Kozlowski's Comedown
(from Business Week, June 5, 2001)
In a matter of days, the former Tyco CEO has gone from power lunches to
appearances in criminal court
It was the same businessman's attire he has worn to power lunches and deal negotiations, something just right for addressing the shareholders' meeting of the company he headed for just shy of 10 years. But on June 4, L. Dennis Kozlowski donned his expensive blue suit for another purpose entirely: to raise his right hand and plead not guilty under the harsh lights of a criminal courtroom in downtown Manhattan.
Charged with conspiracy, tampering with physical evidence, falsifying
business records, and sales tax violations, Kozlowski seems to personify the
most extreme case among the recent wholesale rejection of the hard-charging
executives lionized in the 1990s. Once, he was a highly paid golden boy of the
go-go era, someone who got dull businesses like fire-alarm manufacturing to
punch out quarter after quarter of earnings growth, fueled by the energy of
hundreds of acquisitions.
Today, he's a poster boy suspect for white-collar crime, accused of going to
elaborate lengths to avoid $1 million in sales taxes on paintings by artists
like Renoir and Monet, which adorn the walls of his luxurious Fifth Avenue
apartment.
THE CASE. Kozlowski, who resigned as CEO of troubled conglomerate Tyco
International just a day before the arraignment, rushed down the stairs of the
court's back entrance after the session and into an utterly changed life.
Shouldering his large frame through the "perp walk" of jostling TV
crews and photographers, he looked angry. His only answer to the questions
reporters hurled after him: a curt "No comment."
Only an hour earlier, the same media members had jammed into a small corner
conference room to hear Manhattan District Attorney Robert M. Morgenthau lay out
the case against the one-time boardroom star. With the air-conditioning switched
off and the windows closed to accommodate the rolling cameras, reporters
representing everything from local tabloids to Britain's Financial Times
strained, sweating to hear the incredible tale.
Initially, the investigation hadn't focused on Kozlowski, Morganthau said.
Launched in January, it stemmed from curious transactions discovered by the New
York State Banking Dept., which it suspected was a money-laundering scheme.
During the investigation, the DA's office found something else: a plan allegedly
perpetrated from the summer of 2000 through last June by Kozlowski and a team of
unnamed art gallery managers, art advisers, and even an art trucking company.
Because New York doesn't tax art purchased for use in other states, the alleged
goal was to get the paintings signed for in New Hampshire, where Tyco's
executive offices are located, Morgenthau said.
RICH COMPENSATION. What makes these accusations all the more shocking is that
Kozlowski was one of the highest-paid executives in the world. In the past three
years alone he has made $332 million, including salary, bonus, and long-term
compensation such as exercised stock options for 1999, 2000, and 2001.
Although some of the paintings were in Tyco's name, the most valuable were
insured by Kozlowski, some paid for with money borrowed from a fund of executive
stock options. "At a time when the city is in fiscal crisis and the state
is in fiscal crisis, for someone who is that highly paid to avoid $1 million in
taxes is a serious crime, and it will be treated seriously," said
Morgenthau.
One time, Morgenthau said, five boxes were built and shipped empty to New
Hampshire, allegedly to avoid sales tax on $12.7 million worth of paintings,
including a work by Claude Monet valued at nearly $4 million. On another
occasion, three paintings were picked up from Newark Airport, just outside New
York City, and driven by truck to Tyco offices in Exeter, N.H., where
Kozlowski's assistant allegedly signed for them.
The paintings, allegedly never taken out of the truck, were then driven back to
Kozlowski's New York apartment. In December, 2001, an untaxed $425,000 painting
by La Farge was allegedly taken off a wall in the apartment, brought to Tyco's
offices, where an employee allegedly signed for it, and then immediately
returned and reinstalled in the Fifth Avenue apartment.
"TOO MUCH WINKING." If Kozlowski's sins are like those of his company,
which was lambasted for moving its headquarters to Bermuda in 1997 as a way to
avoid corporate taxes, he nonetheless stands alone on these criminal charges.
After posting a $3 million bond for bail and agreeing to surrender his passport
to his lawyer, Stephen E. Kaufman, Kozlowski was told to be back in court on
June 26.
Once hailed as the next Jack Welch, he's now keeping company with quite a
different crowd. While Kozlowski stood before the judge, at the back of the
courtroom was a tearful, handcuffed woman facing her own charges.
In describing Kozlowski's alleged deeds, Morgenthau drew a comparison with
Tyco's corporate tax avoidance. "Over the years, there's been too much
winking at this type of activity," he said. Then he urged Congress, the
White House, and the Securities & Exchange Commission to take up the issue.
Meanwhile, Morgenthau's office is continuing its investigation, and he would not
rule out further charges against Tyco or other individuals. Either way,
Kozlowski's legacy is in tatters.