Comfortably ensconced in a large
armchair in his office on Madison Avenue, Stanley
S. Arkin speaks with the deliberation of a man who's
accustomed to having his words taken at face value.
A native of Los Angeles, he speaks softly and dresses
expensively, but unflamboyantly. A respected litigator
and the senior partner of Arkin Kaplan LLP, he has
argued some of the most interesting cases of financial
fraud and insider trading before the courts, including
the United States Supreme Court, and is one of the
best-known criminal defense attorneys in the country.
The scope of his practice has gradually expanded
beyond business and regulatory cases to include civil
matters, internal corporate investigations, and even
divorce cases. If you're pushing the envelope in
any of these areas, you'd want Stanley Arkin on your
side.
Arkin
studied at the University of Southern California and
then went to Harvard Law School. He graduated cum laude
in 1962 and a year later came to New York. "I
began working for a man who was a renowned white-collar
criminal defense practitioner named Harris Steinberg," he
told Earthtimes. "I became a sort of apprentice
to him, and in his last year of life I was his young
partner. He died in 1969."
Arkin
then went into practice on his own and began to focus
on economic
crime, the defense of complicated
financial cases. "I'm not going to mention particular
cases," he said, "but I argued the first
insider-trading case before the Supreme Court." That
was in 1980, when he defended financial printer Vincent
Chiarella before the highest court and succeeded in
having his conviction overturned following a groundbreaking
ruling that limited the legal definition of an "insider."
Michael
Douglas may have personified the greed of the 1980s
on the silver
screen, but it was Arkin who
was on the front lines of the effort to create a legal
framework for the new and imaginative trespasses of
the new very ambitious mentality. "I was involved
in many of those cases," he said, "Wall Street
greed, arbitrageurs' trials--it was an interesting
time."
Does
he see a parallel between the excesses of the Eighties
and the loss
of confidence in today's markets? "There
may be some of the same motivations--the arrogance
and cupidity--but I think it's somewhat different now
because the governance issues now go very much to the
core of the professionals who surround a business.
I think the Nineties spawned a level of greed and self-interest
that certainly has made for a different quality in
the problems emerging now. In the Eighties, insider
information wasn't as fully understood as it is today,
it was very different. Greed has always been the same,
but the breadth of the governance issues today reflects
a broader malaise, a much greater sense of the things
we have to repair. I'm not saying that back in the
Eighties auditing was any better--though I suspect
it was--but I think that the Nineties bred a diminishing
of professional resolve on the part of auditors."
Arkin
believes that the growth of commerce, the globalization
of the
economy, and extraordinary pressures on businesses
to remain competitive while maintaining their capital
base and credit made corruption today "somewhat
more pervasive." "I'm not saying it's corruption
of the traditional, biblical sort--or maybe it is--but
basically it's spawned by self-absorption, a sense
of self-entitlement, an unusual and I think economically
indefensible way of valuing the services of particular
people."
Arkin
believes the government can take action to tackle
the problems
of the markets. "The government must
respond by a showing of muscle. But I think what needs
to be done swiftly is an overhauling of the obligations
of auditors and accountants. An extraordinary effort
has to be made to restore credibility to the American
marketplace. Nothing is more important to the marketplace
than preserving its traditions of at least claimed
probity, and not to do that would be very bad. That's
the area in which government and our regulators and
our leaders in business should move swiftly, directly
and with some apparent resolve and definitive action
as opposed to pap."
Arkin has been involved in a number of high-profile
Wall Street cases. His clients included Paul Mozer,
former head of the Government Trading Desk at Salomon
Brothers, for whom Arkin won the enforcement of a plea
agreement; arbitrageur Salim Lewis who was charged
with stock manipulation; Harold Gleason, the former
chairman of the Franklin National Bank; Alan Fiers,
a former Central Intelligence Agency officer facing
charges in the Iran Contra investigation; and J. Bruce
Johnston, a former US Steel executive charged with
labor law violations. Arkin also defended Father Bruce
Ritter, the former head of Covenant House, against
allegations of sexual abuse.
