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Henry Tan - PHOTO BY LAU YUK
LAM
The island of Saipan has been very good to Tan
Siu-lin and his children.
In just two decades, this Hong Kong family has built a business empire there
encompassing an airline, a sea freight line, a large fishing fleet, a newspaper
and ventures in insurance, logistics and many other sectors. It is an empire
whose prosperity has been maintained through an intricate web of money-fueled
connections to powerful figures in the United States.
Family companies Tan Holdings and Luen Thai Holdings are together the leading
players in the island's two main industries, garment production and tourism, as
well as Saipan's biggest employer and taxpayer.
The Tans' success in the Pacific, 3,400 kilometers east of Hong Kong, flows from
Saipan's status as what amounts to a special economic zone of the United
States. Goods manufactured on Saipan and fellow members of the Commonwealth of
the Northern Ma-riana Islands (CNMI), as US territories, can be sent to the US
mainland free of tariffs and quotas. At the same time, the commonwealth has
autonomy over its immigration, customs, taxes and minimum wage levels.
The Tans exploit this duality by importing thousands of young women from China
and other Asian countries to work in their factories and hotels at starting
wages 40 percent below the US federal level. The Chinese women sew Chinese-made
cloth into "Made in USA'' clothes for Polo Ralph Lauren, Liz Claiborne and
other top brands. Luen Thai produced 26.7 million knit shirts and other items
of clothing on Saipan last year.
It's a cozy, profitable arrangement which the Tans have been keen to protect
from meddlesome mainland US officials and legislators. Over the last decade,
the Tan family and their companies have spent at least US$200,000 (HK$1.6
million) on lobbying and contributions to Washington political campaigns.
More significantly, the commonwealth government and Saipan business associations
invested more than US$11.5 million between 1995 and 2002 to lobby in Washington
against changes to the islands' status.
This lobbying effort, directed by conservative Republican Jack Abramoff, is now
the focus of intense scrutiny in the United States. Since last year, the FBI,
the Justice Department, a Senate committee and other agencies have been
investigating alleged improprieties in Abramoff's lobbying on behalf of several
Native American tribes.
Attention has turned towards Saipan. The Republican chairman of the House
Resources Committee last month asked the Justice Department to look into
possible criminal acts committed while Abramoff represented Saipan, including
an alleged failure to fully account for fees received and interference in the
election of the speaker of the commonwealth legislature.
Much of Abramoff's power stemmed from his close ties to Texas Republican Tom
DeLay who, as majority leader, is the second most powerful member of the US
House of Representatives. Through Abramoff, Willie Tan, who directs the
family's ventures in Saipan, also became buddies with DeLay.
The simmering scandals in Wash-ington have cost Abramoff his job at a lobbyist
law firm. He is now the target of a grand jury investigation concerning his
tribal lobbying and was indicted this week on unrelated fraud charges in
Florida. DeLay is under mounting pressure to resign.
Henry Tan, who as chief executive of Luen Thai and vice-chairman of Tan Holdings
heads up the Hong Kong side of the family empire, declined repeated requests
for an interview to discuss the Abramoff controversy.
For the Tans, the lobbying and donations were effective. Repeated moves by the
Clinton administration and congressmen to change Saipan's status floundered.
Luen Thai turned a profit of US$30.4 million in 2004 as its core operation
remained in Saipan sewing clothes for the US market.
Tan Siu-lin, father of Henry, William and four other children, moved the brood
from Hong Kong to Guam in 1972 to venture into shipping, real estate and movie
distribution. The family business headquarters moved to nearby Saipan in 1983
after the elder Tan opened a sweater factory.
It was the island's first clothing factory and was followed by dozens of others
opened by the Tans and companies from South Korea, Taiwan and China. Workers
from the Philippines, Bangladesh, Thailand and other Asian nations poured in
and quickly outnumbered native residents.
US labor inspectors eventually came poking around. In 1991, the US Labor
Department sued six Tan companies for paying 1,350 mainly Chinese workers less
than Saipan's minimum wage and forcing them to work up to 90 hours a week
without overtime pay.
The US Occupational Safety and Health Administration (OSHA) levied more than
US$240,000 in fines against the six Tan companies the next year for violations
including locking and block-ing fire doors and other unsanitary and hazardous
conditions in the factories and dormitories such as lack of ventilation, filthy
toilets and overcrowding. Though regulations required 100 square feet of living
space per worker, in-spectors found six people sharing a 190-square-foot room.
