Tag: Bernard Madoff

  • Court-appointed trustee goes after Madoff family’s wealth

    It looks like court-appointed Madoff trustee Irving Picard is going after the whole shebang: Not just Bernard Madoff’s Manhattan penthouse and home in the Hamptons, but also a good chunk of the wealth accumulated by his wife, brother and sons.

    In his latest filing in U.S. Bankruptcy Court in New York, Picard argues that the convicted swindler used his firm, Bernard L. Madoff Investment Securities (BLMIS), “as his personal piggy bank” to support “a lavish lifestyle” for himself and his wife, as well as for his brother and other members of his family.

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    “Madoff used BLMIS to siphon funds which were, in reality, other people’s money, for his personal use and the benefit of his inner circle,” Picard says in the filing submitted Tuesday evening. “Plain and simple, he stole it.”

    Picard, who is charged with returning as much money as possible to burned investors, contends that Madoff used money stolen from investors, for instance, to buy country club memberships for himself, his wife and one of his sons.

    He also loaned $9 million to his brother, the firm’s chief compliance officer, in 2007, from one of the firm’s accounts, according to the papers. Picard said there is no evidence the loan was ever repaid. Peter Madoff’s wife, Marion, was also listed on the firm’s payroll with a salary of $163,500 in 2008, although there is no indication she did any work.

    The firm also gave money to ventures begun by Madoff family members, including $1.7 million to Madoff Energy Holdings LLC, owned by Madoff’s sons Andrew and Mark, and his niece, Shana Madoff, the filing said.

    The firm paid out $4.5 million to support Ruth Madoff’s real-estate-related investments through various entities under the name “Sterling,” with no benefit to Madoff’s firm or his customers, according to the papers.

    Madoff placed his boat captain, his maid and his house-sitter in Florida on the firm’s payroll, and used the firm to provided corporate credit cards to his son’s wife and brother’s wife, even though they didn’t work for him, according to the filing.

    More than $11.5 million was used to buy two yachts for the Madoff family, the filing said. Another $4.4 million appears to have been used by Andrew Madoff last October to purchase an Upper East Side apartment, while $6.5 million was loaned to Mark Madoff and his wife, Stephanie, last spring to purchase property on Nantucket, again with no evidence that any money was repaid.

    Bernard Madoff, 71, was arrested Dec. 11 and pleaded guilty March 12 to running a $65-billion Ponzi scheme in which early investors were paid with the money of new clients. He is in jail, awaiting sentencing, and faces as much as 150 years in prison for various counts of securities fraud and other crimes.

    Picard made the allegations in connection with his attempt to consolidate the bankruptcy proceedings of Madoff’s companies with those filed against Madoff by a group of investors.

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    • Judge rejects hardship plea from ex-Detroit mayor

      May 8, 2009 at 6:36pm

      Convicted felon and former Detroit mayor Kwame M. Kilpatrick today lost a hardship bid to reduce $6,000 in monthly restitution payments to the city for his crimes.

    • J. Ezra Merkin sued for civil fraud in Madoff probe

      J. Ezra Merkin, who steered more than $2 billion of investors’ money into Bernard Madoff Investment Securities – including millions from prominent institutions like Yeshiva University and New York University – was sued Monday for civil fraud.

      In a 54-page complaint, New York Attorney General Andrew Cuomo charged the financier, philanthropist and former GMAC chairman with fraudulent concealment and misrepresentation, saying that Merkin steered money to Madoff without his clients’ knowledge or permission.

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      The complaint charges that Merkin was not the “investing guru” he claimed to be, but instead a “master marketer,” pocketing hundreds of millions in fees from his investors and failing to disclose his own conflicts of interest. The complaint said he earned an estimated $470 million in fees from his clients for essentially diverting all their funds to Madoff.

      “Merkin profited enormously from Madoff’s scheme, reaping huge commissions while investors lost all their money,” Cuomo said.

      Merkin began the Ascot fund in 1992 exclusively as “feeder” fund for Madoff, according to the complaint. Ascot grew to hold $1.7 billion from 300 investors by the end of December, 2008 – earning Merkin about $25.5 million a year in fees, the complaint said.

      Over 10 percent of the funds came from non-profits, including New York Law School, Bard College, and charitable trusts set up by Holocaust survivor Elie Wiesel and New York Daily News owner Mort Zuckerman. Several of those investors have separately brought suit against Merkin.

      Cuomo alleges that in conversations with investors, and in his quarterly reports, Merkin concealed the role Madoff played. In one presentation to a nonprofit investor, for instance, Merkin said that only 15 percent of Ascot was invested with Madoff, the complaint said. In reality, the entire fund was invested with thim.

