Editor

Behind the News columnist

A native of Kentucky, Andrews has worked at Hoosier newspapers since graduating from Indiana University in 1987. He covered education at the Journal and Courier in Lafayette before joining IBJ in 1991. He later was a business reporter and the business editor of The Indianapolis Star. He’s been writing his Behind the News column for IBJ since rejoining the newspaper in 2000. Andrews and his wife, Kathleen, have a son in college and another living in Colorado. They live in the Nora area with their two dogs.

Articles

BEHIND THE NEWS: Smulyan bid puts Emmis board member Bayh in hot seat

Susan Bayh is at ease in the corporate world. The wife of U.S. Sen. Evan Bayh is a former Eli Lilly and Co. attorney who now serves on six public company boards, collecting more than $400,000 in fees a year. Among those companies are Indianapolis’ WellPoint Inc. and Emmis Communications Corp., where she serves as lead director of the eight-person board. But even the 46-year-old boardroom veteran must be feeling a little banged up these days. That’s because at Emmis,…

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BEHIND THE NEWS: A spicy spat is under wraps: Judge seals auditor lawsuit

National Wine and Spirits Inc., Indianapolis’ eighthlargest private company, in early June sued accounting giant Ernst & Young, charging “fraud and deception.” But don’t expect to peek into the court file to get the juicy details. Marion Superior Court Judge S.K. Reid on June 20 granted National Wine’s motion to seal the complaint. Court filings suggest the liquor distributor filed the motion at the behest of E&Y-which argued that because the dispute arose out of arbitration, and that process is…

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BEHIND THE NEWS: Filing throws spotlight on Marsh’s topsy-turvy sale effort

What a mess. A new regulatory filing shows that Marsh Supermarkets Inc.’s efforts to sell itself unfolded in the most awkward of fashions-with rejected suitors invited back into the fray, and with potential buyers throwing out wildly different per-share values for the company, from $7.50 to $20. At one point early this year, a special board committee of independent directors sent Dallas-based Cardinal Paragon Inc. packing, calling its “preliminary indication of interest” of $11 a share to $13 a share…

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BEHIND THE NEWS: Amid stock market’s slide, a high-flier gets grounded

In late April, Brightpoint Inc. investors had every reason to feel giddy. Shares of the wireless phone wholesaler were up 85 percent for the year, after advancing 113 percent in 2005. Today, those heady days seem like a distant memory. Since reaching a high of $28.50 April 27, Brightpoint’s shares have lost 50 percent of their value, lopping more than $700 million off the company’s market value. “Clearly, wireless is out of favor on Wall Street and has been for…

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BEHIND THE NEWS: Blame game rages on: What killed Paul Harris?

It’s been five years since the o n c e – m i g h t y women’s apparel chain Paul Harris Stores liquidated in bankruptcy court. To this day, an army of attorneys continues to battle over who’s to blame. On one side are attorneys for the Indianapolis company, which four years ago sued outside auditing firm PricewaterhouseCoopers, charging it with “gross negligence” for failing to detect a $7.5 million inventory overstatement and other accounting breakdowns. As the lawyers…

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BEHIND THE NEWS Simon eyeing mall rival Mills, but should it pounce?: Simon eyeing mall rival Mills, but should it pounce?

Simon Property Group Inc. might soon scoop up one of the flashiest mall developers in the country-but that flash could be cause for worry. If you want to know something about Mills Corp., which began considering a sale earlier this year, review plans for its enormous Xanadu project in the New Jersey Meadowlands. The project broke ground in 2004 with a mind-boggling $1.2 billion budget. So far, Mills has signed just three tenants, and last month the company acknowledged Xanadu…

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BEHIND THE NEWS: Honeymoon period ends for Steak n Shake’s CEO

The steakburgers and shakes still taste good, but suddenly the stock is less appetizing. Shares of Steak n Shake Inc. have shed 22 percent of their value since late March, wiping out $122 million in market value. And now CEO Peter Dunn, who had the Midas touch after coming aboard as president in September 2002, is confronting skepticism on Wall Street. “It just seems like something is missing,” A.G. Edwards analyst Jack Russo told Dunn during Steak n Shake’s quarterly…

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BEHIND THE NEWS: Smulyan’s bid exposes firm’s governance flaws

One reason Jeff Smulyan’s bid to take Emmis Communications Corp. private is so fascinating is that the Indianapolis-based radio company remains in the dark ages as far as good corporate governance is concerned. Emmis’ governance practices are better than only 2 percent of the companies in the S&P 400 and 36 percent of media companies, according to an analysis released last fall by Institutional Shareholder Services, a Maryland firm that advises big investors. What’s not to like? Here’s a sampling:…

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BEHIND THE NEWS: Smulyan has dual roles, complicating buyout bid

The most interesting line in the press release announcing Jeff Smulyan’s proposal to buy out other Emmis Communications Corp. shareholders and take the company private didn’t appear until the second page. “[Smulyan] advised Emmis’ board that [he] will not agree to any other transaction involving Emmis or his shares of Emmis,” the statement read. The unequivocal message to buyout firms and rival radio companies: Don’t bother making a bid to buy my company. If you do, you’re wasting your time….

