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TIME: Almanac 1995
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1995-02-26
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<text id=93TT0446>
<title>
Nov. 01, 1993: Socking The Rock
</title>
<history>
TIME--The Weekly Newsmagazine--1993
Nov. 01, 1993 Howard Stern & Rush Limbaugh
</history>
<article>
<source>Time Magazine</source>
<hdr>
SECURITIES, Page 57
Socking The Rock
</hdr>
<body>
<p>In one of the largest settlements ever, Prudential will pay
thousands of customers who were victims of fraud
</p>
<p>BY JOHN GREENWALD--Reported by Kathryn Jackson Fallon and Thomas McCarroll/New
York and Adam Zagorin/Washington
</p>
<p> The most important thing we earn is your trust." That Prudential
Securities advertising slogan rang a bit hollow last week after
the company agreed to pay the largest penalty ever levied against
a brokerage for defrauding small investors. Prudential said
it would repay at least $330 million to customers across the
U.S. who lost money on the company's limited partnerships in
the 1980s. The firm will pay another $41 million in fines. Even
those hefty sums might be little more than a down payment: in
settling with the Securities and Exchange Commission, Prudential
said it will fully compensate all investors who can show they
were bilked in some $8 billion worth of partnership deals dating
back to 1980. Moreover, the company is all but handing over
its checkbook to Irving Pollack, 75, a Washington attorney and
former SEC commissioner, who will determine the size of each
award, if Prudential's offers prove unacceptable to investors.
</p>
<p> The sweeping case was virtually unprecedented among SEC actions,
which are typically narrower in scope. "In effect, the SEC reviewed
a course of conduct that stretched over a decade and said it
was systematically bad," noted Joel Seligman, a University of
Michigan law professor. Concedes a Prudential spokesman: "We
made some real mistakes in terms of how the partnerships were
marketed and sold." In all, some 400,000 individual investors
lost money on the deals.
</p>
<p> While Prudential neither admitted nor denied that it broke the
law, its arrangement with the SEC commits it to a punishing
regimen of repayment of losses that the agency says Prudential
Bache foisted on its customers. (Pru Bache is the old name for
the securities unit of Prudential Insurance.) The deals involved
more than 700 partnerships ranging from energy exploration to
commercial real estate, ventures that normally attract sophisticated,
high-income investors.
</p>
<p> Parceling out compensation to the victims will now cost the
company some $20 million in administrative expenses over the
next three years. Pollack will earn $20,000 a month for supervising
a cadre of lawyers, accountants and financial appraisers hired
at his discretion on the Pru's dime, who will sift through customers'
claims. "If you're a widow for whom the purchase of a risky
oil-and-gas partnership was inappropriate and you were told
it was safe, you're very likely to get compensation," says Thomas
Newkirk, an associate SEC enforcement director who worked on
the case. "But this is not money from heaven; people will have
to prove their claims."
</p>
<p> The $330 million compensation fund will also cover any court
cases that Prudential settles after July 1, 1993. That provision
grandfathered in a $120 million award that the company two weeks
ago agreed to pay in a class-action suit in New Orleans. Since
the fund has no ceiling and no statute of limitations will apply,
it is unlikely that $330 million will cover all claims. But
if there is any money left, it will revert to the U.S. Treasury.
The one silver lining for the chastened firm: Prudential can
write off the compensation payments as a tax-deductible business
expense and thereby leave other taxpayers to foot part of the
bill.
</p>
</body>
</article>
</text>