Standard News

Hide Advertisement
  • Business
  • Culture
  • News
  • Technology
  • Trending
Site logo
ADVERTISEMENT
ADVERTISEMENT

Judge shrinks Madoff trustee $905 million lawsuit versus Florida firm

By Reuters 2 min read
Irving Picard. the bankruptcy trustee in the Bernard Madoff case, speaks to the press outside the U.S. Bankruptcy Court in New York

By Jonathan Stempel

NEW YORK (Reuters) – A federal bankruptcy judge on Thursday narrowed a $905 million lawsuit filed by the trustee seeking money for Bernard Madoff’s victims against executives who ran a now-defunct Florida accounting firm that had close ties to the swindler.

Advertisement

U.S. Bankruptcy Judge Stuart Bernstein in Manhattan said Irving Picard cannot recover alleged improper transfers made before 2001 to Palm Beach-based Avellino & Bienes, which ran the earliest “feeder funds” that sent client money to Madoff.

The decision is a setback for Picard, in one of the larger of his more than 1,000 lawsuits seeking to recoup money from people he believes benefited improperly from Madoff’s fraud.

Picard accused principals Frank Avellino and Michael Bienes of helping conceal Madoff’s Ponzi scheme, including in 1992 when Madoff created fake account statements to help their firm defend itself in a U.S. Securities and Exchange Commission probe.

The trustee said the duplicity enabled Avellino, Bienes and their wives to reap millions of dollars to buy multiple luxury homes, art by Pablo Picasso and Edgar Degas for the Avellinos, and a cold storage compartment to store Dianne Bienes’ furs.

But in a 62-page decision, Bernstein agreed with the defendants that Picard lacked power to recover transfers made before Jan. 1, 2001.

It was on that day that Madoff transformed his business from a sole proprietorship into Bernard L. Madoff Investment Securities LLC, which Picard was appointed by the court to liquidate following its December 2008 collapse.

While Picard can recover actual transfers by the sole proprietorship, “it does not follow that the trustee can recover the actual withdrawals of cash by customers of the sole proprietorship,” Bernstein wrote.

A spokeswoman for Picard had no immediate comment. Gary Woodfield, a lawyer for the defendants, did not respond to requests for comment.

According to the trustee, Avellino began sending client money to Madoff as early as 1962, when both were in their mid-20s. Avellino & Bienes shut their accounting practice in 1984 to focus on investing with Madoff, the trustee said.

Picard has recovered roughly $11.2 billion, or 64 percent of the $17.5 billion he estimated was lost by Madoff’s customers. Madoff, 78, is serving a 150-year prison term.

The case is Picard v. Avellino et al, U.S. Bankruptcy Court, Southern District of New York, No. 10-05421.

(Reporting by Jonathan Stempel in New York; Editing by Tom Brown)

tagreuters.com2016binary_LYNXNPEC6K1PY-VIEWIMAGE

Advertisement - Continue reading below

New York drivers group sues Uber, claims labor laws violations
News
Reuters 2 min read

New York drivers group sues Uber, claims labor laws violations

Florida nightclub backs off plans to reopen as memorial
News
Reuters 2 min read

Florida nightclub backs off plans to reopen as memorial

Washington state will not charge police in Mexican laborer’s slaying
News
Reuters 2 min read

Washington state will not charge police in Mexican laborer’s slaying

California prosecutors have Stanford sexual assault judge removed from new case
News
Reuters 2 min read

California prosecutors have Stanford sexual assault judge removed from new case

Glitzy parties, bowling: Scenes from the other Republican convention
News
Reuters 4 min read

Glitzy parties, bowling: Scenes from the other Republican convention

It wouldn’t be the 4th of July without Willie Nelson’s moveable ‘picnic’
News
Reuters 3 min read

It wouldn’t be the 4th of July without Willie Nelson’s moveable ‘picnic’

Judge in Stanford rape case receives death threats amid recall efforts
News
Reuters 2 min read

Judge in Stanford rape case receives death threats amid recall efforts

U.S. regulator tells air passengers not to turn on Galaxy Note 7 phones
News
Reuters 2 min read

U.S. regulator tells air passengers not to turn on Galaxy Note 7 phones

South Korean cram school tutors deny wrongdoing in SAT leak case
News
Reuters 2 min read

South Korean cram school tutors deny wrongdoing in SAT leak case

Texas attorney general questions Target’s transgender bathroom policy
News
Reuters 2 min read

Texas attorney general questions Target’s transgender bathroom policy

load more Loading posts...

sidebar

ADVERTISEMENT
ADVERTISEMENT

sidebar-alt

  • About Us
  • Imprint
  • Contact Us
  • Terms of Service
  • Privacy Policy