-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, NARdLHoZiZS81bO3G2jz7484B15bClG86rHy+Wc7NbIhHCd6q68DPgb6zzOf9yED Ysx2XyprPpa/7GRkyDWG1g== 0000900421-01-500024.txt : 20010917 0000900421-01-500024.hdr.sgml : 20010917 ACCESSION NUMBER: 0000900421-01-500024 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20010913 ITEM INFORMATION: Other events FILED AS OF DATE: 20010914 FILER: COMPANY DATA: COMPANY CONFORMED NAME: MAXXAM INC CENTRAL INDEX KEY: 0000063814 STANDARD INDUSTRIAL CLASSIFICATION: PRIMARY PRODUCTION OF ALUMINUM [3334] IRS NUMBER: 952078752 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-03924 FILM NUMBER: 1736802 BUSINESS ADDRESS: STREET 1: 5847 SAN FELIPE STREET 2: SUITE 2600 CITY: HOUSTON STATE: TX ZIP: 77057 BUSINESS PHONE: 7139757600 MAIL ADDRESS: STREET 1: 5847 SAN FELIPE STREET 2: SUITE 2600 CITY: HOUSTON STATE: TX ZIP: 77057 FORMER COMPANY: FORMER CONFORMED NAME: MCCULLOCH OIL CORP DATE OF NAME CHANGE: 19800630 FORMER COMPANY: FORMER CONFORMED NAME: MCCULLOCH OIL CORP OF CALIFORNIA DATE OF NAME CHANGE: 19691118 FORMER COMPANY: FORMER CONFORMED NAME: MCO HOLDINGS INC DATE OF NAME CHANGE: 19881115 8-K 1 maxxam_8k-09132001.htm MAXXAXM INC. FORM 8-K MAXXAM Inc. Form 8-K
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                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549



                                    Form 8-K



               Current Report Pursuant to Section 13 or 15(d) of
                      The Securities Exchange Act of 1934




      Date of Report (date of earliest event reported): September 13, 2001



                                  MAXXAM INC.
             (Exact name of Registrant as Specified in its Charter)




                                    Delaware
                 (State or other jurisdiction of incorporation)




                                     1-3924
                            (Commission File Number)




                                   95-2078752
                    (I.R.S. Employer Identification Number)



                           5847 San Felipe, Suite 2600
                                 Houston, Texas
                    (Address of Principal Executive Offices)

                                      77057
                                   (Zip Code)

       Registrant's telephone number, including area code: (713) 975-7600


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Item 5.  Other Events

      Attached hereto as Exhibit 99.1 is a press release related to the
Recommended Decision in favor of the Registrant in connection with the OTS
action, the administrative proceeding filed by the Office of Thrift Supervision
against the Registrant and others.

                                   SIGNATURES

      Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.



Date: September 13, 2001
                                                    MAXXAM INC.
                                                   (Registrant)


                                             By: /s/ Bernard L. Birkel
                                                 ---------------------
                                                   Bernard L. Birkel
                                                       Secretary

EX-99 3 maxxam_ex99-09132001.htm EXHIBIT 99.1 Exhibit 99.1

                                                              September 13, 2001


                                                               Media: Josh Reiss
                                                                  (713) 267-3740
                                                            Investors: Ron Kurtz
                                                                  (713) 267-3686


                            MAXXAM INC. VINDICATED BY
              RECOMMENDED DECISION OF OFFICE OF THRIFT SUPERVISION
                            ADMINISTRATIVE LAW JUDGE

HOUSTON, Texas (September 13, 2001) - MAXXAM announced today that Office of
Thrift Supervision (OTS) Administrative Law Judge Arthur Shipe has issued a
Recommended Decision in favor of the Company and its Chairman and CEO Charles
Hurwitz on each and every claim alleged by the OTS.

The OTS sought a judgment in excess of $820 million. Judge Shipe has recommended
that the agency should receive nothing and that all counts be dismissed.

"Judge Shipe's action represents the vindication of MAXXAM and Charles Hurwitz
as we have always said would be the case," commented J. Kent Friedman, Vice
Chairman and General Counsel of MAXXAM Inc.

Judge Shipe also concluded that:

- -    "Mr. Hurwitz testified freely and credibly, answering all questions posed
     to him to the best of his ability . . . The record amply demonstrates that
     his activities at UFG and USAT were intended for their benefit . . ."
     (p.74)

- -    The OTS treated the record of the case in a manner that was "not
     acceptable." (p. 43)

- -    The OTS presented "no plausible basis" and "not a scintilla of evidence" to
     support one of its main charges. (p. 51)

- -    The OTS extracted language from evidence and presented it in its filings to
     the court in a manner that was "clearly a distortion." (p. 68)

- -    The OTS engaged in "denigrations" and "unseemly name calling for advocacy
     purposes" with "rhetoric . . . ill-fitted to this case." (p. 72)

The OTS's administrative action is in effect a lawsuit by the Federal Deposit
Insurance Corporation (FDIC), which entered into a Letter Agreement with the OTS
to support and finance duplicative litigation. Under the terms of this Letter
Agreement, the FDIC has improperly used its own funds to finance an OTS
administrative proceeding against MAXXAM and Mr. Hurwitz over the same set of
facts presented by the FDIC in separate federal court litigation pending in
Houston before Judge Lynn N. Hughes. This inter-agency litigation funding
agreement is currently the subject of a federal counterclaim brought against the
FDIC by MAXXAM.

Judge Shipe's Recommended Decision will be forwarded to the OTS Director who
will consider whether to accept or change the Recommended Decision and then
render a final Order. MAXXAM believes that the Director should accept the
Recommended Decision as final.

Copies of Judge Shipe's Recommended Decision are available online at
www.bureaucraticshellgame.com, MAXXAM Inc.'s web site concerning the improper
litigation of the FDIC and OTS.

                                   150-091301
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