Skip to main content

Madoff reduced to nothing

Government seizes all assets from Ponzi mastermind, who faces maximum of 150 years in prison at his sentencing Monday. Wife loses millions in assets.
June 27, 2009: 12:22 PM ET

NEW YORK (CNNMoney.com) -- Bernard and Ruth Madoff have been stripped of their vast riches.

The government announced Friday night that it had seized all of Bernard Madoff's property in a deal that also forces his wife to give up homes and property worth millions.

Federal prosecutors obtained a $170 billion legal judgment against Madoff.

Madoff, 71, masterminded the largest and most sweeping Ponzi scheme ever, and now faces the possibility of spending the rest of his natural life in prison.

Madoff is scheduled to be sentenced on Monday morning in a federal court in Manhattan.

On Friday, prosecutors urged U.S. District Judge Denny Chin to hand out the full possible sentence of 150 years. Earlier in the week, Madoff argued in court papers that he should be sentenced to a term of as little as 12 years.

The court papers released Friday night indicate that Bernard and Ruth Madoff will give up any claim on nearly $80 million worth of property.

These include $60 million and three homes: A Manhattan apartment valued at $7.5 million, a $7 million house in Montauk, N.Y., and a $7.45 million home in Palm Beach, Fla.

In addition, the government will get $1.48 million from the sale of a Madoff home in Cap d'Antibes, France, as well as furniture, artwork, jewelry other items. The Madoffs will also lose their interest in "tens of millions of dollars" in loans they had made to family, employees and friends.

Madoff confessed on March 12 to a scam that stole billions of dollars from thousands of victims. He used his investment firm, Bernard L. Madoff Securities, which he founded in 1960, as a front.

In a Ponzi scheme, the scammer uses fresh money from unsuspecting investors to make payments to more mature investors, creating the false appearance of legitimate returns. In Madoff's case, he sent statements to victims claiming that their investments had grown several times over, but in actuality he had stolen, not invested, their money.

Investigators said that Madoff maintained an aura of exclusivity, while his alleged accomplices courted new investors because they needed a constant influx of fresh funds. Investigators believe that Madoff had been running his scam since at least the 1980s until he finally ran out of money in December 2008, when he admitted the fraud to family members.
Sentence: 150 years, or 12?

Madoff pleaded guilty to 11 criminal counts, including fraud, money laundering, perjury, false filing with the Securities and Exchange Commission, and other crimes. Prosecutors with the U.S. Attorney's office in New York requested the maximum sentence of 150 years, based on the number of victims, the amount of money he stole and the extent of the damage he caused.
0:00 /4:18Inside Bernie's house of cards

Many of his victims were wiped out financially by the scam and they have sent letters to the judge requesting a life sentence.

But Madoff's lawyer Ira Lee Sorkin requested a 12-year sentence. Sorkin explained, in his letter to the judge, that his septuagenarian client isn't likely to outlive the sentence by more than a year.

"Mr. Madoff is currently 71 years old and has an approximate life expectancy of 13 years," wrote Sorkin. "A prison term of 12 years -- just short of an effective life sentence -- will sufficiently address the goals of deterrence, protecting the public and promoting respect for the law."

In his letter, Sorkin described Madoff as "non-violent," noted his "voluntary surrender" to authorities and complained about the "desire for a type of mob vengeance" in the victims' impact letters.
Compensating the victims

Thus far, federal investigators have identified 1,341 investors in Madoff's firm, with losses exceeding $13 billion. They're still tallying the damage.

A group of victims sent the judge a 141-page collection of letters detailing the extent of damage that Madoff had inflicted on them. Many of the victims said they had banked their life savings with Madoff's firm and they were ruined as a result of his scam.

Eleven of the letter-writers requested, and were granted, the right to speak in court on Monday.

There are two ways for victims to get compensated, or at least partially compensated, for their losses: through seized assets and through the Securities Investor Protection Corporation, an organization that shields investors in brokerage firms.

Many of the Madoffs' other assets have been seized as well, including a home in Palm Beach, Fla., an $800,000 yacht named The Bull, and a legitimate investment firm that Madoff kept separate from the scheme. The value of these and other assets will eventually be used to compensate victims, based on how much they invested in Madoff's firm.

Also, SIPC will pay up to $500,000 for any eligible claimant who lost money to Madoff, based on how much they put in. This coverage comes from dues paid by brokerage firms.

Some victims are unhappy with this system. Joe Stewart of Las Vegas explained, in a written statement to CNNMoney.com, that as an indirect investor he is not covered by SIPC. Another victim, Dana Foy of Jemez, N.M., complained that SIPC will only compensate him for the $150,000 he invested in the firm, not the $600,000 that the firm told him his investments were worth.

