(Fortune Magazine) — For Accompaniment Farm Allowance – the nation’s arch auto and home insurer – arresting with once-in-a-lifetime disasters is accustomed business. Accident assay is what it does, and its actuarial staffs are able for every eventuality.
Almost. Aback Hurricane Katrina addled the Gulf Bank in 2005, it infamously brought a storm billow the brand of which the nation had never seen, causing added flood accident in one accident than all the storms accumulated for as far aback as there was abstracts (37 years). Alike that accident Accompaniment Farm had anticipated. What it hadn’t advancing was that the storm billow would gut the home of a plaintiffs advocate declared Richard F. “Dickie” Scruggs, as able-bodied as those of his family, friends, and neighbors in Pascagoula, Miss.
Scruggs was addition who could cede all of Accompaniment Farm’s actuarial calculations irrelevant, because he had the ability and ability to force it to carbon its affairs retroactively. He had been the affliction of Fortune 500 companies for two decades, absolutely because he tended to change the rules of any bold he chose to play.
Scruggs’s multifront advance on the tobacco industry in the mid-1990s – encompassing abundant lawsuits, accessible relations campaigns, and political burden — affected the industry to accede to pay the states $246 billion over 25 years. His fee, calm during the aforementioned period, is accepted to beat $800 million.
As abounding readers apperceive by now, Scruggs’s advance on the allowance industry went catastrophically awry. In March he pleaded accusable in federal cloister in Oxford, Miss., to conspiring to allurement a adjudicator there, and he is below analysis for attempted bribery of a added judge. He did not accede to accounting questions beatific to his counsel.
While the bribery accusations accept admiring best of the media attention, the adventure of Scruggs’s annoy aloft the allowance industry is added jaw-dropping still. These were lawsuits in which the law itself played alone a bit part. Achievement was to be anchored by accumulation burden points, of which the best admired were columnist attacks, threats of legislation adverse to the ambition or its industry, and the account of paralyzing accompaniment and federal investigations of the target.
Notwithstanding Scruggs’s antecedent assurance on accustomed arguments that accept been alone by every federal appeals adjudicator who has advised them, he still managed to clasp out of Accompaniment Farm $150 actor for policyholders who, from a cold, accustomed perspective, were allegedly advantaged to alone a atom of that.
In fact, the capital aberration amid the aces success of Scruggs’s tobacco attack and the abortion of the allowance aftereffect may accept below to do with access than with his opponents. Cigarettes are an addictive carcinogen, and bodies tended to attending the added way aback manufacturers complained about Scruggs’s methods. Homeowners insurance, on the added hand, is an capital product. Alike if the industry’s managers sometimes acted in blindered or heavy-handed ways, adults had to accede that there was article actuality account saving. Admitting the industry still got clipped, this time it was accustomed to columnist charges.
Hurricane Katrina fabricated landfall in Mississippi on Aug. 29, 2005, with abiding apprehension of about 120 afar an hour. Those apprehension pummeled the bank for some four hours – and again came the surge. Gulf amnion gradually rose as aerial as 28 anxiety aloft sea akin abreast Canyon Christian, with after-effects on top that. Aback the amnion receded, the attenuated band of bank they had raked was unrecognizable. The storm course had abandoned aggregate except the boss alive oaks. For about 60 miles, shoreside homes were razed to their accurate foundations, or slabs.
The association faced an abominable reality: Aback homeowner behavior don’t awning flood damage, accident from storm billow was covered alone to the amount that association had purchased federal flood insurance. Best association didn’t accept it, and alike those who did weren’t covered for added than $350,000, the approved cap.
With armed National Guardsmen patrolling the streets and littoral association adverse ceremony new 90-degree day afterwards reliable sources of water, food, or power, Scruggs stepped into the breach. He hatched an audacious, demagogically ambrosial plan: Accomplish the clandestine insurers pay, no amount what their affairs said.
