All in the family
The Fangs got $66.7 million
to keep the San Francisco Examiner alive. Instead, they turned
it into a family piggy bank and political tool -- and alienated their
employees and much of the city.
By Tali Woodward
IT'S JULY 2002 . Florence Fang, the matriarch of San Francisco's
most talked-about publishing family, descends from her eighth-floor
office at the San Francisco Examiner, the paper she took control
of almost two years earlier. She heads for the desk of eye patch-wearing
columnist Warren Hinckle, who made his reputation working for Ramparts,
the left-leaning 1960's magazine, but now writes political screeds more
in line with the Fangs' conservatism.
Fang, who is 68, is tiny and often silent in public. She has a beautiful,
expansive face, but an eerie, even icy, composure. Those who know her
well say the dignified appearance cloaks a vicious temper she doesn't
hesitate to direct at her sons. She's not above throwing things when
angry.
Assistant managing editor Jim Mohr and at least one other employee
hear Fang yelling through the bars of the jail-cell gate Hinckle has
installed across his office doorway.
"Why isn't the mayor taking my phone calls?" she demands,
referring to Willie Brown, her family's most visible political ally.
Hinckle mumbles that perhaps the mayor is otherwise occupied. Fang continues
on a tirade, ranting about how the mayor bowed out of MCing Bay to Breakers,
the local footrace sponsored by the Examiner, and even chose
her rival, Rose Pak, to help host Hu Jintao, a high-ranking official
from China who has since become president.
"We got the Examiner to be Willie's paper," she says
with obvious pain. "I wanted it to be Willie's newspaper."
When the news broke in March 2000 that the Fang family was taking over
the Examiner from Hearst Corp. mollifying the U.S. Justice
Department's antitrust concerns about Hearst's purchase of the San
Francisco Chronicle many people wondered what, exactly, the
Fangs were up to.
It was, to put it mildly, an odd deal. The Fangs paid exactly $100
for the name, Web site, news racks, and archives of the onetime flagship
of the Hearst empire, the self-proclaimed "Monarch of the Dailies."
And Hearst agreed to reimburse them up to $66.7 million for running
the paper through July 2003. The transaction almost certainly wouldn't
have happened without the backroom wrangling of key local politicians,
including Brown and Sen. Dianne Feinstein.
Still, it had the potential to spawn another daily paper for San Francisco,
a place that for many years has been without the kind of comprehensive,
stimulating newspaper residents say they want. It could have restored
daily newspaper competition in the city for the first time since the
Chron and Ex merged business operations in 1965. And it
could have created the first successful Asian American-owned big-city
daily in the United States.
But there was a major obstacle: some members of the family, it turned
out, were more interested in making money and expanding their political
clout than in establishing a strong newspaper that might live beyond
the subsidy.
It's hardly news that the Examiner has had problems numerous
local and national media accounts have chronicled the paper's bungled
start-up and relentless personnel issues. But interviews with 28 former
employees and a review of more than 3,000 pages of internal company
papers, related legal documents, and government records show the news
accounts so far haven't come close to conveying the turmoil at Sixth
and Market.
In short, Florence Fang probably shouldn't have been wasting any time
fretting about the mayor's failure to return her phone calls. She had
much bigger problems to worry about.
By 2002 the Examiner, which was supposed to elevate the family
to new spheres of power and influence if not wealth was
a disaster. Journalistically, the paper had been almost entirely discounted,
despite the fact that its scrappy local coverage sometimes eclipsed
the Chronicle's. Editors had cycled through and more than 35
newsroom staffers had quit or been fired. Half a dozen company executives
had left on terrible and sometimes expensive terms. Advertising
was spotty at best, the paper had no credible circulation figures, and
hardly anyone in town believed it was going to survive when the Hearst
cash ran out.
Also, the Fangs were using the paper as a family piggy bank.
In 2001 alone the Examiner paid more than $1 million in salaries
to family members. Even more was spent on the Fangs and their friends,
including $7,500 on business suits for Examiner president James
Fang and $1.3 million in rent to family members for the paper's office
space. Money from Hearst, which was meant to be used exclusively on
the Ex, was also augmenting other Fang-owned enterprises.
Meanwhile, the Fangs turned the paper into a political pamphlet for
their allies. At one point, James Fang even distributed a list of eight
public officials whom staffers were forbidden to criticize in print
including the mayor, the district attorney, the police chief,
and local representatives to Congress (See "The Untouchables,"
page 20). Edicts such as this, which run contrary to accepted journalistic
ethics, decimated newsroom morale.
