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USA v. Madoff
Criminal Case New York Southern District Court, Case No. 1:09-cr-00213
District Judge Denny Chin, presiding
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Madoff, Bernard L., Defendant
Officially listed as "Bernard L. Madoff"
Represented by Dickstein Shapiro LLP
Nicole Pappas De Bello +1 212 835 1446 +1 212 997 9880 wrobleskin@dsmo.com
Daniel James Horwitz +1 212 835 1400 +1 212 997 9880 horwitzd@dsmo.com
Ira Lee Sorkin +1 212 277 6576 +1 212 997 9880 sorkini@dicksteinshapiro.com
Mauro Michael Wolfe +1 212 277 6726 +1 212 277 6501 wolfem@dicksteinshapiro.com
Note: Criminal cases with multiple defendants may have several records with the same case number: one record for the master file (all defendants), as well as one record per defendant. It can often be difficult to tell which record is which. Other likely matches for this case include:
1:09-cr-00213: USA v. Madoff (163 Docket Entries)
1:09-cr-00213: United States v. Madoff (205 Docket Entries)
Entries (163) Calendar Events Related (0) Tools
165 Filed: 1/19/2015, Entered: None
NOTICE OF ATTORNEY APPEARANCE Jonathan Ephraim Weis Cohen appearing for USA. (Cohen, Jonathan) (Entered: 01/19/2015)
164 Filed: 12/5/2014, Entered: None
ORDER FOR INTERLOCUTORY SALE OF PROPERTY (PJ Clarkes, Clarke's Group, Duhl & Meyer, Hoboken Radiology, LLC) as to Bernard L. Madoff. The USMS is authorized to liquidate the Subject Property in a commercially feasible manner and may, in its sole discretion, reject any offer to purchase the Subject Property where it determines that the offer is being made by, or on behalf of, a person involved in the criminal activity alleged as the basis for forfeiture. The net proceeds from the sale will be held by the USMS in its Seized Asset Deposit Fund pending entry of a final order of forfeiture and will serve as a substitute res for the Subject Property (the "Substitute Res") in the above-captioned case, with all claims and defenses applicable to the Subject Property, including any other action that may be brought by the Office for forfeiture of the Subject Property or claims by third parties, to apply instead to the Substitute Res. (Signed by Judge Denny Chin on 12/5/2014)(ft) (Entered: 12/05/2014)
MOTION for Forfeiture of Property Application for Order for Interlocutory Sale of Property. Document filed by USA as to Bernard L. Madoff. (Attachments: # 1 Text of Proposed Order)(Monteleoni, Paul) (Entered: 12/03/2014)
NOTICE OF ATTORNEY APPEARANCE Paul Michael Monteleoni appearing for USA. (Monteleoni, Paul) (Entered: 12/03/2014)
161 Filed: 11/19/2014, Entered: None
MANDATE of USCA (certified copy) as to Bernard L. Madoff re: 159 Notice of Appeal,, 158 Notice of Appeal. USCA Case Number 14-3118. The Government moves to dismiss the appeal. Upon due consideration, it is hereby ORDERED that the motion is GRANTED and the appeal is DISMISSED. Appellant, a pro se litigant, may not represent the Defendant and, accordingly, the Appellant's notice of appeal was "not adequate to initiate" an appeal of the district courts order.See Jacobs v. Patent Enforcement Fund, Inc., 230 F.3d 565, 568 (2d Cir. 2000). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Issued As Mandate: 11/19/2014. (nd) (Entered: 11/19/2014)
ORDER as to Bernard L. Madoff. Frederick Banks has submitted a number of documents in this case, purportedly on behalf of defendant Bernard L. Madoff, but apparently without Madoff's authorization. Because Banks is not an attorney, and because he does not have Madoff's authorization, he may not purport to represent Madoff as counsel....[See this Order]... Accordingly, IT IS HEREBY ORDERED as follows: 1. All documents submitted by Banks purportedly on behalf of Madoff are rejected and will be returned to Banks. 2. Any future filings by Banks purportedly on behalf of Madoff will be rejected and returned to Banks. 3. To the extent Banks has sought or will seek relief on behalf of Madoff, the applications are and will be denied, without prejudice to any applications actually made by Madoff. 4. The Clerk of the Court shall forward any and all submissions by Frederick Banks purportedly on behalf of Madoff to Madoff's counsel, Ira Sorkin, Esq., Lowenstein Sandler LLP, and to the United States Attorney's Office for the Southern District of New York. SO ORDERED. (Signed by Judge Denny Chin on 11/5/2014, United States Circuit Judge, Setting by Designation) (bw) (Entered: 11/05/2014)
NOTICE OF APPEAL by Bernard L. Madoff c/o Frederick Banks from 156 Order. (tp) Modified on 9/2/2014 (tp). (Entered: 09/02/2014)
NOTICE OF APPEAL by Bernard L. Madoff from 156 Order. (tp) (Entered: 08/21/2014)
MOTION to Disqualify U.S. Attorneys Office and To Dismiss. Document filed by Bernard L. Madoff. (dnd) (Entered: 07/23/2014)
ORDER: As to Bernard L. Madoff. Before the Court is defendant Bernard L. Madoff's motion to disqualify the United States Attorney's Office under 28U.S.C. § 547. Defendant appears to argue that the United States Attorney is precluded from initiating an action to recover statutory penalties unless the case is based upon a violation of revenue laws. Defendant's argument is meritless... Accordingly, defendant's motion is DENIED. SO ORDERED. (Signed by Judge Denny Chin on 7/23/2014)(dnd) (Entered: 07/23/2014)
ORDER as to Bernard L. Madoff. WHEREAS, on or about June 26, 2009, the Court entered a Preliminary Order of Forfeiture (Final as to the Defendant)(the "Preliminary Order") as to BERNARD L. MADOFF, the defendant; WHEREAS, the Preliminary Order authorized the United States to take possession of the forfeited property and to hold such property in its secure custody and control pending adjudication of third party claims and entry of a final order of forfeiture; WHEREAS, on October 19, 2010, the Court entered an Order, a copy of which is attached hereto as Exhibit A, directing the Clerk of the Court of the United States District Court for the Southern District of New York to accept the transfer of approximately $61,993, plus interest (the "Funds"), from the Cashier's Office of the Clerk of the Court, United States District Court for the District of New Jersey, and to deposit the same in an interest-bearing account pending further Order of the Court; WHEREAS, in a Memorandum Decision filed on April 3, 2012, the Court granted the Government's motion to dismiss the petition of Epstein, Becker & Green, P.C., which alleged a legal interest in the Funds pursuant to 21 U.S.C. Section 853(n); WHEREAS, the United States is entitled to take possession of the Funds and hold the same pending entry of a final order of forfeiture. It is therefore ORDERED, ADJUDGED AND DECREED THAT: 1. The Clerk of the Court of the United States District Court for the Southern District of New York is hereby directed to transfer the Funds, and the interest accrued thereon, to the United States Marshals Service for the Southern District of New York ("USMS"), with the reference "10-FBI-001050." 2. The USMS shall hold the Funds in its secure custody and control pending entry of a final order of forfeiture. 3. The Clerk of the Court shall forward four certified copies of this Order to Assistant United States Attorney Barbara A. Ward, Acting Chief, Asset Forfeiture Unit, One St. Andrew's Plaza, New York, New York 10007. (Signed by Judge Denny Chin on 6/26/2012, United States Circuit Judge, Sitting by designation); The Clerk of the Court has mailed four certified copies of this Order to AUSA Barbara A. Ward on 6/27/2012, Certified Mail #7002-0860-0000-1508-1330. (bw); Modified on 6/27/2012 (bw). (Entered: 06/27/2012)
154 Filed: 4/4/2012, Entered: None
JUDGMENT That for the reasons stated in the Court's Memorandum Decision dated April 3, 2012, EBG's petition is denied and the government's motion to dismiss is granted. (Signed by Clerk of Court Ruby Krajick on 4/4/12) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 04/04/2012)
MEMORANDUM DECISION as to Bernard L. Madoff, Defendant; and Epstein, Becker & Green, P.C., Petitioner. In June 2007, petitioner Epstein, Becker & Green, P.C. ("EBG") began repersenting Ruth Madoff on a matter unrelated to Bernard Madoff's criminal case. on March 12, 2009, Bernard Madoff pled guilty to securities fraud and related crimes that began at least as early as the 1980s. In May 2009, EBG attained a settlement agreement on Ruth Madoff's behalf. The funds due to Ruth Madoff under the settlement, however, were forfeited to the government because the settlement was reached after Bernard Madoff's guilty plea. On March 14, 2011, pursuant to 21 U.S.C. Section 853(n), EBG petitioned for a criminal forfeiture hearing. EBG principally argues that it is entitled to legal fees totaling $24,790.86 from Ruth Madoff's forfeited settlement funds because: (1) it holds a superior interest in such funds under 21 U.S.C. Section 853(n)(6)(A); and (2) it is a bona fide purchaser for value under 21 U.S.C. Section 853(n)(6)(B). On April 29, 2011, the government moved to dismiss the petition....[See document]... CONCLUSION: EBG cannot prevail under 21 U.S.C. Section 853(n) because it cannot assert a legal interest in the forfeited property. Accordingly, EBG's petition is denied and the government's motion to dismiss is granted. The Clerk of the Court shall enter judgment accordingly. SO ORDERED. (Signed by Judge Denny Chin, U.S.C.J., Sitting by Designation, on 4/3/2012)(bw) (Entered: 04/04/2012)
FOURTH FINAL ORDER OF FORFEITURE (African Mask Sculpture) as to (09-Cr-213-01) Bernard L. Madoff....[See Order]... WHEREAS, in or about July 2009, the United States Marshals Service ("USMS") took possession of the New York City Co-op and all insured and readily salable personal property of the defendant and Ruth Madoff contained therein. The seized personal property included a sculpture of three African masks (the "Subject Property"), which is being held by the United States Marshals Service ("USMS") in its secure custody and control....[See Order]... IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. All right, title and interest in the Subject Property is hereby forfeited to the United States of America for disposition according to law. 2. The net proceeds from the sale of the Subject Property shall be applied to the Money Judgments imposed upon the defendant, in partial satisfaction thereof. 3. Nothing in this Order shall affect any property subject to the Preliminary Order of Forfeiture other than the Subject Property, or any petition asserting an interest in any such property. 4. The Court retains jurisdiction to take additional action, enter further orders, and amend this and any future orders as necessary to implement and enforce this Order. 5. The Clerk of the Court shall forward four certified copies of this Order to Assistant United States Attorney Barbara A. Ward, One St. Andrew's Plaza, New York, New York, 10007. (Signed by Judge Denny Chin, U.S.C.J., Sitting by Designation, on 2/24/2012); The Clerk of the Court has forwarded four certified copies of this Order to AUSA Barbara A. Ward by interoffice mail on 2/27/2012. (bw) (Entered: 02/27/2012)
MEMORANDUM DECISION granting 130 Motion to Dismiss as to Bernard L. Madoff (1) For the foregoing reasons, the government's motion to dismiss the Bairds' claim is granted and the Bairds' petition is dismissed. The government shall submit a proposed final order on notice forthwith. SO ORDERED. (Signed by Judge Denny Chin on 11/29/11) (jw) (Entered: 11/29/2011)
NOTICE of Re-Filing of Exhibit 4 to Application for Third Motion for Forfeiture of Property as to Bernard L. Madoff re: 147 THIRD MOTION for Forfeiture of Property Application for Third Final Order of Forfeiture.. (Attachments: # 1 Exhibit 4)(Ward, Barbara) (Entered: 10/12/2011)
