The encyclopedia · Finance & Accounting · Legal decision · 1970s–1990
Drexel was the most feared firm on Wall Street — then a $650M fine killed it
Drexel created the junk-bond market that fueled the 1980s. Then Milken's scandal triggered a $650M fine — the first Wall St bankruptcy since 1929.
Drexel Burnham Lambert · 1990-02-13
What happened
Drexel Burnham Lambert was a Wall Street powerhouse that, under Michael Milken, almost single-handedly created the market for high-yield junk bonds. The firm used these bonds to finance the 1980s takeover boom, funding deals for T. Boone Pickens, Carl Icahn, Ted Turner, and KKR's landmark buyout of RJR Nabisco. In its most profitable year, 1986, Drexel netted $545.5 million. Milken was paid $295 million that year and $550 million the next.
The scandal began in May 1986, when managing director Dennis Levine was charged with insider trading. Levine implicated arbitrageur Ivan Boesky, who led the SEC and US Attorney Rudy Giuliani to Drexel and Milken. In September 1988, the SEC sued Drexel for insider trading, stock manipulation, and defrauding clients. Giuliani threatened to indict the firm under the RICO Act, which would have required a $1 billion performance bond. To avoid that, Drexel entered an Alford plea to six felonies in December 1988 and agreed to a $650 million fine — the largest ever under securities laws.
The fine crippled the firm. Drexel posted a $40 million loss in 1989. On 13 February 1990, after regulators saw 'no light at the end of the tunnel,' the board voted to file for Chapter 11 bankruptcy — the first Wall Street firm forced into bankruptcy since the Great Depression. Milken was indicted in March 1989, pleaded guilty to securities and tax violations, and was sentenced to 10 years in prison (serving 22 months), fined $200 million, and ordered to pay $400 million in restitution.
Why it happened
- Drexel's insider trading ring was exposed when Dennis Levine was charged, then implicated Boesky, who led prosecutors to Milken. The SEC suit triggered a RICO threat that forced the firm to settle.
- The $650M fine was the largest ever levied under securities laws. It crippled Drexel, which posted a $40M loss in 1989 and filed for bankruptcy in 1990.
- Michael Milken was sentenced to 10 years in prison, fined $200M, and ordered to pay $400M in restitution. The firm's collapse was the first Wall Street bankruptcy since the Great Depression.
The lesson
A firm built on one man's relationships is a key-man risk with a trading floor. Drexel's $650M fine was a death sentence — the firm was Milken, and Milken was gone.
Sources
- Drexel Burnham Lambert — Wikipedia
- Los Angeles Times — SEC Sues Drexel, Milken (8 Sep 1988; accused of insider trading, stock market manipulation and defrauding the firm's clients in a massive lawsuit filed by the Securities and Exchange Commission)
- Orlando Sentinel — Drexel Agrees To Guilty Plea, Fine (22 Dec 1988; agreed to plead guilty to six federal felony counts and pay a record $650 million fine — the biggest penalty assessed for securities fraud, previous record $100 million against Boesky; Giuliani RICO threat)
- Los Angeles Times — Drexel Burnham Files for Bankruptcy (14 Feb 1990; board voted to file for Chapter 11 protection 13 Feb 1990; first time a major investment bank has been forced into bankruptcy proceedings since the Depression)
- Los Angeles Times — Collapse of Drexel: A Chronology (14 Feb 1990; Levine charged May 12 1986; Boesky Nov 14 1986; SEC suit Sept 7 1988; plea Dec 21 1988; Milken indicted Mar 29 1989; Drexel posted a loss of $40 million for 1989; Chapter 11 filed Feb 13 1990)
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