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BEHIND THE NEWS: California investor arrives with a splash-and a past

Remember the name Judah Hertz. The Californiabased real estate investor last month became a sizable player in the downtown Indianapolis office market, buying the Gold Building and 251 East Ohio for more than $40 million. But he has bigger aspirations here-and the cash to carry them out. “We like Indianapolis a lot,” Hertz said. “We’re definitely interested in purchasing more buildings in Indianapolis.” Plain-vanilla pension funds buy and sell buildings here all the time. By contrast, the 56-year-old Hertz is…

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BEHIND THE NEWS: Former Brightpoint worker gets boost from defender

B r i g h t p o i n t Inc.’s former director of risk management, Timothy Harcharik, doesn’t have a high-powered legal defense team. His federal public defender, James McKinley, is accustomed to representing people accused of drug crimes, not those charged with participating in a multimillion-dollar accounting fraud. But McKinley has done right by Harcharik so far. On April 20, federal Judge Larry McKinney of Indianapolis dismissed the indictment against Harcharik, siding with McKinley in a months-long…

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BEHIND THE NEWS: Just before sentencing, failed exec judged incompetent

Angry investors in James T. O’Neal Jr.’s failed auto mall company have waited nearly a decade for the Carmel native to get his comeuppance. They thought that day would come this spring, at his sentencing on two felony charges stemming from what investigators say was a scheme to swindle the rich and famous in Indianapolis and central Florida out of millions of dollars. But now a psychiatrist has concluded that “O’Neal is suffering from a mental disease rendering him unable…

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Bank’s price fell $100M: Union Federal buyer cut offer as negotiations dragged on; investors pushed for liquidity

No wonder word leaked early this year that Union Federal Bank was about to be sold. A new federal filing reveals that a deal had been brewing since early last year-spawned largely by mounting frustration among investors that they were unable to turn their stake in the bank’s privately held parent, Fort Wayne-based Waterfield Mortgage Co., into cash. “The concerns over liquidity were voiced by many shareholders at Waterfield Mortgage’s annual shareholders’ meeting in the spring of 2004,” according to…

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Colossal hotel pitched: $250M project features water park, 1,350 rooms

A development team this week plans to submit a proposal to the city to build a $250 million, 1,350-room hotel complex downtown on a site where a 235-room Courtyard by Marriott now stands. The project, just south of the entrance to White River State Park, would include a convention hotel with ballrooms; three smaller, more limited-service hotels; an indoor water park; and a 1,200-space underground parking garage. At 800 rooms, the convention hotel by itself would rank as the city’s…

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BEHIND THE NEWS: Kite’s quest to fix Glendale reverberates on Wall Street

N o r t h – s i d e r s aren’t alone in eagerly awaiting Glendale Mall’s redevelopment plan. Wall Street is watching what happens next, too. Glendale is the largest of the 40 retail properties Indianapolis-based Kite Realty Group Trust operates. The North Keystone Avenue shopping mall collects annual rent of $2.5 million, representing more than 4 percent of the company’s total. So what Kite will do with the ailing, 724,000-square-foot property was topic No. 1 last…

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BEHIND THE NEWS: When the rich turn poor: Bankruptcies offer unique peek

Ex-Conseco Inc. officers Max Bublitz and Jim Adams filed for bankruptcy last year. So, you might be thinking, they must have hit bottom, overwhelmed by millions of dollars in debt stemming from their former employer’s ill-fated insider-loan program. Yet a different picture emerges from a review of their court filings and transcripts of court hearings. Yes, they say their assets are a shadow of their debts. But no, that doesn’t mean they’re going to start living like most of us….

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BEHIND THE NEWS Auditor jabs Obsidian as it prepares to go private:

If all goes as planned, a Tim Durham-led investment group will take publicly traded Obsidian Enterprises Inc. private by the end of the month. The Indianapolis company’s five-year run on Wall Street has been inglorious by any measure. Stock in the transportation and manufacturing firm has tumbled, from a split-adjusted $12 in 2001 to $1.80 today. Over the last three years, Obsidian has posted a combined $22 million in losses. As if that weren’t enough, now the company’s former outside…

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BEHIND THE NEWS: Bank plays the ‘local’ card, but will it succumb to sale?

An in-your-face ad campaign that First Indiana Corp. rolled out last month highlights the Indianapolisbased bank’s local roots and leaves the distinct impression it won’t be accepting a buyout offer anytime soon. Rhetoric or reality? Time will tell. “If you run an Indiana business, you need an Indiana bank,” reads one of the ads. It continues: “Remember when your local bank was actually local?” First Indiana executives and directors are savoring the sale of Union Federal Bank, which leaves First…

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BEHIND THE NEWS: Impending pain: Expect big cuts after sale of Irwin unit

No one wants to say it, but Fishersbased Irwin Mortgage Corp., one of the area’s biggest financial-services companies, is almost sure to lose hundreds of jobs, and may disappear. Parent company Irwin Financial Corp. last month put Irwin Mortgage on the selling block, a move that imperils many of the unit’s 450 local jobs. Hoosier bankers have been through enough sales to know that out-of-state buyers almost always trim jobs. But this could be something else entirely-a wholesale gutting of…

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BEHIND THE NEWS Safety firm’s sale a bonanza-and that’s no accident:

Aearo Technologies Inc., the maker of earplugs and other protective gear, has long been a quiet company. But given its recent performance and the announcement this month that a private equity firm is buying it for an eye-popping $765 million, no one would call it a sleepy one. Indeed, interviews and a review of regulatory filings show the northwest-side company has been on a tear, boosting sales from $284 million in fiscal 2001 to $423 million in fiscal 2005. In…

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