THIRD FINAL ORDER OF FORFEITURE (Financial Institution Accounts) as to Bernard L. Madoff. For the reasons set forth in this Order, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. All right, title and interest in the Subject Property is hereby forfeited to the United States of America for disposition according to law. 2. The net proceeds from the sale of the Subject Property shall be applied to the Money Judgments imposed upon the defendant, in partial satisfaction thereof. 3. Nothing in this Order shall affect any property subject to the Preliminary Order of Forfeiture other than the Subject Property, or any petition asserting an interest in any such property. 4. The Court retains jurisdiction to take additional action, enter further orders, and amend this and any future orders as necessary to implement and enforce this Order. 5.The Clerk of the Court shall forward four certified copies of this Order to Assistant United States Attorney Barbara A. Ward, One St. Andrew's Plaza, New York, New York, 10007. (Signed by Judge Denny Chin on 9/29/2011)(dnd) (Entered: 09/29/2011)
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - THIRD MOTION for Forfeiture of Property Notice of Re-Filing of Exhibit 4 to Application. Document filed by USA as to Bernard L. Madoff. (Attachments: # 1 Exhibit 4 (proposed Third Final Order of Forfeiture))(Ward, Barbara) Modified on 9/29/2011 (ka). (Entered: 09/27/2011)
THIRD MOTION for Forfeiture of Property Application for Third Final Order of Forfeiture. Document filed by USA as to Bernard L. Madoff. (Attachments: # 1 Exhibit 1 (Doc 93), # 2 Exhibit 2 (Doc 124), # 3 Exhibit 3 (Doc 146), # 4 Exhibit 4 - Proposed Third Final Order of Forfeiture)(Ward, Barbara) (Entered: 09/27/2011)
SERVICE BY PUBLICATION as to Bernard L. Madoff. A Notice of Criminal Forfeiture was published in the www.forfeiture.gov on October 22, 2010 through November 20, 2010. Document filed by USA as to Bernard L. Madoff. (Ward, Barbara) (Entered: 09/16/2011)
REPLY MEMORANDUM OF LAW in Support by USA as to Bernard L. Madoff re: 138 MOTION to Dismiss Petition of Epstein, Becker & Green, P.C... (Schwartz, Matthew) (Entered: 07/01/2011)
Certificate of Service of 143 Declaration in Opposition to Motion, 142 Memorandum in Opposition to Motion by Epstein Becker & Green, P.C. as to Bernard L. Madoff. Document was served on United States Government on June 3, 2011. Service was accepted by Matthew L. Schwartz, A.U.S.A.. (Levy, Daniel) (Entered: 06/13/2011)
DECLARATION of Dainel R. Levy in Opposition by Epstein Becker & Green, P.C. as to Bernard L. Madoff re: 138 MOTION to Dismiss Petition of Epstein, Becker & Green, P.C... (Levy, Daniel) (Entered: 06/13/2011)
MEMORANDUM in Opposition by Epstein Becker & Green, P.C. as to Bernard L. Madoff re 138 MOTION to Dismiss Petition of Epstein, Becker & Green, P.C... (Levy, Daniel) (Entered: 06/13/2011)
ENDORSED LETTER as to Bernard L. Madoff, addressed to Judge Chin, from Daniel R. Levy, atty, dated 5/26/2011, re: on behalf of both parties, advising the Court that counsel have agreed to a revised briefing schedule regarding the Government's motion to dismiss the petition for attorney's fees filed by Epstein, Becker & Green, P.C. Claimant to respond on or before 6/3/2011. Government to reply on or before 7/1/2011. -- Judge endorsed: Approved. SO ORDERED. ( Response due by 6/3/2011. Reply due by 7/1/2011. ) (Signed by Judge Denny Chin on 5/26/2011)(ja) (Entered: 05/27/2011)
MEMORANDUM in Support by USA as to Bernard L. Madoff re 138 MOTION to Dismiss Petition of Epstein, Becker & Green, P.C... (Schwartz, Matthew) (Entered: 04/29/2011)
DECLARATION of Matthew L. Schwartz in Support by USA as to Bernard L. Madoff re: 138 MOTION to Dismiss Petition of Epstein, Becker & Green, P.C... (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 (Part 1), # 4 Exhibit 3 (Part 2), # 5 Exhibit 3 (Part 3), # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6)(Schwartz, Matthew) (Entered: 04/29/2011)
MOTION to Dismiss Petition of Epstein, Becker & Green, P.C.. Document filed by USA as to Bernard L. Madoff. (Schwartz, Matthew) (Entered: 04/29/2011)
Certificate of Service of 136 Reply to Response to Motion by USA as to Bernard L. Madoff. Document was served on ROBERT & RANDY BAIRD on 04/08/2011. Service was made by MAIL. (Ward, Barbara) (Entered: 04/08/2011)
REPLY TO RESPONSE to Motion by USA as to Bernard L. Madoff re 130 MOTION to Dismiss Petition of Robert A. Baird and Randy Morrison Baird.. (Ward, Barbara) (Entered: 04/08/2011)
ENDORSED LETTER as to Bernard L. Madoff addressed to Judge Denny Chin from Matthew L. Schwartz and Barbara A. Ward dated 3/29/11 re: Reschedule Briefing as to Bernard L. Madoff(Claimant Replies due by 5/27/2011., Government Responses due by 4/29/2011)...ENDORSEMENT...Approved in all requests. SO ORDERED. (Signed by Judge Denny Chin on 4/4/11)(jw) (Entered: 04/04/2011)
ORDER as to Bernard L. Madoff: All motions and matters in this case have been concluded. IT IS HEREBY ORDERED that the Clerk of the Court shall terminate the motions docketed as Documents #104, #105, #120, #122 and #126. (Signed by Judge Denny Chin on 3/23/2011) (ab) (Entered: 03/29/2011)
Third-Party Petition of Epstein Becker & Green, P.C. for hearing on Forfeiture Proceedings pursuant to 28 USC 853 as to Bernard L. Madoff. Respectfully prays the Court to set a Hearing and to allow and permit the petitioner to set forth testimony and evidence that the petitioner is the rightful owner of a portion of the Settlement Funds totaling $24,713.57, plus interest, for an amount totaling $24,790.86. (jw) (Additional attachment(s) added on 6/7/2011: # 1 Exhibit A, # 2 Exhibit B) (ama). (Entered: 03/23/2011)
Certificate of Service of 131 Memorandum in Support of Motion, 130 MOTION to Dismiss Petition of Robert A. Baird and Randy Morrison Baird. by USA as to Bernard L. Madoff. Document was served on Robert A. Baird & Randy Morrison Baird on 03/18/2011. Service was made by Email & Federal Express. (Ward, Barbara) (Entered: 03/19/2011)
MEMORANDUM in Support by USA as to Bernard L. Madoff re 130 MOTION to Dismiss Petition of Robert A. Baird and Randy Morrison Baird.. (Ward, Barbara) (Entered: 03/19/2011)
MOTION to Dismiss Petition of Robert A. Baird and Randy Morrison Baird. Document filed by USA as to Bernard L. Madoff. (Ward, Barbara) (Entered: 03/18/2011)
Petition for hearing to adjudicate validity of claim of Robert A. Baird and Randy Morrison Baird's interest in African Mask Sculpture. Document filed by Randy Morrison Baird, Robert A. Baird as to Bernard L. Madoff, dated February 7, 2011. (bw) (Entered: 02/17/2011)
ORDER as to Bernard L. Madoff. ORDERED, ADJUDGED and DECREED THAT: The Clerk of the Court of the United States District Court for the Southern District of New York (the "Clerk) is hereby directed to accept the transfer of approximately $61,993, plus interest, from the Cashier's Office of the Clerk of the Court, US District Court for the District of New Jersey, and to deposit the same in an interest-bearing account pending further Order of the Court in the above-captioned case. (Signed by Judge Denny Chin on 10/19/2010)(jw) (Entered: 10/19/2010)
SECOND ORDER OF FORFEITURE as to Bernard L. Madoff.... on June 29, 2009, the Court sentenced the dft to, inter alia, 150 years' imprisonment and criminal forfeiture in accordance with the terms of the Preliminary Order; WHEREAS, in the Preliminary Order, the Court imposed an aggregate money judgment upon the dft in the amount of $170.799 billion ($170 billion as to the First Forfeiture Allegation and $799 million as to the Second Forfeiture Allegation), and ordered the dft to forfeit all of his right, title and interest in any and all property...., including, but not limited to, all right, title and interest of the dft in the property listed in Exhibit A to the Preliminary Order (the "Specific Property")..... IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. all right, title and interest in the Subject Property is hereby forfeited to the U.S.A. for deposition according to law.... (Signed by Judge Denny Chin on 9/22/2010) The Clerks Office Has Mailed Copies. (ja) (Entered: 09/22/2010)
FIRST MOTION for Forfeiture of Property For a Second Final Order of Forfeiture. Document filed by USA as to Bernard L. Madoff. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Ward, Barbara) (Entered: 09/22/2010)
SERVICE BY PUBLICATION as to Bernard L. Madoff. A Notice of Criminal Forfeiture was published in the www.forfeiture.gov on January 23, 2010 through February 21, 2010. Document filed by USA as to Bernard L. Madoff. (Ward, Barbara) (Entered: 04/22/2010)
FINAL ORDER OF FORFEITURE (New York City Co-op) As to Bernard L. Madoff. For the reasons set forth in this Order, NOW, THEREFORE, on the application of Preet Bharara, United States Attorney for the Southern District of New York, Barbara A. Ward and Matthew L. Schwartz, Assistant United States Attorneys, of counsel, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. All right, title and interest in the Subject Property is hereby forfeited to the United States of America for disposition according to law. 2. The net proceeds from the sale of the Subject Property shall be applied to the Money Judgments imposed upon the defendant, in partial satisfaction thereof. 3. Nothing in this Order shall affect any property subject to the Preliminary Order of Forfeiture other than the Subject Property, or any petition asserting an interest in any such property. 4. The Court retains jurisdiction to take additional action, enter further orders, and amend this and any future orders as necessary to implement and enforce this Order. 5. The Clerk of the Court shall forward certified copies of this Order to Assistant United States Attorney Barbara A. Ward, One St. Andrew's Plaza, New York, New York, 10007. SO ORDERED. (Signed by Judge Denny Chin on 4/14/2010)(dnd) (Entered: 04/14/2010)
FIRST MOTION for Forfeiture of Property (New York City Co-op). Document filed by USA as to Bernard L. Madoff. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2-3)(Ward, Barbara) (Entered: 04/13/2010)
ORDER OF INTERLOCUTORY SALE (Personal Property from New York City Co-op and Montauk House) As to Bernard L. Madoff. For the reasons set forth in this ORDER, IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT: The USMS is authorized to sell the Subject Property in a commercially feasible manner and may, in its sole discretion, reject any offer to purchase the Subject Property where it is determined that the offer is being made by or on behalf of a person who was involved in, contributed to, participated in, benefitted from, or acted in a willfully blind manner toward the commission of the offenses that were the basis for the forfeiture. IT IS FURTHER ORDERED that the net proceeds from the sale will be held by the USMS in its Seized Assets Deposit Account pending entry of a final order of forfeiture and will serve as a substitute res for the Subject Property (the "Substitute Res") in the above captioned case and any other action that may be brought by the Office for forfeiture of the Subject Property, with all claims and defenses applicable to the Subject Property to apply to the Substitute Res. (Signed by Judge Denny Chin on 11/13/2009)(dnd) (Entered: 11/17/2009)
MOTION for Interlocutory Sale (Personal Property, NYC & Montauk). Document filed by USA as to Bernard L. Madoff. (Attachments: # 1 Exhibit Exhibit A)(Ward, Barbara) (Entered: 11/13/2009)
ORDER denying 110 Motion for Reconsideration as to Bernard L. Madoff (1) On September 24, 2009, I issued an order finding restitution impractical and permitting the Government to proceed with remission, which would allow victims to be paid through forfeiture. Subsequently/ attorney Helen Chaitman filed a motion for reconsideration on behalf of "a large group of victims." In her declaration she states that the victims do not oppose remission but seek restrictions on the administration of the forfeiture and remission process. The motion for reconsideration is denied, for in my September 24 2009 order, I merely held that the government could use remission in lieu of restitution... SO ORDERED. (Signed by Judge Denny Chin on 10/27/2009) (dnd) (Entered: 10/28/2009)
