-Caveat Lector-

<http://www.nytimes.com/2001/02/20/politics/20PINK.html>

February 20, 2001

Financier's Partner Remained Loyal Lieutenant Throughout


By ALISON LEIGH COWAN


As lawyers and lobbyists for the fugitive financier Marc Rich
hurried to orchestrate a pardon in the waning months of the
Clinton administration, much attention was paid to getting the
application just right.

One detail that received special attention was whether the pardon
application being prepared for the president should list two
names, Mr. Rich and his longtime partner, Pincus Green, or just
one, Marc Rich.

Mr. Rich, who was born in Belgium, and Mr. Green, who was born in
Brooklyn, met when they worked at Philipp Brothers, a commodities
firm that was ultimately bought by Salomon Brothers, itself now
part of Citigroup. They quit Philipp in 1974, contending that the
company deprived them of a seven-figure bonus, and they started
Marc Rich & Company. They fled the country in 1983 just ahead of
a long list of federal charges, renouncing their citizenship and
setting up shop in Switzerland.

But private correspondence released as part of a recent
Congressional hearing on the pardons shows that Mr. Rich's
lawyers and advisers, many of whom also officially represented
Mr. Green, debated whether they could afford to include him in
their quest for a pardon. Even Mr. Rich implied that it might
bolster his own chances to remove Mr. Green from the petition.

In an e-mail message on Nov. 27, Mr. Rich told his closest
advisers it was his inclination to submit the application
"principally in my name," and expressed his hope that the
addition of Mr. Green "will not detract significantly from the
main objective," presumably his own pardon.

Stephen Gillers, a professor of legal ethics at New York
University School of Law, said that lawyers who represent two
clients in a matter whose interests begin to diverge, "can't
favor one over the other" without the "informed and unforced
consent" of the client being let loose.

But the correspondence also seems to show that Mr. Green did
agree to stand aside.

Another e-mail message , dated Dec. 27, reveals growing worries
among Mr. Rich's advisers about including Mr. Green in the
application, until Mr. Green, to the end Mr. Rich's loyal
lieutenant, gave them an out. The e-mail message was written by
Avner Azulay, the man who runs the Rich Foundation in Israel. He
used initials for Pincus Green and Marc Rich; he used "potus" as
shorthand for "president of the United States."

"PG proposes that the option of dropping him from the petition be
made available to potus if that can facilitate his decision on
MR," the e- mail said. "This would qualify his decision as an
individual humanitarian act rather than the solution to the legal
case."

That sense of loyalty does not surprise Rabbi Ronald Greenwald of
Monsey, N.Y., a friend of Mr. Green's since high school who has
visited Marc Rich & Company's offices in Zug, Switzerland.
Despite the company's name, Rabbi Greenwald said, "they were
partners, nobody was over the other one." He added that Mr.
Green, known as Pinky, "was an anonymous guy; he didn't need his
name on the door."

The two men apparently had broken socially; Mr. Green was said to
be unhappy with Mr. Rich because of his messy divorce with Denise
Rich. But as business partners, they remained a team.

In Switzerland, unfettered by restrictions governing Americans
doing business abroad, they have since made a billion-dollar
fortune trading all manner of commodities in the farthest reaches
of the world. And as long as law enforcement officials in the
United States refused to promise they could stay out of jail, the
two fugitives refused to return for trial, convinced, they said,
that they were victims of overzealous prosecution.

Mr. Green did not respond to an interview request left with
lawyers.

The pardon application included letters of support, and Mr.
Green's portion of it included testimonials from friends,
relatives and the beneficiaries of his philanthropy. The petition
noted that Mr. Rich had given away $100 million in the last 20
years, and Mr. Green, $120 million, often anonymously, including
$3 million to build the Gvul Yaabetz synagogue in Flatbush,
Brooklyn.

At the Congressional hearing on Feb. 8, one prosecutor who
brought the original case against Mr. Rich and Mr. Green
mentioned their philanthropic spirit. Not that it "wipes out
their guilt," said Martin J. Auerbach, who was the assistant
United States attorney for the Southern District of New York from
1983 to 1987, but nonetheless, "we were aware that particularly
Mr. Green was an extremely charitable person. His religious
beliefs preclude him from making money from sundown on Friday to
sundown on Saturday. And so he chose to have his profits go into
a charitable trust for that period."

A letter from Mr. Green's son Robert, of London, said, "His sense
of loyalty to others goes beyond the call of duty."

In the end, the petition for both men went forward because it had
already been delivered to the White House, and both men landed
presidential pardons as one of Mr. Clinton's last acts in office.

Even with the ensuing uproar, Mr. Green's name is rarely
mentioned.

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                     *Michael Spitzer*  <[EMAIL PROTECTED]>
                      ~~~~~~~~~~~~~~~
  The Best Way To Destroy Enemies Is To Change Them To Friends
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