      “Merkin duped individual investors, non-profits, and charities into believing he was responsibly managing their investments, when in actuality he was dumping them into history’s largest Ponzi scheme.” Cuomo said.

      Merkin sat on several prominent boards, including those of Carnegie Hall, the UJA-Federation, Yeshiva University and the Fifth Avenue Synagogue. Besides being a chairman of GMAC, the auto lender, he was a director of Cerberus, the private equity company.

      The complaint contends that Merkin was aware of red-flags related to Madoff going back at least a decade, but persisted in investing with him nonetheless.

      In the early 1990s, Victor Teicher, a money manager who had worked for Merkin, told him not to invest with Madoff because his steady returns were impossible, according to the complaint.

      Merkin also allegedly knew of the tiny suburban New York accounting firm, Friehling & Horowitz, with one active accountant, that Madoff used – a red flag to many investors.

      In his files, Merkin kept two 2001 news articles questioning Madoff’s returns – one published in Barron’s and one by a hedge fund newsletter called MARHedge, according to the complaint.

      Merkin’s lawyer, Andrew Levander, released a prepared statement late yesterday, saying he was disappointed that Cuomo had filed what he called a “hasty and ill-conceived civil lawsuit, against which we intend to defend vigorously.”

      Cuomo’s complaint is the second to charge a so-called Madoff feeder fund with fraud. Massachusetts regulators last week charged Fairfield Greenwich Group.

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      • Murtha seeks earmarks for PMA clients; Visclosky steers clear

        April 8, 2009 at 1:41pm

        Consider it a tale of two congressmen in the crosshairs.

      • Is the noose tightening around Peter Madoff?

        Peter B. Madoff, the younger brother and business partner of convicted felon Bernard Madoff, is under increasing scrutiny from investigators, as well as victims of the $65 billion investor fraud.

        The latest indication of the younger Madoff’s possible exposure comes from the report of one investor, who said that he withdrew a small sum entrusted to Bernard Madoff in July 1985, and received a $10,000 check drawn on the older Madoff’s bank account – but signed by Peter Madoff.

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        The investor provided a copy of the check to the New York Times, but asked not to be identified to guard his family’s privacy. The investor said that others in his family had also received checks with Peter Madoff’s signature in the mid-1980s, although later checks were signed only by Bernard Madoff.

        The timing could prove crucial. In his guilty plea, Bernard Madoff stated that he had begun the fraud in the early 1990s “to the best of my recollection.” Authorities, however, date the scheme to the early 1980s, although they have not publicly revealed any evidence.

        John R. Wing, a lawyer for Peter Madoff, 63, has said his client, who was the firm’s senior managing partner and chief compliance officer, had no knowledge of the fraud and has not been charged with any wrongdoing.

        But yesterday, a New York State Supreme Court Justice Stephen A. Bucaria, sitting in Nassau County, imposed a temporary asset freeze on Peter Madoff’s accounts at the request of a law student from Dix Hills, NY. The law student, Andrew Ross Samuels, had been the beneficiary of a college trust fund, which was entirely lost to Madoff’s Ponzi scheme.

        The freeze prohibits Peter Madoff from moving money from any bank, brokerage firm or other financial institution or from selling or borrowing against his physical assets. It also requires him to disclose the location of any assets he has “secreted” so far, and directs any financial institution to take “reasonable precautions” to ensure that he complies with the order.

        Steven R. Schlesinger, a lawyer for Samuels, said that his client was the beneficiary of a $478,000 fund set up in 1997 by Samuel’s grandfather, Martin J. Joel Jr. and Peter Madoff as the trustees.

        When Joel died in 2003, Peter Madoff became the sole trustee, and the entire fund was invested with Bernard L. Madoff Investment Securities, according to Schlesinger.

        Besides investing the trust fund in what turned out to be a Ponzi scheme, Peter Madoff also did not notify Samuels that he could have terminated the trust in 2007, when he turned 21, the complaint says.

        The lawsuit is at least the second brought against Peter Madoff since his brother’s arrest.

        Last month, two children of N.J. Senator Frank Lautenberg filed an action against the younger Madoff, saying that as the firm’s senior managing partner and chief compliance officer, he either failed to spot “obvious, material red flags” of fraud, or covered them up.

        The Lautenbergs, who had invested a family philanthropy as well as individual savings with Madoff’s firm, say they lost $7 million as a result of the scheme.

        Peter Madoff joined his brother’s firm in 1970 after completing law school, and together they helped pioneer the computer-driven trading methods that culminated in the development of the electronic trading network known as the Nasdaq market.

