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Oil giant's shell game nets elderly farmers
Promises made, but not kept, and it's all legal
TRAVERSE CITY, Michigan — Late in the summer of 2010, hundreds of farmers in northern Michigan were fuming. All had signed leases with local brokers permitting drillers to tap natural gas and oil beneath their land. All were demanding thousands of dollars in bonuses they had been promised in exchange. But none knew for certain whom to go after.
That's because the company rejecting their leases hadn't signed them to begin with. In fact, the company issuing the rejections wasn't much of a business at all. It was a shell company - a paper-only firm with no real operations - called Northern Michigan Exploration LLC.
One jilted land owner, Eric Boyer-Lashuay, called to complain to the broker who had handled his lease. Northern, he recalls saying, is "a shell company ... a blank door with no one behind it." Today, he puts it this way: "It was all a fake, all a scam."
Northern has voided hundreds of land deals, and was indeed a facade - a shell company created so that one of America's largest energy companies could conceal its role in the leasing spree, a Reuters investigation has found. Oklahoma-based Chesapeake Energy Corp., the nation's second-largest gas driller, was behind the entire operation.
Chesapeake had created one shell company that set up another, Northern Michigan Exploration. Next, Northern hired brokers who signed leases with residents such as Boyer-Lashuay. And those brokers were under strict orders not to divulge Chesapeake's role, records reviewed by Reuters show.
In fact, the effort in Michigan was directed from the very top - by Chesapeake's CEO, Aubrey McClendon. In corporate filings that Chesapeake made public earlier this year - nine months after McClendon's agents began signing Michigan land leases - McClendon is named as the chief executive officer of Northern, the shell company that voided hundreds of those leases.
Chesapeake's effort to hide its involvement isn't illegal. To the contrary, the company's maneuvering exemplifies how U.S. corporations routinely can conceal financial and corporate transactions through the use of shell companies.
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LadyJazzer wrote:
[snip]
Yep, here's how the corporate slime operate... "Trust us... We're here to help you"....and our buddies, the GOP, are covering our backsides....
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Chesapeake says it acted properly. It says some land owners were paid bonuses. It also disputes "canceling" any Michigan contracts; rather, some contracts were "rejected" because property titles didn't pass muster, its corporate counsel says.
In written responses, Chesapeake says it sometimes uses shell companies to "keep a low profile" and avoid tipping off competitors and "speculators" about its land-leasing and drilling efforts. Such tactics are common in real estate, scholars say.
"It's common to take leases through a shell corporation or through a landman company," says Lowe, the professor of energy law at SMU's Dedman Law School in Dallas. "If you're a farmer or a rancher and you see a big, deep-pocketed oil company pull up in your driveway, then your price goes up."
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