Posts tagged “lawsuits”

Madoff Victim’s Lawsuit Against Ex-Wife Reinstated

January 7th, 2011

To say there has been a lot of litigation surrounding the Bernard Madoff Ponzi scheme would be laughably mild. Today, there’s a little bit more, with one of the more interesting lawsuits having been reinstated.

Lawyer Steven Simkin and his wife, Laura Blank, divorced in 2006 after more than 30 years of marriage. She got the Manhattan apartment and $6.6 million—and waived alimony payments. He got the house in Scarsdale, N.Y. —and the couple’s account with Bernard L. Madoff Investment Securities.

At the time of their divorce agreement, that account was valued at $5.4 million. But, as became clear little more than two years later, it was worth nothing at all.

But a state appellate court proved a good deal more sympathetic, reinstating the lawsuit, allowing Simkin to plead “unjust enrichment” based on his theory of the “mutual mistake” the former couple made in placing any value on the Madoff investment, listed in 2006 as their biggest asset.

Simkin “never had an account” because “on Madoff’s own admission, there were no accounts within which trades were made,” a divided court ruled.

But two of the five judges dissented, calling the majority opinion “truly ‘divorced’ from reality” and noting that their divorce agreement “does not mention the Madoff account.” Simkin redeemed part of his Madoff investment to pay off his wife and continued to invest with Madoff after the divorce.

Blank’s lawyer has vowed to appeal the “completely erroneous” decision.

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Distressed Debt Hedge Funds Distressed by Madoff Trustee

December 15th, 2010

Irving Picard, the court-appointed trustee overseeing the clawback of Madoff Ponzi money, has recently been filing lawsuits like a man possessed. Hedge funds specializing in distressed debt have taken notice, reluctantly. Putting discretion ahead of valor, many of these funds are now offering cash to settle outstanding claims made by Madoff’s victims.

“Virtually every sophisticated distressed investor is looking at the Madoff situation,” Thomas T. Janover, a lawyer at Kramer Levin Naftalis & Frankel, told the New York Times. Janover has represented clients who are considering buying claims.

Interest in the Madoff claims has been piqued in recent days by the spate of lawsuits filed by the Madoff trustee, Irving Picard. Some of the targets of the hundreds of lawsuits he’s filed are well-heeled banks—like JPMorgan Chase and UBS.

One nameless Madoff investor showed the newspaper letters he’d received from six companies offering from 20 to 34.5 cents for every dollar in claims. The letters came from firms including the Greenwich, Conn.-based hedge fund Contrarian Capital Management; Austin, Tex.-based Fulcrum Credit Partners; and Rutherford, N.J.-based Hain Capital Group.

Fortress Investment Group, Perry Capital, Silver Point Capital, the Baupost Group and Farallon Capital Management are among the hedge funds the paper says are “actively exploring the market.”

Picard has recovered $2 billion to date, and approved claims worth $5.9 billion. He’s filed over $50 billion in so-called clawback lawsuits.

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The Wrong Madoff Died

December 13th, 2010

Mark Madoff, right, with parents

Mark Madoff’s suicide is blamed on “unrelenting pressure from false accusations and innuendo.” It is a shame that eldest son of the jailed multibillion-dollar fraudster, Bernard Madoff, decided to take his own life at the weekend. It should have been his father.

Madoff, 46, was found hanged in the living room of his New York flat as his two-year-old son slept in a nearby room. He had apparently succumbed to the pressures of being unemployable, socially ostracized and subject to a legal battering that included a lawsuit filed last week naming his young children in an attempt to recover funds lost to his father’s $50 billion Ponzi scheme.

“This is a terrible and unnecessary tragedy,” said Madoff’s lawyer, Martin Flumenbaum. “Mark was an innocent victim of his father’s monstrous crime who succumbed to two years of unrelenting pressure from false accusations and innuendo.”

Madoff, who worked on the trading desk of his father’s firm, and his brother Andrew have been accused in lawsuits of benefiting from the theft of billions of dollars. Irving Picard, the trustee for those who lost money in the Ponzi scheme, has described Bernard Madoff’s sons as treating the fraudulent fund as a “family piggy bank”.

In court papers, Picard said Mark received “astronomical compensation” for his work; it totaled $67 million and allowed him to maintain luxury homes in Manhattan and Connecticut.

“Investment firm funds paid for all aspects of his lavish lifestyle from the purchases of his high-end homes to the mattress and box spring he slept on, the television he watched in his home gym and the outdoor shower in his home,” the lawsuit said.

Picard said that Madoff must have been aware that his father was running a fraudulent enterprise because the returns on investments were not realistic.

“It was – or at the very least, should have been – obvious to Mark that the massive gains reflected in his customer account statements did not reflect actual securities transactions or market conditions,” the lawsuit said. Picard has leveled similar accusations against Andrew Madoff.

Madoff’s sons denied any knowledge of their father’s crimes and they have not been charged with any offences. Mark Madoff took his own life on the second anniversary of his father’s arrest.

The New York Times reported that a person who spoke frequently with Madoff recently said he was in “an increasingly fragile state of mind” as the anniversary approached. The paper said that he had expressed bitterness toward his father and anxiety about the lawsuits against his family.

Days before Madoff took his own life, Picard also filed a lawsuit against his children and those of his brother as part of action against the directors of a Madoff affiliate in London.

The New York Times said that Mark Madoff was particularly upset at the naming of his children as Picard seeks to recover monies that Bernard Madoff gave to his extended family over many years.