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        • #1.   Silk32 03.26.2009

          The common thread amongst Madoff, Standford and Charles Ponzi is (i) they all offered returns to investors that was higher than the competition’s and was seemingly too good to be true, (ii) they had outsized reputations for business acument and (iii) they “looked the part”. Corporate swindlers succeed within Corporate America because they have what is known as “executive presence” and they prey on corporations’ penchant for looking only at the surface of things. If a group of innercity kids can figure this out then I know adults can. To learn more go to http://www.newyorkshockexchange.com/content/view/85/37/

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        • Ruth Madoff got $2M from husband’s UK office

          March 27, 2009 at 2:05pm

          British investigators said Friday that Ruth Madoff got a $2 million payment from the London division of her husband’s securities firm just weeks before he was arrested for securities fraud.

        • Stanford’s ties to Madoff helped sink him

          Consider it a joke from the universe: It was Bernard Madoff’s financial meltdown that helped implicate R. Allen Stanford, the flamboyant Texas billionaire accused of defrauding investors of $8 billion.

          Of course, the men share certain similarities one might expect from shrewd con men: Both cultivated wealthy investors. And both claimed “premium” returns that regulators say never existed.

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          But here the plot thickens: Employees of the U.S. Securities and Exchange Commission told the Associated Press that after the embarrassing revelations about how they had let Madoff through their sights despite multiple tips, they feared getting another black eye with Stanford.

          And so the pace of their investigation into Stanford’s finances dramatically quickened.

          Investigators felt they had the goods on him shortly after Madoff’s arrest, when Stanford put out a memo to investors that a team of 20-plus financial analysts for Stanford Financial Group had vetted all potential investments and that his bank had no “direct or indirect” exposure to Madoff’s scheme.

          Those reassurances were false on both counts, the SEC noted.

          “Contrary to this statement, at least $400,000 … was invested in Meridian, a New York-based hedge fund that used Tremont Partners as its asset manager. Tremont invested approximately 6-8% of the SIB assets they indirectly managed with Madoffs investment firm,” according to the complaint.

          Moreover, the complaint says, the so-called “vetting team” was, in fact, just three people – Stanford, his former college roommate-turned-chief financial officer James M. Davis and his chief investment officer, Laura Pendergest-Holt – all of whom are charged civilly by the SEC.

          But that’s just the beginning of the odd coincidences surrounding Stanford’s business dealings.

          In a post this week, TPMMuckraker called the Stanford saga “a kind of harmonic convergence of recent high-profile muck,” and we have to agree.

          Besides the connection to Madoff, Stanford has a series of ties, most of them indirect, to former Illinois Gov. Rod R. Blagojevich and even to associates of jailed Washington lobbyist Jack Abramoff.

          For starters, John R. Wyma was a paid lobbyist for Stanford in 2002, helping him oppose proposed regulation of financial services companies.

          Wyma, an influential lobbyist and fund-raiser, was once a confidante and close friend to Blagojevich – that is, before last October, when he agreed to cooperate with U.S. Attorney Patrick Fitzgerald’s investigation of the former governor in hopes of gaining immunity from prosecution himself.

          At the time of Blagojevich’s arrest, The Chicago Tribune reported that Wyma had been one of Blagojevich’s most trusted allies: “The governor routinely reported exchanging personal gifts and often appeared at Wyma-sponsored fundraisers where Wyma’s clients hobnobbed with the governor before turning over checks for his campaign fund.”

          The link to Abramoff is more circuitous: Some of the congressmen who were close to Abramoff appear on the list of those who took trips to Antigua and Barbuda funded in part by Stanford through the Inter-American Economic Council, a business-funded group with the aim of promoting “dialogue about current and future economic strategies in the Hemisphere.”

          Stanford was described in several media reports as a principal backer of the Washington-based group, who used the trips as opportunities to personally talk to lawmakers about “the need to streamline regulatory regimes that make it difficult for investors to take advantage of all of the opportunities that exist in the region.”

          Among the lawmakers who took those junkets were Bob Ney, the former Ohio Republican who went to jail after admitting trading favors for gifts from Abramoff and Rep. Pete Sessions (R-TX), who received generous contributions from several Indian tribes represented by Abramoff.

          In 2006, Stanford received the organization’s “Excellence in Leadership” Award, according to TPMMuckraker. A press release put out by the group declared that Stanford “has strongly supported the work that the IAEC is doing in Latin America and the Caribbean.”

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          • Biden’s son, brother had business ties to Stanford empire

            February 25, 2009 at 8:55am

            Just when you thought R. Hunter Biden’s retirement as a lobbyist had removed the possibility that his business dealings might embarrass his father, Vice President Joseph Biden, comes a report that he and his uncle had business ties with Texas financier R. Allen Stanford.