In spite of all of the unorthodox, ethically dubious, and questionably
legal practices, money was still tight. Florence fired her son Ted
and installed herself as publisher when she found out how much
money he'd spent on the Ex during its first year. And as the
paper's finances grew increasingly bleak, she offered her Hillsborough
home as collateral on a loan.
"I don't see how anybody in America could squander $66 million
that fast," Mohr, who worked at the Examiner for more than
a year, told us.
Politics unusual
Florence Fang came to the Bay Area from Taiwan with her new husband,
John, in 1960. Originally from Shanghai, John had studied journalism
at UC Berkeley during an earlier stint in the United States. He opened
Grant Printing and set about producing guides to Chinatown for English-speaking
tourists, then became publisher of the Young China Daily, a Chinese-language
paper funded by Taiwan's ruling political party, the Kuomintang. In
1979, John started Asian Week, a free English-language paper
for the city's growing Asian American population. Using the profits,
in the 1980s he bought the Independent, then a neighborhood paper
published out of West Portal, and expanded it into a free citywide paper
full of grocery store advertisements and delivered to homes three times
a week. He also purchased a group of community papers on the peninsula.
As Fang expanded his businesses, he forged friendships with public
officials. And though he was a committed Republican, he became close
with liberals including now-senator Dianne Feinstein and John Burton,
president pro tem of the California State Senate. He also cultivated
a relationship with Jack Davis, the ostentatious political consultant
famous for his brilliant strategizing and flamboyant lifestyle.
"It was an odd couple to be sure," Davis told us. "A
Shanghai-born Chinese man and an openly gay man. But the friendship
grew and flourished. When I was in town, we had lunch about once a week.
I think I was the only non-Chinese American hand to carry his casket
to its final resting place." Rep. Nancy Pelosi was one of the speakers
at John's 1992 funeral.
With the death of John, whom Davis described as "the moral compass
of the family," his businesses and political relationships
were left in the hands of his widow and their three sons.
Florence Fang, who had worked as a United Parcel Service clerk when
the Fangs first came to the United States, became a quiet political
force. For a time she had breakfast with Mayor Brown on a weekly basis.
She served on the first President Bush's Small Business Advisory Council
and was recently named a woman of the year by Lieutenant Governor Cruz
Bustamante.
Despite the recognition, she took pains to avoid the media. But people
who'd once considered her reserved and mild mannered began to see a
more ruthless side and a pronounced interest in fame and status.
Many of the family's political aspirations were pinned to eldest son
James, who is brash, sometimes to the point of arrogance. He worked
on several of consultant Davis's campaigns and in 1990 narrowly won
a seat on the BART Board of Directors, a rare Republican victory in
San Francisco. James, an attorney, is married to the daughter of a high-ranking
Communist Party official in Shanghai.
Douglas, the youngest son, has been involved in the Fang businesses
but has stayed very much in the background. Described as withdrawn,
quiet, even misanthropic, Douglas became more active in the family's
enterprises after the acquisition of the Examiner.
Middle son Ted who is reedy, polished, and openly gay
became the public face of the family newspapers. Now 40, he had always
demonstrated more interest in journalism than his brothers did and was
made editor and publisher of the Independent in spring 1987,
just four years after he dropped out of UC Berkeley (years later he
was caught on the witness stand during a civil trial claiming that he
graduated, when he was actually four units short).
With the sly Ted at the helm, the Independent beefed up its
community news coverage and established a reputation for heavy-handed
partisanship. If the Fangs were pushing a candidate or issue, they threw
everything into it. The paper is widely credited with helping Frank
Jordan get elected mayor in 1991, after a collection of vitriolic Hinckle-penned
attack pieces on his opponent Art Agnos was distributed throughout the
city. District Attorney Terence Hallinan was once another Fang favorite.
In 1999, while Ted was an advisor to his campaign, the Independent
attacked his opponents with abandon. But the alliance disintegrated
last year when, in the public rift between Hallinan and Brown, the Fangs
took Brown's side. The Independent has also recently slammed
Sups. Gerardo Sandoval and Jake McGoldrick.
The Fangs don't just use the pages of their papers to forge friendships
with public officials. They have donated significant amounts of money
to politicians they support, and at least encouraged employees to contribute.
