Former NYSE Chief May Seek More Money, Attorney Says
By Ben White
Washington Post Staff Writer
Friday, February 27, 2004
NEW YORK, Feb. 26 -- Former New York Stock Exchange chairman Dick Grasso is refusing to return any of the $139.5 million paid to him last year by the exchange and may seek over $50 million more that he believes he is owed, according to Grasso's attorney.
In a sharply worded letter sent on Thursday to NYSE interim chairman John S. Reed, Grasso's attorney, Brendan V. Sullivan Jr., argued that the former head of the exchange did nothing wrong in accepting the $139.5 million payment, which mainly covered Grasso's eight years as chairman. "Mr. Grasso has no intention of returning any portion of his compensation to the Exchange," Sullivan wrote. "If the Exchange believes it has a valid claim, it should file it, rather than conducting a campaign through the press and intermediaries in an attempt to pressure Mr. Grasso."
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Legal experts and regulatory sources have said that Spitzer may be in the strongest position to make a case that the payment to Grasso violated laws governing New York not-for-profit groups such as the exchange. New York not-for-profits are required to reinvest profits and not distribute them to employees. Spitzer could argue that Grasso's payments were a distribution of profits.
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In the letter, Sullivan also threatens to countersue the exchange "for the more than $50 million that it still owes" Grasso. This apparently referred to a $48 million payment owed to Grasso under his contract that he declined to take last year. Grasso may also be due several more million dollars under his contract if he argues that he was fired by the exchange and did not resign. Sullivan also appeared to threaten another lawsuit if Reed and Thain continue to make negative public comments about Grasso. "The Exchange signed a contract that prohibits the public disparagement of Mr. Grasso. We suggest that it is time for you and Mr. Thain to read the contract, as we intend to hold you to it."
http://www.washingtonpost.com/ac2/wp-dyn/A10599-2004Feb26