Banner
Business Online
Where am I? Home Global Markets Americas Hunt for Madoff money to drag on for years
"Five months after Bernard Madoff's massive fraud was revealed, little of his victims' money has been found and it appears increasingly likely that the..."
Five months after Bernard Madoff's massive fraud was revealed, little of his victims' money has been found and it appears increasingly likely that the worldwide hunt for their missing billions will drag on for years.

So far, the court-appointed trustee sorting through Wall Street's biggest investment fraud has located only about $1 billion to be distributed to defrauded customers -- a fraction of the $65 billion the confessed con man's records purported to have in nearly 7,000 client accounts when the FBI arrested him in December.

Trustee Irving Picard has signaled, however, that he is ramping up efforts to find more money, a ray of hope for victims if these funds can ever be tracked down and shared among them.

At this relatively early stage of Picard's investigation, though, it is unclear if that is possible.

Legal wrangling could take years, especially the complicated court battles in U.S. Bankruptcy Court over whether some investors who withdrew money should be forced to compensate others, said Earl Colson, an attorney at law firm Arent Fox LLP in Washington.

He said that not only is Picard examining the dollar amounts that investors deposited or withdrew over decades in making determinations about who should be forced to give back money, the trustee is also developing legal cases on whether some investors were or should have been aware of the fraud.

"It's not a question of how much you put in or took out, it becomes a question of motive," Colson said.

In recent weeks, Picard has sued a number of hedge funds and other big investors, demanding they return $10.1 billion in "fictitious profits" they received from Madoff, who confessed in court in March that he had not done any trading in client accounts in years.

Picard argues in these lawsuits that sophisticated investors such as California money manager Stanley Chais, New York hedge fund founder Ezra Merkin and Florida philanthropist Jeffry Picower "knew or should have known" Madoff's consistently high returns were implausible.

The trustee has hired lawyers in Gibraltar, the Cayman Islands and elsewhere to help trace the money from Bernard L. Madoff Investment Securities LLC in New York and Madoff Securities International Ltd in London. He has said that legal action against Madoff's relatives in what was a family-run business is a possibility.

Madoff, 71, has pleaded guilty to 11 criminal charges including securities fraud, money laundering and perjury for a scheme in which he used money deposited from new clients to finance the withdrawals of earlier customers.

The scheme fell apart as a wave of clients sought to withdraw their money in 2008 amid the financial crisis.

Madoff is in jail and faces the possibility of life in prison when sentenced on June 29.

The trustee has been on the job since December and spent much of the first few months sorting through paper records kept by the Madoff firm and interviewing employees.

Wielding his far-reaching powers under federal bankruptcy law, he is pursuing the likes of Picower for $5.1 billion, Chais for $1 billion and Merkin for $500 million. Hedge funds Vizcaya Partners, Kingate and Harley International are also in his sights.

Legal experts say, however, that Madoff victims should not count on a quick resolution, in part because some of the allegations touch on a still-emerging area of bankruptcy law dealing with whether some investors knew or should have known that Madoff's investment business was a fraud.

"These concepts haven't been tested too often," said Steven Gatti, a partner at law firm Clifford Chance in Washington. The amounts of money involved in the lawsuits will "make people fight pretty darn hard" to defend themselves, he said.

Picard has likely studied the legal theory behind a recent court ruling stemming from the $400 million Bayou Group hedge fund fraud that could help his case, legal experts said.

In the Bayou case, a bankruptcy court judge found that investors who cashed out of their investments within two years of the fraud coming to light had to give back principal as well as profits if there was evidence they exited because they knew -- or even suspected -- a fraud was occurring.

The decision is being appealed by Bayou investors who say it is unfair to those who redeemed early.

Carole Neville, an attorney for Bayou investors who opposed the judge's ruling, said the Madoff trustee's lawsuits are delving into similar territory and it was unclear how they would play out. But such cases can be hard fought.

"If I were defending those lawsuits we could keep him busy for the next 20 years before any decision got made," said Neville, a partner at law firm Sonnenschein Nath & Rosenthal LLP in New York.