According to campaign finance disclosures, Fang family members and
employees donated at least $13,422 to Brown's 1995 mayoral campaign.
Grant Printing loaned an additional $6,406.
The Fangs have also gotten their share of money from the city, including
$1.1 million in low-interest loans for small businesses and approximately
$1 million a year to print the city's legal notices in the Independent.
In fact, the Fangs backed a 1994 voter initiative, Proposition J, which
established criteria for the legal-notices contract that favor free,
minority-owned publications printed in San Francisco, virtually guaranteeing
the contract to the Independent.
That campaign was run, of course, by Davis, who remained closely involved
with the Fangs after John Fang's death.
A close political advisor to the mayor, Davis received at least $322,500
from Fang companies in 1998 through 2001, according to schedules of
contractor payments. Reports filed with the city's Ethics Commission
do not show him doing any lobbying work for the Fangs, and when we asked
Davis why he was paid and if he continues to be, he said only, "That's
between me and the Fangs and the IRS."
Former staffers say Davis stopped by the Examiner office on
occasion, though he told us, "At one point in time I was very active
in the affairs of the Fang family. My role has lessened and lessened."
Despite their extensive connections, the Fang family still rouses plenty
of criticism, though much of it is whispered rather than shouted.
Rose Pak, a community activist and fundraiser in Chinatown who has
been feuding with Florence Fang for years, is one of the few people
willing to publicly criticize them: "I don't think [Florence] is
respected by anyone in the [Chinese American] community. They don't
have any credibility. People who say nice things about them are either
on their payroll or in their papers."
"I saw a pattern of cronyism, nepotism, and mistrust of outsiders
anyone outside the inner circle of advisors," Pam Fisher,
who worked as features editor at the Fangs' San Mateo Independent
and briefly as the Examiner's film critic, told us in a written
statement. "To understand why the Ex really went down, you've
got to grasp the fervor of the Fangs' fierce clannishness."
'Buying' the Examiner
When Hearst announced in 1999 its plan to purchase the Chronicle
and shut down its own Examiner, which was run in partnership
with the Chron, it set off a political firestorm. Public officials,
other papers (including the Bay Guardian), and community leaders
strongly opposed the plan, which would have left the Chron with
a monopoly on the local daily newspaper market.
Clint Reilly, the real estate investor and former campaign consultant
who ran for mayor in 1999, sued to stop the sale. "I was concerned
about there being one editorial voice in the city," he told us
recently.
Thanks in part to community pressure, the U.S. Justice Department refused
to sign off on the closure of the Examiner and ordered Hearst
to sell the paper. At first nobody expressed much interest in buying
the afternoon paper it was, by most accounts, financially solvent
only because it shared ad revenue with the morning Chron.
Then, in one of the more remarkable moments in newspaper history, Hearst
announced a deal with the Fang family: the Fangs would get the Examiner,
plus $66.7 million over three years to make up for the loss of some
ad revenue from the Chron. The subsidy was supposed to help establish
the Ex as a real, competitive paper.
Reilly, no fan of the Fangs, persisted with his suit after the Hearst-Fang
deal was announced, arguing that the deal was designed to fail. "Given
[the Fangs'] track record at the Independent the way they
used it to prosecute their political agenda I guess I felt what
the subsidy was doing was giving them $66 million to attack whomever
they wanted to. It wasn't going to be permanent," he told us.
When the case went to trial, Hearst executives acknowledged they only
signed the deal with the Fangs in order to gain Justice Department approval
of their plan to buy the Chronicle. ("It was a price we
were willing to pay," Hearst attorney Gary Halling said.) Also,
the Fangs had promised to use their connections to help get Justice
to approve the Chron purchase.
There was a lot of evidence that some San Francisco politicians intervened
to make sure their friends, the Fangs, wound up with the paper. Feinstein,
for instance, set up a lunch to introduce Examiner publisher
Timothy White to Florence Fang. But that was overshadowed by revelations
about another lunch, at which White had offered Mayor Brown positive
editorial coverage if he would just get behind Hearst's plan to kill
the Ex. White himself described this as "horse-trading."
As embarrassing as the incident was for Hearst, it served as a distraction
from other, possibly stranger facts. Like how neither the Justice Department
nor Hearst followed up on Reilly's offer to take over the Ex,
even though he'd originally requested a smaller subsidy than the Fangs.
Ted Fang met with Justice officials at least five times and had lengthy
negotiations with Hearst.
