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ILAN REICH WROTE
A FOOTNOTE TO history as one of the first confederates of the
notorious Dennis Levine to be implicated in the 1980s insider
trading scandals. Formerly a lawyer at Wachtell, Lipton, Rosen &
Katz, Reich served a year in prison in 1987 for his part in the
securities case.
Quietly rebuilding his name ever since, he
resurfaced again in 1998 at Inamed Corp., a Santa Barbara,
Calif. maker of saline breast implants. Eventually rising to the
post of co-chief executive officer, he helped lead Inamed out of
a morass of crippling tort litigation, fend off a hostile
investor and stop the red ink. Shares of the $189 million (1999
sales) company have soared to $33.56 from $3 when Reich joined.
But not everyone agrees that Reich is a
changed man. Among his critics are Gabe Kaplan, the
frizzy-haired cornball comedian from the 1970s sitcom Welcome
Back, Kotter, and Jon Peters, the onetime co-head of Sony
Pictures.
The two are among
a group of investors in something called Medical Device Alliance
(MDA), another company started by Donald McGhan, the founder of
Inamed. McGhan, a serial entrepreneur who has started--and
bungled--several medical-device companies, was running both
Inamed and MDA at the same time in 1997 when he funneled $8.4
million of investors' money out of MDA to prop up the
floundering Inamed.
Today MDA is in
receivership and investors are suing Inamed, McGhan, Wedbush
Morgan Securities and others to salvage their investment. Reich,
though not named as a defendant, is accused of helping McGhan
cover up the loans from MDA to Inamed. Then, when it was time to
repay MDA, Reich paid off McGhan with 860,000 restricted shares
of Inamed, shares that the MDA investors say belong to them.
"Our money was
supposed to develop this miracle product. Now we find out it was
being used to pull McGhan and Reich's breast implant investment
out of trouble," fumes Kaplan, displaying little of the sense of
humor he had as straight man to John Travolta and the Sweathogs.
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Adds Robert DiMinico, the investment manager
who put Kaplan and others into MDA: "McGhan used the money for
his own gain and Reich's deal is the proof of it." DiMinico in
turn blames former partner Joseph Salvani, a curious stock
promoter with a colorful past (FORBES, May 4, 1998), for
suckering him into this and other deals that are the subject of
yet more litigation.
Fingers are pointing all around. Reich, whom
McGhan helped recruit to the company from a New York law firm,
now accuses McGhan of misrepresenting where the loans were
coming from. In yet another lawsuit, Inamed accuses McGhan of
spending $6.4 million when he was running Inamed to lease
corporate jets from a firm owned by a prior chief executive.
McGhan, in turn, accuses Reich of
threatening him with federal investigations and shareholder
lawsuits if he didn't agree to Reich's deal to take the Inamed
shares in lieu of cash.
Reich denies that he helped McGhan cover
anything up, and that if anybody is at fault, it's McGhan. But
as far as Inamed's former auditors at what used to be called
Coopers & Lybrand were concerned, Inamed's accepting the MDA
money in the first place was an "illegal act" that violated the
terms under which MDA's shareholders invested. Even after
resigning in March 1998, the accountants refused to sign off on
Inamed's 10-K until the matter was resolved.
McGhan was booted out of MDA last year, but
Kaplan and his fellow investors will have a hard time retrieving
their money. The Inamed shares MDA recovered from McGhan in
payback for the money he moved to Inamed are worthless so long
as Reich refuses to lift transfer restrictions on them. And he
won't do that until MDA releases Inamed from liability in the
suit against McGhan et al.
"It's a baseless lawsuit," huffs Reich. "If
they want to fight it, that's fine."
Kaplan is unamused. "After three years of
Reich and McGhan, the only medical device I want to deal with is
my toothbrush."
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