Here's a comprehensive list of
letters to write, places to go, people to agitate to try to achieve justice
in the fight against MAXXAM. Perhaps the goal of all this is to make Charles
Hurwitz, Chairman of MAXXAM, accountable for all of his unethical and criminal
actions over the years he has been at large.
1. Write to the Office of Thrift Supervision (OTS). "Thrift" means the same things as "Savings and Loan" so the OTS is the agency that monitors this nation's Savings and Loans. Tell them to request that criminal charges for perjury on the witness stand and for bank fraud be filed against Hurwitz. Also, tell them to keep on Dr. Barry Munitz's case as much as they are focusing on Hurwitz. Munitz was also Vice President of MAXXAM for 9 years and ran the failed Savings and Loan (United Savings Association of Texas) for Hurwitz. Letters to:
Rick Stearns and Carolyn Buck
Office of Thrift Supervision
1700 G Street NW,
Washington, DC 20552
Ask them not to settle for pennies on the dollar with Hurwitz and to demand the full $1.6 billion in compensation for the failed S&L. We are also suggesting they engage in "Debt for Nature" and "Debt for Aluminum" swaps, because with collection of the full amount we can swap for all of Pacific Lumber and Kaiser Aluminum, not just Headwaters. We can then save all the old growth and turn the companies over to the workers. We need to strengthen the requests to the OTS to counter heavy political pressure from the contrary side. We just need to ensure that any settlement is not a cave-in.
Additionally, ask the OTS to file
a motion to freeze MAXXAM's assets. This could also be one way to shut
down the entire Headwaters deal and put an expensive halt to Hurwitz's
shuffling of his corporations. Also, we should press OTS to engage in disgorgement.
The legal theory of "disgorgement" states that the investors who lose money
on a venture in which the venture makes money illegally are entitled to
the ill-gotten gains. In this case, Hurwitz's S&L went down, the taxpayers
(the investors) paid for it, BUT Hurwitz made money on the failure. Therefore,
we can disgorge PL and Kaiser from Hurwitz because they are his ill-gotten
gains. "Disgorge Hurwitz!" Has a nice ring to it.
2. United Steelworkers of America interaction with OTS. There has been some exploration of a "debt for aluminum" campaign. The Steelworker's taxes also paid for the failed thrift whose funds were used to leverage the takeover of Kaiser as well as PL. Steelworkers are exploration legal action to seize Kaiser. This will not conflict with debt for nature because 1) there's plenty of debt to go around, $1.6 billion and 2) their move will be through a separate and independent legal action, if it occurs. Still we need to acknowledge the true size of the debt and what it can buy. MAXXAM's entire stock value is only $500 million. Though that would buy you PL, Kaiser and a bunch of desert land, it would also give you MAXXAM's overall $2.5 billion debt and its prized lawsuit collection. Yum. Still, we can get a lot with $1.6 billion. Why be shy? We want the whole thing back. MAXXAM off the Planet.
Sign and Distribute the Petition of USWA to the OTS
3. FDIC versus Hurwitz. The Federal Deposit Insurance Corporation (FDIC) insures this nationís banks, so when Hurwitz's S&L crashed in 1988, it was the FDIC who paid out the taxpayer dollars to cover the depositors' losses. This case is awaiting a ruling by Judge Lynn Hughes on Hurwitz' motion to dismiss. Hughes is acting very favorably to Hurwitz, unfortunately, and it looks like our side will lose in his court. The case filed in February of 1996, has not been ruled on and is not dead yet. FDIC should be encouraged to appeal Judge Hughes' decision if it turns out he throws the case out of court. It could come down any day. Write to the FDIC's new Chair--
Ms. Donna Tanoue, Chair
550 17th STreet NW
Washington, DC 20429
She is an excellent candidate for
letter writing, and she needs to hear from us right away. Our request:
fight hard, don't despair and if you lose in the lower court, appeal, appeal,
appeal (to the US Court of Appeals).