On the witness stand Ted acknowledged that a Fang-owned Examiner
would be smaller in circulation and scope than the Hearst-run Ex
but said the paper would move to morning publication and provide a true
daily alternative to the Chronicle. The paper would be less politically
charged than the Independent, he said.
Federal judge Vaughn Walker eventually approved both newspaper transfers,
but he had harsh words for the "malodorous" Fang deal and
said the Justice Department's actions appeared to be "political
favoritism masquerading as law enforcement."
120 days
At first it seemed as if the Fang family did in fact want to build
a paper that could pose a challenge to the Chronicle. They set
up a corporation, called ExIn, to publish the paper. To run the newsroom,
they hired Marty Steffens, a former editor at the Los Angeles Times,
who then recruited almost 30 writers from journalism schools and daily
papers across the country. On the business end, the family hired a
number of well-regarded and well-paid newspaper executives.
General manager Bob McCray and chief financial officer Tammy Bailey
signed on in September 2000. But the new executives had no office space
in which to produce the Examiner, nowhere to print it, and no
arrangement to get the paper to print it on. They had only 120 days
until the paper's launch and Ted, the publisher, had gone to
Europe for three weeks of vacation.
"There were signs of cash-flow problems from the first month,"
former Fang employee Fisher told us. "The second payroll bounced,
and managing editor Bob Porterfield scrambled to buy toilet paper and
supplies for the newsroom. Just days before launch, new reporters showed
up to find desks without computers."
She continued, "The Indy was put together with spit and
chicken wire, and it usually worked we only put out seven zoned
editions twice a week. But the Ex was a daily."
The Examiner that debuted Nov. 22, 2000, surprised even those
who had predicted a disaster. It wasn't available anywhere until noon,
and then only at select news racks. The lead story jumped to a full-page
ad. There were typos everywhere. All of the photographs were horribly
blurry. Advertisements for Examiner classifieds had blank space
where there were supposed to be price comparisons, not exactly reassuring
potential advertisers.
And yet family members acted as if everything was just fine. "On
launch day, Ted blithely breezed into the newsroom as cameras rolled,
popping a magnum of champagne as reporters wept over the pixilated front
page and mangled type," Fisher told us.
"The paper has developed such a reputation for missteps,"
the New York Times reported Dec. 18, 2000, "that it has
become sport in the city's cafes, not to mention San Francisco's other
newspapers, to pick up The Examiner and play spot the mistakes. Some
days, the game has been almost too easy."
The gaffes were blamed on faulty software, though many people point
out in retrospect that it would've been wise to do a test run. But if
production problems didn't bother the Fangs, reporting critical of their
cronies did. On Dec. 7, 2000, the Examiner ran a story by Lucia
Hwang, who had been hired away from the Bay Guardian, detailing
the soft money going to support supervisorial candidates allied with
Mayor Brown. It appeared on the front page, under an enormous headline:
"Soft Sway: $1M in Soft Money Funding Runoffs to Keep the Mayor's
Machine Intact."
"James Fang descended on the newsroom shouting," Fisher recounted.
"Hinckle squared off against editor Marty Steffens. Ted seemed
uncertain of how to keep peace between the serious journalists he'd
hired and the family alliance.... [The reporters'] ire at the shabby
product and Fang-family meddling on hard news stories genuinely surprised
him. At the Indy no one ever challenged a Fang."
Less than a month after the paper's launch, Steffens stepped down.
David Burgin, who'd been the Examiner's editor in the mid '80s
and had a reputation for feistiness in print and in person, was already
signed up to take over. "Ted said something to me in the
beginning that I really sort of fell in love with," Burgin told
us. "He said he wanted me to teach him how to be the editor."
Burgin said his small staff "accomplished a hell of a lot. And
I was proud of them and a little proud of myself for helping get it
out of them."
While Burgin's Examiner wasn't about to win any prizes for consistency,
the paper frequently beat the Chronicle on local political stories,
and it had a gritty city feel that some people couldn't resist, even
if they detested the conservative-for-San Francisco political perspective.
The paper ran some stories that got a fair amount of local attention
including a long series about crime and grime on Market Street
that Burgin said really pissed off the mayor: "He couldn't stand
it. He screamed at the Fangs all day long about it. One day at Moose's
[restaurant], he said to me, 'Clean up Market yet, Burgin?' "
That period of relatively solid journalism didn't last long.