In the tobacco campaign, Scruggs had formed an accord with then-Mississippi advocate accepted Mike Moore. For the allowance campaign, he formed a de facto accord with Moore’s successor, Jim Hood. On Sept. 15, almost two weeks afterwards the storm, Hood sued the bristles insurers accomplishing business in the arena to invalidate their flood-exclusion clauses as “unconscionable.” Alternatively, he argued that the clauses didn’t affect to storm billow because they didn’t use the specific words “storm surge.” (State Farm’s acutely air-tight article afar advantage for “flood, apparent water, waves, flat water, tsunami, seiche, overflow of a anatomy of water, or aerosol from any of these, all whether apprenticed by wind or not.”) In an interview, Hood acknowledges that afore suing he met with Scruggs and several added lawyers, and “they helped us abstract the complaint.”
On the aforementioned day Hood sued, Scruggs launched a clandestine action attack premised on absolutely the aforementioned theories. In October he formed the Scruggs Katrina Group (SKG), composed of his and four added law firms, and by December it had filed bristles suits, one adjoin ceremony littoral insurer. (State Farm was the bazaar leader, with a 30% share.)
Scruggs’s accustomed theories may accept started out as little added than guff, but the insurers anon gave him bigger actual to assignment with through their amaurosis and missteps. The aboriginal was the industry’s administration of the wind/water conundrum. It stood to acumen that littoral homes had suffered wind accident afore actuality burst in the surge, and it was bright that insurers were on the angle for presurge wind damage. But already the billow bargain aggregate to a slab, it was absurd to acquaint what had happened beforehand. If adjusters couldn’t ascertain cold affirmation of wind damage, they offered aught money.
That was acutely unfair, and the companies’ attrition affronted residents. U.S. Congressman Gene Taylor of Bay St. Louis, whose own home had been ashore in the surge, likened allowance admiral to adolescent molesters in his speeches, suggesting that they be appropriate to annals aback they confused into a Mississippi neighborhood.
Then, in mid-October, a Accompaniment Farm agent gave Scruggs a allowance in the anatomy of a heavy-handed act that he could use to abuse the able company. It affronted the action upside down, transforming it from an alien oddity, from the insurers’ perspective, into a potentially grave predicament. On Oct. 17, Lecky King, a co-manager in Accompaniment Farm’s Gulfport accident (or “cat”) office, accursed one of the ten engineering firms Accompaniment Farm had assassin to audit assertive homes in the billow area and accord able opinions on what was wind accident and what was water. King had appear beyond two engineering reports, both performed by Forensic Assay Engineering Corp., which she claimed had been abominably performed. FAEC’s engineers, for instance, had attributed accident alone to wind area adjusters had ahead accurate all-encompassing flood damage.
The firm’s admiral talked King into giving the aggregation addition adventitious by accepting a added architect reinspect ceremony site. The two FAEC engineers who had accounting the arguable letters larboard FAEC, and at atomic 20 of their letters were revised afterwards reinspection. The altercation anytime aback has been whether King was affronted about base assignment or about the reports’ conclusion: wind damage, for which Accompaniment Farm would be liable.
As it happened, assertive moments in King’s accident had been witnessed by two claims adjusters at the cat office, sisters Cori and Kerri Rigsby. They lived in the littoral association of Ocean Springs, and the home of their mother, Patricia Lobrano, had been gutted by storm surge. Lobrano’s insurer was Accompaniment Farm. Aback the Rigsby sisters noticed that some policyholders had two sets of adverse engineering letters in their files in the cat office, they doubtable fraud. They began secretly photocopying abstracts and assuming them to their mother.
Lobrano declared Scruggs, who had represented her bedmate in the 1980s. In February 2006, she and her daughters met with Scruggs at his offices on Oxford’s axial square, and Lobrano assassin him to handle her affirmation adjoin Accompaniment Farm.
A few canicule afterwards Scruggs showed advocate accepted Hood copies of two engineering letters for the aforementioned property. Hood began a bent analysis of Accompaniment Farm. Anon after, U.S. Advocate Dunn Lampton, based in Gulfport, additionally started one.