4. Support United Steelworkers of America (USWA) Strike and Unionization of Pacific Lumber. Nothing will hurt Hurwitz and PL President John Campbell more than to have the USWA kick his butt and unionize PL while they are at it. This will achieve justice for the humans Hurwitz has hurt, help bring peace to Humboldt County while continuing to build an historic bridge between unions and environmentalists. Also, go to USWA picket line in Spokane, Tacoma, WA, Grammercy, LA; Newark, OH; Pleasanton, CA (East Bay Area); and Houston, TX (at both Hurwitz's office and Hurwitz's home at the Houstonian Hotel. Call Dan Sampson of the USWA for addresses on these at 509-924-2650. Please walk the lines with these fine individuals. You'll have the time of your life.
5. Headwaters was illegally subdivided when Hurwitz refinanced PL in 1993. This was revealed in the "Kangas Report" and reported to the Planning Department, who has agreed that there strong possibility MAXXAM violated subdivision and TPZ (Timber Production Zone) regulations and has commenced an investigation as of mid-December. Hurwitz subdivided PL in order to make Headwaters Forest debt free so he could pocket all the money and not have to pay his bond holders a portion of the loot he'll get for it. Without this money, however, Pacific Lumber may well go bankrupt. Write to:
Humboldt County Planning Division
3016 H Street
Eureka, CA 95501
Tell them to fine the hell out of Hurwitz for his illegal subdivision and to undo the illegal subdivisions themselves. In the meantime, we should contact shareholders for Shareholder lawsuit to reclaim the value that was illegally stripped from the stock. Once again, write to David Nawi, US Department of Interior (address above).
6. Native American Coalition for
Headwaters (NACH). No just ending can occur without the inclusion of
the indigenous peoples in the equation. Land Title searches, artifact locations,
local history, and meetings with various tribes and councils should be
sought. A fishing rights lawsuit will be explored. It has been mentioned
by one tribe that special tax exemptions and possibly government funding
can be as acquired through the BIA. As much bad as the BIA has been over
the years, it has agency consistency as it overseen by the Department of
Interior. This makes interchange, joint programs, funding, etc. easier
for Headwaters Forest management and Native Americans, because Headwaters
is going to be managed by Interior, including BLM (Bureau of Land Management)
and Fish and Wildlife. The latter two agencies manage Iaqua Buttes and
the Humboldt Bay National Wildlife Refuge, respectively. The Buttes are
just to the east of the 60,000 acre Headwaters complex and the Refuge is
IN the Headwaters Ecosystem. All this makes for a comprehensive package
and an eased facility for integrating government functions into one happy
restoration and management program, with Fish and Wildlife, Native Americans,
restoration forestry jobs and preservationists all working together like
pieces in a puzzle.
7. Shareholders meeting in Houston in May 2000. Let's pack that puppy with Steelworkers and environmentalists. You'll need to buy a share of MAXXAM stock which will cost you $35 for the stock and about $35 in fees (total $70). Call Tom Van Dyke for assistance in buying a share as cheaply as possibly (800/295-1445). Keep in touch with Jail Hurwitz Website or write us at email@example.com to learn when and where the shareholder meeting is in mid-May.
8. Join ongoing campaigns. Earth First! direct actions; EPIC and other lawsuits are constants and not mentioned extensively in this strategy page because this is primarily for new strategies. Still it's essential to acknowledge the value of the constant pressure we apply. Also new campaigns, like the one focusing on the Water Quality Waste Discharge Permits and whether or not a Timber Harvest Plan can substitute for one are adding to the spectacular diversity and intensity which this campaign is gaining. Come down to Humboldt County and participate in the protests. You can reach EPIC at 707/923-2931 or firstname.lastname@example.org and the Humboldt Watershed Council at 707-443-7433 or email@example.com or Earth First! at 707/825-6598 or firstname.lastname@example.org.
9. Prison. Yes, the Jail Hurwitz campaign continues to flush out information to try to nail the bastard and put him and his little dogs, too, behind bars were they belong. Check out our website, currently being updated this winter at www.jailhurwitz.com. Also, write to
Attorney General Janet Reno
US Department of Justice
950 Pennsylvania Avenue NW
Washington, DC 20530
Tell her to investigate Hurwitz for all of his crimes and prosecute him!
Produced by Darryl