Family ties
While reporters and editors worked hard to put out a decent paper,
internal financial documents and interviews with former employees suggest
the Fangs were working mainly to milk the Hearst subsidy for their family
and its close allies. According to company documents for 2001 that we
obtained, family members received lavish salaries.
In the antitrust trial that preceded the Fang takeover, Ted Fang testified
that he would only make $150,000 a year working as the paper's publisher
and that he and his family combined would be limited to $500,000
a year. According to a company salary schedule, Ted's salary was $520,000
in 2001. James's salary was $150,000 (though that's not what he reported
on the economic-interest statements he's required to file as a member
of the BART board see "Not-So-Full Disclosure," above).
Douglas, who is the CFO, had a $216,000 salary. His wife, Angela, made
$177,000 in 2001 just for organizing Bay to Breakers. Other records
we obtained show slightly different salaries, so it may be that Ted
made $40,000 less, or Angela $13,000 less, or that the differences were
made up with checks from other Fang companies.
Florence, James, Ted, and Douglas Fang did not return repeated phone
calls for this story. So we had a list of 41 written questions delivered
by courier. They responded with a fax challenging our use of material
from deposition transcripts. "Both Hearst and ExIn have been satisfied
with the independently audited execution of the Hearst-ExIn asset purchase
agreement," the April 25 letter, signed by attorney Darrell Salomon,
continued. "I regret to say that it is apparent that you misunderstand
both the meaning and the context of provisions of that agreement."
Fang family members also appear to have received raises the following
year, according to company records for the first quarter of 2002. Bookkeepers
were instructed to pay family members first, in case there was not enough
money to cover the whole payroll.
Not that the payroll was only for employees. In a deposition taken
June 11, 2002, in a contract arbitration for general manager McCray,
former CFO Bailey said she'd been concerned the company had people on
the payroll "who shouldn't be there."
"There were some contractors who weren't doing anything. We didn't
know why we were paying them," Bailey said. "We had consulting
services from various and sundry places that were charging us exorbitant
amounts."
One of the employees Bailey raised concerns about was Tony Thompson,
Ted's long-term romantic partner, whom former staffers say did very
little, if any, work for the Examiner. A copy of a Sept. 10,
2001, e-mail addressed to Bailey from Ted instructed her to "please
take Tony Thompson off the ExIn, LLC payroll. Also, increase my annual
salary from ExIn, LLC by $70,000." Thompson at that time applied
for unemployment benefits, according to a Sept. 17 notice from California's
Employment Development Department.
Hinckle is not listed on the Examiner salary schedules we obtained.
But according to documents, he is paid by other Fang companies
and through his election-time-only paper, the Argonaut (see "The
'Argonaut' Scam," page 22).
In July of 2000, with the San Francisco rental market peaking, Florence
Fang bought the Fox Warfield Building, at Market and Sixth Streets.
She paid $13 million for it, taking out a loan for $10.5 million. (The
agreement with Hearst allows the Fangs to be reimbursed only $3.3 million
for capital expenditures each year.) Though sources say the Fangs may
have overpaid for the building and that now, in this bad economy, parts
of it are empty, the investment may benefit the family regardless of
what happens to the Examiner it certainly had the potential
to.
Also, according to internal company e-mails, Florence, who doesn't
appear on salary schedules, collects rent for the office space used
by the Examiner (as she does for property used by several Fang
enterprises). According to a review done by Arthur Andersen (on behalf
of Hearst) in September 2001, the Examiner paid $114,667 a month
or $1.37 million a year to use four floors of the building,
one of which was undergoing renovations. Forty percent of the building's
annual property tax was also billed to the Examiner, according
to the Andersen document. The Ex paid another $20,000 a month
to hang a sign on the building's exterior.
Other Ex expenditures listed in records we've obtained include
$7,500 spent at Union Square boutique Wilkes-Bashford; according to
one source, the dough bought suits for James Fang. Media consultant
Ken Maley was paid $7,500 a month and did do quite a bit of public relations
work for the paper. But he also did other, unrelated work for the family,
according to an invoice we obtained. He spent time negotiating a deal
to put part of a display wall the Fangs originally underwrote, in honor
of John Fang, for the old Asian Art Museum, in Florence's home. He also
worked on arrangements to place a statue commemorating Asian Americans
on Angel Island and to possibly donate the Examiner's archives,
which were part of the Hearst deal, to the state library in return for
a large tax deduction. Maley confirmed he did the work but said neither
of these last two projects was completed by the time he left.
