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Madoff Trustee Can’t Sue Over Foreign Transfers

The trustee liquidating Bernard Madoff’s business can’t sue to recover money transferred by foreign financial firms to investors abroad, a U.S. judge said, cutting off another avenue to compensate victims of the country’s biggest financial fraud. U.S. District Judge Jed Rakoff in Manhattan ruled that the trustee, Irving Picard, is barred from using a provision of bankruptcy law to force the customers of overseas feeder funds, which pooled their assets for investment in Madoff’s fraud, to return the money to Picard. The ruling was made public today. More on Bloomberg [...]

Bill will help protect your investments

The passage, or failure, of a single piece of legislation will tell us a lot about whether our Congress represents the people of the United States or just its financial service industry donors. The legislation is the Restoring Main Street Investor Confidence and Protection Act, HR 3482 and Senate bill S 1725. The website govtrack.us gives the bill only a 23 percent chance of passage. The Restoring Main Street Investor Confidence and Protection Act would define the value of a person’s brokerage account — or “net equity” — as the value of the account based on the last statement from the brokerage house. In other words, the value of your account is what the brokerage house reports to you. That amount, up to $500,000, is what you could recover from the Securities Investor Protection Corporation, the SIPC, in the event of failure or fraud at the brokerage firm that has your money. More in the Waco Tribune [...]

Madoff trustee is dealt fresh legal setback

A Manhattan federal judge has limited the ability of the trustee seeking money for victims of Bernard Madoff’s Ponzi scheme to recoup sums that may have been fraudulently transferred outside the United States. In a decision on Sunday, U.S. District Judge Jed Rakoff said the trustee, Irving Picard, could not invoke federal bankruptcy law to recover money transferred outside the United States between foreign entities, citing a presumption that the law does not apply extraterritorially. According to court records, the decision affects several dozen lawsuits brought by Picard, who is liquidating Bernard L. Madoff Investment Securities LLC. More on Reuters [...]

Scott Burns: Will Congress keep your investments safe? Maybe.

The passage — or failure — of a single piece of legislation is going to tell us a lot about whether Congress represents the people of the United States or just its financial service industry donors. The legislation is the Restoring Main Street Investor Confidence and Protection Act, HR 3482 and Senate bill S.1725. The website govtrak.us gives the bill only a 23 percent chance of passage. So we have a good test, right now, of whether the folks we vote for actually represent us. Here’s the story: The Restoring Main Street Investor Confidence and Protection Act would define the value of a person’s brokerage account — the net equity — as the value of the account based on the last statement from the brokerage house. More in Dallas News [...]

5 Years Ago Bernie Madoff Was Sentenced to 150 Years In Prison – Here’s How His Scheme Worked

Five years ago Sunday, Bernie Madoff was sentenced to 150 years in prison for running the biggest fraudulent scheme in U.S. history. Even now, only a few of his victims have since regained all of their losses. A well-respected financier, Madoff convinced thousands of investors to hand over their savings, falsely promising consistent profits in return. He was caught in December 2008 and charged with 11 counts of fraud, money laundering, perjury, and theft. Here’s how Madoff conned his investors out of $65 billion and went undetected for decades: Madoff used a so-called Ponzi scheme, which lures investors in by guaranteeing unusually high returns. The name originated with Charles Ponzi, who promised 50% returns on investments in only 90 days. More on Business Insider [...]

Supreme Court Dashes Madoff Victims’ Hopes – Analyst Blog

Recently, victims of the fraudulent Ponzi scheme of Bernie Madoff suffered a big blow as the U.S. Supreme Court turned down the appeal seeking to recoup more money for them. Irving Picard, the trustee liquidating the Bernard L. Madoff Investment Securities LLC, had requested the apex court to hear his challenge to a ruling given by the Second Circuit Court of Appeals last year. Rebuffing the petition, this latest Supreme Court decree defends an earlier verdict by a lower US court that rejected Mr Picard’s appeal to prosecute the banks as accomplices in the fraud. With the Supreme Court verdict, banks such as HSBC Holdings plc ( HSBC ), UBS AG ( UBS ) and UniCredit SpA breathed a sigh of relief, having been exonerated from over $10 billion legal claims stemming from the Bernard Madoff Ponzi scheme. Nevertheless, according to Picard’s spokeswoman, with due respect to the apex court verdict, the trustee’s $3.5 billion bankruptcy claim still remains alive against these international banks. More on Nasdaq [...]

Supreme Court Rejects Madoff Trustee Appeal on Bank Lawsuits

The U.S. Supreme Court on Monday turned away an appeal by a court-appointed trustee who was seeking to sue several banks on behalf of victims of Bernard Madoff’s Ponzi scheme. The court’s action closes one legal avenue for trustee Irving Picard, who had sought to press lawsuits against banks including UBS AG UBSN.VX +1.29% , HSBC Holdings HSBA.LN +0.89% PLC and UniCredit UCG.MI +2.45% SpA, alleging they aided the Madoff scheme, collecting steep fees while ignoring warning signs of the massive fraud. Lower courts in New York ruled Mr. Picard didn’t have legal standing to bring those claims on behalf of Mr. Madoff’s victims. The Supreme Court left those rulings in place, rejecting Mr. Picard’s appeal without comment. More in the Wall Street Journal [...]

Three Ways To Ward Off The Next Madoff

Yesterday marked the five-year anniversary of Bernard Madoff’s sentencing to 150 years in prison. I am reminded yet again how vulnerable investors are at the hands of scam artists. Five years on, I’m afraid the regulatory environment has only emboldened the swindlers. The Securities and Exchange Commission, charged with protecting investors, is woefully underfunded. Whereas in 2006, the SEC could provide 19 examiners for every $1 trillion in investment advisors assets under management, last year there was enough funding for just 10 such examiners. And the investing world has become far more complicated. Guess who’s coming out ahead? In the last five years we’ve learned more about the depths of Madoff deceit and about his victims, many of whom still have not picked up the pieces. Among the hard-working teachers and small business owners, were also owners of sports franchises, a U.S. senator and scores of celebrities, people presumably experienced in the ways of Wall Street. They too didn’t spot the lies and bogus returns until it was too late. More on Forbes [...]