Steve Wynn has left the building. Don’t expect a comeback

When it comes to the analytical handwringing associated with casino mogul Steve Wynn’s implosion last week as chairman and CEO of Wynn Resorts, few investment touts rival Jefferies for breathlessness.
“Elvis has left the building,” Jefferies analyst David Katz wrote in a widely-quoted investment memo.
By that, I suppose, he meant the hip-swiveling, youthful Elvis, or perhaps the high-energy King in his prime, not the bloated caricature the Vegas headliner would become.
Then Katz kicked into hype overdrive: “Mr. Wynn’s value to the company is inarguably profound as its chief visionary and diplomat. As such, we do not believe the company can grow at the same trajectory nor can it maintain its cutting edge position.”
Inarguably profound -- so long as no one scrutinized his corporate excesses, dug into the myriad tales of his sexual harassment of employees or paid a bit of attention to the lack of independence of his hand-picked board of directors.
He’s left the building, all right. And he’s not coming back.
Wynn’s resignation was followed by an 8K filing with the Securities and Exchange Commission Friday in which he officially gave up the proxy fight with ex-wife Elaine Wynn, who owns 9 percent of the company but has been blocked from voting her shares. “In light of the significant changed circumstances triggered by Mr. Wynn’s resignation, this letter hereby constitutes formal notice that Mr. Wynn no longer contests Ms. Wynn’s judicial admission that the 2010 Stockholders Agreement is invalid and unenforceable,” Steve Wynn attorney Donald Campbell wrote. “Accordingly, while Mr. Wynn does not agree with Ms. Wynn’s bases for claiming the 2010 Stockholders Agreement is now invalid and unenforceable, he does agree that it no longer binds either party.”
The trouble with the Wynn-as-irreplaceable guru imagery is that it fails to take into account his own history and the reality of a changing Las Vegas, a place where casino executives once enjoyed an off-the-record lifestyle.
Setting aside the sleazy sexual harassment allegations contained in The Wall Street Journal’s recent haymaker article, no easy feat in itself, Wynn’s corporate stewardship has been the subject of criticism throughout his career. For anyone familiar with Wynn’s career as a high-profile corporate casino baron, it was predictable.
Back when he was the Vegas phenom at the helm of the Golden Nugget, his reputation for commanding the company jet was the stuff of legend -- and a sore subject with admittedly disgruntled early investor and former board of directors member Ed Doumani.
After getting elbowed to the sidelines during Wynn’s attempt to expand into the then-lucrative Atlantic City gaming market, Doumani penned a widely circulated letter dated Jan. 19, 1980 that may sound familiar to the attorneys representing plaintiffs in a 2018 stockholder lawsuit against the ousted mogul and his board of directors.
“Never in the annals of a public company has anyone taken more advantage than yourself,” Doumani wrote. “The G2 is truly your private aircraft, not really a corporate one. You personally maintain its scheduling to cater to your whims. ... Steve, you have single-handedly alienated every associate who started with you in this endeavor. I am relieved not to be on your spineless Board of Directors who are manipulated by you as a puppeteer does with his marionettes....”
The bitter Doumani’s business career and Vegas associations were far from pristine, and he was later mired in the shadowy sale of the Tropicana, but he was also a consummate insider who had once heralded Wynn’s rapid rise.
Wynn was at the pinnacle of the industry when he opened The Mirage in 1989 and defied the critics (myself included) by not only making his $1 million-a-day mortgage costs but setting records on the casino floor. He was flying high and no one groused about his use of the corporate jet.
A decade later, following an ill-advised litigation with then-casino man Donald Trump, Wynn was battered with some familiar criticism. A Forbes study noted Wynn’s company spent $233 million in a “promotional budget” in 1999 compared to MGM Grand’s $97 million. Mirage Resorts’ profits were tanking and its stock reflected the bad news. By early 2000, quiet billionaire Kirk Kerkorian swept in and scooped up Wynn’s company.
At The Wall Street Journal, Andre Martinez wrote, “In the end, no matter who winds up controlling Mirage Resorts, it will emerge from this saga eager to play by Wall Street’s house rules -- one of which is that you don’t trust a madly brilliant artist for whom money is no object to run a publicly traded company.”
Ronald Glover of Business Week was less polite. “The game he’ll miss is called perks galore, and few know how to play the angles better than Steve Wynn.” Glover went on to list everything from Wynn’s use of the $10 million “company” jet, condominium in New York and mansion in Atlantic City as well as a nifty arrangement that paid the chairman $5.2 million annually for the privilege of displaying his artwork at the resort.
Wynn made an incredible comeback in the first decade of the new century with grand successes on the Strip and in Macau. The stock of Wynn Resorts, with the help of company co-founder Kazuo Okada, soared skyward.
The alliance didn’t last. Once good friends, Okada and Wynn remain locked in a nasty litigation. In the wake of the sexual assault scandal and Friday’s fold in the Elaine Wynn suit, the odds are shifting in the Okada case as well.
The stockholder lawsuit filed last week on behalf of Norfolk (Mass.) County Retirement System by the Eglet Prince and Chimicles & Tikellis law firms not only fillets Wynn’s leadership, character and “egregious breaches of fiduciary duty,” but is particularly unsparing when it comes to depicting his board of directors as overpaid minions. From the lawsuit: “As a former Board member explains, ‘Mr. Wynn has run Wynn Resorts as a personal fiefdom, packing the Board with friends who do his personal bidding, and paying key executives exorbitant amounts for unwavering fealty.’”
Whether that lawsuit wins or loses, would a responsible investment entity be able to justify handing Wynn the keys to another publicly traded company?
His impact on the gaming industry is undeniable, but it appears that even Las Vegas is finally growing up. Steve Wynn has left the building.
Don’t expect the casino king to make a comeback.