Henry T. Nicholas III

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Henry Thompson "Nick" Nicholas III (b.1959), is an American communications technology entrepreneur and businessman.^[1] He co-founded Broadcom Corporation, a leading maker of integrated circuits for broadband communications. He was its President and Chief Executive officer from its inception in 1991 until January, 2003.^[2]

Nicholas was the primary funder of a "Victim's Bill of Rights" ballot initiative, Proposition 9, which was passed by California voters in November, 2008. ^[3]

Through his foundation, Nicholas is a major supporter of educational institutions such as UCLA and UC Irvine, as well as medical research, youth sports and other initiatives. ^{[4] [5]}

Nicholas was indicted for felony drug, conspiracy, and securities fraud.^[6][7] One of the indictments included drug and sex related allegations summed up by the The Times (London): "a sex cave", "fully stocked warehouse of drugs", and "a brothel’s worth of prostitutes on the payroll". [4] However, the allegations made in the drug indictment largely come from two sources--Roman James and Kenji Kato--both of whom have filed separate, unrelated lawsuits against Nicholas. ^[8]

On Dec. 15th, 2009 an L.A. Times article [5] reported that all stock backdating charges against Nicholas had been dropped: "Accusing prosecutors of a 'shameful' campaign to intimidate witnesses and obtain unjustified convictions, a federal judge threw out high-profile criminal stock fraud charges against Broadcom Corp. co-founder Henry T. Nicholas III and the company's former chief financial officer. U.S. District Judge Cormac J. Carney issued his ruling Tuesday, less than a week after he overturned a guilty plea by company co-founder and Anaheim Ducks owner Henry Samueli. The judge also dismissed a civil lawsuit that the Securities and Exchange Commission had filed against Broadcom executives, wiping away misconduct allegations that had plagued the Irvine-based microchip giant for years."

Nicholas is ranked number 195 on the 2007 list of Forbes' richest Americans, with a net worth of $2.3 billion.^[9]

Contents 1 Early life and education 2 Career 2.1 Broadcom 2.2 Current activities 2.3 Business awards 3 Other activities 3.1 Philanthropy 3.1.1 Criminal justice and politics 3.1.2 Education 4 Personal 4.1 Drugs and alcohol 4.2 Alleged sex cave plans 4.3 Indictment 5 References

[edit] Early life and education

Nicholas was born in Cincinnati, Ohio to Marcella and Henry T. Nicholas Jr.

Nicholas lived in Glendale, Ohio until he was 4 years old. His father was an attorney with the IRS and his mother was a teacher and later an administrator at the Princeton School district in theatre. When his parents divorced, and he moved with his mother and sister Marsalee (Marsy) to Los Angeles, California, where his mother planned to get her Masters degree in drama from University of California, Los Angeles (UCLA). At UCLA, she met Bob Leach, her second husband, and Nick’s "real dad". Nicholas attended elementary schools in Malibu and Santa Monica High School.

After attending the United States Air Force Academy, in Colorado Springs, Colorado, Nicholas received a Bachelor of Science degree, and then both a Masters Degree and Ph.D. in Electrical Engineering from UCLA. It was at UCLA that Nicholas met Dr. Henry Samueli, his future business partner.

[edit] Career

After graduating from UCLA in 1987, Nicholas worked at TRW in Redondo Beach, then went to PairGain Technologies in Cerritos, California, where he was director of Microelectronics. He left PairGain, which was later acquired by ADC Telecommunications, to co-found his own endeavor, Broadcom Corporation in 1991.

[edit] Broadcom

In 1991 Nicholas and Samueli each invested $5,000 in their joint venture and worked out of Nicholas' Redondo Beach home, moving to Irvine four years later, taking the firm public three years after that in 1998. ^[10]

At Broadcom, Nicholas was President and Chief Executive Officer.^[11] He and Samueli made significant developments in wireless technology. Today, Broadcom makes semiconductors for wired and wireless communications enabling the networking of voice, video and data services.

