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- <text id=91TT2783>
- <title>
- Dec. 16, 1991: Scandal:Maxwell's Plummet
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1991
- Dec. 16, 1991 The Smile of Freedom
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- BUSINESS, Page 54
- SCANDAL
- Maxwell's Plummet
- </hdr><body>
- <p>Burdened by huge, previously unreported debts, the media mogul's
- empire breaks apart amid tales of skulduggery, real and imagined
- </p>
- <p>By Thomas McCarroll--With reporting by Anne Constable/London
- and Adam Zagorin/Brussels
- </p>
- <p> Ever since Robert Maxwell slipped mysteriously into the
- Atlantic Ocean last month, his media empire has been rapidly
- crumbling. While Maxwell's sons Kevin and Ian scrambled to
- prevent the conglomerate's collapse, creditors in half a dozen
- countries have been busy sorting out the tangled web of 400
- interlocking companies that were woven together by the late
- tycoon.
- </p>
- <p> But efforts to rescue the family business suffered one
- setback after another in recent weeks, including stunning
- revelations of possible fraud and double-dealing. Unable to keep
- the conglomerate, parts of which are publically traded, from
- unraveling, Maxwell's sons called it quits last week and put the
- family's privately held enterprises into receivership. Although
- the filing will buy the family time, it will do little to end
- the international row over Maxwell's assets. The Maxwell empire,
- which ranges from such highly visible publications as New York
- City's Daily News and London's Daily Mirror to tiny entities
- like Nimbus Records, is the subject of investigations on both
- sides of the Atlantic, notably a criminal probe by Britain's
- Serious Fraud Office (SFO). About 30 banks and other creditors
- are lining up in what promises to be a bruising humbug. Says
- Smith Barney analyst John Reidy: "Robert Maxwell left behind
- mysteries that may never be solved and a big, big mess that may
- never get unsnarled."
- </p>
- <p> Maxwell was deep in hock and struggling to keep his
- conglomerate afloat in the months before his death. The
- Czechoslovak-born press baron, who embraced socialism in the
- 1960s as a Member of Parliament, had run up $4.5 billion in
- debts to buy everything from American book publishers to British
- soccer teams to Israeli and German newspapers. But even before
- Maxwell was interred, reports of financial skulduggery in his
- shop began to surface. First came the startling revelation that
- the company was broke. Then came the discovery that Maxwell had
- pledged the same assets as collateral for various loans.
- </p>
- <p> The most explosive bombshell came last week, when it was
- revealed that the media magnate had secretly--and improperly--"borrowed" $767 million from worker pension funds at the two
- public concerns under his control. The money is missing and
- unaccounted for. This most unsocialist of acts prompted the
- Mirror's conservative archrival, Rupert Murdoch's Sun, to run
- banner headlines in Thursday's edition asking cheekily, MIRROR
- MIRROR ON THE WALL, WHO IS THE BIGGEST CROOK OF ALL?
- </p>
- <p> The latest revelations revived speculation linking
- Maxwell's death to the dire financial condition of his media
- empire. Although the preliminary autopsy report claimed the
- 300-lb. 68-year-old died of "natural causes," the exact
- circumstances of his death are still unknown. Even Maxwell's
- Mirror reported in its Thursday edition that at the time of his
- death the magnate was under increasing pressure to meet debt
- obligations. But while the events leading up to his demise
- remain obscure, one point is now very clear: Maxwell's wealth
- was more financial illusion than reality.
- </p>
- <p> The Maxwell family's conglomerate is loosely organized
- into three clusters. The two publicly listed companies include
- the Mirror Group, which publishes the Daily Record, the Sunday
- Mail and Racing Times, as well as the Mirror newspapers. The
- flagship company, Maxwell Communication, controls such concerns
- as Macmillan books, the Official Airline Guides and P.F. Collier
- encyclopedias. The Robert Maxwell Group is privately held and
- owned 100% by the family. Its operations include the Oxford
- United Football Club and publications like the European, as well
- as stakes in newspapers in Israel, Hungary and Kenya.
- </p>
- <p> But all three holding companies are also directly and
- indirectly linked to dozens of other family-controlled
- enterprises. Maxwell's creditors were unaware of the nature of
- the corporate structure because the man whose wealth was
- estimated at $1.8 billion incorporated family trusts in
- Liechtenstein, where tax laws and disclosure rules are virtually
- nonexistent. Not even Maxwell family members were aware of the
- web's scope. Said son Kevin, 32, who succeeded his father as
- chairman of Maxwell Communication until he stepped down last
- week: "Clearly we didn't know everything, and clearly he had a
- style of business where probably you had a need to know rather
- than a sharing of information all the time."
- </p>
- <p> As a result, the senior Maxwell was able to pile debt upon
- debt with no one, apparently, the wiser. His purchase of a
- British investment fund, First Tokyo Index Trust, illustrates
- how Maxwell used financial sleight of hand and guile to finance
- deals. Through Headington Investments, a finance company under
- his control, Maxwell borrowed $100 million from Swiss Bank Corp.
- last summer to buy the entire First Tokyo portfolio. Maxwell was
- supposed to turn over the portfolio to Swiss Bank in October as
- collateral for the loan. But Maxwell did not repay the loan, nor
- did he deliver the securities as promised. Meanwhile, he had
- already pledged the assets as collateral for loans made to
- another Maxwell company. The deal is being investigated by
- British law-enforcement authorities.