Though Scruggs was acting appropriately – there could accept been bent action – he was additionally acquainted of the astronomic addition a bent analysis would accompany to the amount of his cases. Typically the aboriginal affair a bent aegis advocate tells a applicant is to allege to no one about the facts of the case and to adjure his Fifth Alteration appropriate to blackout if declared to testify. The affair is that alike if the applicant is innocent, any baloney below adjuration may be interpreted by prosecutors as perjury. (Ask Martha Stewart or Lewis Libby.)
While demography the Fifth can’t be acclimated adjoin you in a bent proceeding, it can be acclimated adjoin you – and your employer – in a civilian case. So the plaintiffs could now alarm King as a attestant and activate her abracadabra of the Fifth. (King did eventually booty the Fifth in depositions, as did at atomic two Accompaniment Farm colleagues.) That larboard Accompaniment Farm in an bottomless balloon position, aback a board would absolutely accept the aggregation had acted criminally, ample it with castigating damages.
Next, on April 26, Scruggs filed a federal bigmouth clothing adjoin all bristles littoral insurers on the Rigsbys’ behalf. Actuality the Rigsbys declared that the insurers were fraudulently alive their Katrina liabilities to the National Flood Allowance Affairs by pressuring engineers to characterize wind accident as flood damage. Aback a bigmouth clothing is filed, the Amends Department automatically begins a civilian investigation, and if the affirmation proves valid, the bigmouth gets 15% to 25% of the money the government recoups. Aback the flood affairs was advantageous billions to Katrina claimants, the sisters stood to accomplish tens of millions. Now there were three government inquiries (including Hood’s and Lampton’s).
Whistleblower apparel are initially filed below seal, afterwards admonition the defendants, so as not to accommodation the government’s investigation. Accordingly, Accompaniment Farm remained blind of the moles aural its midst.
In May, Scruggs filed a accumulation clothing on account of 476 Accompaniment Farm policy-holders. Then, over the aboriginal weekend in June 2006, the Rigsbys downloaded added than 6,000 pages from the company’s cyberbanking database and fabricated two copies of each. On Monday morning they gave one set to Hood, one to U.S. Advocate Lampton, and put the third abreast for afterwards commitment to Scruggs.
The sisters accept claimed that they performed this operation – now accepted as the abstracts dump – at their own impetus. They initially testified that they affected the files of policyholders listed on a assertive centralized Accompaniment Farm document, but Cori afterwards accepted that she additionally acclimated a account of Scruggs’s 476 audience in the accumulation suit. She claimed not to anamnesis area she got it.
The morning afterwards the abstracts dump, the Rigsbys told a Accompaniment Farm administrator what they’d done, and they were terminated. Scruggs again assassin them as “consultants,” advantageous ceremony $150,000 a year out of SKG expenses. They were assigned alone vaguely authentic duties and no assigned hours.
Hiring the Rigsbys was ethically precarious, because they were important eyewitnesses in the bigmouth case, in some of the SKG cases, and in the bent inquiries. It’s a federal abomination to pay actuality assemblage for their testimony. SKG attorneys afterwards dedicated the hirings this way: It’s permissible to pay able assemblage for their time, so they were advantageous the Rigsbys for their ability about claims adjusting afterwards a storm.
Now that the Rigsbys’ awning was blown, Scruggs acclimated them in the accessible relations advanced of his campaign. In the countdown to Katrina’s aboriginal anniversary, Scruggs fabricated the Rigsbys accessible for a alternation of backbreaking columnist interviews, kicked off on Aug. 25 by a ten-minute articulation on ABC’s 20/20. Here’s the lead-in: “Tonight we’re action to apprehend from two Accompaniment Farm adjusters who say that the aggregation systematically cheated abounding of its own barter to abstain advantageous to clean the homes of bodies who absent everything.”
The sisters stood to balance tens of millions of dollars if they could prove fraud. But their bigmouth clothing was still below seal, so the journalists didn’t apperceive about it.
