Richard Berman

Richard B. Berman (born 1942) is an American lawyer, public relations executive, and former lobbyist.[1] Through his public affairs firm, Berman and Company, he runs several industry-funded non-profit organizations such as the Center for Consumer Freedom,[2] the Center for Union Facts, and the Employment Policies Institute.[3] His organizations have run numerous media campaigns concerning obesity, soda taxation, smoking, cruelty to animals, mad cow disease, taxes, the national debt, drinking and driving, as well as the minimum wage. Through the courts and media campaigns, his company challenges regulations from consumer, safety and environmental groups.[4][5][6][7]

For other people named Richard Berman, see Richard Berman (disambiguation).
Richard Berman
Born1942 (age 77–78)
Alma materTransylvania University, William and Mary School of Law
OccupationLawyer, lobbyist
ChildrenDavid Berman

Early life and family

Berman grew up in the Bronx borough of New York City. His father ran gas stations and car washes. Berman did general labor at these businesses on weekends and summers while growing up. He attended Transylvania University in Kentucky.[8] After graduating from college in 1964, Berman went on to William and Mary School of Law and was class of 1967.[9] His late son was Silver Jews musician David Berman, who died by suicide on August 7, 2019 at age 52.[10] The two had been estranged due to David's strong disapproval of his father's work.[11][12]

Career

After law school, Berman worked as a labor law attorney for Bethlehem Steel, and from 1969 to 1972 he served as a corporate lawyer for Dana, an automotive parts company in Toledo, Ohio. From 1972 to 1974 he was employed as labor law director of the U.S. Chamber of Commerce in Washington, D.C.[9]

He moved into the food and beverage industry in 1975 under the mentorship of Norman Brinker, founder and owner of the Steak & Ale chain of restaurants. Berman started a government affairs program, launched his first PAC for Brinker, and worked there until 1984. He served as executive vice president of Pillsbury Restaurant Group from 1984 to 1986. In 1986, he formed Berman and Company. In 1991, he created the Employment Policies Institute to research entry-level work issues and argue "the importance of minimum wage jobs for the poor and uneducated." In practice, this translated to opposing minimum wage hikes on the theory that they would reduce employment.[13]

In the 1990s, Berman was the president of Beverage Retailers Against Drunk Driving (BRADD), an organization formed to combat Mothers Against Drunk Driving.[13] As president, he argued for "tolerance of social drinking."[13] He has also worked as a consultant for the Minimum Wage Coalition to Save Jobs.[13]

In a document released by The New York Times on October 30, 2014, from a talk Berman gave to the Western Energy Alliance, Berman reassured potential donors about the concern that they might be found out as a supporter of one of his organizations: "We run all of this stuff through nonprofit organizations that are insulated from having to disclose donors. There is total anonymity."[14] He also touted his "win ugly" method of personal attacks on labor union leaders, environmentalists, and others who opposed him.[15]

Organizations

As of May 2009, Berman was the sole owner and executive director of Berman and Company, a for-profit management firm that ran fifteen corporate-funded groups, including the Center for Consumer Freedom. He has held at least sixteen positions within these interlocking organizations.[16] As of 2010, just six of these nonprofits provided as much as 70% of Berman and Company's revenue.[17] Bloomberg News reported that from 2008 to 2010, Berman and Company was paid $15 million from donations to his five nonprofit organizations.[18] Through these organizations, Berman and Company has received 60 "POLLIE Awards" since 2002 from the American Association of Political Consultants.[19]

Organizations founded and managed by Berman include:

The Center for Organization Research and Education

The Center for Organizational Research and Education (CORE), formerly the Center for Consumer Freedom (CCF) and Guest Choice Network (GCN), is a non-profit advocate for the food industry and was formed in 1995 with funding from tobacco giant Phillip Morris.[20][21] CORE generally promotes freedom of choice in the marketplace against what it believes is encroachment by government or scare tactics promulgated by activist groups. CCF also runs the awareness campaign HumaneWatch[22] and PETA Kills Animals, which criticize the practices of HSUS and PETA, respectively.[23] These campaigns raise awareness that "The Humane Society of the United States gives less than one percent of the money it raises to local pet shelters",[24] and that "PETA kills 89% of the adoptable dogs and cats in its care". Berman's attacks on animal organizations have gained support from many individuals and organizations working in the agriculture and agribusiness sector.[25] In March 2013, Charity Navigator issued a Donor Advisory advising that "the majority of the Center for Consumer Freedom's program expenses are being directed to its CEO Richard Berman's for-profit management company, Berman and Company".[26] The Chicago Tribune depicted CCF as an organization that "employs razor-sharp wit and unconventional tactics."[27] Berman and Company does not publicly name its clients; 60 Minutes obtained a list of companies that funded the Center for Consumer Freedom in 2002. Among the parties named were The Coca-Cola Company,[5] Tyson Foods,[5] Outback Steakhouse,[5][28] Wendy's International, Inc.,[5] Brinker International (parent company of Chili's and Macaroni Grill), Arby's, Hooters,[28] and Red Lobster.[28]

American Beverage Institute

The American Beverage Institute (ABI) is a trade association opposed to laws intended to criminalize alcohol consumption, including the push to further lower existing blood-alcohol arrest thresholds.

