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- ╒ NATION, Page 42Taking It All Back, Plus Interest
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- The U.S. wants billions from the king of junk bonds
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- The indictment was long anticipated, but the size of the
- proposed penalties was enough to provoke a collective gasp
- among Wall Streeters. Last week a federal grand jury in
- Manhattan charged junk-bond king Michael Milken, 42, his brother
- Lowell, 40, and Bruce Lee Newberg, 31, a former colleague of
- theirs at the investment firm Drexel Burnham Lambert, with a
- total of 98 felony counts of stock manipulation, insider
- trading, racketeering and other crimes. The indictment calls for
- the three accused to forfeit their total compensation of $1.5
- billion for 1984 through 1987 (plus interest of $257 million)
- and pay fines of $3.7 billion. If convicted on all counts,
- Milken could face a maximum prison sentence of 520 years.
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- The most stunning new disclosure was the Government's
- calculation of Milken's income, which had previously been
- estimated at a mere $50 million to $100 million annually. But
- Milken's salary and bonuses actually amounted to $554 million
- in 1984-86 and an additional $550 million in 1987, the
- indictment says.
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- Milken's unprecedented income was the result of his
- employment contract with Drexel, where he has been the firm's
- biggest source of profits as head of its Beverly Hills-based
- junk-bond department. Milken almost single-handedly created the
- junk-bond market, which has grown from $1 billion in 1981 to
- $180 billion last year. His downfall began three years ago, when
- arbitrager Ivan Boesky, collared on insider-trading charges,
- began singing to prosecutors about alleged stock-fraud schemes
- he carried out with Milken and Drexel. Last December Drexel
- struck a deal with prosecutors that called for the firm to plead
- guilty to six felony charges and pay $650 million in fines.
- Drexel also said it would withhold $200 million in compensation
- owed to Milken for 1988.
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- Under last week's racketeering charges, the Government can
- freeze the Milken brothers' assets even before they are tried.
- Prosecutors are expected to ask the investment bankers to post
- a $1 billion bond to prevent such an asset seizure. Last week
- Milken said he would take a leave of absence from the firm to
- fight the charges. Said he: "After almost 2 1/2 years of leaks
- and distortions, I am now eager to present all the facts in an
- open and unbiased forum."
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- As a defense tactic, Milken's lawyers will probably attack
- Boesky's credibility because he received a reduced charge in
- return for his testimony. They could also challenge the
- constitutionality of the Racketeer Influenced and Corrupt
- Organizations law, the statute under which Milken has been
- charged. Some legal experts believe the law, originally designed
- to combat organized crime, gives prosecutors unfair leverage in
- white-collar-crime cases.
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