- </p>
- <p> Swiss Bank wasn't alone. Dozens of banks were left holding
- the bag. Among those with the heaviest exposure: Midland,
- Lloyds, National Westminister, Barclay's, Sumitomo Trust, Credit
- Lyonnais, Citicorp and Bankers Trust. While most banks were
- plain old gullible, some claim that they were duped. "We weren't
- wearing blinders," explains a banker. "But maybe we should start
- asking borrowers to take lie-detector tests."
- </p>
- <p> Months before Maxwell vanished from his 180-ft. yacht,
- there was a growing fear that he was having trouble meeting his
- repayment schedule. With the American and European economies
- starting to sour, Maxwell was faced with declining cash flow and
- debilitating debt payments. Despite his eroding financial
- condition, however, he was able to pass annual audits by leading
- European accountants Coopers & Lybrand Deloitte. That enabled
- Maxwell to add on more debt in March when he purchased the Daily
- News from the Tribune Co. by assuming as much as $35 million in
- obligations.
- </p>
- <p> As concerns about Maxwell's financial strength mounted,
- stock in Maxwell Communication weakened. After reaching a high
- of $4.28 a share in April, the price plunged to $2.18 by Nov.
- 5, the day he disappeared. By the time trading in the shares
- was suspended last week, the price had dropped to $0.63. The
- decline in stock value was of special concern to Maxwell's
- creditors, since most of the family's 68% stake in the company
- was pledged as collateral for loans. That stake, valued at
- nearly $2 billion in May, is now worth only $440 million.
- </p>
- <p> Maxwell did recognize that some assets would have to be
- sold to help pay off debt. His sons, including Ian, 35, have
- attempted to pursue that policy. So far, they have been able to
- raise more than $700 million by selling such assets as Macmillan
- Computer Publishing for $158 million and Berlitz International
- for $265 million. But with the deal market in a slump, there
- have been few takers and even fewer good offers. To attract
- buyers, the Maxwells have practically had to conduct a fire
- sale, selling assets for only a fraction of their worth. The
- Official Airline Guides has been on the auction block for
- months, for instance, but its likely buyer, Britain's Reed
- International, will probably not pay more than $500 million.
- Maxwell paid $750 million for the guide three years ago. Now
- even some of the deals thought to have been completed are in
- doubt. Last week company executives reported with some
- embarrassment that they were unable to locate stock certificates
- for Berlitz International that are integral to the completion
- of the sale of that firm to Fukutake Publishing of Japan.
- </p>
- <p> While the Maxwells managed, by hook or by crook, to raise
- enough to meet a $750 million payment due in October 1992, they
- conceded they would be unable to meet a $1.3 billion obligation
- due in October 1994. Unsatisfied creditors, however, may be able
- to go after the Maxwell family fortune. According to a leaked
- report by Bankers Trust and Coopers & Lybrand, Maxwell assets
- are estimated to exceed liabilities by about $350 million.
- </p>
- <p> For now, though, it will be up to the courts to sort out
- the mess. The Maxwells acted to place the private company, the
- Robert Maxwell Group, into receivership after all attempts to
- raise fresh outside capital proved hopeless. John Talbot, the
- administrator appointed by the High Court last week to oversee
- the family's private holdings, said Maxwell's remaining assets
- were likely to be put up for sale. That includes the Maxwells'
- stock in Maxwell Communication as well as their 51% stake in the
- Mirror Group.
- </p>
- <p> It could also include the Daily News. But that is not
- entirely certain. Only hours after the Maxwells declared
- insolvency, the New York City publication filed its own petition
- for bankruptcy in the U.S. in an effort to thwart any possible
- sale of the paper by the British administrator. In their
- determination to keep the paper open, Daily News unions
- expressed a willingness to make wage and other concessions. The
- paper was financially crippled earlier this year by a five-month
- strike that cost $1 million a day and that ended only after
- Robert Maxwell bought the paper in March. The News still remains
- unprofitable, perhaps prohibitively so. In a meeting with Daily
- News staff last Thursday, Kevin Maxwell vowed to continue
- publication: "There is absolutely no question that the News will
- come out." However, it remains unclear whether Maxwell can
- prevent the paper from being sacrificed to pay debts. Several
- potential buyers, including Mortimer Zuckerman, owner of U.S.
- News & World Report, have already expressed interest.
- </p>
- <p> On the other side of the Atlantic, workers at the Daily
- Mirror expressed dismay and anger after it was revealed that
- Captain Bob, as the swashbuckling Maxwell was dubbed years ago
- by the British humor magazine Private Eye, had looted their
- pension fund and treasury in order to prop up his personal
- fiefdom. The transactions, which took place in the months before
- he died, are being probed by British authorities. Last Friday
- SFO agents raided the family headquarters at Maxwell House in
- search of documents relating to the missing pension funds.
- Still, bemoans Ossie Fletcher, the former editor of the Mirror
- Group's Sporting Life, "we always assumed that the pension fund
- was untouchable."
- </p>
- <p> Not everyone shared Fletcher's now shattered faith in
- Captain Bob's empire and the media mogul's fitness as a manager.
- Two decades ago, British regulators investigating his 1969
- attempt to sell Pergamon Press concluded in a report that the
- murky relationships among Maxwell's privately held businesses
- made him specifically unfit "to exercise proper stewardship of
- a publicly quoted company." A principal author of that report,
- Sir Ronald Leach, now 84, said last week, "If anybody had taken
- the time and trouble to read and take notice of our report, they
- would have seen that what has been happening recently was
- happening 20 years ago." The final collapse of his empire
- suggests that Maxwell was less a media mogul than a master of
- a shell game.
- </p>
-
- </body></article>
- </text>
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