He was known to enforce a dress code throughout the company, requiring employees to wear business attire, unlike more relaxed Silicon Valley workplaces. ^[12]

Nicholas resigned as Broadcom's CEO in 2003, saying that his resignation "was driven entirely by personal issues related to family separation and divorce".^[13]

In June 2008, both Nicholas and William Ruehle, the former chief financial officer of Broadcom, were charged with improperly backdating stock options, forcing Broadcom to take a $2.2 billion write-down.^[6]

On Dec. 15th, 2009, charges of stock backdating and securities fraud were thrown out. "U.S. District Judge Cormac J. Carney took the step less than a week after he dismissed the conviction of Broadcom co-founder Henry Samueli, saying he did not believe he committed a crime. Carney ruled that prosecutors had improperly intimidated witnesses, tainting their testimony and making the case 'a mockery of justice.' " [6]

[edit] Current activities

Nicholas has served as a Distinguished Adjunct Professor of Biomedical Engineering and Electrical Engineering and Computer Science at the University of California, Irvine.^[14]

Dr. Nicholas is currently retired

[edit] Business awards

Nicholas was the recipient of an Orange County Titan Award, the Ernst & Young Entrepreneur of the Year award for Electronics, was named as one of the Top 20 Entrepreneurs by Red Herring magazine and one of the World’s Top 50 Cyber Elite by Time Digital Magazine.

[edit] Other activities

[edit] Philanthropy

The Henry T. Nicholas, III, Foundation focuses on improving the quality of life through investments in education, youth sports, medicine, technology, law enforcement and national defense.^[15]

[edit] Criminal justice and politics

In 1983, while he was in graduate school, Nicholas' sister, Marsalee ("Marsy") was brutally murdered.^[16] Since then, he has been an advocate for the rights of surviving victims in criminal justice. ^[15] Nicholas was the primary funder of a "Victim's Bill of Rights" ballot initiative, Proposition 9, which was passed by California voters in November, 2008. ^[17] It was named “Marsy’s Law” (sometimes misspelled "Marcy's Law") ^[18] after his sister. It guarantees victims and their significant others, rights to safety, privacy, restitution, and to participate in specific court proceedings against the accused. ^[19]

In opposition, the UC Davis School of Law’s Civil Rights Clinic and Federal Public Defender filed an action in federal court to challenge the fifteen-year denial of parole, which is an element of Proposition 9, on the grounds that it violated the Constitution of the United States. ^[20] The element disallowing alleged parole violators from having an attorney present at the hearing was also questioned on constitutional grounds. ^[21]

In April 2009, Nicholas called for a national campaign to have victims' rights added as a US constitutional amendment ^[19] and began the successful movement, Marsy's Law For All.^[22]

Nicholas also backed a “tough on crime” ballot measure, Proposition 6, which was defeated. ^[23]

Nicholas also was instrumental in defeating an effort to roll back California’s “Three Strikes” law. ^[24] In 2004, California voters were considering Proposition 66, which would have weakened the Three Strikes Law. Ten days before the election, polls indicated it was going to pass by as much as 75% of the vote. Nicholas became involved, supporting a bipartisan coalition of elected officials including past California governors, celebrities and grass roots organizations, and personally speaking in television and radio spots, recounting the tragedy in his own family. Helped by television announcements from the governor Arnold Schwarzenegger, stating that the proposition was "nothing but a loophole for violent criminals", ^[25] the ballot measure narrowly lost. ^[26][27]

Nicholas has assisted his parents in expanding "Justice for Homicide Victims, Inc.", a non-profit organization that supports the surviving victims of homicide. ^[28] He was the 2005 recipient of the Ronald Reagan Award for Pioneering Achievement in Criminal Justice, and has been honored frequently by law enforcement organizations for his work supporting victims’ rights.