In the wake of the overtime complaint, clothing giant Levi Strauss conducted its
own check on the Tans' labor practices, then broke off its purchasing from
them. US retailer The Gap halted further orders.
The Tans eventually settled the overtime suit without admitting wrongdoing by
agreeing to pay the workers US$9 million. They settled the health and safety
charges by pledging US$1.3 million in renovations and paying a US$76,000
penalty.
Saipan's sojourn in the Washington spotlight had just begun. In 1992, George
Miller, a Democratic con-gressman from California and then chairman of the
House Resources Committee, convened the first of several hearings to probe
labor abuses on the island and consider possible changes to Saipan's legal
status, such as extending the federal minimum wage or immigration controls or
curtailing the privileged status of the island's exports.
The Tans and their fellow Saipan garment makers realized they needed friends in
Washington. Commonwealth governor Froilan Tenorio, a Republican, hired
Abramoff, who had recently joined the law firm of Preston Gates Ellis, to rally
the defense.
Years spent running conservative political groups had brought Abramoff close to
many newly ascendant Republican congressional leaders, especially DeLay.
Abramoff augmented those friendships with campaign contributions.
He zealously took to the garment makers' cause. An Orthodox Jew, he compared
proposals to alter Saipan's status to laws adopted by Nazi Germany to strip
Jews of their citizenship and civil rights.
His favored tactic was organizing trips to the island for congressmen, their
staff and families, conservative comm-entators and think-tank researchers. The
delights of free travel to a remote, beach-fringed tropical island were an easy
sell in the busy US capital. With rounds of golf, snorkeling and daiquiris
thrown in, the garment makers made dozens of friends.
"There is no doubt that trips to the CNMI are one of the most effective ways to
build permanent friends on [Capitol] Hill and among policy makers in
Washington,'' Abramoff wrote in a 1998 strategy memo.
DeLay was Abramoff's most prominent guest. Later calling Saipan "my Galapagos
Island ... a perfect petri dish of capitalism,'' DeLay spent the 1998 New
Year's holiday on the island with his wife, daughter, several aides, and
Abramoff.
Willie Tan hosted a dinner in DeLay's honor. .
On his return to the US mainland, a Houston Chronicle reporter queried
DeLay about the wisdom of partying with Tan, given the family's regulatory
troubles. He said he had "no problem at all'' with accepting Tan's hospitality.
He said that conditions in a Tan-owned dormitory he saw were a bit lacking, but
added: "He's cleaning up his act if his act was unclean.''
Some time later, Tan told a human rights activist posing as a clothing buyer
that DeLay had given a personal pledge to block any reform proposal. "I make
the schedule of the Congress and I'm not going to put it on the schedule,'' Tan
quoted DeLay in a conversation secretly taped by the activist.
The Senate unanimously passed a bill in February 2000 to extend federal
immigration controls to the commonwealth. DeLay rose to the occasion, blocking
the House version of the bill from ever coming to a vote.
Questions are mounting about how the guests' trips to Saipan were paid for. The Houston
Chronicle reported at the time that DeLay's trip was covered by the
commonwealth and the Saipan Garment Manufacturers Association.
Recent investigations by Associated Press and the New York Times have
uncovered documents showing that Abra-moff fronted some trip expenses for his
congressional guests with his credit card.
That may have violated congress-ional rules then in force and the
in-vestigations turned up an e-mail from Abramoff to a commonwealth official
urging the government to repay him quickly because the House Ethics Committee
was "watching the trips closely.''
Two congressmen who traveled to Saipan in January 1997 filed reports saying that
a nonprofit group called the National Security Caucus Foundation sponsored
their visits to the island. The former head of the foundation, which once
counted Abramoff as a director, told AP that his organization didn't pay for
the trips and that Preston Gates officials told him the commonwealth would
initially do so and then "be reimbursed by the private sector.'' The uncovered
documents show instead that Preston Gates initially covered the ex-penses.
The law firm's invoices piled up. Preston Gates reported billing the
commonwealth US$1.98 million in 1997, a lobbying fee exceeded that year only by
major US cigarette makers, according to the Center for Responsive Politics.
