Should Harvard University president Lawrence Summers travel
this week to the World Economic Forum in Davos, Switzerland,
as he usually does, he'll find that the hottest item in the
snowy little Alpine village is the international edition of
Institutional Investor -- the one with the cover story, "How Harvard Lost Russia: The inside
story of what happened when the enormous power and resources
of the United States government were put in the wrong hands."
Those hands, of course, were those of Summers' close friend
and former student, Harvard University economist Andrei Shleifer,
whose misbehavior cost Harvard something like $25 million
in damages, plus another $10 million or $15 million in legal
fees.
Author David McClintick presents in the magazine what reporters
sometimes call a tick-tock -- a highly-detailed narrative account
-- of what transpired in the 1990s, when the US Agency for
International Development hired Harvard to advise the Russian
government on how to create a legal and institutional framework
for its capital markets -- only to see the project collapse
in scandal after four years, thereby turning "Harvard"
into a Russian codeword for "hypocritical American greed."
McClintick's article is a complicated tick-tock. The one-time Wall Street Journal
investigative reporter waded through thousands of pages of
depositions and courtroom transcripts. He interviewed many
participants. The story takes 25,000 words to tell, and even
then, McClintick is forced to leave out important parts of
the story -- its political dimension, for example.
You can read it for yourself online at http://www.institutionalinvestor.com/
for the price of watching a fifteen-second advertisement --
all but the 21 photos, that is, and some of the quote boxes
and sidebars. Once an opulent American fanzine for money managers,
Institutional Investor was purchased a few years by London-based Euromoney. It is in greatly reduced circumstances now, but the
old taste for quality remains, everywhere but the Website.
The article itself is superb.
Not only is McClintick a best-selling author (Indecent
Exposure, Swordfish). He is a graduate of Harvard College and a member
of the advisory board of the university's alumni magazine.
At last the outlines of the story are clear. (The story a
journalist tells is very different from the case lawyer makes.)
Much of what McClinttick offers is new, even to close students
of the affair. The picture that emerges is not pretty.
"The best and brightest of America's premier university
came to Moscow in the 1990s to teach Russians how to be capitalists,"
writes McClintick. "This is the inside story of how their
efforts led to scandal and disgrace."
The Russians in question were two bright economists from
St. Petersburg, 36-year-old Anatoly Chubais, and 29-year-old
Dimitri Vasiliev, who in 1991 began working on privatization
for Yegor Gaidar, minister of economics and finance. Boris
Yeltsin recently had elbowed aside Mikhail Gorbachev, and
the goldrush was on.
The Americans included Harvard University professor Summers,
36; his arch-rival and fellow professor Jeffrey Sachs, also
36; and Summers' friend and former student, 29-year-old Andrei
Shleifer. An ŽmigrŽ from the Soviet Union at 14, Shleifer
had gone to college at Harvard, graduate school at MIT, and
recently been recalled to Harvard from the University of Chicago
and dispatched to Russia by Summers, who by then was chief
economist for the World Bank. Sachs, who had advised the government
of Poland on the "shock therapy" by which they had
converted their economy to market principles, had been invited
to Russia by Gaidar.
Then Bill Clinton was elected and Summers moved to the Treasury
Department. In Moscow, Shleifer quickly elbowed aside Sachs,
as Chubais and Vasiliev discovered that Shleifer was one of
their own. Shleifer soon signed on as director of an ambitious
USAID project, and hired a favorite student, Rhodes Scholar
and lawyer Jonathan Hay, 30, as his deputy. Shleifer's wife,
Nancy Zimmerman, had quit her job at Goldman Sachs and started
a hedge fund specializing in Russian investments. At
the Treasury Department, Summers was beginning a spectacular
rise.
Yet within 18 months of beginning their work for the US government,
Shleifer and Zimmerman and Hay began investing in Russia,
in direct violation of Shleifer's contracts with USAID and
Harvard -- some oil stocks, a fund with equity in a group of
companies whose privatization they were overseeing, nothing
big, just enough to demonstrate a certain canniness in circumventing
detection (Channel Island bank accounts, the use of Zimmerman's
banker father as a straw).
To be sure, McClintick notes, Moscow in the aftermath of
communism resembled the old American West at its wildest.
Greed was rampant. Violence was common. Breathtaking corruption
was rife. But then that's precisely why the Harvard
team was there.
"In running Harvard's Russia project, Andrei Shleifer
and Jonathan Hay had an opportunity to preach the importance
of integrity, transparency and fairness in shaping a business
culture, and to work to enshrine those values in the country's
legal and financial infrastructure," McClintick writes.
"Instead, their personal dealings sent a very different
message."
The centerpiece of McClintick's article is a painstaking
a reconstruction of the events of spring and summer of 1996,
when Boris Yeltsin was running for re-election against an
old-line nationalist named Gennady Zyuganov, campaigning on,
among other things, a promise to quickly create a nation of
individual investors, the better to soak up the ubiquitous
"mattress money" that made fiscal and monetary policy
hard to conduct.
Against that backdrop, Shleifer's wife and Hay's new girl
friend, Elizabeth Hebert, quietly formed a company they called
Pallada (after Pallas Athena, the ancient Greek goddess of
wisdom and truth) and began a drive to become the first licensed
mutual fun in Russia. To run their back office (known as a
"specialized depository"), they contracted with
John Keffer, a Portland, Maine, businessmen whose firm, Forum
Financial, had experience working with mutual funds
companies in Poland.
