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Made-for-TV bust nabs Rigases

Handcuffs and perp walk signal feds are serious about cracking down on white-collar crime

By John M. Higgins -- Broadcasting & Cable, 7/29/2002

When John Rigas was led into a Manhattan courtroom last Wednesday afternoon, the Adelphia Communications founder sat down on a chair still warm from a man arraigned just moments before: a Staten Island restaurant owner who prosecutors contend is a loan shark tied to the Mafia's Luchese family. Small-town boy Rigas has definitely hit the big time.

Earlier that day, federal agents had pounced on Rigas; his two sons, Michael and Tim; and two other ousted Adelphia executives, accusing them of orchestrating a complicated, multibillion-dollar fraud that enriched the family in big ways (using the cable operator to guarantee $3.1 billion in loans to family businesses) and small (using a company airplane to ferry guests to the wedding of only daughter Ellen Rigas Venetis.)

Panic over the Rigases' insider dealings—even isolating just the ones the Rigases have acknowledged—had wiped out the company's shareholders. What's more, Adelphia's financial excesses along with those of WorldCom and Enron, have cast doubt on the very foundations of the U.S. financial markets, a doubt that is blamed in large part for the recent stock-market plunge. That has robbed millions of widows and orphans and big institutional investors of many more billions of dollars than even the Rigases are accused of stuffing into family-controlled purses.

The tales of the Rigases' greed make them a rich target for public officials who have been blasted for letting corporate executives so dramatically abuse investors' trust. For example, prosecutors say that John Rigas was drawing so much cash out of the company that Chief Financial Officer Tim had to put him on an allowance in 2001. Father Rigas couldn't draw more than $1 million monthly for his personal use without Tim's approval.

That's why it was no surprise that federal agents weren't cutting the Rigas Three any slack last week. Their lawyers offered to have them simply show up wherever the U.S. Attorney's Office desired. Nope. The feds clearly wanted to send a message. They wanted to make white-collar crime look a lot like plain old crime.

Postal inspectors (they get wire-fraud cases) say they had been tailing the Rigases for two days and knew that they were staying in, of all places, an apartment owned by Adelphia on Manhattan's Upper East Side. (Ellen Venetis lives in the apartment and, these days, is actually paying rent to the company.)

All three had left New York Tuesday but returned when they realized they were being followed. "I suspect they saw us and contacted their lawyers," said assistant postal inspector Thomas Van de Merlen.

A doorman called up to Ellen's 23rd-floor apartment when the inspectors arrived Wednesday morning at 6 a.m. The three soon emerged—John and Michael in blue suits, Tim in a sport coat and khakis.

After being booked at the main postal facility, the Rigases were subjected to an old-fashioned New York City "perp walk," in which they were paraded, handcuffed, from cars past TV and newspaper cameramen tipped where to be for the right shots outside. Their ties, shoelaces and belts had been removed, presumably to prevent suicide. "I think it's pretty tough to arrest a 78-year-old man at 6 o'clock in the morning when he's volunteered to surrender," said John Rigas's attorney, Peter Fleming.

The government's message was as clear as the images that played over and over on TV. "This administration will hold acountable corporate executives who violate the public trust, and we will do so in a way where we can do everything possible to protect America's workers and investors," Bush spokesman Ari Fleischer said after the arrests.

John, Adelphia's former CFO Tim and former COO Michael stand accused of securities fraud, wire fraud, bank fraud and conspiracy. Two other ex-Adelphia executives, Vice President of Finance/Treasurer James Brown and Assistant Treasurer Michael Mulcahey, were arrested in their homes in Adelphia's hometown of Coudersport, Pa. No one has actually yet been indicted, although that is expected within two weeks. The Securities and Exchange Commission filed a separate civil suit against the five executives plus another Rigas son, James, and Adelphia itself.

Adelphia, in turn, sued the Rigases, plus John's wife, Doris, and several other ex-Adelphia executives seeking to freeze and capture their personal assets.

It's not clear what kind of assets the Rigases have left. Among the many ironies of the case is that the Rigases didn't simply borrow money with Adelphia's guarantee and stuff it in an offshore bank account. They used it to buy $1 billion worth of Adelphia securities. The securities are now practically worthless, and family companies have pledged most of their assets to Adelphia. The family and Adelphia are probably at least $1.5 billion in the hole.

The essence of the charges is that the Rigases used publicly traded Adelphia as a private piggybank and distorted the company's financial position in order to keep the stock price high. The Rigases have acknowledged that their private companies borrowed $2.3 billion with Adelphia guaranteeing the debt. It was disclosed that some of the loans went to finance cable-system deals. What was hidden until March is that some of the loans went to fund Rigas-family purchases of Adelphia stock and bonds, deals that investors believe were being independently financed.

According to the prosecutors, other tricks included creating a cash-management fund that co-mingled public and family money that the Rigas boys used for all sorts of financial needs (including John Rigas's $1 million monthly allowance). Assets and debts were shuffled between the public and private companies to make the Adelphia balance sheet look good for a moment. Prosecutors say Brown in particular brazenly lied to investors about how many of Adelphia's cable systems had been upgraded. They inflated basic-subscriber growth by including systems in Brazil and Venezuela.

But the criminal complaint also alleges massive insider dealing even beyond the many luxury perks common in other executive suites. Tim Rigas took an African safari vacation, allegedly on the company dime. The Rigases had Adelphia finance construction of a golf course on family land, property that they also tapped the company to help pay for by prompting the MSO to buy timber rights from the land. "The scheme charged in the complaint is one of the largest and most egregious frauds ever perpetrated on investors and creditors," said James Comey, the U.S. attorney in New York.