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Madoff Trustee Picard Seeking to Claw Back $6.4B from JPMorgan

December 6th, 2010

Distant relative of trustee Irving Picard

Irving Picard is one busy court-appointed trustee. He has already filed more than 100 lawsuits against investors in Bernard Madoff Ponzi scheme. These investors, including two banks, allegedly received more money than they invested.

But that was all warm-up for Mr. Picard. Last week, he swung for the fences with a $6.4 billion clawback suit against JPMorgan Chase. Picard accused the megabank of “willfully blind to the” $65 billion fraud.

Details of the lawsuit are unclear—it was filed under seal after JPMorgan “designated virtually all of their information confidential,” Picard said. JPMorgan called the lawsuit “irresponsible and over-reaching,” and said it “did not know about or in any way assist in the fraud orchestrated by Bernard Madoff.

JPMorgan “was at the very center of that fraud, and thoroughly complicit in it,” David Sheehan, a lawyer for Picard, said. Picard is seeking $1 billion in fees and $5.4 billion in damages from the bank, which he called Madoff’s “primary banker.”

Picard filed a second lawsuit, also under seal, against an unidentified company, seeking $3.14 billion.

The two lawsuits follow one filed last week by Picard against UBS, which the trustee said pulled nearly $800 million from Madoff’s funds in the three months before it collapsed and $1.1 billion more in the prior six years. Picard, who is seeking $2 billion, alleges that UBS “lent an aura of legitimacy” to Madoff.

Earlier this week, Picard filed 123 clawback lawsuits. Among the targets was Blue Star Investors, a fund of hedge funds managed by private equity legend Thomas Lee. Picard is seeking nearly $19.7 million in “other people’s money” received by the Lee fund.

The flurry of activity comes as Picard faces a Dec. 11 deadline to file clawback suits. That date, next Saturday, is the two-year anniversary of Madoff’s arrest. To date, Picard has filed lawsuits seeking the return of more than $25 billion; he has actually recovered about $1.5 billion.

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Ponzi Scheme Clawback Suit Settled for $10 Million

November 30th, 2010

Investopedia defines a clawback as “Money or benefits that are distributed and then taken back as a result of special circumstances.” We guess that a Ponzi scheme qualifies as special.

Forty-five investors, including hedge fund Mountain Capital Management, have reached a settlement in the in the Westgate Capital Management Ponzi scheme case. The investors will hand back almost $10 million to Westgate’s court-appointed receiver Lee Richards.

Richards had filed clawback lawsuits against the Woodcliff Lake, N.J.-based hedge fund and other investors, demanding they return the fictitious profits paid out by Westgate. Richards had also accused Mountain founder Neil Monteleone of learning that fellow hedge fund Westgate was a fraud three years before it collapsed, and doing nothing about it.

Mountain denied those allegations; its lawyer, Anthony Paccione, said the firm settled as a “necessary step for all parties to try to move forward.

Mountain will return $8.88 million—the bulk of the settlements reached by Richards. Paccione said that accounted for “all of the fictitious profits that [Monteleone's] funds received over a number of years. It is important to note that my client had no knowledge of the fraud and was defrauded like all of the other victims.”

The 45 settlements netted a total of $9.99 million. Richards said he has now recovered 77% of the phony profits he was seeking, adding that “a number” of clawback cases remain outstanding.

Westgate founder James Nicholson was sentenced to 40 years in prison last month for running the $140 million scam. He pleaded guilty in December, a year after his Ponzi scheme fell apart in the wake of the Lehman Brothers collapse.

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FSA Levies Fines Against U.K. Law Firm Over Lehman-Backed Products

September 23rd, 2010

A U.K. lawyer

The United Kingdom’s Financial Services Authority has issued a fine against law firm Thorntons Law LLP for misleading clients during the marketing of structured products that had the backing of now-defunct prime broker Lehman Brothers Holdings Inc.  The fines against the Scotland- based firm and two individuals were levied because they did not warn customers about the riskiness of the products.

Thorntons received a fine of 35,000 pounds ($55,000) and Michael Royden, a partner at the firm, 10,500 pounds, the regulator said in a statement today on its website. The FSA also fined Robert Peter Yarr, a financial adviser at McClelland Yarr Financial Services Ltd. in Belfast, 28,000 pounds.

The FSA said in October that three firms were facing fines after it probed sales literature in the 107 million-pound structured-products market. Lehman’s September 2008 collapse and bankruptcy prompted lawsuits by former clients whose assets were frozen in insolvency proceedings around the world.

“Firms and individuals giving investment advice must properly assess their clients’ needs and make suitable recommendations,” FSA head of enforcement Margaret Cole said in the statement. “They must also have the necessary systems and controls in place to ensure that this happens.”

Royden was in charge of compliance at Thorntons’ Investment Services at the time the firm was offering the products from November 2007 and August 2008. Structured products were typically marketed as guaranteeing the principal amount of money invested, even if no returns were possible. After Lehman’s collapse, the investors’ original contributions weren’t repaid.

Thorntons “commissioned an independent review of systems, following which, a number of improvements have been implemented,” the firm said in an e-mailed statement. “We are in the process of reviewing each case to ensure that our obligations regarding redress are met and a number of clients affected by the FSA findings have already received payment.”

Royden and Yarr didn’t immediately respond to requests for comment. All three received the FSA’s standard 30 percent discount for cooperating with the probe.

In February, the regulator fined a unit of RSM Tenon Group Plc, a London-based financial-advice company, 700,000 pounds for failing to explain to customers the risks of products backed by Lehman.

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