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SEC: US government won't take Madoff money
Securities | 2009/04/08 09:27
The Securities and Exchange Commission says any money recovered from the sale of Bernard Madoff's assets will go to his investors rather than to the U.S. Treasury.


The SEC made the statement in papers filed Wednesday in federal court in Manhatan. The commission said some investors who fear otherwise want to force Madoff personally into bankruptcy court to recover assets.

The SEC said bankruptcy proceedings brought about by investors who lost billions of dollars to Madoff would create unnecessary confusion and cause costly and potentially wasteful litigation.

The commission said it believes the court should continue its order prohibiting the filing of a personal bankruptcy case against Madoff.



Mass regulator charges Madoff feeder fund
Securities | 2009/04/01 07:54

Massachusetts' top securities regulator charged hedge fund firm Fairfield Greenwich Group with fraud for allegedly lying to investors about confessed swindler Bernard Madoff's phony management business.

The action on Wednesday marks the first charges against one of Madoff's feeder funds, which funneled billions of dollars into the disgraced Wall Street legend's long-running Ponzi scheme.

William Galvin, Massachusetts' secretary of state, accused Fairfield Greenwich, a prominent hedge fund firm in Connecticut, of failing to check how Madoff generated the strong and steady returns he said he made year after year.

"The allegations against Fairfield in this complaint outline a total disregard for such (fiduciary) responsibility which helped the Madoff scheme to stay afloat for so long," Galvin said in a statement.

Galvin wants Fairfield Greenwich to return the money that Massachusetts investors lost in the scheme and return the performance fees they paid the firm. He is also seeking an administrative fine against Fairfield.

Fairfield Greenwich's Sentry Funds had placed about $7.2 billion, or 95 percent of its assets, with Madoff, whose fraud appears to have totaled about $65 billion.



Nacchio asks to remain free pending court review
Securities | 2009/03/13 02:04
An attorney for former Qwest CEO Joe Nacchio is asking a federal district court to let Nacchio remain free while he challenges his insider-trading conviction.

Maureen Mahoney says in an emergency motion filed Wednesday in Denver federal court that Nacchio isn't dangerous and won't flee.

Mahoney says she's moving swiftly to seek a Supreme Court review of his case and that the appeal will raise a significant question for the high court to review.

Nacchio was convicted in 2007 on 19 counts of insider trading and sentenced to six years in prison. A three-judge panel of the 10th U.S. Circuit Court of Appeals reversed the conviction, but the full appeals court later reinstated it.

A judge has since ordered him to report to prison by noon March 23.



Madoff list: Celebs, athletes and ordinary people
Securities | 2009/02/09 08:34
The scope of Bernard Madoff's alleged fraud is detailed in 162 pages of minuscule type — a list of the disgraced money manager's once-trusting customers, including a bevy of the rich, famous and powerful.


In between, though, are all the others — the names you've never heard. A retired teacher from the San Francisco Bay area. An emergency room doctor in Oregon. A carpenter from upstate New York. Thousands of mostly ordinary people, until now all but overlooked. Their voices reveal the true toll of Madoff's scheme, one that cannot be measured in dollars alone.

To do so, would overlook the anger, despair and silent shame they share.

"My wife says, 'keep yourself busy and get your mind off it,'" said Alan English, a Florida business owner whose life savings were lost to Madoff. "But how can I take my mind off something that has destroyed my whole life?"

English is one of thousands of Madoff customers whose names were made public late Wednesday in a filing with the U.S. Bankruptcy Court in Manhattan, and serves as testament to the sweeping nature of Madoff's alleged $50 billion fraud.

The list includes scores of famous names, from Hall of Fame pitcher Sandy Koufax, to World Trade Center developer Larry Silverstein to actor John Malkovich and CNN host Larry King.

But on a list with 13,000 entries, they are the exceptions. Run a finger down the list and what's most noteworthy is that so many of the names are people who might be just another neighbor or co-worker or friend.

They are people like Dr. Bonnie Sidoff, 56, an emergency room physician in West Linn, Ore. Years ago, her mother told her if she ever wanted to invest some money, she couldn't do much better than Bernie Madoff. Evelyn Rosen had never met Madoff personally, but in her circle of Florida country club friends, having money with the New Yorker was "considered an honor," Sidoff said Thursday.



