The Securities and Exchange Commission ("SEC") vs. Madoff
Frequently Asked Questions and Downloads Relating to the Securities and Exchange Commission ("SEC") vs. Madoff
I. Can the SEC Receiver sue me for money I received as distributions or redemptions from Madoff?
The Court-appointed Receiver could file lawsuits against individual or institutional investors that invested in Bernard L. Madoff Investment Securities, LLC (“Madoff”). The lawsuits will seek payment of money the investors received when they redeemed all or a portion of their investment from these Hedge funds or by way of quarterly or annual dividends. The claims will be based on “fraudulent conveyances” and/or “preference” theories.
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A fraudulent conveyance claim is brought under State law against an investor who received money from Madoff. A preference action is brought pursuant to Bankruptcy laws to recover money paid to investors while the debtor (Madoff) was insolvent. Even investors who redeemed their investment prior to disclosure of the Ponzi scheme will be subject to these claims.
II. How far back can the Receiver look to bring a claim against me or my Institution?
A Receiver can “claw back” under New York law for a period of six years. Under the Bankruptcy laws, the claw back period is two years.
III. What are my rights if the Receivership Estate files suit against me or my Institution?
Our firm has significant experience defending fraudulent transfer and preference actions and we have obtained excellent results in such matters. We will review the lawsuit and review your individual circumstance to determine whether you have an affirmative defense to the lawsuit and the best strategy to obtain a positive result. Call us.
Downloads
Complaint (U.S. Securities Exchange Commission v. Madoff)
Criminal Complaint (U.S. v. Madoff)
Order to Show Cause Appointing Receiver and Freezing Madoff Assets
Order Appointing Trustee and Referring Liquidation Proceedings to the Bankruptcy Court
Madoff's Bail Condition
Contact Us
For more information about Madoff’s Ponzi scheme, your Hedge Fund manager’s duty to conduct due diligence, and whether/to what extent your losses may be covered by SIPC and CAPCO, or to discuss how Frier & Levitt, LLC can assist you in obtaining legal relief against Madoff through the SIPC and/or your Hedge Fund, please call us at (973) 535-1660, or toll-free at (888) Levitt-1 (i.e., 888-538-4881). |