Employment Policies Institute

The Employment Policies Institute (EPI) is a nonprofit research center opposed to raising the minimum wage, particularly in the labor-intensive restaurant industry. 'TIME Magazine' described EPI's work as helping to "lay the groundwork for the minimum-wage fight in 2014." [1]

Center for Union Facts

The Center for Union Facts (CUF) [29] argues that unions are corrupt and bad for workers.[9] It has run full-page ads in major print media outlets (New York Times, Wall Street Journal, and The Washington Post) blaming trade unions for the bankruptcies of American industries. The CUF website purports that it is the largest online database of labor-union reporting on salaries, budgets, and political spending. CUF has produced TV ads alleging intimidation by trade unions. CUF is a non-profit; 2007 federal tax returns showed revenues of $2.5 million, with $840,000 being paid to Berman and Company for management services.[16]

Enterprise Freedom Action Committee

The Enterprise Freedom Action Committee is a political action committee.[30] The group spent $315,000 on a campaign against Donald Trump during the 2016 Republican primaries.[31]

Criticism

Berman has appeared on 60 Minutes,[5] The Colbert Report,[32] and CNN[33] in support of his organizations. 60 Minutes has called him "the booze and food industries' weapon of mass destruction,"[5] labor union activist Richard Bensinger gave him the nickname "Dr. Evil,"[4][5] and Michael Kranish of the Boston Globe dubbed him a "pioneer" in the "realm of opinion molding."[34] In September 2013, the Huffington Post included Berman on its list of "America's Ruling Class Hall of Shame", described as a "sleazy corporate front man."[35]

The Humane Society of the United States (HSUS) and the Restaurant Opportunities Center have criticized Berman. HSUS has carried out its own investigations of CCF and Berman, and filed complaints about CCF with the IRS.[36][37] CCF has responded by filing its own complaint with the IRS against HSUS.[38]

Labor groups pushing to increase the minimum wage are also taking a tough line against Berman and his clients. The Restaurant Opportunities Center has taken an aggressive approach in its campaigns against Berman's base of support within the National Restaurant Association and related enterprises.[39]

In a January 4, 2015 article, Salon criticized Berman as a propagandist, "a gifted translator of biz-think into the common sense of the millions".[40]

On February 3, 2015, an opinion piece in Guns Magazine passed criticism that Berman received for putting profit over principle was countered with the claim that critics have not "made that case with examples of documented unethical practices, or by refuting anything the man, who decries a government nanny state and endorses personal responsibility, claims."[41]

Berman has responded to such criticism by stating that his groups have acted as "watchdogs who question the motivation, tactics and fundraising efforts of these powerful groups" and that targets "throw mud" instead of "debating the actual issues".[42]