ORDER as to Bernard L. Madoff. On June 29, 2009, I sentenced defendant Bernard Madoff to a term of imprisonment of 150 years following his plea of guilty to eleven counts of securities fraud, investment advisor fraud, wire and mail fraud, money laundering, making false statements, perjury, filing false documents with the SEC, and theft from employee benefit funds. On September 8, 2009, Matthew Yeager filed a motion to examine the presentence report prepared by the Probation Department in this case for Madoff1s sentencing. Yeager is aresearcher who is writing an article on this case that he states "will likely be published in an academic journal related to criminology or criminal justice in North America." Yeager states that "to pursue his academic project, [he] needsinformation not only about how Madoff and associates manipulated the capital markets, but background information about the perpetrator himself." A presentence report is not a public record, but is a confidential court document designed and treated principally as an aid to the court in sentencing. Here, Madoff's presentence report contains sensitive/ private/ and confidential information. In his motion to examine Madoff's presentence report/ Yeager states that his academic article "will hopefully contribute to the debate ondeviance theory and market regulation policies." Yeager does not demonstrate a compelling need for disclosure, and the privacy interests of Madoff, his family, and victims substantially outweigh Yeager's aspirations to contribute to theacademic debate on deviance theory and market regulation. Accordingly, the motion is denied. SO ORDERED. (Signed by Judge Denny Chin on 10/13/09)(jw) (Entered: 10/14/2009)
ORDER OF INTERLOCUTORY SALE (Cohmad Account) as to Bernard L. Madoff....[see Order]... IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT: The USMS is authorized to liquidate the Subject Property in a commercially feasible manner and may, in its sole discretion, reject any offer to purchase the Subject Property where it determines that the offer is being made by, or on behalf of, a person involved in the criminal activity alleged as the basis for forfeiture. IT IS FURTHER ORDERED that the net proceeds from the sale will be held by the USMS in its Seized Asset Deposit Fund pending entry of a final order of forfeiture and will serve as a substitute res for the Subject Property (the "Substitute Res") in the above-captioned case and any other action that may be brought by the Office for forfeiture of the Subject Property, with all claims and defenses applicable to the Subject Property to apply to the Substitute Res. (Signed by Judge Denny Chin on 9/30/09)(bw) (Entered: 09/30/2009)
GOVERNMENT'S APPLICATION FOR ORDER OF INTERLOCUTORY SALE (Cohmad Account), filed by USA as to Bernard L. Madoff. (bw) (Entered: 09/30/2009)
ORDER OF INTERLOCUTORY SALE (Personal Property, New York City Co-op) as to Bernard L. Madoff....[see Order]... IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT: The USMS is authorized to sell the Subject Property in a commercially feasible manner and may, in its sole discretion, reject any offer to purchase the Subject Property where it determines that the offer is being made by, or on behalf of, a person involved in the criminal activity alleged as the basis for forfeiture. IT IS FURTHER ORDERED that the net proceeds from the sale will be held by the USMS in its Seized Asset Deposit Fund pending entry of a final order of forfeiture and will serve as a substitute res for the Subject Property (the "Substitute Res") in the above-captioned case and any other action that may be brought by the Office for forfeiture of the Subject Property, with all claims and defenses applicable to the Subject Property to apply to the Substitute Res. (Signed by Judge Denny Chin on 9/30/09)(bw) (Entered: 09/30/2009)
GOVERMENT'S APPLICATION FOR ORDER OF INTERLOCUTORY SALE (Personal Property, New York City Co-op), filed by by USA as to Bernard L. Madoff. (bw) (Entered: 09/30/2009)
Certificate of Service of 110 MOTION for Reconsideration re 106 Order,., 112 Declaration in Support of Motion, by Diane Peskin, Roger Peskin, Maureen Ebel as to Bernard L. Madoff. Document was served on David J. Sheehan, Esq. and Marc O. Litt, Esq.. (Chaitman, Helen) (Entered: 09/30/2009)
DECLARATION of Helen Davis Chaitman in Support by Diane Peskin, Roger Peskin, Maureen Ebel as to Bernard L. Madoff re: 110 MOTION for Reconsideration re 106 Order,.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Chaitman, Helen) (Entered: 09/30/2009)
MEMORANDUM in Support by Diane Peskin, Roger Peskin, Maureen Ebel as to Bernard L. Madoff re 110 MOTION for Reconsideration re 106 Order,.. Memorandum of Law in Support of Victims' Motion for Reconsideration (Attachments: # 1 Exhibit Exhibit A Part 1, # 2 Exhibit Exhibit A Part 2, # 3 Exhibit Exhibit A Part 3, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D, # 7 Exhibit Exhibit E, # 8 Exhibit Exhibit F, # 9 Exhibit Exhibit G, # 10 Exhibit Exhibit H, # 11 Exhibit Exhibit I)(Chaitman, Helen) (Entered: 09/30/2009)
MOTION for Reconsideration re 106 Order,. Document filed by Diane Peskin, Roger Peskin, Maureen Ebel as to Bernard L. Madoff. (Chaitman, Helen) (Entered: 09/30/2009)
NOTICE of Victim's Motion for Reconsideration as to Bernard L. Madoff re: 106 Order,. (Chaitman, Helen) (Entered: 09/29/2009)
MEMORANDUM by Lawrence R. Velvel as to Bernard L. Madoff. Objection of Lawrence R. Velvel, as Objector and/or as Amicus Curiae, (1) to the Government's Motion for a Ruling that Would Trigger the Processes of Forfeiture and Remission, and (2) to the Grant of the Motion on September 24, 2009 Before Any Objectors to the Motion Had an Opportunity to be Heard, and Request that this Court Withdraw its Grant of the Motion and Establish a Schedule for Briefing and Argument on Objections to the Motion. (ja) (Entered: 09/29/2009)
SERVICE BY PUBLICATION as to Bernard L. Madoff. A Declaration of Publication was published in the www.forfeiture.gov on August 20, 2009 through September 18, 2009. Document filed by USA as to Bernard L. Madoff. (Ward, Barbara) (Entered: 09/24/2009)
ORDER as to Bernard L. Madoff. It is hereby ORDERED 1. The Government's motion for a finding that restitution is impracticable is granted; and 2. The Government may proceed through the process of remission asauthorized under the forfeiture statutes. 21 U.S.C. § 853(i); 28 C.F.R. Part 9. (Signed by Judge Denny Chin on 9/24/09)(jw) (Entered: 09/24/2009)
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION Pursuant to 18 USC 3663A(c)(3)(MEMORANDUM IN SUPPORT OF MOTION). Document filed by USA as to Bernard L. Madoff. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Baroni, Lisa) Modified on 9/23/2009 (KA). (Entered: 09/22/2009)
MOTION to examine Presentence Report. Document filed by Matthew G. Yeager, Ph.D. as to Bernard L. Madoff. (ja) (Entered: 09/10/2009)
TRANSCRIPT of Proceedings as to Bernard L. Madoff held on June 29, 2009 at 10:00 am before Judge Denny Chin. (eef) (Entered: 07/21/2009)
ENDORSED LETTER as to Bernard L. Madoff, addressed to Judge Chin, from Peter Chavkin, atty for dft, dated 7/6/09, re: request that Your Honor authorize Pretrial Services to return Ruth Madoff's passport. AUSA does not objerct. -- Judge endorsed: SO ORDERED. (Signed by Judge Denny Chin on 7/6/09)(ja) (Entered: 07/07/2009)
ORDER: At the sentencing in this case today, Ivy Silberstein apparently recorded the proceedings with a recording device, in contravention of the Court's rules, as outlined in the Court's press release issued on June 23, 2009. The Court has been advised that the Federal Protective Service (the "FPS") seized the recording device and that Ms. Silberstein was issued a summons. It is HEREBY ORDERED that the FPS may return the recording device to Ms. Silberstein but only on the condition that the recording be deleted from the device before it is returned to her. The FPS shall make a copy of the recording before the recording is deleted from Ms. Silberstein's device,and the FPS shall retain the recording in the event Ms. Silberstein wishes to assert any rights thereto, in which case further proceedings will be required. SO ORDERED. (Signed by Judge Denny Chin on 6/29/2009)(dnd) Modified on 6/29/2009 (rw). (Entered: 06/29/2009)
JUDGMENT: As to Bernard L. Madoff (1), The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: 1,800 Months: Count(s) 1, 10, 3, 4, 5, 6, Imprisonment: 240 Months; Supervised Release: 3 Years; Count(s) 11, 2, 8, 9, Imprisonment: 60 Months; Supervised Release: 3 Years; Count(s) 7, Imprisonment: 120 Months. All counts are to run consecutively. Supervised Release: 3 Years. The court makes the following recommendations to the Bureau of Prisons. The defendant be designated to a facility in the North East region. The defendant is remanded to the custody of the United States Marshal. The drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. The defendant shall cooperate in the collection of DNA as directed by the probation officer. The defendant is to adhere to the Special Conditions of Supervision as indicated on page 5 of this document. The defendant is to pay an assessment fee of $1,100.00 as a lump sum payment due immediately. The determination of restitution is deferred until 9/28/2009 per order dated June 24, 2009 (doc. #86). An Amended Judgment in a Criminal Case (A0245C) will be after such determination. The defendant shall forfeit the defendant's interest in the following property to the United States: see forfeiture order dated June 26, 2009 (document # 99). (Signed by Judge Denny Chin on 6/29/2009)(dnd) (Entered: 06/29/2009)
99 Filed: 6/29/2009, Entered: None
PRELIMINARY ORDER OF FORFEITURE (FINAL AS TO THE DEFENDANT) as to Bernard L. Madoff....[see Order]... NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. Pursuant to 18 U.S.C. Section 981(a)(1)(C) and 28 U.S.C. Section 2461, and Rule 32.2(b)(1) of the Federal Rules of Criminal Procedure, and based on the foregoing, the Court finds by a preponderance of the evidence that the defendant BERNARD L. MADOFF is liable for a personal money judgment in the amount of $170,000,000,000, a sum of money representing the amount of proceeds obtained as a result of the SUA Offenses charged in Counts One, Three, Four, and Eleven of the Information. 2. Pursuant to 18 U.S.C. Section 981(a)(1)(A) and Rule 32.2(b)(1) of the Federal Rules of Criminal Procedure, and based on the foregoing, the Court finds by a preponderance of the evidence that the defendant BERNARD L. MADOFF is further liable for a personal money judgment in the amount of $799,000,000, as a sumt of money representing the property involved in the Money Laundering Offenses charged in Counts Five through Seven of the Information. 3. Pursuant to 18 U.S.C. Section 981(a)(1)(A) and (a)(1)(C) and 28 U.S.C. Section 2461, and Rule 32.2(b)(1) of the Federal Rules of Criminal Procedure, and based on the foregoing, except as provided in paragraph 5 below, any and all property and other interests belonging to, owed to or controlled in whole or in part by the defendant, and all property traceable to such property, including, but not limited to, the Specific Property, has the requisite nexus to the SUA Offenses charged in Count One, Three, Four, and Eleven of the Information and/or the Money Laundering Offenses charged in Counts Five through Seven of the Information, and is therefore forfeitable and is hereby forfeited to the United States of America as property constituting or derived from proceeds traceable to the commission of the SUA Offenses charged in Counts One, Three, Four, and Eleven of the Information, and/or as property involved in the Money Laundering Offenses charged in Counts Five through Seven of the Information....[see Order]... 15. In executing upon this order of forfeiture, the Government may use all remedies available to it pursuant to 21 U.S.C. Section 853 and 18 U.S.C. Section 982 and any other applicable federal law. If no such federal law exists, the Government may use all remedies available to it pursuant to the laws of New York State. 16. The Court retains jurisdiction to take additional action, enter further orders, and amend this and any future orders as necessary to implement and enforce this Order. 17. The Clerk of the Court shall forward four certified copies of this order to AUSA Barbara A. Ward, One St. Andrews Plaza, New York, New York, 10007. (Signed by Judge Denny Chin on 6/26/09); The Clerk of the Court has forwarded four certified copies of this order to AUSA Barbara A. Ward by inter-office mail on 6/29/09. (bw) (Entered: 06/29/2009)