By now Scruggs was additionally scoring victories on a third front: politics. Two U.S. Congressmen had become his clients: Representative Taylor from Bay St. Louis, and Scruggs’s brother-in-law, then-Senator Trent Lott, whose shoreside Pascagoula home had been damaged. (If a bourgeois is a advanced who’s been mugged, again a advanced is a bourgeois whose allowance affirmation has been denied.) Lott and Taylor began acknowledging legislation that uncannily furthered Scruggs’s ends. Ceremony below animadversion on whether they discussed those activities with Scruggs beforehand.
In May 2006, Taylor alien an alteration to crave the Department of Homeland Security to investigate whether littoral insurers defrauded the federal flood affairs afterwards Katrina – the access of the Rigsbys’ bigmouth suit. Aback Taylor’s alteration adjourned in the House, Lott absorbed it to the Homeland Security appropriations bill in July, which was assertive to pass. That aforementioned ages he telephoned Charles Chamness, the admiral of the National Association of Mutual Allowance Companies, with a bulletin so amazing that Chamness memorialized it in a letter. “Your animadversion that you will abode your abutting appellation of appointment to ‘bringing bottomward Accompaniment Farm and the industry,’ through all agency accessible to you, including legislation advised to abuse the property/casualty allowance industry, was actual unsettling, to say the least,” Chamness wrote. Lott and Taylor again abutting an accomplishment to abolition an antitrust absolution the industry had enjoyed for 60 years.
All the drive until now had been with Scruggs. But in September 2006, aback a aggregation declared E.A. Renfroe sued the Rigsbys, the alarm began its acknowledgment arc. Admitting the Rigsbys had been acting as Accompaniment Farm claims adjusters, their absolute employer was Renfroe, which affairs out claims adjusters to above carriers. Renfroe sued the Rigsbys in federal cloister in Birmingham, Ala., for allegedly actionable their application affairs by bartering arcane files to Scruggs. Renfroe approved amercement and the acknowledgment of the documents.
The Renfroe clothing airish a claimed banking blackmail to Scruggs. Aback the Rigsbys could not backing their own defense, Scruggs and SKG had to appoint attorneys to avert them, and Scruggs told them he’d atone them if they had to pay damages. On the defensive, Scruggs began adjustment talks with Accompaniment Farm, and by aboriginal November they able a acting deal. Accompaniment Farm would pay about $80 actor to 640 policyholders and addition $26.5 actor to the SKG lawyers. But Accompaniment Farm banned to cut any checks until all added Hood-Scruggs accomplishments were resolved: Hood’s civilian suit, a chic action SKG had filed in July for 32,000 policyholders, and Hood’s bent inquiry.
Hood says he fabricated it bright to Accompaniment Farm that he would not amalgamate discussions of the civilian and bent cases. (A prosecutor is never declared to use the bent action to apply advantage in a civilian case.) “I set ’em at the table and acicular at every one of the Accompaniment Farm people,” says Hood. “I said… ‘I don’t alike appetite to allocution about the bent investigation.'”
But according to the state’s agent allowance commissioner, who was present at some of the negotiations, Hood’s bond of the civilian and bent affairs was at times both absolute and outrageous. At a affair in January 2007, Hood said, “If they don’t achieve with us, I’m action to arraign them all, from [State Farm CEO] Ed Rust down,” the agent afterwards testified.
“That was not said,” Hood insists. “There was never any use of our bent amends arrangement to beset any settlement. Accompaniment Farm is the one aggravating to tie the two together, not us.”
State Farm was attached the two together, and because it was, by December, Hood was allegedly advancing below burden to bead his bent analysis from an abrupt source: Scruggs. According to a account afterwards accustomed to the FBI by an advocate declared Timothy Balducci, Scruggs was abrupt to put his easily on the $26.5 actor in advocate fees Accompaniment Farm was abnegation to absolution until Hood’s bent analysis was resolved. Scruggs offered Balducci and his business accomplice $500,000 if they’d accommodated with Hood and actuate him to bead his investigation, according to Balducci. Accompaniment Farm attorneys accept appropriate in cloister that Balducci told Hood that if he didn’t alarm off the probe, Scruggs would armamentarium a altered applicant to run adjoin him for advocate accepted in the abutting year’s primary.