Would-be investors in Pallada, including Farralon Capital
Management, the San Francisco hedge-fund for which Zimmerman
worked at the time, and Boston's Peter Aldrich, a real estate
magnate with close connections to the Harvard economics department,
were told that Zimmerman and Hebert expected to turn their
close relationship with "the regulator" (meaning
Shleifer and Hay's advisee Vasilev) into a powerful "first-mover
advantage" -- and thereafter into gold mine. At the World
Economic Forum meeting, in Davos, in January, 1996, several
wealthy Russian oligarchs had recruited Chubais to run Yeltsin's
re-election campaign.
McClintick is at his best re-creating the pell-mell scramble
that ensued that May, when the Russians regulators tried to
install one of Hay's employees, Julia Zagachin, as chief of
Pallada's back-office unit, and to limit Keffer to a 49 percent
share of the business. Harvard's Hay promptly backed the Russians
up, and for a time, the deal went forward, though tensions
between Keffer and Zagachin slowly escalated. Yeltsin was
re-elected in July; a September 2 deadline was established
for the first mutual fund. His regulators were threatened
with jail if it wasn't met.
In August, Vasiliev licensed Pallada's specialized depository
and registered two of its mutual funds. Seeing several other
global securities firms brushed aside, the Western financial
establishment in Moscow was agog.
With show time at hand, Keffer dug in his heels and refused
to name Zagachin to the top job. She quit and attempted to
shift $400,000 he had deposited for the specialized depository
into a bank account to which she had access.
Hebert and Hay, Shleifer and Zimmerman, then began a frantic
search for $400,000 with which to take Keffer out of
the deal -- a quiet solution to which he had agreed at the
urging of a Harvard-hired lawyer named Michael Butler. They
were ultimately successful when Hebert phoned Hay's father
in Idaho (who already had begun investing in Russian securities
on his son's behalf) and persuaded him to wire $200,000 of
his own money ands another $200,000 of his son's to Zagachin,
permitting her to become the depository's sole owner.
And all the while, Shleifer and Zimmerman and their son vacationed
with Summers and his family in Truro, on Cape Cod, as was
their annual custom. The year before, Summers had been named
to the number-two post at the Treasury, with oversight responsibility
for US economic aid to Russia.
But during a long walk up the beach with his protégé,
he could remember under oath years later giving only relatively
general advice and eliciting almost no information. "You've
got to be careful," Summers recalled telling his friend.
"There's a lot of corruption in Russia."
"It wasn't my habit to do U.S. Government business on
beaches," he told the assistant US attorney who was taking
his deposition.
McClintick found the only forthright explanation of what
the principals were thinking at the time (or at least saying)
in a lengthy quotation that culled from the sworn testimony
of Louis O'Neill, a Harvard Law School graduate who also worked
for Hay for a while.
Pallada continued to get preferential treatment
from the Russian government and Harvard for a time. In
December, Hay and Vasiliev recommended to the US Treasury Department
that it be included in its official Capital Markets Forum. In
February, 1997, Shleifer wired $200,000 from his and Zimmerman's
joint bank account, labeling it as a loan but not documenting
it.
Shortly after that, the situation in Moscow boiled over.
In his article, McClintick carefully traces the channels by
which various complaints flowed to Cambridge, where they were
ignored, and to Washington, where in April 1997, after a few
weeks' behind-the-scenes investigation, USAID abruptly shut
down the Harvard project.
The US attorney in Boston began its investigation a few months
later. In September 2000, the government sued Harvard,
Shleifer, Hay and their wives (Hay and Hebert having married
by then), seeking treble damages under the False Claims Act
-- as much as $120 million in the case of Harvard. The university
vigorously defended its team throughout.
The subsequent trial provided much of McClintick's documentation.
Harvard paid only $26.5 million for breach of contract in
the end, Shleifer $2 million for fraud, and Hay whatever he
could afford over the next ten years. Zimmerman's firm separately
had agreed to pay $1.5 million for inappropriate use of taxpayer
resources. Keffer sued Harvard in Maine and eventually settled
for an undisclosed sum -- but not before putting enough material
in the record in the Portland courthouse to insure that the
story later could be unraveled blow-by-blow.
When Summers returns to Cambridge from Davos, it will be
to a university more determined than ever to understand the
history of its failed Russia project. McClintick's article
will circulate hand to hand. The frustration among the faculty
that McClintick details will only grow. Some fellow
economist may yet come forward to defend Shleifer publicly
(instead of grousing anonymously that he has been treated
unfairly), but that hasn't happened yet.
It is Harvard's governing corporation which will continue
to oversee the matter. The seven member board perhaps will
pay special attention to the collapse of a determined mediation
effort by US District Court Judge David Mazzone. It broke
down two weeks after Summers was elected president, in March
2001, and before he recused himself in the matter, apparently
at the Corporation's request.
This was the point at which the bad outcome in court
was sealed. It's not that Harvard's many decisions under President
Neil Rudenstine and two of his provosts, Albert
Carnesale and Harvey Fineberg, don't deserve scrutiny. Their
team leaders had been caught cheating, but Shleifer denied
his guilt. So Harvard defended him to the hilt.
By 2001, however, the outlines of the situation were clear.
The men and women who hired Larry Summers could have hoped
that he would settle the matter advantageously
as possible for the university, on the terms outlined
by the judge.
Inexplicably, he did not.