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WHEN IT WAS
ANNOUNCED IN 1998, the criminal case against Waste Management
had all the makings of an epic saga. Newspapers reported
breathlessly about the big garbage-hauling firm's alleged
attempt to destroy a little water outfit that was blocking its
efforts to build the nation's largest dump in
San Bernardino County,
Calif.
Two years later, 12 of the original 23
criminal counts have been thrown out, and the headlines have
slowed to a trickle. The dump was quashed by voters four years
ago. Still, the damage to Waste Management's reputation has
already been done, while a county official and a Waste
Management lawyer have also been indicted in the mess.
Why does the case, which will likely go to
trial this fall, drag on? In
California
it's hard to separate water and politics. And when it comes to
Cadiz Inc., the $115 million (1999 sales) company that made many
of the original allegations against Waste Management, there are
few companies that are as deft at political maneuvering.
Cadiz's
British-born president and chief executive, Keith Brackpool, is
notorious for having parlayed a relationship with Governor Gray
Davis into a major policy role on water issues. The fact that
these same issues can make or break his publicly held company is
apparently of little concern to the governor, who has been the
beneficiary of $144,705 in campaign funds from Brackpool and
Cadiz since 1998.
This is one
well-connected company. Directors include Anthony Coelho, a
former California
representative and currently general chairman of Al Gore's
presidential campaign.
Another beneficiary of
Cadiz's generosity is the San
Bernardino district attorney's office, which has
received $8,100 from
Cadiz or its proxies since 1993. Pocket
change compared with the money
Cadiz
has showered on the governor, but enough to get your phone calls
returned.
So when county sheriffs stumbled onto a
computer sales scam run by an ex-convict in 1996, they became
suspicious when Joseph Lauricella, going by the name Tony
Bergschneider, squealed that he was also doing dirty work on
behalf of Waste Management.
Lauricella bragged that he was carrying out
a devious plan intended to drive down the price of
Cadiz's stock. Cadiz
loudly complained that Waste Management's dump would contaminate
Cadiz's 20 million acre-feet of nearby
groundwater. By spreading rumors, buying stolen trade secrets
from a former Cadiz clerk and
committing securities fraud, Waste Management used Lauricella to
harass Cadiz
into backing off--or so Lauricella claimed.
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Lauricella has been
singing from prison, where he's serving six years for his role
in the bizarre case. As a star witness for
Cadiz
and the prosecution, Lauricella isn't exactly credible. A
convicted drug dealer, he recanted bribery allegations after
failing a lie detector test. He's been blackballed as a federal
witness and was nailed for trying to entrap his own lawyer on
drug charges. Now, Lauricella claims he was forced to lie by the
prosecutors, alleging they threatened his family.
"He's the most
incredible witness I've ever met," roars Waste Management's lead
attorney, Robert Bonner, a former
U.S.
attorney and federal judge. "An unmitigated liar." While there's
no denying that Waste Management hired Lauricella as a
"consultant," the dispute is about whether he was doing the
dirty tricks on his own.
So why does the prosecution persist with the
case, for which they created a special unit, and which has cost
Cadiz over $5 million fighting Waste Management in civil court?
"This is a political
prosecution based on
Cadiz's connections with the DA," snarls
John Newell, another defense lawyer. Newell admits that Waste
Management used "corporate hardball" tactics in the dispute over
the proposed dump--such as attacking the viability of
Cadiz's water scheme. But he denies that
his client did anything illegal, like instigating securities
fraud.
Newell cites such
oddities as Cadiz's payment of
$40,000 to Lauricella for what
Cadiz now claims were copying fees, but
which Brackpool once testified were payments to help pay
Lauricella's legal fees and acquire a police report. In other
instances Cadiz's law firm gave
meal money to Lauricella, which
Cadiz claims was going to be reimbursed.
It hasn't been. At other times the prosecution tapped
Cadiz employees and consultants for
research assistance.
Counters
Cadiz attorney Crystal Lautrup: "They're
not looking at the actual case; they're looking at the
prosecution. First they go after Lauricella. Once they finish
with him, they claim we're colluding with the prosecutors. But
they don't dispute what they've done. They admit it every time
they go into the courtroom and say, 'Hardball is not a crime.'"
But Lautrup doesn't deny that
Cadiz
helps the prosecution. "They [the investigators] have limited
resources. We help with the case whenever we're asked because we
are the victims." Ironically, the case may amount to an exercise
in futility for Cadiz.
A recent report from the U.S. Geological Survey poured cold
water on the company's scheme to store water under its land. At
a recent $7.25 Cadiz
shares are worth scarcely half what they were two years ago.
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