Arkin has represented or advised companies, agencies
and individuals in civil cases that included the largest
arbitration ever conducted before the National Futures
Association involving Republic National Bank and its
affiliates. He also represented or advised investor
Ronald Perelman; Wall Street executives in connection
with regulatory investigations by the Securities and
Exchange Commission and the National Association of
Securities Dealers; the late Pamela Harriman, US Ambassador
to France, on claims concerning trusts established
by her husband W. Averell Harriman; Israel Aircraft
Industries in a contract dispute with American Express
Bank; and Prince Albert Grimaldi of Monaco.
When
Goldman, Sachs & Co. faced litigation in
connection with the bankruptcy of Orange County in
California, it turned to Arkin. Peter Cohen, former
chairman of Shearson Lehman Hutton, and Kenneth Roman,
former CEO of Ogilvy & Mather, wanted Arkin to
represent them in connection with contractual and employment
disputes, as did Steve Black of Salomon Smith Barney.
And,
of course, Johnny Carson famously asked Arkin to
represent him "in the field of matrimonial
law," as the law firm's brochure delicately puts
it.
Arkin
has also been involved in a number of what he calls "exotic cases." These include lawsuits
in foreign countries, combining the structure of defense
of civil lawsuits across different legal systems, and
some high-profile investigations. One such investigation
involved the late Edmond Safra, chairman of Republic
New York Corporation. "American Express was defaming
him around the world, and I put together both an international
investigation and a strategy whereby we showed that
American Express intentionally was trying to defame
Mr. Safra. We made them apologize. It was an interesting
case," Arkin said, and it resulted in the American
Express Company's payment of $8 million to designated
charities and a public apology to Safra.
"Through the nineties there were a number of
cases in the regulatory and financial area, a lot of
high ticket negotiations," Arkin said. "The
practice kind of burgeoned out to where we do not just
do criminal or regulatory issues, but are involved
in a number of plaintiffs' actions--some of which are
novel in their construct. We are defending a host of
other civil litigation matters, and then we have a
class of cases--about 25 percent of our practice--which
we call 'strategy cases.' These are generally complicated
cases that have a legal aspect, but also many other
dimensions."
These
other dimensions clearly fascinate Arkin. "One
of the things I've always believed," he said "is
that you can't effectively practice law if you have
blinders on, that is to say if you do things simply
by reading rule books as opposed to thinking about
the case. You have to find your own sense of what the
problem is and how to resolve it." He added, clearly
relishing the intuitive aspects of his work: "And
to my mind the best lawyering, the best representation
is if you look at the person's problem in a broad way
and understand its dynamic. And, there are times when
you have to dig very deep into the law, when you have
to understand the nuance of regulations or to interpret
law, to put together legal pleadings as the case may
be--all of which is a craft and a fine art."
Arkin
is a Fellow of the American College of Trial Lawyers
and a former
adjunct professor at New York
University Law School. Teaching must have come easily
to him. "To be effective advocates, to be effective
'get-it-done' representatives of their clients, lawyers
have an obligation today to advise their clients on
whether they're breaking the law either in letter or
spirit. They must attempt to make their client as socially
responsible and as productive as can be. That's part
of what the profession should be," said Arkin
with conviction. "Lawyers are given special license
to represent people and interpret law. How unseemly
it would be to have lawyers interpret law and represent
people in our courts, without at the same time promoting
a sense of civil decency and responsibility."
Arkin
said he finds "lawyering and representing
companies remarkably interesting. I have found in my
strategy cases, in particular, that the collection
of information is keenly important and that you need
information to inform strategy. And over the years,
as a lawyer you use private investigators, use other
sources--and those devices can be enormously helpful.
What I've done in recent years is put together this
state-of-the-art company to collect intelligence worldwide." The
state-of-the-art company is The Arkin Group LLC (usually
referred to as TAG) established in May 2000 as an international
consulting firm specializing in strategic business
intelligence, crisis management, confidential investigations,
and political risk and security assessments. TAG's
mission is "to help clients worldwide maximize
their performance and achieve strategic objectives
through intelligence, analysis and problem-solving."