          • Stanford accused in a scam ‘of shocking magnitude’

            Anyone suffering from Madoff fatigue may have a new money manager to deplore.

            The Securities and Exchange Commission yesterday accused R. Allen Stanford and three of his companies with “orchestrating a fraudulent, multi-billion dollar investment scheme.”

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            The scheme was connected to an $8 billion program in certificates of deposit, the complaint alleged.

            A Texas judge has frozen Stanford’s assets to protect investors, according to an SEC statement.

            “We are alleging a fraud of shocking magnitude that has spread its tentacles throughout the world,” said Rose Romero of the SEC’s Fort Worth office in the statement.

            The New York Times reported on its website that police officers entered the Stanford Group’s offices in Houston yesterday.

            Stanford, a dual citizen of the U.S. and Antigua and Barbuda and the billionaire chairman of Stanford Financial Group, allegedly used false data to lure investors.

            The three Stanford Financial Group companies named in the complaint are: Stanford International Bank in St. John’s, Antigua, West Indies, Stanford Capital Management and Stanford Group Company of Houston.

            According to the SEC, Stanford International Bank sold $8 billion in certificates of deposit by “promising improbable and unsubstantiated high interest rates.”

            The commission’s complaint alleges that bank falsely claimed its investments lost only 1.3 percent in 2008 at a time when the S&P 500 lost 39 percent.

            The complaint also points up the improbable coincidence that the bank reported identical earnings of 15.71 percent in 1995 and 1996.

            And it alleges that only two people, Allen Stanford and James M. Davis, a director and CFO of Stanford Financial Group, are aware of the details of the bank’s investment portfolio.

            Davis, Stanford’s roommate when they attended Baylor University, is also named in the complaint, as is Laura Pendergest-Holt, the chief investment officer of the bank and of Stanford Financial Group.

            The complaint states that Stanford and Davis refused to testify in the investigation. Pendergest-Holt did testify.

            According to The Wall Street Journal, word of investigations into Stanford International Bank had already sent investors rushing to Antigua to withdraw their money.

            Allen Stanford had earlier told company employees that there would be a “temporary moratorium on early redemptions of CDs,” the paper reported.

            A native of Texas, Stanford is the chairman and sole shareholder of the Stanford Investment Bank in Antigua.

            According to the SEC, the bank claimed 50,000 clients in 2007. It does not loan money. Rather, it sells CDs through the Stanford Group Company.

            Stanford became a citizen of Antigua and Barbuda 10 years ago. He was knighted there and is referred to as Sir Allen Stanford on his company’s website.

            Stanford Financial Group sponsors a variety of sporting events, most recently a cricket tournament in Antigua with $20 million in prizes, reportedly the most lucrative in the history of the sport.

            The Stanford International Bank had told investors in an earlier report that it had no exposure to funds controlled by Bernard L. Madoff, the investment manager who may have run a $50 million Ponzi scheme.

            The Times reported, however, that the Stanford bank did lose $400,000 in an investment in a Madoff feeder fund.

            According to federal records, Stanford has made extensive campaign contributions over the years.

            Recipients of donations from Stanford, his companies or his employees include Democratic Senators Christopher J. Dodd of Connecticut and Charles Schumer of New York and Republican Senators John McCain of Arizona and John Cornyn of Texas.

            Contributions have also gone to several members of the House of Representatives, including Charles Rangel of New York, a Democrat, and Republican Rep. John Boehner of Ohio.

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            3 Comments

            • #1.   Pellucid 02.18.2009

              Your headline said he as arrested.

              WHERE, HOW ???

            • #2.   Zyskandar A. Jaimot 02.18.2009

              The ‘SCAMSTER’ STANFORD’s friends in the US CONGRESS…
              The latest ‘SCAMSTER’ on the WORLD FINANCIAL SCENE is
              ALLEN STANFORD bilking people out of $8BILLIONS+[now of parts unknown cuz he has fled the US or made himself unavailable to authorities!] His ‘friends’ included among the top recipients and favorites getting the ‘SCAMSTERS’ illicit monies/favors: Senaturd Bill Nelson (D-Fla.), REPREHENSIBLE Congressman Pete Sessions (R-Texas), Senaturd John McCain (R-Ariz.), Senaturd Chris Dodd (D-Conn.) and Senaturd John Cornyn (R-Texas), one of the members who took a trip to Antigua where he was entertained by Stanford. GREAT ROSTER OF SCUMMY SYCOPHANTS EH THESE US SENATURDS???