Brown and Mulcahey were released on their own recognizance, but the Rigases had to make complicated bail arrangements. To collateralize bail of $10 million each, the bonds had to be co-signed by three "financially responsible" individuals. Doris Rigas signed all three. The other two co-signers were their co-defendants: John and Michael signed for Tim; John and Tim signed for Michael; Tim and Michael signed for John. They pledged real estate that Adelphia alleges was bought with company money. One piece is an apartment in Beaver Creek, Colo., that's worth $2.4 million but is so heavily mortgaged that they have only $300,000 in equity in it. Another $3.3 million apartment in Hilton Head, S.C. (where Adelphia paid for Tim's $700,000 golf-club membership), has just $200,000 of equity.

Basically, their bail is structured pretty much the way the finances of the Rigas-run Adelphia were.

 

A Family Affair

1996-2000: Rigas-family companies buy more than $1 billion worth of cable systems with bank loans guaranteed by Adelphia. Stock hits all-time high of $84 in March 1999.

1/01-11/01: The Rigases buy $1 billion worth of Adelphia stock and bonds with bank loans co-signed by Adelphia. That leaves Adelphia on the hook if the securities' prices drop. The loans were disclosed in SEC filings, though not prominently or in much detail.

3/27/02: A footnote in a press release discussing 2001 earnings calls attention to the loans. CFO Tim Rigas fumbles a response to a bond analyst's question at the end of a conference call. Adelphia's stock tanks 18%.

4/1/02: Adelphia fails to file its annual report, asking the SEC for more time to review accounting issues. Adelphia stock drops to $13.12.

4/2/02: The first of more than 15 shareholder lawsuits, accusing Adelphia of misleading stockholders, is filed. Adelphia hires three investment banks to sell some assets and advise on restructuring the company.

4/16/02: The SEC opens a formal investigation into Adelphia's accounting.

5/8/02: Adelphia solicits bids for half its cable portfolio—including systems in Los Angeles, Florida and Virginia—to pare debt.

5/15/02: Founder John Rigas resigns as chairman, president and CEO. Director and former Buffalo banker Erland E. Kailbourne named interim CEO. NASDAQ halts trading in Adelphia's stock. CFO Tim Rigas, COO Michael Rigas and executive VP James Rigas quit shortly afterward.

5/17/02: Two federal grand juries, in New York and central Pennsylvania, start hearing evidence on Adelphia's problems. The company misses $44.7 million in bond payments.

5/23/02: Rigas family members all quit the board of directors and agree to turn over $1 billion in securities, pledge $567 million in cash flow from family cable systems. Adelphia's liability for family debts balloons to $3.1 billion. The new management unveils a laundry list of the Rigases' sweetheart deals, including having the company pay $13 million to build a golf course on family property, plus pay $25 million for the timber rights on that property; buying resort condos that the family used; and $3.8 million to fund a film produced by Rigas daughter, Ellen.

6/3/02: NASDAQ delists Adelphia's stock at 75 cents per share.

6/10/02: New management fires auditors Deloitte & Touche.

6/17/02: Adelphia misses $96 million in bond interest and preferred-stock dividend payments.

6/25/02: Adelphia files for Chapter 11 bankruptcy protection.

7/24/02: The feds arrest five executives, including three Rigas family members, on fraud charges, alleging that the family used the company as a "personal piggy bank," financing all sorts of personal transactions, including $3.1 billion in loans for stock and family businesses.

Coudersport: 'People feel betrayed.'

Last Wednesday, the Greek god of Coudersport, Pa., fell all the way to earth. Federal authorities arrested Adelphia Communications founder and former Chairman/CEO John Rigas, along with his two sons Michael and Tim, in New York for bank and wire fraud. Among those who watched on TV as the three were marched in handcuffs into a federal building were the 2,800 citizens of Coudersport, many of whom work for Adelphia.

For years, John Rigas has been the town's benefactor and favorite son, making sure the snow was shoveled, throwing a humdinger of a Christmas party and flying local kids to Buffalo Sabres hockey games. But the town has been shocked by the series of revelations and allegations that led to the July 24 arrests.

"People feel betrayed," says Gerri Miller, news director at the town's only radio stations, WFRM-AM-FM. "Some of us said early on that, if they were doing it to grow the company, that would be one thing, but then we saw what they were using the money for.

"People here feel personally impacted because the Rigas family was so approachable and such a part of the community," Miller adds. "You would see them in the streets, and you could talk to them and call them by name. They've always been a part of the community."

Although putting handcuffs on family patriarch John Rigas seemed to lift the rest of the country's spirits, many Coudersport residents think the Bush administration is making an example out of the Rigas family, and they don't appreciate it.

"There's no question that the Rigases should be held accountable but, at the same time, the playing field should be level," says Donald Gilliland, managing editor of local newspaper the Potter Leader-Enterprise. "People are going to be watching closely to see if this is just a bunch of political propaganda. It's fine to hold the Rigases accountable, but other CEOs in other companies also should be held accountable."

Many people also are worried about their jobs, even though analysts are saying that Adelphia has too much infrastructure in Coudersport to make it worth anyone's while to move it. So far, the remaining Adelphia management team has kept layoffs to a minimum. "Economically," Gilliland says, "the town is saying that we support the new management, if they can pull it off, and we hope they can."

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