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- <text id=90TT3231>
- <link 91TT0458>
- <link 90TT1100>
- <link 89TT0011>
- <title>
- Dec. 03, 1990: A Stiff Term For The Wizard
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1990
- Dec. 03, 1990 The Lady Bows Out
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- BUSINESS, Page 82
- A Stiff Term for the Wizard
- </hdr>
- <body>
- <p>By sentencing Milken to 10 years in prison, a judge sends a
- message that aims to deter white-collar crime
- </p>
- <p>By JOHN GREENWALD--Reported by Bernard Baumohl and Thomas
- McCarroll/New York
- </p>
- <p> The sobs that shook Michael Milken in Manhattan federal
- court last week punctuated the most dizzying fall from power in
- modern Wall Street history. They came as federal Judge Kimba
- Wood sentenced the financial wizard, whose junk bonds fueled the
- epic 1980s takeover wars, to 10 years in prison. Said the
- tearful felon: "What I did violated not just the law but all of
- my principles and values, and I will regret it for the rest of
- my life. I am truly sorry."
- </p>
- <p> The sentence was by far the stiffest jail term in a
- five-year federal crackdown on securities fraud that has so far
- netted a dozen major convictions. The big fish included Wall
- Street speculator Ivan Boesky, who was fined $100 million for
- insider trading in 1986 and sentenced to three years in prison
- (he served two). As a condition of his plea bargain, Boesky
- helped prosecutors pursue Milken.
- </p>
- <p> The severity of the sentence stunned members of Milken's
- camp, one of whom had allowed before the sentencing that he
- "would consider three years to be too harsh." In its strategy
- the defense sought to portray Milken as a concerned citizen who
- taught math to inner-city children and donated large sums of
- money to charity, while striving to overcome his image as the
- personification of Wall Street greed. "Our goal was to make
- Michael a human being rather than a symbol," said a Milken
- source.
- </p>
- <p> But chief defense lawyer Arthur Liman may have blundered in
- his insistence that Milken's crimes were merely technical ones,
- even after the financier pleaded guilty last April to six of 98
- counts of securities violations and agreed to pay a record $600
- million in fines and restitution. The defense tactic helped
- precipitate an unusual two-week presentencing hearing that
- showed Milken's operations at the now defunct Wall Street firm
- Drexel Burnham Lambert to have been riddled with unlawful
- activities. Significantly, the new testimony did nothing to
- refute the government's claim that Milken had encouraged Drexel
- employees under him to destroy or remove incriminating
- documents. Moreover, Liman's strategy precluded Wood from
- crediting Milken for any real remorse. Said Wood: "Your crimes
- show a pattern of skirting the law, stepping just over to the
- wrong side of the law in an apparent effort to get some of the
- benefits from violating the law without running a substantial
- risk of being caught."
- </p>
- <p> How much time will Milken, 44, ultimately spend on ice?
- Wood said she will consider reducing the sentence if Milken
- cooperates with other government probes of Wall Street before he
- enters prison next March. Once he begins his term, Milken can
- be eligible for parole at any time. But experts said he would
- probably serve at least three years of the 10-year sentence
- because of the importance of the case as a deterrent to
- white-collar crime. Once Milken leaves the slammer, he will have
- to perform 5,400 hours of community service over three years.
- </p>
- <p> Some legal scholars were as shocked as the defense team by
- the length of the jail time. "Wow! I'm surprised," said Harry
- First, a New York University law professor who specializes in
- white-collar cases. "I was expecting five years just based on
- what other people have gotten." Declared Columbia law professor
- Harvey Goldschmid: "The message being sent is that you've got to
- play within the rules of the game. White-collar crime will be
- taken seriously and sentenced in a serious way."
- </p>
- <p> Wood drove home that point in rendering her decision. While
- she acknowledged that sentencing Milken to community service
- would permit him "to work productively with others," she
- asserted that "a prison term is required for the purposes of
- general deterrence." Moreover, she added, Milken had committed
- "serious crimes warranting serious punishment and the discomfort
- and opprobrium of being removed from society."
- </p>
- <p> Milken has the right to appeal on grounds that the
- presentencing hearing violated his rights by introducing charges
- that had already been dropped. But legal experts saw little hope
- for that strategy. "There is no right to appeal on the length
- of a sentence," says Columbia law professor John Coffee Jr.
- "They may try to challenge the constitutionality of the hearing,
- but I'm certain they will be unsuccessful."
- </p>
- <p> Even as Milken heard his sentence, the firm he had built
- into a financial powerhouse was under legal siege once again.
- Federal regulators earlier this month filed a $6.8 billion claim
- against the bankrupt Drexel for allegedly rigging the junk-bond
- market and selling bonds to savings and loans before the value
- of the IOUs collapsed. The government expects to lose at least
- $2 billion on junk bonds that it has taken over from seized
- thrifts. Drexel said it would strongly contest the government
- claim.
- </p>
- <p> When he emerges from prison, Milken will remain an
- extravagantly wealthy man. At the height of his power, from 1983
- to 1987, Drexel paid him $1.1 billion for pioneering junk bonds
- and turning them into Wall Street's most lucrative money
- machine. Instead of squandering the fortune on yachts and jets,
- Milken formed investment partnerships that earned him additional
- millions. But riches will not shield Milken from the loss of his
- freedom. In an 11-page plea for leniency that he wrote to Wood
- last month, Milken acknowledged, "All people, I am sure, have
- a fear of incarceration and separation. I am not unique, and I,
- too, have those fears."
- </p>
- <p> It is precisely such fears that Judge Wood intends to
- reinforce with her stiff sentencing of Milken, say experts. "We
- are dealing here with a theme that resonates very strongly in
- American society," says Columbia's Coffee. "It is that the abuse
- of responsibility by those in high places will be dealt with
- harshly." The government hopes to make the threat of harsh
- sentences for white-collar felons the pointed lesson of Michael
- Milken's fall.
- </p>
-
- </body>
- </article>
- </text>
-
-