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The Rage Offstage at Marvel
Smart Money ^ | 06/30/08 | Bill Alpert

Posted on 07/01/2008 7:16:07 AM PDT by saminfl

THE COMIC BOOK'S SPLASH page would show a close-up of Peter F. Paul brooding about Marvel Entertainment, its creative force Stan Lee and the Clintons. The next panel would reveal the electronic ankle bracelet that's kept Paul under house arrest for three years.

"I was set-up as the fall guy," Paul tells a reporter by phone. "But if the legal process works as it should...I will be vindicated."

Lawsuits against Marvel, Lee and Bill and Hillary are pressing Paul's claims that a dot-com he started with Stan Lee in 1998 was undone by the actions of the former president, short-sellers and Stan Lee himself. In a Manhattan federal district court, some of Paul's associates argue that the bankrupt dot-com, Stan Lee Media, still owns rights to Marvel characters like Spider-Man and The X-Men. On behalf of the former dot-com, they want half the profits that Marvel (MVL: 32.42, +0.28, +0.87%) is piling up, now that it's producing its own films like the smash hit Iron Man and the just-opened The Incredible Hulk.

The Clintons, Marvel and 85-year-old Stan Lee all vehemently reject Paul's claims and duly note his many felony convictions. He's got the electronic bracelet because he's awaiting sentencing for his manipulation of shares of Stan Lee Media. Paul's criminal record opens the door to impeachment of anything he alleges. But that doesn't mean he's wrong about everything. The securities filings for Marvel and Stan Lee Media contain seemingly contradictory assignments by Stan Lee of his rights in the superhero characters he helped create in the 1960s. And Lee's assertions in a 2002 lawsuit against Marvel don't appear to track with what he says now.

So even if the folks pressing Peter Paul's claims aren't likely to win half of Marvel's profits, they've raised factual questions about Marvel's title to its billion-dollar character franchises.

Marvel's profits are worth brawling over. The New York company's stock trades for $33, after its earnings more than doubled last year to $140 million, or $1.70 a share, on revenues of $486 million. Since 2000, 13 PG-13-rated films based on Marvel characters have averaged more than $400 million in sales. This is the first year the company will produce its films, taking all profits, not just license fees.

Marvel's made a huge comeback since its bankruptcy in the late '90s, after years of poor performance under financier Ronald Perelman. In 1998, the new controlling shareholder Isaac Perlmutter used bankruptcy procedures to reject Marvel's $1 million-a-year lifetime-employment contract with Lee. That voided Lee's exclusive assignment to Marvel of his rights in characters like Spider-Man.

IT ALSO FREED HIM TO start a new company with his friend Peter Paul, which they called Stan Lee Media. Paul put in $500,000, while Lee assigned the company all his intellectual property. Calling itself an Internet animation studio, the dot-com rode the bubble market.

Flush with success, Paul underwrote a gala Hollywood fundraiser in August 2000 for Hillary Clinton's U.S. Senate campaign. He had begun negotiating with representatives of Bill Clinton for the departing president to become Stan Lee Media's ambassador of goodwill.

The Bottom Line Marvel shares have been on a tear in recent months, due to excitement about Iron Man. But a bitter legal fight over ownership may dog the shares. Just days later, newspapers reported that Paul had served time on two felony convictions: the first, for taking millions of dollars from the Cuban government for a shipment of coffee he never delivered; the second, for cocaine possession. The Clintons cut themselves off from Paul.

Paul had been manipulating the stock since 1999, and now tried to keep the shares and company afloat — covering payroll with borrowings from his margin account. After the Securities and Exchange Commission began reviewing his stock dealings, Paul fled to Brazil. Arrested there, he had to await extradition in a prison he says was like a dungeon.

So even if the folks pressing Peter Paul's claims aren't likely to win half of Marvel's profits, they've raised factual questions about Marvel's title to its billion-dollar character franchises.

Marvel's profits are worth brawling over. The New York company's stock trades for $33, after its earnings more than doubled last year to $140 million, or $1.70 a share, on revenues of $486 million. Since 2000, 13 PG-13-rated films based on Marvel characters have averaged more than $400 million in sales. This is the first year the company will produce its films, taking all profits, not just license fees.

Marvel's made a huge comeback since its bankruptcy in the late '90s, after years of poor performance under financier Ronald Perelman. In 1998, the new controlling shareholder Isaac Perlmutter used bankruptcy procedures to reject Marvel's $1 million-a-year lifetime-employment contract with Lee. That voided Lee's exclusive assignment to Marvel of his rights in characters like Spider-Man.

IT ALSO FREED HIM TO start a new company with his friend Peter Paul, which they called Stan Lee Media. Paul put in $500,000, while Lee assigned the company all his intellectual property. Calling itself an Internet animation studio, the dot-com rode the bubble market.

Flush with success, Paul underwrote a gala Hollywood fundraiser in August 2000 for Hillary Clinton's U.S. Senate campaign. He had begun negotiating with representatives of Bill Clinton for the departing president to become Stan Lee Media's ambassador of goodwill.

Just days later, newspapers reported that Paul had served time on two felony convictions: the first, for taking millions of dollars from the Cuban government for a shipment of coffee he never delivered; the second, for cocaine possession. The Clintons cut themselves off from Paul.