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References
  1. "The Wage Warrior". TIME Magazine. March 10, 2014. Retrieved February 28, 2014.
  2. Website of the Center for Consumer Freedom Archived 2005-06-23 at the Wayback Machine
  3. "Business Week magazine online, Feb 27, 2006". Retrieved 13 August 2018.
  4. USA Today article: "Got a nasty fight? Here's your man", USA Today, July 31, 2006.
  5. Safer, Morley (2007-07-17). "Meet Rick Berman, A.K.A. 'Dr. Evil'". 60 Minutes (program episode).
  6. Warner, Melanie (2005-06-12). "Striking Back at the Food Police". The New York Times. Retrieved 2011-11-17.
  7. Lipton, Eric (9 February 2014.). Fight Over Minimum Wage Illustrates Web of Industry Ties. The New York Times. Retrieved 12 February 2014.
  8. Boxley, Mark (2012-01-31). "Betty Gail Brown cold case: Police have evidence, suspicions — but no resolution". KyForward. Lexington, Kentucky. Archived from the original on 2014-02-01. Retrieved 2014-06-16. The page-long entry details an encounter with a fellow Transylvania student, Richard Berman...."he remembers Betty as a very nice girl, but that it was such a long time ago that he remembers very little more than that."
  9. "Profile: Employee Freedom Action Committee". September 18, 2008 NPR.org
  10. Aniftos, Rania (August 9, 2019). "David Berman's Cause of Death Revealed". Billboard.
  11. Sean Michaels (2009-01-26). "Silver Jews reveal cause of split: 'My father is a despicable man … a human molestor'". The Guardian.
  12. Daniel Schulman (2009-01-28). "A Silver Jew Strikes Back". Mother Jones.
  13. Richard B. Berman (1995). Barbara Trach (ed.). "RICHARD B. BERMAN (quk06c00)" (PDF). Philip Morris (résumé). UCSF Library, Legacy Tobacco Documents Library. Retrieved 2012-10-15.
  14. ""Endless War" and Other Rallying Points". The New York Times. 2014-10-30. Retrieved 13 August 2018.
  15. Lipton, Eric (October 31, 2014). "Hard-Nosed Advice From Veteran Lobbyist: 'Win Ugly or Lose Pretty'". The New York Times. pp. A19. Retrieved 2014-11-01.
  16. Ken Silverstein (May 2009). "Corporate Front Man: Richard Berman manages the news on key labor-backed bill". Harper's Magazine.
  17. "Nonprofits Paying a For-Profit Firm". New York Times. 2010-06-17. Retrieved 2011-01-24. Six nonprofits provide as much as 70 percent of revenues for Berman and Company. Many of the groups' board members are current and former employees of the company.
  18. Drajem, Mark; Wingfield, Brian (2012-11-01). "Union Busting by Profiting From Non-Profit May Breach IRS". Bloomberg.com. Retrieved 2013-04-12.
  19. American Association of Political Consultants (1999–2013). "Past Winners". Retrieved 2013-12-11.
  20. UCSF's Legacy Tobacco Documents Library records show an $800,000 check in December 1995 and a $200,000 check in May 1996 written to Guest Choice Network and Berman.
  21. Washington Post article: "The Escalating Obesity Wars: Nonprofit's Tactics, Funding Sources Spark Controversy".
  22. HumaneWatch.org website, maintained by the Center for Consumer Freedom.
  23. PETAKillsAnimals.com website, maintained by the Center for Consumer Freedom.
  24. "The Humane Society and big agriculture slug it out over animal rights". Riverfront Times. April 14, 2010.
  25. Olberding, Matt. "Farm and Food: Recall worse PR than anything anti-meat groups could conjure". Retrieved 13 August 2018.
  26. "Charity Navigator: Donor Advisory". Charity Navigator. 2013-03-02. Retrieved 2013-04-12.
  27. Martin, Andrew (2003-08-04). "Flinging mud in nation's food fight". Chicago Tribune. Retrieved 2013-11-04.
  28. Berman's Battle Archived December 5, 2010, at the Wayback Machine"The American Prospect".
  29. Daniel Schulman Dr. Evil's Payday How PR op Richard Berman's "economic literacy" nonprofit spun payday loans into gold. Mother Jones, September/October 2009
  30. Kate Sheppard Donor Advisory Group Flags Berman Nonprofits Mother Jones, 5 April 2013
  31. Independent Expenditures, Communication Costs and Coordinated Expenses as of March 21, 2016 The Center for Responsive Politics, March 21, 2016
  32. The Colbert Report - October 29, 2007: Richard Berman.
  33. CNN.com transcript: "CNN SUNDAY MORNING Interview With John Banzhaf, Richard Berman".
  34. Kranish, Michael (2013-05-19). "Washington's robust market for attacks, half-truths". The Boston Globe. Retrieved 2013-11-04.
  35. Dreier, Peter (2013-09-22). "America's Ruling Class Hall of Shame". Huffington Post. Retrieved 2013-11-06.
  36. "Taking on the popular: 'Dr. Evil' targets Humane Society". Retrieved 13 August 2018.
  37. "Critical flier targets Humane Society gala, supporters". Retrieved 13 August 2018.
  38. Mark Drajem (2013-11-07). "Latest Salvo in Feud Targets Humane Society's Accounting". Bloomberg News. Retrieved 2014-03-01. [CCF] submitted a complaint saying the Humane Society violated IRS rules by listing as contributions the $17.7 million value of air time for its public service announcements to promote pet adoption.
  39. Greenhouse, Steven (2014-01-16). "Advocates for Workers Raise the Ire of Business". The New York Times. Retrieved 13 August 2018.
  40. Frank, Thomas (4 January 2015). "Chain restaurants are killing us: Billiionaire bankers, minimum-wage toilers and the nasty truth about fast-food nation". Salon Magazine. Retrieved 27 January 2015.
  41. Codrea Exclusive: “Green Decoys” Lure Sportsmen Into Deceptive Trap Guns Magazine, Rights watch, 3 February 2015
  42. "Myths". Berman Facts. Archived from the original on 2013-12-17. Retrieved 8 August 2016.
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