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News > Companies
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Ex-Tyco lawyer takes offense
Mark Belnick, once praised by Kozlowski, calls termination unfair, irrational.
June 10, 2002: 6:04 PM EDT

NEW YORK (CNN/Money) - The lawyer terminated by Tyco International lashed out against the conglomerate Monday, saying his ouster is the result of a "legal turf war" that will only inflict more damage on the troubled company.

Separately, Fitch ratings slashed Tyco's debt to "junk" status Monday, making it more expensive for the company to borrow money. Fitch is the third rating agency to cut Tyco's debt within a week.

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Mark A. Belnick, who reported to L. Dennis Kozlowski before the former CEO was indicted for sales tax evasion, called the move to replace him "unfair" and "irrational."

"Tyco is a company in distress and chaos as a consequence of the inappropriate conduct of its former chairman," Belnick said in a news release. The termination "will only further destabilize the company. "

The response came less than three hours after Tyco replaced Belnick, who joined the diversified manufacturer in 1998, with Irving Gutin, who previously served as Tyco general counsel.

Tyco offered no explanation for Belnick's departure, which comes a week after Kozlowski resigned before his indictment on charges of evading more than $1 million in New York state taxes. He pleaded not guilty.

Belnick was due to collect a $10.6 million retention bonus if he stayed with the company for another 16 months.

Tyco (TYC: Research, Estimates) shares, down 82 percent this year, edged higher Monday afternoon.

Announcing Belnick's appointment in 1998, Tyco issued a long news release detailing the new counsel's experience. It included an upbeat quote from Kozlowski.

But Monday's release on his departure was limited to one sentence and contained no reason for the legal switch.

"We are not really saying much about the actual change," said Gary Holmes, a Tyco spokesman, when asked for biographical details on Gutin. "We are not saying anything."

In last week's indictment, Manhattan District Attorney Robert Morgenthau said Kozlowski bought six paintings worth $13.2 million, including valuable pieces by Renoir, Monet and other artists, using funds borrowed from Tyco.

Belnick said he has been assisting Morgenthau's office in the investigation.

Belnick's termination comes after Tyco retained the law firm of David Boies, who has worked for Al Gore and Microsoft, to conduct an internal investigation amid reports Tyco bought homes and artwork for several executives without disclosing it.

Belnick's counsel, Stanley S. Arkin, mentioned Boise, who he accused of making an "opportunistic assault" .... " to strip Mark Belnick of his legal authority within the company and take control of Tyco's ongoing legal business."  Top of page


-- from staff and wire reports






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