Picard himself has not given much indication of how long he thinks his job will last, though it is clear that he hopes to settle some disputes rather than engage in protracted lawsuits. He has said he expects several significant settlements in the next few weeks that would boost investors' ultimate recovery.
ADD your comments
Write comment
Name:
Email:
 
Title:
UBBCode:
[b] [i] [u] [url] [quote] [code] [img] 
 
:angry::0:confused::cheer:B):evil::silly::dry::lol::kiss::D:pinch::(:shock::X:side::):P:unsure::woohoo::huh::whistle:;):s
Comment:
  Disclaimer
BO.co.zw encourages freedom of speech and the expression of diverse views. The views of users published on BO.co.zw are therefore their own and do not represent the views of BO.co.zw. All posts are monitored by BO.co.zw's editors and grossly derogatory posts will be deleted. The BO.co.zw editorial team will delete your comment should you post abusive comments, use vulgar language or make discriminatory observations.

3.26 Copyright (C) 2008 Compojoom.com / Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved."

 
May 19 2012 04:17 | LAST UPDATED May 17 2012 16:37
 

Banner
vote
Should foreign banks be Indigenised
Sponsored by: 4Cast Research
Banner

Related Articles

1
As we await the budget
2
Implats can be ‘very instrumental’ in Zimbabwe’s economic reconstruction, says CEO David Brown
3
Implats Zim assets ready to fire?
4
Motsepe jets in
5
SA firms want Zim guarantees
6
Financier Soros joins the chorus of sorrow
7
SA offers Zimbabwe US$50m credit facility
8
Zimbabwe gold mines begin to re-open, but uncertainty stifling big investment
9
Zimbabwe gold mines begin to re-open, but uncertainty stifling big investment
10
Zim: SA co's to get land rights
11
Bots gvt will not finance Zim loan
12
ZSE closes week firm
13
ZSE closes week firm
14
manuel-may-move-reports
15
ARM, Vale mull $300m Zimbabwe investment
16
No relief insight for nickel producers
17
Rio Zim seeks private investors
18
Wall Str sputters as traders assess gains
19
Murowa diamond '08 output at record
20
IMF team jets in
21
MTN confirms Zim mobile network plans
22
Implats positive on Zimbabwe
23
ZSE opens week low
24
FirstRand’s FNB eyes Zimbabwe
25
U.S. faces Zimbabwe-sized inflation rate
26
SA May Grant Zimbabwe $100 Million Loan
27
Zim economy to grow 2.8%
28
U.S. Said to Plan Approval Today for 10 Banks to Repay TARP
29
ZB to seek private investors
30
Nedbank eyes Nigeria for expansion
31
Gold mostly flat above $930
32
Gold hovers around $933/oz
33
Oil price slips as optimism wanes
34
Asian markets gain
35
Wall Street sinks
36
Another Zim fuel increase
37
IMF sees Zim recovery
38
Zim rand plans 'good for SA'
39
Gvt to lift gold royalty remittance suspension. .
40
China: SA's top export market
41
Inflation up -0.5%
42
Madoff beach house sale completed for $9.41 mln
43
Bad debt weighs on Barclays
44
Tourists return to Zim as economy recovers
45
2010 National Budget date set
46
ZIM/SA officially sign BIPPA
47
Tobacco auctions resume
48
Zim consolidation ups costs-PPC
49
PPC seeks wider expansion as Zim ownership plan slows investment
50
Zim extends indigenization proposals deadline
51
China's euro doubts rattle markets
52
Zim gold miner eyes 100 000 oz output in 2012
53
Ghana, Zim seek closer ties at business forum
54
Closures, resignations at Celsys
55
Wall St slammed by new fears
56
TWP withdraws from Zim gold project -ACR
57
IMF calls for more economic reforms
58
Zim Platinum Poised for Lift
59
Zim to start selling diamond stocks
60
Zimbabwe dividing Kimberley Process member countries
61
Zim should sell diamonds-Manufacturers
62
China firm explores Zim uranium
63
Zim inflation decelerates
64
Aquarius Platinum shares plunge
65
Rough diamond prices could weaken
66
Tourism sector a concern - Gono
67
Implats strike looms
68
Gvt gets $30mln dividend from diamonds
69
Zimbabwe, Botswana conclude US$70mn credit facility
70
300 delegates expected for ATA congress
71
Zim tobacco sales hit $236m
newsletter & Alerts
The latest news and analysis delivered to your in-box. Check the boxes below to sign up.
4Cast Executive Update
4Cast Financial Markets
sponsored links
Fidelity Life Assuarance Fidelity Life Assuarance
Kingdom Financial Holdings Kingdom Financial Holdings
Interfin Group Interfin Bank
Rainbow Tourism Group Rainbow Tourism Group
Business Online © 2012 All Rights Reserved.