King, Malkovich among Madoff investor list names
Securities | 2009/02/06 08:46
Larry King and John Malkovich were among the thousands of names listed as clients who invested with Bernard Madoff.


The list was made public Wednesday in a court filing in U.S. Bankruptcy Court in Manhattan. It supplied a handful of bold-faced names that further evidenced the reach into the entertainment world of Madoff's alleged Ponzi scheme.

Larry King's spokesman, Howard Rubenstein, said the CNN host suffered "not substantial losses." Rubenstein declined to answer further questions on King's investments with Madoff.

Managers for Malkovich, whose films include "Dangerous Liaisons" and "In the Line of Fire," didn't return messages left Thursday.

Prosecutors say Madoff admits he lost more than $50 billion belonging to investors. Defense lawyers say he has cooperated with authorities to help identify assets.

The list — compiled by AlixPartners LLP, a Dallas company hired as claims agent by the trustee overseeing the liquidation of Bernard L. Madoff Investment Securities LLC — wasn't necessarily comprehensive since some may have invested through an intermediary investment firm.



Madoff-hit Luxembourg funds halt redemptions
Securities | 2009/01/21 08:33
Sixteen Luxembourg-based funds that have put euro1.9 billion ($2.46 billion) into a massive pyramid scheme allegedly operated by U.S. financier Bernard Madoff have stopped investor withdrawals, the country's fund industry said.

The Luxembourg Fund Industry Association, or ALFI, named only three of the funds whose losses have been made public: LuxAlpha, Luxinvest and Herald (Lux).

Luxalpha board member Rene-Thierry Magon de la Villehuchet committed suicide last month when he lost $1.4 billion (euro1 billion) that he had invested with Madoff. Both Luxalpha and Luxinvest were promoted by Swiss bank UBS. HSBC and clients of Austria's Medici bank placed money with Herald.

In the U.S., hedge fund assets fell by $100 billion (euro77 billion) in October alone as investors withdrew their money and funds were forced to sell stock, exacerbating the severe volatility that pounded global markets during the month. Some funds have reacted by banning any more withdrawals.

France's government has pointed fingers at Luxembourg as the home of funds that lost money for many French investors. In an indirect attack last week, it called on EU regulators to check if all countries properly applied investor protection rules.

Luxembourg Prime Minister Jean-Claude Juncker shrugged off that allegation on Monday, saying France and Luxembourg had the same investor protection rules and the European Commission had never found problems with any EU nation on that issue.

Luxembourg's banking secrecy and low taxes attract investors and many billions of euros (dollars) — often irritating larger neighbors France and Germany.

ALFI said in a statement it would back any EU measure to improve supervision of the sector. "Even if the Madoff scandal is unprecedented by the proportions of the fraud and its international consequences, we should draw all the lessons to avoid such situations from happening again."

ALFI said the main blame for the scandal lay in the United States but checks should also be made to see if European advisers had taken enough care before telling clients to invest with Madoff.

It said the 16 funds affected by the fraud were a small proportion of the 12,300 active in the country and the money at risk was only 0.15 percent of the money managed by Luxembourg funds.



Madoff to appear in NYC court for bail hearing
Securities | 2009/01/14 08:47
Prosecutors asked a federal judge Tuesday to jail besieged financier Bernard Madoff, saying he tried to pick "winners and losers" in his $50 billion fraud when he and his wife shipped more than $1 million in jewelry to relatives and friends over the holidays.


Assistant U.S. Attorney Marc Litt said in a letter to U.S. District Judge Lawrence M. McKenna that there were no conditions of bail that will ensure the 70-year-old former Nasdaq chairman is not a danger to do financial harm to the community and a risk to flee.

"No matter the loss amount determined by the sentencing court, it appears that defendant will not be able to come remotely close to having the resources necessary to make his victims whole," Litt wrote. "Accordingly, every possible penny of the defendant's assets must be protected from dissipation."

Madoff was scheduled to be at a hearing before the judge Wednesday afternoon, two days after a magistrate judge ruled that he could remain in his $7 million penthouse despite government claims he was trying to disperse valuable jewelry and watches to close relatives and friends.

"By doing so, the defendant showed that he would not be deterred in his efforts to pick the winners and losers of his fraudulent scheme," Litt said.



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