[edit] Education

With retired Judge Jack Mandel and the Episcopal Diocese as his partners, Nicholas announced that his education foundation will open "Academic Centers" in Orange and Los Angeles Counties to provide a safe and nurturing school environment to help high-potential, underprivileged students realize their educational goals. Nicholas pledged $10 million over 20 years for the first Nicholas Academic Center in Santa Ana, which opened in January, 2008. ^[29] A second Center opened on the Valley High School campus the following year. In September 2009, the Centers announced they had helped send 24 students to colleges, such as UCLA, Denison University and Allegheny College, with more than $500,000 in scholarships. ^[30]

In 2004, Nicholas announced a $10-million gift to St. Margaret’s Episcopal School in Orange County and the formation of a partnership with UC Irvine’s engineering school.^[31]

[edit] Personal

Nicholas married in 1987; he and his former wife Stacey, a retired electrical engineer, had three children, Brett, Matthew, and Shelby. ^[32]

Nicholas is now divorced.

[edit] Drugs and alcohol

Nicholas has been allegedly linked to drugs and alcohol abuse in the last decade. In April 2008, he voluntarily checked himself into the Betty Ford Center alcohol rehabilitation program, as he struggled with a divorce and the death of his stepfather.^[33]

A hidden video of Nicholas surfaced on YouTube shortly before the indictment. The video was confirmed when his attorney affirmed the video was indeed Nicholas. In the video it appears that he snorts cocaine.

Nicholas is currently under indictment for felony drug conspiracy (SA CR 08 - 00140, Central District of California, Southern Division).^[34] Nicholas completed treatment at Cliffside Malibu while awaiting trial on federal charges.^[35]

He lives in Newport Coast, Newport Beach, California.

[edit] Alleged sex cave plans

In 2007, a construction team sued Nicholas, alleging he had failed to pay them for a proposed underground sex cave, where he could indulge his "manic obsession with prostitutes" and "addiction to cocaine and Ecstasy." ^[36] The lair allegedly had "hidden doors and secret levers, an underground grotto, tunnels and a 2,000-square-foot sports bar he called "Nick's Cafe." ^[36]

However, David Smith, a neighbor and friend of both Henry and Stacey Nicholas, claimed in a Forbes October 2009 article that his sons used the so-called underground lair with the Nicholas boys for band practice. ^[37]. Furthermore, Henry Nicholas claimed the underground lair was not a secret-- as claimed by his wife and several articles-- because he often gave tours to news organizations of the lair and was photographed publicly inside of it. ^[38]

[edit] Indictment

In June 2008 Nicholas was indicted for felony drug, conspiracy, and securities fraud.^[6][7][39]

The securities fraud charges were thrown out on Dec. 15th, 2009 as noted in an L.A. Times article. [7] "A federal judge this morning dismissed the criminal stock-options backdating case against Broadcom Corp. co-founder Henry C. Nicholas III and the company's former chief financial officer William J. Ruehle. U.S. District Judge Cormac J. Carney took the step less than a week after he dismissed the conviction of Broadcom co-founder Henry Samueli, saying he did not believe he committed a crime. Carney ruled that prosecutors had improperly intimidated witnesses, tainting their testimony and making the case 'a mockery of justice.' He said the government's conduct in the case was 'shameful.' The judge scheduled a Feb. 2 hearing to consider whether he should consider narcotics distribution charges against Nicholas -- the only remaining charge in the case."

Of the indictment, Nicholas' lawyer John Potter, said: "This is supposed to be a drug case, but there are no allegations Dr. Nicholas ever sold drugs, there was no seizure of any drugs and there are no drugs as evidence. Instead the case largely rests on the testimony of witnesses (Roman James and Kenji Kato) who have previously sued Dr. Nicholas for tens of millions of dollars and who injected into their lawsuits fantastic but unfounded allegations of drugs and prostitutes." ^[40]

[edit] References