STIPULATION AND ORDER as to Bernard L. Madoff....[see Order]... THEREFORE, THE OFFICE AND RUTH MADOFF HEREBY STIPULATE AND AGREE as follows: 1. Subject to the provisions of paragraph 2 and 3 below, RUTH MADOFF withdraws and relinquishes any claim under the U.S. asset forfeiture laws that she has or may have, on any legal, factual or other basis, in any manner or forum, to the property subject to forfeiture under the Preliminary Order of Forfeiture entered against the defendant, any and all property and other interests belonging to, owed to or controlled in whole or in part by the defendant, and all property traceable to such property, including, but not limited to, all right, title and interest in the Specific Property and agrees that she will not object to the entry of the proposed Preliminary Order of Forfeiture or otherwise contest the administrative or judicial forfeiture of such property under the U.S. forfeiture laws or assist a third party in doing so. 2. Nowithstanding the above, to facilitate the recovery and liquidation of assets located abroad that are subject to forfeiture under the Preliminary Order of Forfeiture, RUTH MADOFF, for the purpose of complying with Court orders directing the interlocutory sale of the French Assets, for the further purpose of maximizing recovery for victims, and in order to repatriate the net proceeds of the sale to the United States, shall retain all right, title and interest in the assets identified in item numbers 5, 6, and 14 of Exhibit A (the "French Assets"). 3. In compromise of claims RUTH MADOFF would have pursued, the Office will not contest RUTH MADOFF's claim to a sum of money equal to $2,500,000 (the "Funds"), which sum the Office shall cause to be tendered to RUTH MADOFF promptly after she vacates the real property and surrenders all personal property listed in Exhibit A hereto as provided in paragraph 4 below. RUTH MADOFF understands and agrees that this Stipulation and Order binds only the Office and does not in any way preclude any other department or agency of the United States or any other person or entity, including, but not limited to, the United States Securities and Exchange Commissions, Irving H. Picard, Esq. as trustee for the liquidation of the business of defendant Bernard L. Madoff Investment Securities LLC, the Securities Investor Protection Corporation, or Alan Nisselson, Esq. as trustee for the personal assets of BERNARD L. MADOFF and RUTH MADOFF from seeking to recover the Funds from RUTH MADOFF....[see Order]... 12. The undersigned United States signatory represents that she is signing this Stipulation and Order in her official capacity and that she is authorized to execute this Stipulation and Order. 13. RUTH MADOFF represents that she has been represented in connection with the matters contained in this Stipulation and Order by counsel of her choice who is independent of BERNARD L. MADOFF and his counsel, that she is satisfied with the representation she has received and that she is entering into this Stipulation and Order of her own free will. 14 RUTH MADOFF and her undersigned counsel acknowledge that they have fully discussed and understand every paragraph and clause in this Stipulation and Order and the consequences thereof. 15. This Stipulation and Order may be executed in counterparts, each of which will be deemed an original, and all of which, when taken together, will be deemed the complete Agreement. 16. The Court will have exclusive juridiction over the interpretation and enforcement of this Stipulation and Order. 17. This Stipulation and Order constitutes the complete agreement between the Parties and may not be amended except by written consent of the Parties. SO ORDERED. (Signed by Judge Denny Chin on 6/26/09)(bw) (Entered: 06/29/2009)
Letter addressed to Judge Chin from Mr. David J. Sheehan of Baker & Hostetler LLP, dated June 25, 2009 re: Baker Hostetler serves as counsel to Irving H. Picard (the "Trustee"), the Trustee for the substantively consolidated liquidation proceeding of Bernard L. Madoff Investment Securities LLC ("BLMIS") and Bernard L. Madoff, individually, which is pending in the U.S. Bankruptcy Court for the S.D.N.Y., Adv. Proc. No. 08-1789(BRL). On June 22, 2009, Ira Lee Sorkin, counsel to Bernard L. Madoff, wrote the Court regarding Mr. Madoff's impending sentencing. In the letter, Mr. Sorkin claimed that Mr. Madoff indicated a desire to cooperate with, among others, the Trustee by "supplying information, reviewing records, transferring assets, and providing assistance." I write to advise the Court that, in fact, Mr. Madoff has not provided any meaningful cooperation or assistance to the Trustee since his arrest. (bw) (Entered: 06/29/2009)
SENTENCING MEMORANDUM by Bernard L. Madoff. (De Bello, Nicole) (Entered: 06/28/2009)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (Stipulation and Order (signed by Judge)) - MOTION for Forfeiture of Property Stipulation and Order, Ruth Madoff, Interested Party. Document filed by USA as to Bernard L. Madoff. (Litt, Marc) Modified on 6/29/2009 (jar). (Entered: 06/26/2009)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (Order of Forfiture (signed by Judge)) - MOTION for Forfeiture of Property Preliminary Order of Forfeiture. Document filed by USA as to Bernard L. Madoff. (Litt, Marc) Modified on 6/29/2009 (jar). (Entered: 06/26/2009)
SENTENCING MEMORANDUM by USA as to Bernard L. Madoff. (Litt, Marc) (Entered: 06/26/2009)
STIPULATION AND ORDER OF INTERLOCUTORY SALE (U.S. Vehicles/Vessels) as to Bernard L. Madoff. For the reasons set forth in this STIPULATION AND ORDER OF INTERLOCUTORY SALE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the United States of America, by and through its attorney, Lev L. Dassin, Acting United States Attorney for the Southern District of New York, Barbara A. Ward and Sharon E. Frase, Assistant United States Attorneys, of counsel; BERNARD L. MADOFF, the defendant, by and through his attorneys, Dickstein Shapiro LLP, Ira Sorkin, Esq. and Mauro Wolfe, Esq., of counsel, and Ruth Madoff, by and through her attorneys, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Peter Chavkin and Bridget M. Rohde, Esq., of counsel, as follows: 1. The Subject Property will be sold by the USMS in a commercially feasible manner. Pending a sale of the Subject property, the USMS shall maintain existing insurance policies and, to the best of its ability, renew any other insurance policies, that the USMS, in its sole discretion, determines to be necessary to preserve the value of the Subject Property. To facilitate the expeditious disposition of the personal property, the USMS shall, in its sole discretion, solicit from among a limited number of vendors services needed to assist in the disposal of the personal property. 2. The USMS may, in its sole discretion, reject any offer to purchase the Subject Property where it determines that the offer is being made by, or on behalf of, a person involved in the criminal activity alleged as the basis for forfeiture. 3. The net cash/check proceeds of the sale of the Subject Property (the "Net Sale Proceeds") shall consist of the sale price, less amounts expended to pay any outstanding property taxes, valid prior liens, real estate commissions, insurance costs, escrow fees, document recording fees not paid by the buyer, title fees, country transfer fees, and expenses incurred by the USMS, its agent, or its designee in connection with its custody and sale of the Subject Property. 4. The Net Sale Proceeds shall be paid to the "United States Marshals Service" and held by the USMS in its Seized Asset Fund. The Net Sale Proceeds shall serve as a substitute res for the Subject Property ("Substitute Res") in this action and any other action brought by the Office for forfeiture of the Subject Property. 5. Upon the disposition of any petitions filed pursuant to 21 U.S.C. § 853, the Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853 (n) and 18 U.S.C. § 982(b) (1), in which all interests will be addressed. 6. MADOFF and Ruth Madoff agree to take all necessary steps to effect the interlocutory sale of the Subject Property, including the execution of documents necessary to convey clear title to the property. 7. MADOFF and Ruth Madoff agree to notify the Office promptly if they learn of any condition that might affect the sale of the Subject Property, and to join in any motion by the United States to effect the sale of the Subject Property. 8. MADOFF and Ruth Madoff, and each of them, are hereby barred from asserting any claim against the United States or any of its agents and employees, including the Federal Bureau of Investigation, the USMS, and the Office, in connection with, or arising out of, the United States' seizure, custody and interlocutory sale of the Subject Property. 9. Any rental or other income generated by the Subject Property which would otherwise be due to the owner will be turned over directly to the USMS, which will hold such proceeds in its custody and control pending entry of a FinalOrder of Forfeiture. 10. The undersigned individuals represent and warrant that they are authorized to execute this Stipulation. The undersigned United States signatories represent that they are signing this Stipulation in their official capacities and that they are authorized to execute this Stipulation. 11. The undersigned individuals further represent that each of them has obtained all consents, approvals or other act of any kind required to be obtained or done in order to enable it lawfully to enter into this Stipulation. 12. The signature pages of this Stipulation may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. 13. This Order constitutes the complete agreement between the Office, MADOFF and Ruth Madoff with respect to the Subject Property and may not be amended except by written consent of the same. 14. The Court retains jurisdiction in this matter to take additional action and enter further orders as necessary to implement and enforce this Stipulation and Order. 15. The Clerk of the Court shall forward four certified copies of this Order to the United States Marshals Service, Southern District of New York; and to Assistant U.S. Attorney Barbara A. Ward, One St. Andrews Plaza, New York, New York, 10007. Having reviewed the foregoing Stipulation of Interlocutory Sale, and good cause appearing, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: The Stipulation is So Ordered. (Signed by Judge Denny Chin on 6/26/2009)(dnd) (Entered: 06/26/2009)
