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Mario Cuomo key player in Madoff-Mets settlement

Two weeks before the owners of the New York Mets and the trustee hunting for money for victims of Bernard Madoff’s Ponzi scheme were scheduled to go to trial, former New York governor Mario Cuomo requested a meeting. Cuomo, a court-appointed mediator, wanted to explain to Mets owners Fred Wilpon and Saul Katz the risks of trial, including the possibility of losing the case — or winning and having to fight an appeal. Cuomo, who struck out when he tried to settle the case a year earlier, knew Wilpon and Katz were concerned about their reputations. The trustee’s $1 billion lawsuit claimed they had built their empire by turning a blind eye to Madoff’s fraud. Read Reuters report [...]

The ‘I Know Nothing’ Defense

The time-honored “I know nothing” defense has less credence for officers and directors of corporations. That is at least one message from the settlement announced Monday between Irving H. Picard, the trustee overseeing recovery for the victims of the Bernard L. Madoff fraud, and the Mets owners Fred Wilpon and Saul Katz. Before the settlement, Mr. Picard was pursuing a suit accusing the two of being willfully blind to signs that Mr. Madoff was running a scam. Mr. Wilpon and Mr. Katz had argued that they “knew nothing” of Mr. Madoff’s fraud even though they were close friends of Mr. Madoff’s before he pleaded guilty to the Ponzi scheme. Read New York Times report [...]

A ‘Corzine Rule’ for Funds

Exchange operators and a futures-industry regulator are working on new rules that would restrict what brokerage firms can do with customer money in the wake of MF Global Holdings Ltd.’s bankruptcy last year. One proposal, which some regulators have dubbed the “Corzine rule” after former MF Global Chairman and Chief Executive Jon S. Corzine, is gaining momentum as more drastic ideas, such as setting up a new customer-insurance program, have run into resistance. More in the Wall Street Journal [...]

Madoff Hoped For Vindication Of A Sort If Mets Owners Went To Trial

Sports journalists weren’t the only ones disappointed when the owners of the New York Mets agreed to a $162 million out-of-court settlement on Monday with the trustee collecting assets for victims of Bernie Madoff’s Ponzi scheme. Banished to the distant bleachers of a federal prison in North Carolina, Madoff was nevertheless hoping for a trial so he could root for the Wilpon family. Read Forbes report [...]

Madoff’s Lament: I Was An Honest Money Manager Once

Even after more than a year of correspondence with me, Bernie Madoff wasn’t quite finished bashing the Madoff trustee and proclaiming his former honesty as a money manager. On Saturday, March 17 — after Forbes managing editor extraordinaire Tom Post had tucked my magazine article about our pen pal relationship into bed – Madoff sent me a late-night email that returned to his constant theme: Despite what the trustee claims, Madoff was once a legitimate money manager before he became a crook. More in Forbes here.
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Judge Slams FINRA Arbitration

If you have an account with a retail broker, or are employed by one, you signed an agreement requiring you to submit all disputes to mandatory arbitration administered by FINRA. The idea of requiring investors and employees to arbitrate disputes before a tribunal appointed by the very industry being sued is deeply troubling. Because it deprives American citizens of their constitutional rights to access to the courtroom and trial by a jury of their peers, it has neither the appearance nor the reality of impartiality. Among others, I testified before Congress and urged it to enact legislation prohibiting mandatory arbitration clauses as being fundamentally unfair. See Huffington Post article [...]

Citi/Rakoff case: How much deference do courts owe the SEC?

U.S. Senior District Judge Jed Rakoff made a little joke at his own expense at Monday’s hearing on the settlement between the owners of the New York Mets and the trustee for Bernard Madoff’s bankrupt brokerage. After noting that the settlement includes a statement by trustee Irving Picard of Baker & Hostetler that lets the Mets owners off the hook for willful blindness, Rakoff paused. “I’m sure that was carefully negotiated,” he said, according to the hearing transcript. “I won’t ask the trustee if that means whether he admits or denies that he no longer thinks he can prove his claim against the defendants because I’m not permitted to ask those questions anymore.” More on Reuters [...]

SEC chief: Require brokers to put investors first

After President Obama in 2009 appointed Mary Schapiro to become the 29th chairman of the Securities and Exchange Commission, she hung a sign in her office with this message: “How does it help investors” This ethos — conceptually simple if often devilishly complex in its application — is the lens through which Schapiro views every agency task. I interviewed Schapiro after she spoke at the annual seminar of the Securities Industry and Financial Markets Association (SIFMA) Compliance and Legal Society. In her keynote address, she underscored the SEC’s mission to protect investors, while balancing the need to create an environment where financial institutions can operate efficiently and contribute to the growth of the U.S. economy. See CBS News report [...]

Foe of Madoff trustee Irving Picard says Mets’ deal won’t help others with clawback cases

A day after the Mets had perhaps their most fortuitous moment since Bill Buckner was manning first base 26 years ago, the news of the settlement between the Mets’ owners and the Madoff trustee promised no immediate relief for thousands of smaller investors who were swindled by the world’s greatest Ponzi schemer. So says Helen Davis Chaitman, a New York attorney who represents some 350 Madoff investors who are facing clawback lawsuits filed by trustee Irving Picard. Read New York Daily News report [...]

Exclusive: The Secret Madoff Prison Letters

Bernie Madoff hated e-mail. He rarely used it at his high-tech Wall Street trading firm. When others did, he fretted about the trail it left behind. He wasn’t crazy about letters, either. A staffer had standing orders to destroy his correspondence with one important client. Even after December 2008, when the world learned that ­Madoff had run the largest Ponzi scheme in history, few personal letters surfaced. He always preferred to deal with people face-to-face. In September 2010, in the first months of this intensifying isolation, Bernie Madoff became my pen pal–forced by captivity to rely almost entirely on e-mail and letters to carry out his last, desperate mission. Read more in Forbes [...]