The firm's reports may only tell part of the story. Congressman Miller pointed
out in a letter addressed to US Attorney General Alberto Gonzales last month
that commonwealth accounts show US$1.6 million more in payments to Preston
Gates in 1996-2001 than Preston Gates reported receiving in its filings. A 1999
commonwealth audit found US$3.4 million of the payments made to the firm to be
unlawful, as they covered services performed during periods when no contract
was in place.
The firm's invoices pushed the commonwealth's budget deep into the red.
To stop the hemorrhaging, Democratic governor Pedro Tenorio curtailed Preston
Gates' lobbying in late 1998. To keep Abramoff on its side, the Saipan Garment
Manufacturers Association teamed with the local hotel association, the Saipan
Chamber of Commerce and the CNMI Contractors Association to form the Western
Pacific Economic Council. The new group paid Preston Gates US$2.4 million in
1999 and 2000.
According to public records, that was as close as the Tans got to directly
funding Abramoff's lobbying. Willie Tan, however, did play a role in Abramoff's
work, as documented in an e-mail sent in January 1998 by the lobbyist to Tan
and two senior lieutenants, Eloy Inos and Benigno Fitial, detailing planned
lobbying strategy.
"I composed this e-mail before receiving Willie's e-mail concerning the budget
for the representation,'' wrote Abramoff. Later he referred to past comments by
Tan about the need for extensive preparation for upcoming congressional
hearings.
After the memo was leaked to the press, Abramoff told one reporter: "We don't
have a relationship with Tan and we never will.''
Tan Holdings retained its own lobbyist in Washington from 1997 to 1999, a man
named Ralph Nurnberger. His filings with the Senate show he billed Tan Holdings
US$120,000 to lobby Congress on immigration issues, including US$20,000 for the
first half of 1999 when he reported no activity on behalf of the company.
Senate records show that while maintaining his own firm, Nurnberger &
Associates, Nurnberger also worked with Preston Gates on various lobbying
accounts, including those of the commonwealth and the Western Pacific Economic
Council.
Abramoff eventually won back his commonwealth lobbying contract after Fitial,
the Tan Holdings lieutenant addressed in the strategy memo, left the company
and won election to the commonwealth legislature in 1999. He emerged as the
speaker after two former top DeLay aides flew to Saipan and promised two
legislators they would secure federal funding for infrastructure projects in
their districts.
When Abramoff left Preston Gates in late 2000 for the firm of Greenberg Traurig,
he took along the commonwealth account.
In the meantime, Congress ceased to be the main battleground for the garment
makers. In January 1999, a US garment workers' union and several activist
groups orchestrated the filing of three lawsuits in US courts targeting the
Saipan factories and their major US customers and demanding US$1 billion in
damages on behalf of Saipan's foreign workers.
One group then publicized a mass food poisoning case in March involving 1,100
workers at two Tan factories.
Tan Holdings and Luen Thai re-sponded by announcing a "social responsibility''
program to upgrade treatment of their workers. In 2002, the companies agreed to
chip in US$2.2 million towards a US$20 million legal settlement of the
lawsuits.
Since the break with DeLay, the Tans have turned their attention to other
potential Washington benefactors. Henry and Josie Tan each donated US$1,000 to
George W Bush's 2000 campaign. In October 2002, two family companies on Saipan,
the L&T Group and Global Manufacturing, each sent US$25,000 to the National
Republican Senatorial Committee. A third, Concorde Garment Manufacturing, sent
US$25,000 to the National Republican Congressional Committee.
In the run-up to last year's US federal election, Tan Siu-lin, his five sons and
Josie Tan donated a total of US$13,000 to Bush. Son Jerry has also contributed
US$4,000 to individual congressional campaigns. Meanwhile, former employee
Fitial is gearing up to run for commonwealth governor in the fall with Tan
support.
Sometimes Tan family members recorded a Hong Kong address on their donations,
sometimes one in Saipan. Federal campaign regulations mandate that only US
citizens or permanent residents can legally donate. Luen Thai's IPO prospectus
says that Henry and brother Raymond are Chinese nationals living in Hong Kong.
DeLay, however, is speaking well of his erstwhile buddy, Willie, again. In a
recent interview with a Texas newspaper, DeLay parried queries about the
family's regulatory troubles in Saipan.
"Certainly, when you look at a big operation like Willie Tan has, you can find
anything,'' he said. "But in general, what was going on there was legitimate
and straightforward.''
zach.coleman@singtaonewscorp.com
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