STIPULATION AND ORDER OF INTERLOCUTORY SALE (Palm Beach Home) as to Bernard L. Madoff. For the reasons set forth in this STIPULATION AND ORDER OF INTERLOCUTORY SALE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the United States of America, by and through its attorney, Lev L. Dassin, Acting United States Attorney for the Southern District of New York, Barbara A. Ward and Sharon E. Frase, Assistant United States Attorneys, of counsel; BERNARD L. MADOFF, the defendant, by and through his attorneys, Dickstein Shapiro LLP, Ira Sorkin, Esq. and Mauro Wolfe, Esq., of counsel, and Ruth Madoff, by and through her attorneys, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Peter Chavkin and Bridget M. Rohde, Esq., of counsel, as follows: 1. The Subject Property will be sold by the USMS in a commercially feasible manner. Pending a sale of the Subject property, the USMS shall maintain existing insurance policies and, to the best of its ability, renew any other insurance policies, that the USMS, in its sole discretion, determines to be necessary to preserve the value of the Subject Property. To facilitate the expeditious disposition of the personal property, the USMS shall, in its sole discretion, solicit from among a limited number of vendors services needed to assist in the disposal of the personal property. 2. The USMS may, in its sole discretion, reject any offer to purchase the Subject Property where it determines that the offer is being made by, or on behalf of, a person involved in the criminal activity alleged as the basis for forfeiture. 3. The net cash/check proceeds of the sale of theSubject Property (the "Net Sale Proceeds") shall consist of the sale price, less amounts expended to pay any outstanding property taxes, valid prior liens, real estate commissions, insurance costs, escrow fees, document recording fees not paid by the buyer, title fees, country transfer fees, and expenses incurred by the USMS, its agent, or its designee in connection with its custody and sale of the Subject Property. 4. The Net Sale Proceeds shall be paid to the "United States Marshals Service" and held by the USMS in its Seized Asset Fund. The Net Sale Proceeds shall serve as a substitute res for the Subject Property ("Substitute Res") in this action and any other action brought by the Office for forfeiture of the Subject Property. 5. Upon the disposition of any petitions filed pursuant to 21 U.S.C. § 853, the Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853 (n) and 18 U.S.C. § 982(b) (1), in which all interests will be addressed. 6. MADOFF and Ruth Madoff agree to take all necessary steps to effect the interlocutory sale of the Subject Property, including the execution of documents necessary to convey clear title to the property. 7. MADOFF and Ruth Madoff agree to notify the Office promptly if they learn of any condition that might affect the sale of the Subject Property, and to join in any motion by the United States to effect the sale of the Subject Property. 8. MADOFF and Ruth Madoff, and each of them, are hereby barred from asserting any claim against the United States or any of its agents and employees, including the Federal Bureau of Investigation, the USMS, and the Office, in connection with, or arising out of, the United States' seizure, custody and interlocutory sale of the Subject Property. 9. Any rental or other income generated by the Subject Property which would otherwise be due to the owner will be turned over directly to the USMS, which will hold such proceeds in its custody and control pending entry of a FinalOrder of Forfeiture. 10. The undersigned individuals represent and warrant that they are authorized to execute this Stipulation. The undersigned United States signatories represent that they are signing this Stipulation in their official capacities and that they are authorized to execute this Stipulation. 11. The undersigned individuals further represent that each of them has obtained all consents, approvals or other act of any kind required to be obtained or done in order to enable it lawfully to enter into this Stipulation. 12. The signature pages of this Stipulation may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. 13. This Order constitutes the complete agreement between the Office, MADOFF and Ruth Madoff with respect to the Subject Property and may not be amended except by written consent of the same. 14. The Court retains jurisdiction in this matter to take additional action and enter further orders as necessary to implement and enforce this Stipulation and Order. 15. The Clerk of the Court shall forward four certified copies of this Order to the United States Marshals Service, Southern District of New York; and to Assistant U.S.Attorney Barbara A. Ward, One St. Andrews Plaza, New York, New York, 10007. Having reviewed the foregoing Stipulation of Interlocutory Sale, and good cause appearing, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: The Stipulation is So Ordered. (Signed by Judge Denny Chin on 6/26/2009)(dnd) (Entered: 06/26/2009)
STIPULATION AND ORDER OF INTERLOCUTORY SALE (New York City Co-op) as to Bernard L. Madoff. For the reasons set forth in this STIPULATION AND ORDER OF INTERLOCUTORY SALE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the United States of America, by and through its attorney, Lev L. Dassin, Acting United States Attorney for the Southern District of New York, Barbara A. Ward and Sharon E. Frase, Assistant United States Attorneys, of counsel; BERNARD L. MADOFF, the defendant, by and through his attorneys, Dickstein Shapiro LLP, Ira Sorkin, Esq. and Mauro Wolfe, Esq., of counsel, and Ruth Madoff, by and through her attorneys, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Peter Chavkin and Bridget M. Rohde, Esq., of counsel, as follows: 1. The Subject Property will be sold by the USMS in a commercially feasible manner. Pending a sale of the Subject property, the USMS shall maintain existing insurance policies and, to the best of its ability, renew any other insurance policies, that the USMS, in its sole discretion, determines to be necessary to preserve the value of the Subject Property. To facilitate the expeditious disposition of the personal property, the USMS shall, in its sole discretion, solicit from among a limited number of vendors services needed to assist in the disposal of the personal property. 2. The USMS may, in its sole discretion, reject any offer to purchase the Subject Property where it determines that the offer is being made by, or on behalf of, a person involved in the criminal activity alleged as the basis for forfeiture. 3. The net cash/check proceeds of the sale of the Subject Property (the "Net Sale Proceeds") shall consist of the sale price, less amounts expended to pay any outstanding property taxes, valid prior liens, real estate commissions, insurance costs, escrow fees, document recording fees not paid by the buyer, title fees, country transfer fees, and expenses incurred by the USMS, its agent, or its designee in connection with its custody and sale of the Subject Property. 4. The Net Sale Proceeds shall be paid to the "United States Marshals Service" and held by the USMS in its Seized Asset Fund. The Net Sale Proceeds shall serve as a substitute res for the Subject Property ("Substitute Res") in this action and any other action brought by the Office for forfeiture of the Subject Property. 5. Upon the disposition of any petitions filed pursuant to 21 U.S.C. § 853, the Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853 (n) and 18 U.S.C. § 982(b) (1), in which all interests will be addressed. 6. MADOFF and Ruth Madoff agree to take all necessary steps to effect the interlocutory sale of the Subject Property, including the execution of documents necessary to convey clear title to the property. 7. MADOFF and Ruth Madoff agree to notify the Office promptly if they learn of any condition that might affect the sale of the Subject Property, and to join in any motion by the United States to effect the sale of the Subject Property. 8. MADOFF and Ruth Madoff, and each of them, are hereby barred from asserting any claim against the United States or any of its agents and employees, including the Federal Bureau of Investigation, the USMS, and the Office, in connection with, or arising out of, the United States' seizure, custody and interlocutory sale of the Subject Property. 9. Any rental or other income generated by the Subject Property which would otherwise be due to the owner will be turned over directly to the USMS, which will hold such proceeds in its custody and control pending entry of a FinalOrder of Forfeiture. 10. The undersigned individuals represent and warrant that they are authorized to execute this Stipulation. The undersigned United States signatories represent that they are signing this Stipulation in their official capacities and that they are authorized to execute this Stipulation. 11. The undersigned individuals further represent that each of them has obtained all consents, approvals or other act of any kind required to be obtained or done in order to enable it lawfully to enter into this Stipulation. 12. The signature pages of this Stipulation may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. 13. This Order constitutes the complete agreement between the Office, MADOFF and Ruth Madoff with respect to the Subject Property and may not be amended except by written consent of the same. 14. The Court retains jurisdiction in this matter to take additional action and enter further orders as necessary to implement and enforce this Stipulation and Order. 15. The Clerk of the Court shall forward four certified copies of this Order to the United States Marshals Service, Southern District of New York; and to Assistant U.S. Attorney Barbara A. Ward, One St. Andrews Plaza, New York, New York, 10007. Having reviewed the foregoing Stipulation of Interlocutory Sale, and good cause appearing, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: The Stipulation is So Ordered. (Signed by Judge Denny Chin on 6/26/2009)(dnd) (Entered: 06/26/2009)
STIPULATION AND ORDER OF INTERLOCUTORY SALE (Montauk Home), as to Bernard L. Madoff. For the reasons set forth in this STIPULATION AND ORDER OF INTERLOCUTORY SALE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the United States of America, by and through its attorney, Lev L. Dassin, Acting United States Attorney for the Southern District of New York, Barbara A. Ward and Sharon E. Frase, Assistant United States Attorneys, of counsel; BERNARD L. MADOFF, the defendant, by and through his attorneys, Dickstein Shapiro LLP, Ira Sorkin, Esq. and Mauro Wolfe, Esq., of counsel, and Ruth Madoff, by and through her attorneys, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Peter Chavkin and Bridget M. Rohde, Esq., of counsel, as follows: 1. The Subject Property will be sold by the USMS in a commercially feasible manner. Pending a sale of the Subject property, the USMS shall maintain existing insurance policies and, to the best of its ability, renew any other insurance policies, that the USMS, in its sole discretion, determines to be necessary to preserve the value of the Subject Property. To facilitate the expeditious disposition of the personal property, the USMS shall, in its sole discretion, solicit from among a limited number of vendors services needed to assist in the disposal of the personal property. 2. The USMS may, in its sole discretion, reject any offer to purchase the Subject Property where it determines that the offer is being made by, or on behalf of, a person involved in the criminal activity alleged as the basis for forfeiture. 3. The net cash/check proceeds of the sale of theSubject Property (the "Net Sale Proceeds") shall consist of the sale price, less amounts expended to pay any outstanding property taxes, valid prior liens, real estate commissions, insurance costs, escrow fees, document recording fees not paid by the buyer, title fees, country transfer fees, and expenses incurred by the USMS, its agent, or its designee in connection with its custody and sale of the Subject Property. 4. The Net Sale Proceeds shall be paid to the "United States Marshals Service" and held by the USMS in its Seized Asset Fund. The Net Sale Proceeds shall serve as a substitute res for the Subject Property ("Substitute Res") in this action and any other action brought by the Office for forfeiture of the Subject Property. 