"I
use the services of TAG on a third of my legal cases.
It is headed
by Jack Devine who was former chief
of worldwide operations for the CIA. We have trained
analysts and a field network of a large number of people,
and essentially we acquire information in state-of-the-art
ways--all completely lawful, of course. We interpret
that information and we implement strategies for some
of my cases that have unusual international dimensions."
Which
can be complicated. "We have resources
around the world but we are very strict about abiding
by the law," Arkin stressed. "We utilize
former intelligence agents, journalists, business people,
police around the world. And we have Ph.D. analysts
to help us interpret the material. The Arkin Group
is an amplification of the law practice, but it also
has its own business. The group does everything, from
investigation in the Ukraine and China and Southeast
Asia to Africa and South America. Its clients include
mostly US and foreign companies, certain individuals,
a couple of governments. Word gets out, and The Arkin
Group is now well known."
Arkin
is selective about the cases he accepts. "That
may be because the subject is not among those that
interest Arkin at a given moment, or resources may
be thinly stretched. "Or the case does not have
an economic future or a principal objective or merit
that might balance out the lack of economic opportunity," adds
Arkin, not forgetting the bottom line. Yet, over the
years he has done a great deal of work without charging
anything, "because it's the sort of thing you
just don't charge for," he said, modestly declining
to be more specific.
And
what informs his work? "I value straightforwardness,
I value loyalty," he said. "I have my own
construct of decency and I won't engage in gratuitously
hurting someone. I like combat, but I like fair combat--it
doesn't have to be conventional but it must be fair.
I like the sense of keeping your word, itís
most important. I like people to say what they mean.
And if I deal with people who are so thoroughly self-absorbed
that they are unmindful of other peopleís interests
or concerns, Iím not comfortable representing
them. I believe in being aggressive and strong for
your own interests, in trying for the very best for
yourself, but there are limitations and constraints
of common sense. And I believe that there are objectives
not worth pursuing."
But
Arkin is clear on some of the causes he does consider
worth pursuing. "Our society here in America needs
to change some things. For one, I think our drug laws
are senseless, I think they make criminals out of people
who really are not, and they have created the most
vastly well funded and corrupt underworld ever in the
history of mankind. I think there are lots of ways
of handling drug-related problems without having a
whole criminal bureaucracy and heinous and cruel laws
to deal with what are essentially not criminal issues," Arkin
said forcefully. "I think inevitably some drugs
will be decriminalized, you see it already in some
states, also in England and some European countries.
It's hard in a society to balance how many rules you
want versus how much freedom. In many ways, the less
criminal law you have, the more productive your society
can be--I think drug laws have gotten out of control."
Arkin
sees overcriminalization as a negative in every field. "Sometimes, well-meant rules end up being
socially counterproductive," he said. If you violate
any regulation in this country you run a real risk
of being charged with a crime. "Name it, every
alphabet agency in this country is criminalized. I
think that overcriminalization is counterproductive,
economically and socially. I've always argued against
it. While we're racing off to correct corporate governance,
I notice the first reaction was to double sentences
from five to ten years. I have to think that is about
as socially unproductive as I've ever heard. Because
the fact is, five years for any sane human is an extreme
and frightening specter. Moreover, often people are
charged with more than one count, so you send someone
away for 250 years. Whatever President Bush is doing,
or whoever is advising him, that's not a wise thing.
There must be ways of better defining our laws of disclosure
obligations and accounting rules, ways of making chief
executive officers and chief financial officers responsible.
And I do truly believe that we should invest them with
lots of responsibility and not just entitlement."
"Never
has a country been so hegemonic not only militarily,
but politically
and economically at the
same time. Yet, I will say this about American justice:
there's no place in the world, not anywhere, not ever
in the history of mankind, where a better standard
of justice has been generally meted out to its people.
In this country, more than at any time in the history
of man, we generally give people a fair shake."
"Insight, tenacity, experience." These
are the opening words in Arkin Kaplan's brochure.
Add passion
tempered by a rigorous intellect, and you have Stanley
Arkin's sterling qualities. |