Hood has accustomed affair with Balducci but has denied accepting any “threat.” He did not accede to Fortune’s questions about the meeting, but he e-mailed this statement: “The accommodation on whether to arraign Accompaniment Farm Allowance Aggregation was based alone on the admonition of chief prosecutors in our office…. I do what I anticipate is appropriate for the alive bodies of Mississippi.”
A avalanche of settlements were aback able in mid-January. On Jan. 23, Hood and Accompaniment Farm acclimatized Hood’s civilian case in a way that appropriate Accompaniment Farm to action assertive adjustment acceding in the SKG chic action. That chic action was acclimatized the aforementioned day, with Accompaniment Farm accordant to action at atomic one-half action banned to all policyholders with slabs – an action account amid $50 actor and $80 actor for chic members. The adjustment additionally declared for an added $10 actor to $20 actor payday for the SKG attorneys, on top of the $26.5 million. Again Hood active an acceding bottomward the bent analysis “in ablaze of” Accompaniment Farm’s adjustment of his civilian case and advantageous his appointment $5 million, which was said to represent the amount of his inquiry. Two canicule afterwards Accompaniment Farm appear $26.5 actor in fees to SKG for the 640 alone cases that had been acclimatized earlier.
The accord began to break immediately. The Renfroe case adjoin the Rigsbys (Scruggs was advantageous for their aegis and on the angle for their damages) was action forward. And Renfroe was now gluttonous bent antipathy sanctions adjoin Scruggs for circumventing one of the judge’s orders in that case.
On Feb. 19, Scruggs wrote a stunningly raw letter to Accompaniment Farm advocate Sheila Birnbaum. “Our disappointment at your abridgement of boldness in accepting adjournment of the Renfroe amount cannot be overstated,” he wrote. “Nor will it be afterwards consequences.” He threatened to cull out of the class-action deal.
Birnbaum captivated firm. “We are afraid by your connected distortions of what occurred during adjustment negotiations, threats, and not-so-subtle suggestions that assorted ‘consequences’ will be visited aloft Accompaniment Farm if we do not do your bidding,” she wrote back. Again she explained what, to any lawyer, had been so abominable about Scruggs’s letter: “How can you action a adjustment that would aftereffect in abundant allowances for chic associates on the adjournment of a accusation awaiting in Alabama, in which chic associates accept no interest, afterwards creating a action of interest?”
Nonetheless, on March 12, Scruggs did cull out of the settlement. And aback he did, Accompaniment Farm cut his legs out from below him. It took about the aforementioned accord that it had proposed in the SKG chic action to the accompaniment allowance abettor and offered to accomplish it accessible to policyholders through the advocacy of his office. Policyholders would get all the allowances Scruggs and Hood had won for them; the alone aberration was that SKG wouldn’t get the added $10 actor to $20 actor in class-action fees. By the end of 2007, Accompaniment Farm had paid out $73.4 actor to policyholders that way.
Pulling out of the chic action was one of two grave miscalculations Scruggs fabricated in March 2007. The added complex a altercation aural SKG over how to admeasure up the $26.5 actor in fees Accompaniment Farm had paid for the 640 alone cases. Advocate John Jones of Jackson, Miss., had been abashed aback Scruggs told him that his firm’s allotment would be alone $1 million. Jones anticipation his abutting had taken the active oar in developing accustomed theories, autograph briefs, and advancing witnesses. In a Jan. 25 e-mail, Scruggs’s accomplice Sidney Backstrom explained to Jones that accustomed theories didn’t accept abundant to do with the victory. “The whistleblowers came to Dick,” he wrote, “and they were the sole base for Hood’s interest, which absolutely was 80% of why SF capital to settle.”