5. Upon the disposition of any petitions filed pursuant to 21 U.S.C. § 853, the Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853 (n) and 18 U.S.C. § 982(b) (1), in which all interests will be addressed. 6. MADOFF and Ruth Madoff agree to take all necessary steps to effect the interlocutory sale of the Subject Property, including the execution of documents necessary to convey clear title to the property. 7. MADOFF and Ruth Madoff agree to notify the Office promptly if they learn of any condition that might affect the sale of the Subject Property, and to join in any motion by the United States to effect the sale of the Subject Property. 8. MADOFF and Ruth Madoff, and each of them, are hereby barred from asserting any claim against the United States or any of its agents and employees, including the Federal Bureau of Investigation, the USMS, and the Office, in connection with, or arising out of, the United States' seizure, custody and interlocutory sale of the Subject Property. 9. Any rental or other income generated by the Subject Property which would otherwise be due to the owner will be turned over directly to the USMS, which will hold such proceeds in its custody and control pending entry of a Final Order of Forfeiture. 10. The undersigned individuals represent and warrant that they are authorized to execute this Stipulation. The undersigned United States signatories represent that they are signing this Stipulation in their official capacities and that they are authorized to execute this Stipulation. 11. The undersigned individuals further represent that each of them has obtained all consents, approvals or other act of any kind required to be obtained or done in order to enable it lawfully to enter into this Stipulation. 12. The signature pages of this Stipulation may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. 13. This Order constitutes the complete agreement between the Office, MADOFF and Ruth Madoff with respect to the Subject Property and may not be amended except by written consent of the same. 14. The Court retains jurisdiction in this matter to take additional action and enter further orders as necessary to implement and enforce this Stipulation and Order. 15. The Clerk of the Court shall forward four certified copies of this Order to the United States Marshals Service, Southern District of New York; and to Assistant U.S. Attorney Barbara A. Ward, One St. Andrews Plaza, New York, New York, 10007. Having reviewed the foregoing Stipulation of Interlocutory Sale, and good cause appearing, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: The Stipulation is So Ordered. (Signed by Judge Denny Chin on 6/26/2009)(dnd) (Entered: 06/26/2009)
ORDER: As to Bernard L. Madoff. IT IS HEREBY ORDERED: That Defendant Bernard L. Madoff (inmate # 61727-054) is permitted to receive clothing at the Metropolitan Correctional Center, 150 Park Row, New York, NY, to be worn by theDefendant at sentencing on Monday, June 29, 2009. SO ORDERED. (Signed by Judge Denny Chin on 6/24/2009)(dnd) (Entered: 06/24/2009)
ORDER as to Bernard L. Madoff. The sentencing of defendant Bernard L. Madoff is set for June 29, 2009. The sentencing will proceed as scheduled. An issue has arisen, however, as to the determination of restitution. In cases where identifiable victims have suffered a pecuniary loss, the Court usually must order the defendant to make restitution to the victims. 18 U.S.C. § 3663A(a) (1), (c)Exceptions exist where the "number of identifiable victims is so large as to make restitution impracticable" or the determination of restitution would unduly delay or prolong the sentencing process. 18 U.S.C. § 3663A(c) (3). In these circumstances, the Court may decline to order restitution and instead it may order victim compensation through a "remission" process under the forfeiture statutes and related regulations. See 21 U.S.C. § 853 (i) i 28 C. F. R. Part 9. Pursuant to 18 U.S.C. § 3664(d)(5), the Government moves for an order deferring for 90 days from the date of sentencing (1) the determination whether statutory restitution is practicable and, if so, (2) the calculation of victims' losses. Madoff does not oppose the motion. I find that the number of victims, the difficulties posed by the lack of proper record-keeping, and the scope, complexity, and duration of the fraud make it impossible, at this stage, to determine whether restitution is practicable. Accordingly, the Government's motion is granted, and the date for determining whether restitution is practicable and, if so, setting a restitution schedule is deferred for 90 days from the date of sentencing. SO ORDERED. (Signed by Judge Denny Chin on 6/24/09)(jw) (Entered: 06/24/2009)
ENDORSED LETTER as to Bernard L. Madoff addressed to Judge Chin from AUSAs Lisa A. Baroni/Marc Litt dated 6/23/09 re: Enclosed is the correspondence that was submitted to the U.S. Attorney's Office in connection with the March 12, 2009 plea proceeding in the above-referenced case. ENDORSEMENT: The Clerk of the Court should accept this letter and the attachments for docketing. The Court has deleted certain non-substantive emails, duplicates, and the "documentation" referred to above from Exhibit C. So Ordered. (Signed by Judge Denny Chin on 6/23/09)(bw) (Entered: 06/23/2009)
Letter by Bernard L. Madoff addressed to Judge Chin from Attorney Ira Lee Sorkin dated June 22, 2009 re: submitted this letter to assist the Court in determining an appropriate sentence following Mr. Madoff's guilty plea to the eleven counts charged in the Information. For the reasons set forth below, we respectfully submit that an appropriate sentence in this case would be a period of incarceration below the life sentence called for by the advisory Sentencing Guidelines and substantially below the 150 year statutory maximum. (bw) (Entered: 06/23/2009)
FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - MOTION For an Order Pursuant to Title 18, United States Code, Section 3664(d)(5)(MEMORANDUM IN SUPPORT OF MOTION). Document filed by USA as to Bernard L. Madoff. (Baroni, Lisa) Modified on 6/25/2009 (KA). (Entered: 06/19/2009)
Letter by USA as to (Case no. 08-Mag-2735) Bernard L. Madoff addressed to Judge Lawrence M. McKenna from AUSAs Marc Litt/Lisa A. Baroni dated March 6, 2009 re: The Office of the U.S. Attorney writes in connection with the January 16, 2009 bail order entered by Your Honor in connection with the above-captioned criminal complaint filed on December 11, 2008, against the defendant, Bernard Madoff. [*** NOTE: Judge Chin's Chambers confirmed that this is to be docketed. ***] (bw) (Entered: 06/19/2009)
ENDORSED LETTER as to Bernard L. Madoff, addressed to Judge Chin, from Wendy Olsen Clancy, Victim Witness Coordinator, dated 6/17/09, re: requests to include the enclosed additional victim impact statements and requests to speak at sentencing.... -- Judge endorsed: The Clerk of the Court shall accept this letter and the attachments for filing. The additional submissions will all be read and considered by the Court. SO ORDERED. [[Letters attached.] (Signed by Judge Denny Chin on 6/18/09)(ja) (Entered: 06/18/2009)
MEMORANDUM DECISION: As to Bernard L. Madoff. In this case, defendant Bernard L. Madoff has been charged in an eleven-count information with securities fraud and other crimes. On March 12, 2009, he pled guilty to all eleven counts.Prior to the guilty plea, numerous victims submitted emails to the United States Attorney's Office, some describing the impact Madoff's crimes had on their lives and others asking for an opportunity to be heard at the plea proceedings. With the permission of the Court, the Government filed the emails under seal. Certain other documents in the case have also been filed under seal. ABC, Inc., NBC Universal, Inc., and Fox News Network, LLC (collectively, the "Media") request that the emails be unsealed and that the Court make specific findings with respect to the other sealed documents. The Government argues that the majority of the victims' emails (156 out of a total of 188) should be redacted as to the victims' personal identifying information. With respect to the other documents, the Government argues that they should remain sealed for now, except for one letter that the Government consents to releasing in redacted form...... For the reasons stated above, the continued sealing of the information in this case -- incorporating the revisions ordered by this opinion -- is consistent with both the common law and First Amendment right of access to judicial documents. The Government shall provide the Court with the victims' emails -- in both redacted and unredacted form as ordered by this opinion -- and the Court will make them part of the public docket of this case. The March 6, 2009 letter, in redacted form, shall be made part of the public record as well. The Government has indicated that it may consent to the unsealing of some of the other sealed documents. The Government is hereby ordered to notify the Court of the status of the sealed documents by July 1, 2009. SO ORDERED. (Signed by Judge Denny Chin on 6/17/2009)(dnd) (Entered: 06/17/2009)
ENDORSED LETTER as to Bernard L. Madoff addressed to Judge Chin from Wendy Olsen Clancy dated 6/12/09 re: Please find enclosed 113 Victim Impact Statements for the above-referenced case scheduled for sentencing on June 29, 2009. The statements are attached as Exhibit A. Eight of these are from victims who wish to speak at sentencing. These are attached as Exhibit B....ENDORSEMENT...The Clerk of the Court still accept this letter and the attachments for filing. SO ORDERED. (Signed by Judge Denny Chin on 6/15/09)(jw) (Entered: 06/15/2009)
ORDER: As to Bernard L. Madoff. That mitigation specialists Kathleen O'Boyle and Herbert Hoelter of the National Center on Institutions and Alternatives are permitted to visit Defendant Bernard L. Madoff (inmate # 61727-054) at the Metropolitan Correctional Center, 150 Park Row, New York, NY, to consult with him regarding sentencing. SO ORDERED. (Signed by Judge Denny Chin on 5/28/2009)(dnd) (Entered: 05/29/2009)
ORDER: As to Bernard L. Madoff. This order supersedes the Court's order dated May 14, 2009, which provided an incorrect email address. The Court will post this order on its website, in place of this Court's order dated May 14, 2009. The United States Attorney's Office shall promptly post this order on its website, in place of this Court's order dated May 14, 2009. SO ORDERED. (Signed by Judge Denny Chin on 5/20/2009)(dnd) (Entered: 05/20/2009)
ORDER: As to Bernard L. Madoff. IT IS HEREBY ORDERED, with respect to the sentencing of the defendant Bernard L. Madoff, (see Order below) The Clerk of the Court shall promptly post this order on the Court's website. The United States Attorney's Office shall promptly post this order on its website.SO ORDERED. (Signed by Judge Denny Chin on 5/14/2009)(dnd) (Entered: 05/14/2009)
TRANSCRIPT of Proceedings as to Bernard L. Madoff held on 3/12/09 before Judge Denny Chin. (cd) (Entered: 05/13/2009)
SEALED DOCUMENT placed in vault. (jri) (Entered: 04/21/2009)
NOTICE of Amended Second Notice of Intent to Seek Forfeiture as to Bernard L. Madoff re: 60 Notice (Other). (Frase, Sharon) (Entered: 04/20/2009)
MOTION Ex Parte Application for Post-Indictment Restraining Order Pursuant to 21 U.S.C. s 853(e)(2) re 71 Notice (Other). Document filed by USA as to Bernard L. Madoff. (Frase, Sharon) (Entered: 04/20/2009)
NOTICE of Post Indictment Restraining Order Pursuant to 21 U.S.C. s 853(e)(2) as to Bernard L. Madoff (Frase, Sharon) (Entered: 04/20/2009)
