking on new debt.
Still more help from Harvard came in an almost simultaneous
deal to extinguish another $16.2 million that Harken owed its
Aeneas arm from a previous venture. The company allowed Harken to
pay off the note with assets valued at just $14.5 million.
The moves led to a gradual recovery in Harken's stock price,
which was $1.25 a share at the end of 1990. In 1991, thanks to
the prospect of a Bahrain strike and Harken's much-improved
balance sheet, the price topped $8, prompting Harvard to begin
selling its Harken shares. It sold 1.63 million shares valued at
$7.47 million over the next year.
Current and former Harvard officials declined to comment
publicly on the Harken transactions for this story or said they
remember little about the matter.
Harken had several connections to Harvard, including
business-school diplomas held by Mr. Bush and another Harken
board member, Alan Quasha. The person with the most influence
over the endowment for decades has been Robert Stone Jr., an oil
man on Harvard Management's board whom former Harvard executives
described as the driving force behind its energy investments.
It is unclear whether the Bush and Stone families were
personally acquainted, but they were politically aligned. A
sometime resident -- like the Bush family -- of Greenwich, Conn.,
and Houston, Mr. Stone was a financial supporter of the senior
Mr. Bush when he ran for president in 1979, as was his father,
siblings and executives at his oil and gas company. Mr. Stone and
his wife, Marion, also contributed to the senior Mr. Bush's
successful 1988 run. Over a two-month period, Mr. Stone didn't
respond to numerous messages left with the receptionist in his
New York office.
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