ExIn also paid the $31,000 balance on a line of credit from a Las Vegas
bank described in a Dec. 5, 2001, e-mail only as "Tony and Ted's
Equity line."
The Fangs weren't so generous when it came to the entertainment of
their employees. Florence arrived at the Ex's 2000 holiday party
in a long dress of ivory silk, an enormous Examiner eagle beaded
onto it. Employees, meanwhile, were treated to a cash bar.
Cashed out
In fact, the Fang family's free-spending ways appeared to have impoverished
the paper. Employees describe how the Examiner always seemed
to have very little cash on hand and e-mails provided to us show
consultants and attorneys were regularly pleading to have their bills
paid.
On June 27, 2001, Bailey and general manager McCray met with Florence
Fang and all three of her sons "to explain to the family why there
was no more cash," according to Bailey's deposition. Bailey said
that while advertising revenue was increasing, spending was way too
high. She identified costs she was concerned about, including the building,
for which the paper paid "awfully high" rent, legal fees,
and "personnel in the payroll who shouldn't be there." The
company had also lost $1 million on Bay to Breakers.
When she was deposed, Bailey said she did not know of any changes that
were made as a result of the June meeting, other than Ted's partner,
"who was not even an employee," being removed from the payroll.
In a July 3 memo consultant Tom Stultz, who was hired to help launch
the paper, outlined what he would do if he was in Ted's shoes. "I
would defer any payments due to me as the owner/operator," the
memo stated. "While I cannot legally ask my employees to go without
being paid on schedule, I for sure can limp along without my own income
for a month or so to help in this crunch." There is no evidence
the Fangs followed his advice. And, according to a company breakdown,
the paper lost $4.1 million in the first half of 2001.
Over the next couple of months, it also lost several top execs, including
Stultz and McCray. A few ended up in arbitration over their employment
contracts and are legally bound not to speak about their time working
for the Fangs, but their experiences are laid out in depositions taken
as part of McCray's arbitration.
In McCray's own deposition, dated Dec. 19, 2001, and obtained from
another source, McCray stated that while he was concerned about some
of the paper's expenses, advertising revenues were climbing steadily:
"I think we could have grown to where, within a year and a half,
there was still a shot this thing could be viable at the end of the
subsidy period."
However, McCray said Bailey had told him that the accounting books
were irregular, that "there were things in the books that seemed
out of whack." According to some of those records, however, the
Examiner projected $11.7 million in total 2001 income but made
only $5.8 million. The documents say the paper's expenses exceeded the
year's subsidy by about $1 million, and that was even after Hearst agreed
to give the paper a $2 million advance.
Just where did the money go? It's hard to tell. According to many former
accounting and business staffers, the Examiner was financially
entangled with many of the family's other businesses. According to records
filed with the California secretary of state, the family controls at
least 20 corporations, including 10 Bay Area publications, a couple
of nonprofits, and several real estate ventures. And staffers and internal
records attest that at least some subsidy money was spent on Fang companies
including Grant Printing and the Independent.
Hearst agreed to pay the subsidy under Justice Department pressure,
to help the Fangs build a competitive paper, not to help the family's
other enterprises. Payments to the other companies are allowed, but
only for expenses directly related to the publication of the Examiner.
The agreement defines reimbursable costs as those "solely and directly
relating to the publication of the Examiner," but allows money
paid to "Affiliates of Buyer which reasonably relate to the publication
of the Examiner."
But onetime staffers say payments to other companies, often described
as rent or "storage fees," did not appear justified. One former
accountant for the Fang companies said there was routinely no money
in the business accounts right before a Hearst reimbursement was due.
After the check from Hearst came in, accounts that belonged to Grant,
the Independent, or Pan Asia Ventures Corporation (the company
that owns Asian Week) were flush. Another source told us that
in 2000, using subsidy money for the other properties was openly discussed.
In her deposition Bailey said, "Before I even got there the Independent
was in the hole terribly in terms of revenue and cash, and Ted wrote
some checks which were later deemed as loans to the Independent."
Bailey said the money wasn't paid back by the time she left the company
and added that "the purpose of the [June 27] meeting was to discuss
the cash flow problems, however, because of the Independent taking money
from the Examiner, we discussed both companies and Grant Printing as
well because they had taken 400 some odd thousand dollars."