"In any other Ponzi scheme, the rule is [that] cash in, minus the cash [that the investor took] out, is going to be the value of your claim," said SIPC Chief Executive Steve Harbeck to CNNMoney.com.

Harbeck said that indirect investors who unknowingly gave their money to Madoff through a separate firm aren't necessarily barred from compensation, depending on their particular case. "There are very few things in law that are black and white," he said.

Harbeck said that victims have until July 2 to file a claim with U.S. Bankruptcy Court in New York.
Madoff's next home

For three months since his December arrest, Madoff managed to avoid jail by posting $10 million worth of bail. He spent the time under house arrest, ensconced in his Manhattan apartment.

But since his confession in March, he has been incarcerated in the Metropolitan Correctional Center in lower Manhattan, a holding facility for convicts awaiting sentencing. This has given him a taste of life behind bars.

Once he is sentenced, he will probably be transferred to a medium-security federal prison, according to prison consultants. Madoff's status as a non-violent offender should keep him out of maximum-security, consultants said. But they added that the massive scale of his crimes and his hefty sentence would make him ineligible for a low-security prison or a minimum-security prison camp, which inmates usually prefer because of safety, fewer restrictions and better quality of life.

In a medium-security prison, he would live in a cell, separated from the outer world by double layers of razor wire fencing with electronic detection systems, according to the Federal Bureau of Prisons. He would have to work a menial job, possibly in a kitchen or laundry room, for 12 to 40 cents an hour.

The BOP will have the final say as to where Madoff will serve his sentence. BOP spokeswoman Felicia Ponce said they try to place inmates within 500 miles of their families.

Keeping that in mind, Alan Ellis, attorney and author of the "Federal Prison Guidebook," believes that Madoff will probably get sent to Federal Correctional Institute Otisville or FCI Ray Brook, both in upstate New York, FCI Fairton in New Jersey or FCI McKean in Pennsylvania.

Madoff will have to learn how to survive in the medium-security environment, where there are many violent offenders, according to prison consultants.

"There will be people who think that Bernie can give them stock tips, but I don't see anyone being his big pal," said Larry Levine, founder of Wall Street Prison Consultants who served 10 years for his ties to organized crime. "I believe he'll be treated like an outcast." To top of page

Comments

Popular posts from this blog

購屋糾紛多 預售屋是申訴榜首行政院消費者保護委員會統計,房屋糾紛為去年國人所有申訴糾紛排行榜第一名,3030件糾紛案已佔所有申訴糾紛一成,其中尤以「預售屋」糾紛最為嚴重。發現六大缺失,包括:建商未提供驗收條款或未記載交屋保留款、未明確記載開工日期及取得使用執照期限、未記載地價稅、房屋稅分擔比例、未經買方同意更換主要建材及廠牌規格及交屋期限不明確、未記載建物第一次登記的稅費負擔約定,以及未記載賣方對廣告之義務而且違約金收取過高。 消保官莊惠媛指出,消費者購買預售屋基本上就像購買一個夢想,且大部分消費者必須要花掉一生積蓄才能買回一個窩,但因為預售屋不像成屋,有實體房屋可供檢視,就得預先和房屋業者訂契約先行付款,最後往往因期待有落差而陷入糾紛成為惱人之痛。 莊惠媛呼籲,民眾購屋前為了維護權益,應先瞭解內政部先前訂定的「預售屋買賣契約書範本及預售屋買賣定型化契約應記載及不得記載事項」,尤其針對預售屋挑購提出「八大提醒」,包括:一、確認並履勘預售屋位址;二、攜帶捲尺、相機參觀樣品屋;三、看建築執照影本、執照核准圖說;四、審閱契約並瞭解契約內容;五、索取並保留廣告文案;六、詳實紀錄銷售現場建材資訊;七、洞悉成交紅單、假客戶等銷售手法;八、選擇合法代銷業者,以免受騙上當。 【2009/03/16 聯合晚報】
科技擠壓 原生種子快滅絕 2009/05/15【米千因/文】《聖經‧創世紀》:上帝說:我要將所造的人和走獸並昆蟲以及空中的飛鳥都從地上消滅。 於是上帝在罪惡滿貫的人類中揀選恪守本分的義人諾亞一家,諾亞夫婦、三個兒子及其媳婦,作為新一代人類種子來保存下來。上帝告訴他們,七天之後就要實施大毀滅,而命他們造一只方舟,一間一間地造,裡外抹上松香。諾亞一家立即照辦,等方舟造好之後,上帝說了:看哪!我要使洪水在地上氾濫,毀滅天下,凡地上有血肉、有氣息的活物無一不死。我卻要與你立約,你同你的妻子、兒子、兒媳都要進入方舟。凡潔淨的畜類,你要帶七公七母;不潔淨的畜類,你要帶一公一母;空中的飛鳥也要帶七公七母。這些都可以留種,將來在地上生殖。2月17日當天,諾亞六百歲生辰,海洋裂開,巨大的水柱從地下噴射而出,大雨下不停,整整降了四十天,水無處可流,迅速上漲,淹沒了高山,最後凡是在陸地上靠肺呼吸的動物都死了,只剩下方舟上的人、動物及種子安然無恙。 目前有一群歷史學家與考古學家正在熱衷地尋找證據,來證明諾亞方舟的存在,而部分社會學家與環保人士卻將關注的眼光投向原生種子的培育與保留上。理由是工業革命以至基改科技發達的今日,原生植物種子滅絕了大半而不復得。比方,世界上原有二百多萬種食用性植物,稻米種類至少也有十二萬種之多,如今普遍種植的不到數百種。十九世紀,美洲大陸至少有七千多種不同種類的蘋果,現在則僅剩約三百種,且大都是雜交,原生種如鳳毛麟角;加上企業一手主宰的廣大單作,以及隨後而至的基改技術,雜食性的人類於是被迫成為挑食、偏食、速食的怪物。而糧食分配不均的問題不但未能因而獲得解決,甚且因企業的壟斷而更形惡化。雖有科技的介入而全球饑餓人口不減反增,糧食價格高漲不下,人類身心健康因飲食習慣的改變而為過胖、糖尿病、心臟病、憂鬱症等文明病所苦。人類以科技萬能的傲慢插手上帝的傑作導致這樣的結果,不待歷史學家及考古學家的證明,全球暖化將引發大洪水的理論或會成為事實,那麼,一個有效而力量龐大的逆轉運動若非於此時出現,人難道只能坐以待斃? 義大利人Carlo Petrini首先發難,組成了國際慢食會,且一觸即發,如洪水漫過大地地延燒成一股運動,沒幾年,慢食所講求的良好、公平、乾淨的主旨與精神傳染了全球各角落,因而衍生出林林種種反應在慢活態度的活動與主張,於是慢食之後,慢活、慢設計、慢診斷、慢建築、慢手工、...