PROTECTIVE ORDER: As to Bernard L. Madoff, IT IS HEREBY ORDERED: 1. Materials produced by the Government to the defendant or to Defendant's Counsel in connection with sentencing in the above-captioned action (including any material produced in connection with the determination of the loss amount, forfeiture, or restitution obligations), are deemed "Protected Materials." 2. Protected Materials disclosed to the defendant or to Defendant's Counsel during the course of proceedings in this action: (a) Shall be used by the defendant or Defendant's Counsel only for purposes of this action; (b) Shall be kept in the sole possession of Defendant's Counsel, and shall not be disclosed in any form by the defendant or his counsel except as set forth in paragraph 2 (c) below; (c) May be disclosed by the defendant or Defendant's Counsel only to the following persons (hereinafter "Designated Persons") : (i) investigative, secretarial, clerical, and paralegal personnel employed full time or part-time by Defendant's Counsel; (ii) independent expert witnesses, investigators or advisors retained by the defendant in connection with this action; (iii) Peter A. Chavkin, Esq., and Bridget Rhode, Esq., as counsel to Ruth Madoff (individually and collectively "Ruth Madoff's Counsel) and any investigative, secretarial, clerical, and paralegal personnel employed full time or part-time by Ruth Madoff's Counsel; (iv) such other persons as hereafter may be authorized by the Court upon such motion by the defendant; and (d) Shall be returned to the Government following the conclusion of this case and any all copies made of said material shall be shredded and destroyed, except as otherwise directed by the Court. 3. Copies of Protected Materials and documents containing summaries of, or extracts from, information contained in Protected Materials shall be treated as Protected Materials under the terms of this Protective Order. 4. The defendant and Defendant's Counsel shall provide a copy of this Order to any Designated Persons to whom they disclose confidential information pursuant to paragraphs 2(c) (i)-(iv). Designated Persons shall be subject to the terms of this Order. 5. The defendant is directed to provide advance notice of least ten days to the Government in advance of any public filing expected to contain Protected Materials, to permit the Government to seek appropriate relief, if necessary, from the Court. 6. The provisions of this Order shall not be construed as preventing the disclosure of any information in any motion, hearing, trial, or sentencing proceeding held in this action or to any judge or magistrate of this Court for purposes of this action. SO ORDERED. (Signed by Judge Denny Chin on 4/17/2009)(dnd) (Entered: 04/17/2009)
USCA MANDATE ON INTERLOCUTORY APPEAL (certified copy) as to Bernard L. Madoff re: 58 Notice of Appeal - Interlocutory. USCA Case Number 09-1025-cr. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 4/13/2009. (nd) (Entered: 04/15/2009)
68 Filed: 4/2/2009, Entered: None
SEALED DOCUMENT placed in vault. (rt) (Entered: 04/03/2009)
Letter by USA as to Bernard L. Madoff addressed to Judge Denny Chin from Lisa A. Baroni dated 3/31/2009. re: The Government respectfully submits this letter in connection with the application by WNBC and ABC to unseal and make publicly available all the sealed items on the docket in the above-referenced case. This letter addresses the sealed entries consisting of emails submitted by victims of the fraud in this case. A separate letter will be submitted addressing othercategories of sealed entries on the docket. (dnd) (Entered: 04/02/2009)
EX PARTE MOTION Application for Post-Indictment Warrant of Seizure. Document filed by USA as to Bernard L. Madoff. (Ward, Barbara) (Entered: 04/02/2009)
MEMORANDUM OF LAW in Opposition by USA as to Bernard L. Madoff. (Frase, Sharon) (Entered: 03/31/2009)
TRANSCRIPT of Proceedings as to Bernard L. Madoff held on 3/10/09 before Judge Denny Chin. (ja) (Entered: 03/31/2009)
MEMO ENDORSEMENT As to Bernard L. Madoff, from Indira Satyendra Senior Counsel, Litigation and Employment Practices ABC Inc. American Broadcasting Companies, Inc. (ABC) joins in WNBC's request that all sealed items in the Madoff case be unsealed and made publicly available. ENDORSEMENT: Approved. The various news entities are encouraged to submit a joint response. So Ordered. (Signed by Judge Denny Chin on 3/24/2009)(dnd) (Entered: 03/24/2009)
ORDER: As to Bernard L. Madoff. In this case, a number of documents have been filed under seal, at the request of the Government. Emails submitted by victims (or alleged victims) account for three of the sealed entries on the docket. WNBC has requested that all sealed items be unsealed and made publicly available. It is hereby ORDERED as follows: 1. The Government, defendant, and WNBC shall confer in an effort to agree on what may be unsealed (with or without redactions). 2. To the extent the Government, defendant, and WNBC cannot agree, the Government and/or defendant shall oppose WNBC's unsealing request in writing, citing the relevant legal authorities, by March 31, 2009. WNBC may respond in writing by April 7, 2009. So Ordered. (Signed by Judge Denny Chin on 3/17/2009)(dnd) (Entered: 03/17/2009)
NOTICE of Second Notice of Intent to Seek Forfeiture of Certain Assets as to Bernard L. Madoff (Frase, Sharon) (Entered: 03/17/2009)
NOTICE of Intent to Seek Forfeiture as to Bernard L. Madoff (Frase, Sharon) (Entered: 03/15/2009)
NOTICE OF APPEAL (Interlocutory) by Bernard L. Madoff from 56 Order. Filing fee $ 455.00, receipt number E 681192. Copies of Notice of Appeal sent to A.U.S.A. by inter-office mail. (nd) (Entered: 03/12/2009)
TRANSCRIPT of Proceedings as to Bernard L. Madoff held on 3/12/2009 at 10:00 a.m. before Judge Denny Chin. (nd) (Entered: 03/12/2009)
ORDER as to Bernard L. Madoff. For the reasons stated on the record today, defendant's bail is revoked and he is remanded. Likewise, as stated on the record, his request for a stay of remand pending appeal is also denied. So Ordered. (Signed by Judge Denny Chin on 3/12/09)(bw) (Entered: 03/12/2009)
NOTICE OF ATTORNEY APPEARANCE Barbara Ann Ward appearing for USA. (Ward, Barbara) (Entered: 03/12/2009)
NOTICE OF ATTORNEY APPEARANCE Sharon E. Frase appearing for USA. (Frase, Sharon) (Entered: 03/12/2009)
MEMO ENDORSEMENT: As to Bernard L. Madoff. re: Plea Allocution of Bernard L. Madoff before the Honorable Judge Denny Chin on March 12, 2009. ENDORSEMENT: This statement shall be docketed and made part of the record. So Ordered. (Signed by Judge Denny Chin on 3/12/2009)(dnd) (Entered: 03/12/2009)
ENDORSED LETTER as to Bernard L. Madoff addressed to Judge Chin from AUSAs Marc Litt / Lisa A. Baroni dated 3/11/09 re: The Government submits this letter and the attached documents, received by the Government between 4:05 p.m. on March 9, and approximately 10:30 a.m. today, in response to the Court's March 6, 2009 Order. This submission supplements the Government's submission of March 9 enclosing the initial responses received by the Government from victims. The Government requests that the attached emails, which contain identifying information from victims, be filed under seal to protect their privacy interests. ENDORSEMENT: The emails will be sealed, for now, pending discussions regarding unsealing and/or redacting the emails so that they are available to the public. So Ordered. (Signed by Judge Denny Chin on 3/12/09)(bw) (Entered: 03/12/2009)
NOTICE OF ATTORNEY APPEARANCE: Nicole Pappas De Bello appearing for Bernard L. Madoff. (De Bello, Nicole) (Entered: 03/11/2009)
NOTICE OF ATTORNEY APPEARANCE: Mauro Michael Wolfe appearing for Bernard L. Madoff. (Wolfe, Mauro) (Entered: 03/11/2009)
NOTICE OF ATTORNEY APPEARANCE: Daniel James Horwitz appearing for Bernard L. Madoff. (Horwitz, Daniel) (Entered: 03/11/2009)
NOTICE OF ATTORNEY APPEARANCE: Ira Lee Sorkin appearing for Bernard L. Madoff. (Sorkin, Ira) (Entered: 03/11/2009)
ENDORSED LETTER as to Bernard L. Madoff addressed to Judge Chin from AUSAs Marc Litt / Lisa A. Baroni dated 3/9/09 re: The Government submits this letter and the attached PDF file containing emails, received by the Government as of 4:05 p.m. today, in response to the Court's March 6, 2009 Order in this case. The Government requests that the attached emails, which contain identifying information from victims, be filed under seal to protect their privacy interests. ENDORSEMENT: The attached emails will be filed under seal for now. So Ordered. (Signed by Judge Denny Chin on 3/10/09)(bw) (Entered: 03/11/2009)
WAIVER OF INDICTMENT by Bernard L. Madoff. (bw) (Entered: 03/10/2009)
INFORMATION (Felony) filed as to Bernard L. Madoff (1) count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11. (bw) (Entered: 03/10/2009)
Letter by Bernard L. Madoff addressed to Judge Denny Chin from Daniel J. Horowitz dated 3/10/2009. re: We respectfully submit this letter on behalf of this Firm's client, Bernard L. Madoff in response to the government's letter to us, and filed with the Court, dated March 10, 2009 pursuant to United States v. Pimentel. (dnd) (Entered: 03/10/2009)
Letter by USA as to Bernard L. Madoff addressed to Judge Denny Chin from Marc Litt/ Lisa A. Baroni dated 3/10/2009.This letter sets forth the present position of the Office of the United States Attorney for the Southern District of New York (the "Office") regarding the application of the U.S. Sentencing Guidelines ("U.S.S.G." or "Guidelines") to this case. (dnd) (Entered: 03/10/2009)
SEALED DOCUMENT placed in vault. (aba) [1:08-mj-02735-UA] (Entered: 03/10/2009)
Letter by USA as to Bernard L. Madoff addressed to Judge Leonard B. Sand from AUSAs Marc Litt / Lisa A. Baroni dated March 3, 2009 re: The Government submits this letter to notify the Court of potential conflicts of interest relating to the representation of the defendant, Bernard Madoff, by Ira Sorkin, Esq., in the above-referenced case. The Government has requested that the Court conduct a hearing pursuant to United States v. Curcio, 680 F.2d 881 (2d Cir. 1982), and the Court has scheduled a hearing for March 4, 2009 at 10:00 a.m. (bw) [1:08-mj-02735-UA] (Entered: 03/10/2009)
ORDER granting 32 Motion Title 18 U.S.C. 3771 re: 32 MOTION Title 18, U.S.C. 3771. as to Bernard L. Madoff (1).(Signed by Judge Denny Chin on 3/6/09) (aba). [1:08-mj-02735-UA] (Entered: 03/09/2009)
MOTION Title 18, U.S.C. 3771. Document filed by USA as to Bernard L. Madoff. (aba) (aba). [1:08-mj-02735-UA] (Entered: 03/09/2009)
NOTICE OF INTENT TO FILE an Information by U.S.A. as to Bernard L. Madoff.Judge Chin is Assigned (vb) (jm). [1:08-mj-02735-UA] (Entered: 03/06/2009)
AFFIRMATION of Marc Litt in Support by USA requesting a 30-day continuance from 2/11/09 to 3/13/09 as to Bernard L. Madoff (aba) [1:08-mj-02735-UA] (Entered: 02/11/2009)
Letter by Bernard L. Madoff addressed to Honorable Lawrence M. McKenna from Ira Lee Sorkin dated 1/29/09 re: We represent Defendant Bernard L. Madoff in the above referenced matter. On behalf of Mr. Madoff we write to respectfully advise the Court that we have hired a new security firm, Stroz Friedberg Investigations ("Stroz"), to comply with items numbered 4, 7, 8 and 9 of the Court's January 16, 2009 Order (the "Order"). (aba) (aba). [1:08-mj-02735-UA] (Entered: 01/29/2009)
TRANSCRIPT of Proceedings as to Bernard L. Madoff held on 1/14/09 at 2:35 p.m. before Judge Lawrence M. McKenna. (aba) [1:08-mj-02735-UA] (Entered: 01/29/2009)
TRANSCRIPT of Proceedings as to Bernard L. Madoff held on 1/5/09 at 2:30 p.m. before Magistrate Judge Ronald L. Ellis. (aba) [1:08-mj-02735-UA] (Entered: 01/29/2009)
PRB Bond Entered as to Bernard L. Madoff in amount of $ 10 MILLION PRB. BAIL MODIFIED 1/16/09 BY U.S.D.J. McKENNA: SEE ORDER DATED 1/16/09 DOC # 22. (aba) (aba). [1:08-mj-02735-UA] (Entered: 01/21/2009)
AFFIDAVIT of Bernard L. Madoff by Bernard L. Madoff. (aba) [1:08-mj-02735-UA] (Entered: 01/21/2009)
ENDORSED LETTER as to Bernard L. Madoff addressed to Honorable Lawrence M. McKenna from Nicole De Bello dated 1/20/09 re: I await confirmation from the Court that Mr. Madoff may file the Affidavit with the Magistrate Clerk's Office in lieu of his in-person appearance to sign the bail bond. This is the same procedure that was followed in connection with Magistrate Judge Katz's Order on December 19, 2008. Assistant United States Attorney Marc Litt has consented to the filing of the Affidavit. THE COURT ACCEPTS THE ANNEXED 1/20/09 AFFIDAVIT OF DEFENDANT IN LIEU OF A PERSONAL APPEARANCE; THE CLERK IS DIRECTED TO ACCEPT FOR FILING THE ORIGINAL THEREOF. SO ORDERED. (Signed by Judge Lawrence M. McKenna on 1/20/09)(aba) [1:08-mj-02735-UA] (Entered: 01/21/2009)