"Mrs. Fang was pretty much shocked," Bailey explained in
the deposition. "She was not aware that the Independent and Grant
Printing had, you know, lapped up some of the money out of the Examiner,
and she was not happy about that."
Internal company documents we obtained show that in the Examiner's
first eight months at least $1.5 million was paid directly to other
Fang companies. More than $1.2 million went to Independent Holdings
and the Independent Newspaper Group.
Another $305,683 went from ExIn to Grant Printing, which did not print
the paper at that time but did produce some special sections. Grant
may also have benefited from equipment and newsprint bought by ExIn,
say onetime staffers.
And according to several former employees, the Examiner's financial
situation toward the end of 2001 cost Ted Fang his job as publisher.
In October 2001 he was fired by his mother, who has always controlled
the company that owns the paper. In December, according to a draft of
the contract, Ted was promised $1 million for his 37.5 percent share
of the company. And, for acting through July 2003 as "senior advisor
to the publications and business ventures operated or owned, in whole
or in part, by Mrs. Florence Fang," he was to get $40,625 a month.
At the time of his settlement, Ted sent his brothers a memo explaining
why he should get such a generous buyout. "If you would imagine
just for a moment, the transition that I am going through from
running the whole operation to having my wings clipped dramatically
it is very traumatic for me, and creates a great deal of insecurity,"
it states. He has had no visible involvement in the companies since,
though there are rumors he may someday resurface at the Independent.
"Florence told me Ted was a spoiled brat who spent money hand
over fist," Burgin said. "I just about fell out of my turnip
truck. My budget [for the editorial department] was less than $4 million.
I thought, 'Woman, you are the one who's nuts.' "
Ted publicly threatened to sue Florence for a number of things, including
job discrimination because he is HIV positive. Even in a family known
for turmoil, this marked a new low. And according to other sources,
James, who had once gotten into a fistfight with Ted in the Independent
offices, has worked hard to patch things up between his brother and
mother.
"I found Ted visionary and creative, willing to entertain new
editorial approaches," Fisher told us. "He seems pulled in
two directions: the path of his father, John, a bona fide journalist
with a passion for social justice, and his mother, Florence a
power monger consumed with building a dynasty of money and influence.
Those two forces warred within Ted and within the [Examiner]
newsroom from the first week we opened the doors."
"For all the bad press Ted got, there was never a question in
anybody's mind that he was a newspaperman," said Edith Alderette,
who was a reporter at the Independent and, briefly, the Examiner.
"Florence and James have so many other interests; [journalism]
is not their first priority."
Content control
With Ted Fang gone, the situation in the newsroom just got worse.
"All of a sudden James is running everything, and I didn't know
him at all," Burgin said. "Ted told me, 'Trust James.' But
James couldn't pour piss out of a boot if instructions were written
on the heel. So it was a downhill thing from there."
Burgin said he was on the verge of quitting when "James walks
in with a list and tells me there are eight people we can't write about
without the approval of him or his mother" (see "The Untouchables,"
page 20).
On the list: Brown, Hallinan, Feinstein, Burton, Pelosi, Sup. Gavin
Newsom, former assessor Doris Ward, and former police chief Fred Lau.
We asked James M. Naughton, a former Philadelphia Inquirer editor
who is now president of the Poynter Institute, a school for journalists,
for his thoughts on this. "If you're going to publish a newspaper,
you have to tell the truth about even people you admire or are associated
with," he said. "Otherwise it isn't a newspaper, it's a political
organ."
Burgin said that before he got a chance to resign, he was fired by
Florence Fang, who read him a termination letter over the phone Jan.
10, 2001.
Mohr, the paper's assistant managing editor for more than a year, explained,
"Shortly after Burgin was fired in January, there was a big change.
James moved down to the sixth floor [newsroom] and was there to monitor
us."
In May 2002, just two months after the Examiner relaunched as
a tabloid, it ran a mildly critical story about the mayor's attempts
to fire a civil servant. According to Mohr, James Fang invited him and
Zoran Basich a longtime Fang employee who had been chosen to
replace Burgin as executive editor out to lunch at Original Joe's.
"He said to us, 'Look, we can't pick on our friends. They helped
us get the newspaper.' I asked, 'You're saying hands off the mayor?'
and he answered, 'No, but if we hurt the mayor, we won't have anyone
to help us.' "
"It was clear from the conversation how the newspaper was going
to be run," added Mohr, who said James instructed them that any
news item having to do with China had to be cleared with him or his
mother, explaining, "I do business over there." Stories about
the Israeli-Palestinian conflict were also to get clearance.