司法部要細究微軟/Yahoo搜尋交易

為何美司法部要細究微軟/Yahoo搜尋交易? ZDNET新聞專區:2009/09/14 微軟與Yahoo的搜尋交易,不但實行之日遙遙無期,現在更可能無疾而終。 兩家公司都預期美國聯邦司法部會詳細審查微軟接手Yahoo網搜業務的交易,而兩家公司也在上週五(11日)證實,司法部已要求他們提供更多相關資訊。這代表主管機關對此案的興趣已不只是一般程序的合法性。 針對此案,司法部可能從兩個不同的面向切入。其一,當局將調查廣告主是否因失去一個廣告通路而受損,以及此後Google會否在搜尋市場缺乏改善的動力,因為少了一個最大的競爭者。 就某些方面而言,司法部的調查幾乎是一項反射動作。紐約Constantine Cannon反托辣斯律師Matthew Cantor表示,當某個市場只有三家主要公司,而其中兩家決定合作,自然會引發調查。他說:「這件交易將在一個高門檻,且原本只有三個主角的市場,消滅其中一個競爭者。」他用1960年代的美國媒體市場為例,假如當時僅有的三大電視網有其中兩家決定合併,政府絕對會採取行動。 但這件醞釀多年的交易,卻沒有趕在較不排斥企業併購和收購的前朝政府任內提出。華盛頓州Robbin Russell事務所合夥人Donald Russell指出,經過多年的放任管理,司法部對企業併購活動的興趣又逐漸升高。經濟狀況不佳已減少了企業併購活動,但歐巴馬總統主政之下的司法部,可能開始扮演更強勢的管理角色。 Cantor認為,司法部將強迫微軟和 Yahoo將Yahoo的搜尋技術資產公開標售,換取該案通過。此舉將可引進第三方到搜尋市場,僅管這個新手必須挑起吸引搜尋者的重擔:Yahoo曾表示,絕大部分Yahoo搜尋的使用者,都是透過某個Yahoo網頁進行,這兩者的結合,是網路上流量最高的網頁。然而,微軟看上的不是這部分。該公司已投入龐大的資源推出Bing搜尋引擎,他們想要的是Yahoo搜尋技術的特定面向,更別說某些才華洋溢的工程師。 有鑑於微軟和Google兩大巨人多年來在華府的遊說角力,造成Google近年的交易飽受刁難,這次也可能是Google趁機扳回一城。Google拒絕評論司法部的動作,但有以下聲明:「線上(市場)的競爭一向激烈,而我們的經驗是,競爭為使用者造就了更好的東西。我們有意進一步瞭解這件交易。」(陳智文/譯)