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- <text id=90TT1100>
- <link 90TT2524>
- <link 90TT1174>
- <title>
- Apr. 30, 1990: Cutting The Deal Of His Life
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1990
- Apr. 30, 1990 Vietnam 15 Years Later
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- BUSINESS, Page 71
- Cutting the Deal of His Life
- </hdr>
- <body>
- <p>The long-defiant bond wizard slouches toward a plea
- </p>
- <p> As the presiding financial genius of the Roaring Eighties,
- Michael Milken pioneered the $200 billion junk-bond market that
- powered the decade's epic takeover wars. But last week a
- hounded and weary Milken, who had vowed to fight a 98-count
- indictment that the Government brought against him last year,
- agreed to settle the largest securities-fraud case in U.S.
- history. Faced with the threat of expanded new charges, the
- former head of Drexel Burnham Lambert's junk-bond department
- struck a tentative deal to plead guilty to six criminal counts
- and pay a $600 million penalty. Milken, who earned $550 million
- from Drexel in 1987, would be paying the heaviest fine ever
- levied against an individual. "This was Michael's decision,"
- said a person close to the case. "It was his shot."
- </p>
- <p> While sources confirmed the outlines of the plea bargain,
- the deal remains unofficial until it receives approval from a
- U.S. judge in Manhattan this week. Among the lingering issues
- was the length of the jail term that Milken, 43, would receive.
- Although he could draw a maximum of 30 years, the Government
- was expected to recommend no more than a five-year sentence.
- Moreover, prosecutors were said to have agreed to drop charges
- against Milken's brother Lowell, a former Drexel executive.
- </p>
- <p> Milken's financial penalty would far exceed the $100 million
- that Wall Street speculator Ivan Boesky paid upon pleading
- guilty to a single count of insider trading in 1986. With
- cooperation from Boesky, prosecutors built their case against
- Drexel and Milken. After paying a record $650 million penalty
- for securities violations a year ago, Drexel declared itself
- bankrupt last February.
- </p>
- <p> While Milken had proclaimed his innocence from the start,
- the long and demanding case clearly wore down his will to fight
- the charges. "He looked at the cards he was dealt, and must
- have figured that he couldn't have played them any other way,"
- says Andrew Astrachan, a former Drexel employee. "No one should
- question his decision to settle." For prosecutors, meanwhile,
- the agreement ends the need for a major trial that could have
- dragged on for years at a substantial cost to taxpayers.
- </p>
- <p> The plea bargain capped months of rumors that the Government
- was ready to expand an indictment already laden with charges
- of racketeering, securities fraud and insider trading.
- Prosecutors had given Milken until last Friday to settle the
- case or face the new charges. Under terms of the agreement,
- Milken is to plead guilty only to securities-fraud violations,
- which carry lesser prison sentences than his earlier charges.
- </p>
- <p> The deal reportedly included another key condition that
- Milken had sought. According to sources, Milken will not be
- required to testify against Wall Street traders and speculators
- in other Government cases. "Michael Milken is no Ivan Boesky,"
- said one Wall Streeter close to the case. "There are no
- revelations that Michael can give the Government." Some legal
- experts doubted that prosecutors ever intended to use Milken
- in that manner. Said Kenneth Schacter, a former U.S. Attorney
- in Manhattan: "Once you get to the mountaintop, it doesn't make
- sense to negotiate for people lower down."
- </p>
- <p> Will justice be served by the proposed penalty? According
- to Astrachan, "Michael Milken has been chewed up and spit out
- by the Government. It's disgusting the way that a guy who
- should be held in high esteem has been made out to be a
- scapegoat." But James Kuhn, a professor of ethics at Columbia
- Business School, argued that the settlement "punctuates the end
- of an era of greed, excess and money madness." Added Kuhn:
- "It's astounding that someone so bright would cross the line.
- You can now point to Milken as an example of what happens when
- you break the law." In his fall, the most powerful financier
- of the 1980s remains one of the decade's most poignant symbols.
- </p>
- <p>By John Greenwald. Reported by Thomas McCarroll/New York.
- </p>
-
- </body>
- </article>
- </text>
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