Hurwitz Fraud Trial Begins

Based on the manipulated data, Cotchett continued, Hurwitz’s plan was approved by the CDF. “And what Mr. Hurwitz does is he goes to the marketplace and says he has a plan that will allow him to cut $700 million worth of trees, and he borrows more money.” Cotchett said, which meant increased loan payments. “The mantra in the forest was ‘cut trees.’”

Hurwitz attorney Jim Bennett pointed out to the jury that the United States, co-purchaser of the Headwaters Forest, was not a party in the suit — a key fact, because it was the entity that was allegedly defrauded.

He also said that at no time did Hurwitz misrepresent or falsify the sustained yield plan or a habitat conservation plan, and furthermore, it was the plaintiff Wilson who signed off on the Sustained Yield Plan when he was director of CDF.

“Former employees of Pacific Lumber will testify under oath that they in no way tried to defraud the United States of America,” Bennett said. “And Mr. Hurwitz will testify to his moral certainty that at no time did he set out to defraud the United States of America.”

In fact, Bennett said Hurwitz was instrumental in creating the Headwaters Forest Reserve, now protected public lands. “Since the 1960s, there had been attempts to put that land into public ownership,” Bennett said. “To his credit, Mr. Hurwitz made that deal happen.”

Hurwitz’s 22-year reign over Pacific Lumber was characterized by controversy and protest over his aggressive clearcutting of ancient redwood forests in Humboldt County. Shortly after the hostile takeover in 1986, Hurwitz threw out the sustainable logging principles that the lumber company had lived by since the 1940s and more than doubled the number of trees that were being cut annually in order to pay off the huge debt he had taken on to buy the company.

In 2007, the crushing $714 million debt Hurwitz’s Maxxam Corp. had laden onto Pacific Lumber forced the 144-year-old company to file for bankruptcy. In 2008, the Fisher family of San Francisco — founders of The Gap and other chain stores and owners of the Mendocino Redwood Company — won a hard-fought battle in bankruptcy court, taking control of Pacific Lumber and renaming it the Humboldt Redwood Company.

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