Paul had been manipulating the stock since 1999, and now tried to keep the shares and company afloat — covering payroll with borrowings from his margin account. After the Securities and Exchange Commission began reviewing his stock dealings, Paul fled to Brazil. Arrested there, he had to await extradition in a prison he says was like a dungeon.

Stan Lee Media sought bankruptcy protection in 2001. In 2002, Stan Lee sued Marvel Entertainment on a previously undisclosed contract. It turned out that in November 1998 — a month after assigning his intellectual property to Stan Lee Media — Lee had gone to Marvel claiming half-ownership of Spider-Man, the X-Men and other characters, since Marvel had cancelled his previous rights assignment in its bankruptcy. Lee got a new contract for up to $1 million in annual salary and 10% of movie and TV profits, assigning Marvel his rights in those characters. So, come 2002, Spider-Man: The Movie had grossed more than $1 billion and Lee invoked that contract and sued. Their 2005 settlement was sealed, but Marvel later reported a $10 million charge for it.

Peter Paul, meanwhile, had been extradited back to the U.S. where he pled guilty in March, 2005 for his Stan Lee Media stock manipulation. Since then he's sued the Clintons in California for scaring off a potential investor in Stan Lee Media. He's also aided the group that's trying to assert Stan Lee Media's claims to Stan Lee's creations. Working with him is investor Jim Nesfield, a one-time Wall Streeter who was the star informant for Eliot Spitzer when the former New York Attorney General sued mutual funds for allowing "late trading" by hedge funds.

Nesfield approached Marvel and was rebuffed when he asserted claims to Stan Lee's creations. He then filed an unusual 13-D with the SEC, detailing what he said were Marvel and Stan Lee's wrongdoings

So Lee himself complained to a Colorado state court judge about what he called a hijacking of Stan Lee Media. Lee wrote other shareholders, saying that Peter Paul was behind Nesfield's group and blaming Paul for the company's earlier bankruptcy. A large block of shares was still held by entities that Paul had admitted using in his 1999-2000 manipulations. But since 2003, Paul says, all that stock belonged to Christopher C. Belland, a Key West, Fla., realtor and tour operator who posted bond for Paul. In May, the Colorado judge ruled that Nesfield's group could run Stan Lee Media.

In a statement to Barron's, Marvel says Nesfield's group will recover nothing. Lee's agreement with Stan Lee Media never mentioned any Marvel characters, Marvel says. What's more, it says, Stan Lee's character creations were "works-for-hire" and have always belonged to Marvel. Lee has made public statements concurring with the "work-for-hire" characterization. But those statements seem at odds with his Marvel contracts and his 2002 lawsuit. Stan Lee didn't respond to inquiries from Barron's (nor did an attorney for the Clintons).

Stan Lee's onetime friend and now nemesis Peter Paul insists that he stands to get nothing from the dispute except vindication. "The reason that these people thought they could get away with this fraud," says Paul, "was that I was detained in Brazil under conditions arranged by Bill Clinton."

Now it's up to the courts to decide who's the superhero, and who is the villain.

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TOPICS: Crime/Corruption
KEYWORDS: billandhillary; marvel; peterpaul; stanlee

1 posted on 07/01/2008 7:16:07 AM PDT by saminfl
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To: doug from upland

I don’t know if you have already seen this.


2 posted on 07/01/2008 7:16:50 AM PDT by saminfl (,/i)
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To: saminfl

I met Stan Lee at Dragon Con about 15 years ago. He was the nicest guy!


3 posted on 07/01/2008 7:20:34 AM PDT by autumnraine
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To: saminfl

BTTT


4 posted on 07/01/2008 7:23:55 AM PDT by Jane Austen (Boycott the Bahamas!)
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To: saminfl; Admin Moderator
Why does the story repeat itself? IT ALSO FREED HIM TO ...

You may ask the Admin Moderator if he/she can edit it for you.

Regards,

TS

5 posted on 07/01/2008 7:25:30 AM PDT by The Shrew (www.ToSetTheRecordStraight.com/www.swiftvets.com/www.wintersoldier.com-The Truth Shall Set YOU Free!)
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To: saminfl
Never, never, never, never go into business with a Clinton.

And never, never, never go into business with anybody willing to go into business with a Clinton.

6 posted on 07/01/2008 7:31:07 AM PDT by Tribune7 (How is inflicting pain and death on an innocent, helpless human being for profit, moral?)
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To: saminfl

I can’t hate Stan Lee for supporting the Clintons. What would one expect an 85-year old Jewish man to do? My father is 83 and he would vote for Golem for President if he ran as a Democrat.


7 posted on 07/01/2008 8:40:56 AM PDT by montag813
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To: saminfl

Peter Paul should make a movie about it.

Who’s going to play Hillary?


8 posted on 07/01/2008 8:50:36 AM PDT by <1/1,000,000th%
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To: The Shrew; Admin Moderator
Admin mod,

Can you do that? It was a two page article and I guess I screwed up in the posting.

9 posted on 07/01/2008 8:55:24 AM PDT by saminfl (,/i)
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