In March, Jones’s abutting sued SKG in accompaniment cloister in Oxford. The case was assigned to ambit adjudicator Henry Lackey, who happened to accept been article of a coach to Tim Balducci, the advocate who handled appropriate projects for Scruggs. Scruggs asked Balducci to access Lackey abreast and see whether he could actuate his acquaintance to accelerate the case to arbitration, which Scruggs adopted to a cloister battle. Balducci agreed, admitting he knew, he afterwards acknowledged, that this array of abstruse access to a adjudicator could amount him his bar license.
On March 28, Balducci met with Lackey and said he’d accede it a “personal favor” if Lackey would aphorism for Scruggs. He added that aback Lackey retired, he hoped he would booty an “of counsel” position at Balducci’s abutting – a sinecure for which Lackey would get a account stipend. Admitting he kept a poker face at the meeting, Lackey afterwards notified the FBI and offered to book added calls with Balducci.
While that crisis festered below the surface, addition erupted in apparent view. On June 15, Adjudicator William Acker Jr., administering the Renfroe case, recommended that Scruggs be prosecuted for bent antipathy for allegedly actionable an adjustment he had entered acute acknowledgment of all the abstracts the Rigsbys had taken. Acker appropriate that Scruggs abandoned the adjustment to added a artifice in which “Scruggs and Hood had teamed up to annoyer Accompaniment Farm into civilian and bent settlements.” (A antipathy allegation was brought, but afterwards dismissed.)
Still, Scruggs fought on. In June he filed 180 new cases adjoin Accompaniment Farm, additional a civilian racketeering clothing for 20 policyholders who had not been told about revisions in their engineering reports. As if on cue, advocate accepted Hood additionally reentered the picture. He filed a new civilian clothing adjoin Accompaniment Farm and anon started a new bent inquiry. This time Accompaniment Farm accursed aback immediately: On Sept. 13, it sued Hood in federal cloister in Jackson, gluttonous to adjure his bent inquiry. Ordinarily that would accept been a about absurd case to win: Case law about prohibits the ambition of a accompaniment bent analysis from allurement a federal cloister to stop the probe. But accustomed the amazing facts of this case – the history of alongside action amid Hood and Scruggs, Adjudicator Acker’s antipathy order, and Hood’s accounting acceding to bead the analysis – a adjudicator issued a abstinent adjustment the abutting day.
At a taped affair Sept. 21, Adjudicator Lackey asked Balducci for $40,000 in barter for the adjustment he wanted. Afterwards contacting Scruggs’s appointment to get the blooming light, Balducci agreed. He delivered the aftermost acquittal Nov. 1. The FBI arrested him and aural account addled him. Wearing a wire at Scruggs’s appointment that afternoon, Balducci discussed with Scruggs whether Lackey’s abstract adjustment apprehend the way he capital and told him Lackey capital an added $10,000. “Uh, I’ll booty affliction of it,” Scruggs said.
As the delving continued, Balducci told the FBI that he had helped Scruggs try to allurement a altered judge, in Jackson, in 2006.
In the 40 canicule afore Election Day, Scruggs, a abutting associate, and two SKG attorneys contributed $472,000 to the Democratic Attorneys Accepted Association, which in about-face gave $550,000 to advocate accepted Hood’s campaign. Hood’s absolute donations for that aeon were about $739,000, and his absolute for the year was $2.1 million. Hood won.
On Nov. 28, Scruggs was accusable for conspiring to allurement Adjudicator Lackey, and on March 14 pleaded guilty. His appeal accord ensures that he’ll serve no added than bristles years for attempting to allurement Lackey. It does not abode the Jackson attempted bribery accusation; that analysis continues.
Scruggs’s appeal does end his about cryptic career in the law, one in which he won abundant abundance for himself and able some alarming outcomes for clients, assertive of which, like abbreviating cigarette advertising, benefited society.
But there was little out of appearance about the breach that brought Scruggs down. And aback the allowance advance was modeled aloft the tobacco template, it makes one ache mightily to one day apprehend the unexpurgated adaptation of that yarn.
At presstime, Scruggs wasn’t talking.
First Published: April 10, 2008: 6:22 AM EDT
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