ORDER: As to Bernard L. Madoff. Defendant Bernard L. Madoff is released on bail under the following conditions: 1. A $10 million personal recognizance bond signed by Mr. Madoff, his wife, and his brother, and secured by confessions of judgment on properties in New York, N.Y., Montauk, N.Y., and Palm Beach, Fl.; 2. The surrender of Mr. and Mrs. Madoff's passports; 3. Other than for scheduled court appearances, Mr. Madoff is confined to home detention in his Manhattan apartment 24 hours a day, with an electronic monitoring; 4. Employment at his wife's expense of a security firm acceptable to the Government, to provide the following services to prevent harm and flight: a. round-the-clock monitoring at Mr. Madoff's building, 24 hours per day, including video monitoring of all of the Defendant's apartment door(s), and communication devices and services permitting it to send a direct signal from an observation post to the Federal Bureau of Investigation in the event of the appearance of harm or flight; b. the security firm will provide additional guards available on request if necessary to prevent harm or flight; 5. Incorporation of the restrictions set forth in the preliminary injunction entered on December 18, 2008, in the case SEC v. Madoff and Bernard L. Madoff Investment Securities LLC, 08 Civ. 10791, before District Judge Louis L. Stanton, including restrictions on transfer of all property whatsoever, wherever located, in the possession or under the control of Mr. Madoff; 6. Incorporation of the restrictions set forth in the voluntary restraint agreement signed by Mrs. Madoff on December 26, 2008; 7. Mr. Madoff must compile an inventory of all valuable portable items in his Manhattan home. The Government and Mr. Madoff are to agree on a threshold value for inventory items by January 21, 2009. In addition to providing this inventory to the Government, Casale Associates, or another security company approved by the Government, shall check the inventory every two weeks; 8. Mr. Madoff must compile an inventory of all valuable portable items in the aforementioned properties in Montauk, N.Y. and Palm Beach, Fl., as well as property owned by Mrs. Madoff located in Antibes, France; and 9. Casale Associates, or another security company approved by the Government, shall search all outgoing physical mail in New York, N.Y to ensure that no property has been transferred. SO ORDERED: (Signed by Judge Lawrence M. McKenna on 1/16/2009)(D'Avanzo, Daniel) [1:08-mj-02735-UA] (Entered: 01/16/2009)
ENDORSED LETTER as to Bernard L. Madoff addressed to Honorable Lawrence M. KcKenna from Marc Litt dated 1/13/09 re: The Government respectfully submits this letter brief to the Court, sitting in its Part I capacity, in support of its appeal of the Opinion of Order entered by United States Magistrate Judge Ronald L. Ellis on January 12, 2009 (the "Order"), which denied the Government's motion pursuant to Title 18, United States Code, Section 3142(f)(2), to detain the defendant pending trial. Application for detention denied and Judge Ellis' 1/12/09 Opinion and order affirmed for reasons set forth on record on 1/14/09. (Signed by Judge Lawrence M. McKenna on 1/14/09)(aba) [1:08-mj-02735-UA] (Entered: 01/14/2009)
DEFENDANT'S BRIEF (LETTER) in Appeal of Magistrate Judge Decision by Bernard L. Madoff re: 19 Appeal of Magistrate Judge Decision to District Court - Magistrate Judge Case filed by USA. (aba) [1:08-mj-02735-UA] (Entered: 01/14/2009)
APPEAL OF MAGISTRATE JUDGE DECISION (LETTER BRIEF) to District Court by USA as to Bernard L. Madoff. (aba) [1:08-mj-02735-UA] (Entered: 01/13/2009)
ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Bernard L. Madoff. Time excluded from 1/12/09 until 2/11/09. (Signed by Magistrate Judge Michael H. Dolinger on 1/12/09)(aba) [1:08-mj-02735-UA] (Entered: 01/13/2009)
ENDORSED LETTER as to Bernard L. Madoff addressed to Magistrate Judge Ronald L. Ellis from Marc Litt dated January 12, 2009 re: The Government respectfully submits this letter in response to the Court's opinion and order issued in the above-captioned matter earlier today. The Government intends to appeal the Court's order to the District Court. Accordingly, the Government respectfully requests that the Court stay its order pending the outcome of that (or any further appeal). Counsel for the defendant, Ira Lee Sorkin, Esq., has informed the Government that defendant consents, through counsel, to this request for a stay. ENDORSEMENT: Order stayed for 48 hours until 1:00 p.m. on 1-14-09. (Signed by Magistrate Judge Ronald L. Ellis on 1/12/2009)(rw) [1:08-mj-02735-UA] (Entered: 01/12/2009)
OPINION AND ORDER # 96937 as to Bernard L. Madoff. III. CONCLUSION: The Government seeks an order detaining Defendant Madoff prior to trial based on risk of flight and danger to community. On this matter, the Government has the burden of proof -- by a preponderance of the evidence with respect to the question of flight, and by clear and convincing evidence with respect to question of danger -- that there are no conditions which can be set to address these concerns. The Court finds that the Government has failed to meet its burden as to either ground. Accordingly, its motion is DENIED. SO ORDERED this 12th day of January 2009. (Signed by Magistrate Judge Ronald L. Ellis on 1/12/09)(bw) Modified on 1/12/2009 (kkc). [1:08-mj-02735-UA] (Entered: 01/12/2009)
Letter by Bernard L. Madoff addressed to Honorable Ronald L. Ellis from Ira Lee Sorkin dated 1/8/09 re: Respectfully submit this revised brief, originally submitted yesterday, January 7, 2009. (aba) [1:08-mj-02735-UA] (Entered: 01/08/2009)
LETTER BRIEF IN REPLY by USA as to Bernard L. Madoff addressed to Honorable Ronald L. Ellis from Marc Litt, Lisa A. Baroni dated 1/8/09 (aba) [1:08-mj-02735-UA] (Entered: 01/08/2009)
LETTER BRIEF IN OPPOSITION by Bernard L. Madoff addressed to Honorable Ronald L. Ellis from Ira Lee Sorkin, Daniel J. Horwitz dated 1/7/09 (aba) [1:08-mj-02735-UA] (Entered: 01/07/2009)
Letter by USA as to Bernard L. Madoff addressed to Hon. Ronald L Ellis from AUSA Litt dated 1/6/09 re: Support of Motion to Detain Defendant. (jm) [1:08-mj-02735-UA] (Entered: 01/07/2009)
10 Filed: 12/22/2008, Entered: None
9 Filed: 12/19/2008, Entered: None
ENDORSED LETTER as to Bernard L. Madoff addressed to Hon. Gabriel Gorenstein from Marc O. Litt dated 12/19/08 re: Requesting that the Court modify the bail conditions. GRANDED. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 12/19/08)(aba) [1:08-mj-02735-UA] (Entered: 12/22/2008)
AGREEMENT TO FORFEIT PROPERTY by Bernard L. Madoff. (aba) [1:08-mj-02735-UA] (Entered: 12/17/2008)
ORDER as to Bernard L. Madoff. Bail conditions are modified. Defendants wife shall surrender her passport by noon on Thursday, December 18, 2008, and and the confessions of judgment shall be filed by Monday, December 22, 2008. In light of this order and agreement of both the defendant and the government to the changes in the bail conditions, there is no need for a further hearing on bail today. Accordingly the hearing is cancelled. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/17/08)(vb) [1:08-mj-02735-UA] (Entered: 12/17/2008)
ORDER as to Bernard L. Madoff extending the control date for a hearing in any outstanding bail issues be adjourned from 12/16/08 to 12/17/08 at 2:00 PM: SO ORDERED: USMJ Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/16/08)(jm) Modified on 1/7/2009 (jm). [1:08-mj-02735-UA] (Entered: 12/16/2008)
ADVICE OF PENALTIES AND SANCTIONS as to Bernard L. Madoff. (dif) [1:08-mj-02735-UA] (Entered: 12/12/2008)
PRB APPEARANCE Bond Entered as to Bernard L. Madoff in amount of $ 10 MILLION PRB, 4 FRP'S; Secured by Property: Deft's Manhattan Apartment; Travel Limited to SDNY/EDNY and District of Connecticut; Surrender Travel Documents (& No New Applications); Deft to be Released upon His Signature and Wife's Signature; Remaining Conditions to be Met by Dec 16, 2008 at 2:00 PM (3 More Co-Signers, Plus Posting Apartment (dif) [1:08-mj-02735-UA] (Entered: 12/12/2008)
NOTICE OF ATTORNEY APPEARANCE: Retained Attorney Nicole Pappas De Bello appearing for Bernard L. Madoff. (dif) [1:08-mj-02735-UA] (Entered: 12/12/2008)
NOTICE OF ATTORNEY APPEARANCE: Retained Attorney Daniel James Horwitz appearing for Bernard L. Madoff. (dif) [1:08-mj-02735-UA] (Entered: 12/12/2008)
COMPLAINT as to Bernard L. Madoff (1). In Violation of 15 U.S.C. 78j (b), 78ff; 17 C.F.R. 240.10b-5 (Securities Fraud) (Signed by Judge Magistrate Judge Douglas F. Eaton) (dif) [1:08-mj-02735-UA] (Entered: 12/12/2008)


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How can I get all image names as QStringList using QRegExp from html?
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A: In this case you could parse them with this pattern:  (match is in the first capture group)
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demo: https://regex101.com/r/gAzPJo/1/

redpajama_set_name: RedPajamaStackExchange


So as I bimble along on this LACMA-Sacque-ma, diligently cutting out all the many pieces, and saving every little scrap, I'm getting the feeling that I'm not going to have enough fabric left to recreate the trims on the original dress.
The Met, 1770-75. This Robe has frothy bits on the front.
The Met, 1770-75. Here's a closeup of the frothy bits. I think this works because the froth and the gown fabric are the same color - it might not work so well with the blue fabric.
VandA, 1775-80 - this appears to be puffed blue silk over embroidery.
Arizona Costume Institute, c. 1760 - trimmed with gold lace.
Royal Ontario Museum, 1750s - trimmed with silver. A viable option.
MFA, 1775 - another trimmed in metallic lace.
The Met, 1750-75 - this one is trimmed in passementarie. 10 tons of it.
Here's a closeup of the above. I...I don't think I'll be attempting this madness.
The Met, 1770 (click through for the whole dress) - I think this looks stupid, but it *is* an option.
Contrasting or complimentary trim would still make your project a beautiful endeavor. My meager yards of blue silk taffeta were not going to be enough for my dress so I based my dress on two paintings of blue dresses with white/silver trim. I used embroidered white silk organza and the unembroidered bits to trim the dress up based on the paintings. I had so little fabric my under petticoat is cotton with a cheater panel front made of silk. You can see my dress on my blog. I used the JP Ryan pattern with great success.
Your sacque is goooorgeous! I would never have guessed that you had so little fabric. I'm thinking now I should have gotten the JP Ryan pattern instead of trying to work this all out myself.
If you find that you have to resort to spray painting lace, use the spray paints meant for floral work...they are formulated to work on silk flowers, and so might work on your lace bits as well better than regular spray paint. Or if there is a metallic dye or even gutta - used for silk painting - You could airbrush it on. I'm sure that this is not the first time in the history of costuming or dressmaking that this has happened. Keep your chin up. I'm waiting to see how it will all come together...and you always make it work so well!
Oh, I shall have to try this!
I'm also going to use not-matching trim for the sack back gown. It just arrived in the mail today! YAY! And I agree with Chastity, silver lace would look so great with your fabric!
Madame la Duchess, what about using silver net/tulle over an almost matching taffeta. You could also use silver lace sewn to the net for a more open look. Whatever you use I am sure the robe will be stunning!