            • #3.   John Lloyd Scharf 02.18.2009

              National Ponzi Scheme – Recovery.Gov – ARRA – Stimulus Plan

              The $787 billion American Recovery and Reinvestment Act (ARRA) is an extention of the National Debt by $2580 for every man, woman, and child.

              Of that, President Obama claims $288 billion is “Tax Relief,” or $944 per person. Then, he claims the “Tax Relief” includes $15 billion for infrastructure and science, $61 billion for “protecting the vulnerable,” $25 billion for education and training, and $22 billion for “Energy.”

              So, after all those special tax cut programs are removed, that leaves $165 billion of more general “Tax Relief,” for all of us not in those categories, or $540 per person. So, you are going into debt for investing $2580 for $540 in tax relief.

              A Ponzi scheme is a fraudulent investment operation that pays returns to investors from their own money or money paid by subsequent investors rather than from profit. Is the ARRA any less of a Ponzi Scheme when the Federal Government does this than when Charles Ponzi or Bernard Madoff does this? Does it matter whether Nicolas Cosmo, Allen Stanford, or Barack Obama does this?

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            • Antitrust nominee Christine Varney described Google as a monopolist

              February 20, 2009 at 10:24am

              New legal challenges for search giant Google Inc. may be looming – and from chief executive Eric Schmidt’s new BFF Barack Obama, of all people.

            • ‘Bag Lady’ Penney spins Madoff losses into gold

              The Bag Lady may get to keep her expensive jewelry and her West Palm Beach cottage after all.

              Alexandra Penney, the former editor-in-chief of Self magazine who has written about her travails as a rich-girl victim of Bernard Madoff’s in a blog called The Bag Lady Papers may have found a path out of penury.

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              Penny will receive “a nice sum of money” from Hyperion Books to write about her experience being swindled of her life savings by Madoff.

              While her first-hand account of her financial devastation on Tina Brown’s Daily Beast website (”yesterday, I took my first subway ride in 30 years” ) exasperated some readers, it struck a chord with editors at Hyperion who apparently share some of her fears (”How am I going to iron those shirts [without Yolanda the maid] so I can still feel like a poor civilized person?”).

              Hyperion Publisher Ellen Archer acknowledges that Penney’s blog resonated deeply with her.

              “There are a lot of us, even those of us with paychecks, who are worried that we can end up on the streets,” Archer said. “Even those of us who haven’t invested with Bernie Madoff have taken a lot of financial hits and watching her navigate these difficult waters provides a lot of people with reassurance.”

              To be fair to Penney, she does not pull any punches. She writes of growing up privileged – her mother was Greek royalty, her father was a Harvard lawyer – in “a WASPy Connecticut suburb.” But after leaving her husband, she says she made her own way, primarily by writing bestsellers such as How to Make Love to a Man.

              Despite that success, she was haunted by the fear she would end up a bag lady on the streets – and after confiding that to a friend, got turned onto Madoff as a sort of financial insurance policy. Until the devastasting news of Madoff’s arrest on Dec. 11, that had seemed to be working for her. She was living as an artist with her own New York studio, doing the work she loved and, yes, diniing at the Four Seasons whenever she felt like it.

              Now, thanks to her old network in publishing – and her resolve to go back to writing for a living – she may get to keep Yolanda the maid to iron all those shirts.

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              • #1.   belles 02.12.2009

                There is a proverb in Japan that states “Nanakorobi Yaoki”.
                Nana = Seven
                Korubi = Fall Down
                Ya = Eight
                Oki = Stand Up
                The proverb translates to, “Seven times down, eight times up”. It derives its origins from okiagari dolls, paper-mache toys than when knocked down, always return to an upright position. The dolls have no arms or legs and are also known as Daruma dolls.
                Daruma (also known as Bodhidharma) was the first patriarch of Zen. He traveled from India to China in the sixth century. Legend has it that he sat in a cave meditating for nine years without moving, in order to obtain enlightenment. In the process, his legs withered to nothing and his hands shriveled away from lack of use. But he remained steadfast and seemed to get healthier with the passing years. Folklore suggests he finally died after vitally living eight hundred thirteen years.
                The armless, legless Daruma dolls are weighted so they always pop up after being pushed down. They represent the resiliency and perseverance of Daruma. They stand for success after misfortune. Daruma dolls inspire you to rise no matter how many times you stumble or fall down. “Nana” in Japanese has a double meaning. It means “seven” but is also used to denote “many”.
                So, “Nanakorobi Yaoki”, or “Seven times down, eight times up”, is a call to never give up. It is a celebration of your spirit, determination, and ability to not only land on your feet, but to also evolve, enjoy, and thrive.

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