"They're concerned about advertisers, and they don't want to offend
them," Mohr said.
"To insist that all stories be vetted by the owners in this day
and age is very unusual," Naughton said. "And certainly smacks
of censorship."
Alex Brown had been a reporter at the Examiner for just over
a year when James Fang called him into his office to discuss a story
Brown had just finished writing about the BART board, on which James
serves. "He said he wanted his quotes in, that he wanted his position
[on the vote] to be clear. I said, 'Your position is clear,' "
Brown told us. Later that night Brown got a call from an editor who
said James's quote had been added to the story. His complaints went
unheeded, and he resigned the following morning. "I just couldn't
take another paycheck from them after that," Brown said.
"In a good news organization you try to avoid a conflict of interest,"
Naughton told us, adding that if James is going to remain on the BART
board, he should take no position on how the paper covers it. "News
organizations have one thing to sell when it comes down to it, and that's
credibility. [This] might be one of the reasons that the Examiner
is not a viable, thriving enterprise."
Many employees say they had signed on to work on something that had
potential to be historic, and ended up feeling the that owners had no
real interest in the paper. Those who worked closely with James and
Florence have few good things to say about the experience.
"I hated working for them," another former Examiner
writer said. "You work your ass off, and no one gives a shit."
Deadline
It's well known that the Fangs are motivated by money and politics
that they use their newspapers to build friendships with politicians,
their political connections to make more money, and their money to strengthen
their political ties.
The Examiner deal provided more opportunities for that. The
Fang family could have built up its political muscle and maybe even
turned the free money from Hearst into more money.
The deal also presented an opportunity for the family members to make
themselves into something else the esteemed Asian American
owners of one of the country's only nonchain daily papers. It could
have been, to repeat a phrase used by the Fangs themselves, the 21st
century's first daily newspaper.
Instead the paper could close any day. In February, 40 editorial staffers
were summarily fired, home delivery was canceled, and the Examiner
went to free distribution from news racks only. "I thought they
should have gone tabloid and free right off the bat, and I told them
so," Burgin said. "But they waited too long, they waited too
goddamn long."
The paper is wasting away and sharing even more content with the Independent
newspapers and Asian Week. Top guns including in-house counsel
Salomon and executive editor Basich are leaving. It's rumored the Fangs
won't be able to keep the paper going past September but are nonetheless
refusing to talk to possible buyers. And gossip of a consortium effort
to buy the paper, possibly involving Reilly, seems thin anyway.
There's no guarantee the Examiner could have survived. While
$66.7 million is a lot of cash, it's not necessarily enough to build
a newspaper from scratch. Still, there are many people who believe the
Fangs blew a shot at making history.
In his deposition, original general manager McCray said, "The
paper could have made it. It makes me ill that we didn't give it its
best shot, and all this happened."
"They've run it into the ground, and we're all scratching our
heads," Florence Fang rival Pak said. "After $66 million?
What did they do with it except give themselves big, fat salaries?"
The contract with Hearst set up an incentive not to spend all of the
subsidy money whatever remained each year would be split 50-50
between Hearst and the Fangs. There's been speculation that the Fangs
have tried to run the paper on the cheap and pocket the remaining money.
But according to documents and interviews, they spent every last penny
of the subsidy. Whatever money they got out of the arrangement, they
got through salaries, purchases, or infusions to their other companies,
not through the incentive to be frugal.
And a search of public records shows Florence in the past three years
has mortgaged or remortgaged much of her property. Many people predict
the family's other operations might even fall into the financial hole
created by the Examiner.
The Fangs, in trying to increase their wealth and status, risked everything
and lost at least a little. Which leaves Hearst the only winner
in all of this.
In theory Hearst paid the Fangs to get a new Examiner on its
feet. But Hearst executives haven't demonstrated much interest in what
happened after the checks were cut. And really, why would they care
if the Fangs wallpapered their homes with the cash? The sooner the Examiner
goes under, the better for them. They wanted to own the only daily paper
in town, and soon they likely will. They'll have a cosmopolitan urban
area chock-full of wealthy, highly educated readers, the kind advertisers
like, all to themselves. And it only cost $66.7 million and maybe
a horse or two.
Research assistance by Alexandra Kerl.
E-mail Tali Woodward at tali@sfbg.com.