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Friday, December 17, 2010

DealBook: Counsel brought Deal to recover $ 7.2 billion for the victims of Madoff (NY Times)

Jeffry PicowerJeffry Picower

14: 08 | Update federal prosecutors and the trustee responsible for recovering assets of the bankruptcy of Bernard l. Madoff institutions announced Friday that would add $ 7.2 billion available Silver to compensate victims of global finance Mr. Madoff Ponzi scheme.

Details of the agreements with the succession of Jeffry M. Picower philanthropist of Palm Beach, who died in October 2009, were released in the documents of the Court and a press conference in Lower Manhattan.

The colonies "will return every penny received nearly 35 years of investing with Bernard Madoff," wife of Mr. Picower, Barbara, said in a statement released by his lawyer, William d. Zabel of Schulte Roth & Zabel.

Irving Picard and 2.2 billion dollars in federal funds victims to resolve legal action filed last year, according to the Prosecutor Mr. Picard and for the southern district, Preet Bharara United States Picower succession will pay $ 5 billion to the trustee.

7.2 Billions of dollars recovered distribute Madoff clients with valid requests, Mr. Picard said in a release.  He said to the press conference that he expected to make a distribution to victims at the end of the first quarter of next year.

Mr. Bharara congratulated Ms. Picower for having agreed to the settlement. "Turning every penny of 7.2 billion at the end it."
"husband received" he said, "Barbara Picower has done the right thing".

The amount considerably broadens 2.3 billion dollars that Mr. Picard had already collected through sales settlements and other assets in the Madoff bankruptcy.  The figure represents the difference between money Mr. Picower his account Madoff and the amount he withdrew the duration of the fraud, according to litigation filed the year last by Mr. Picard.

Mr. Bharara told the colony is the largest single confiscation in American legal history.

Call the "deplorable", said Ms. Picower Madoff scheme in her statement that she was convinced that her husband had not been involved, but gains return is the right thing to do.

"I believe that regulation honors this Jeffry would have liked, which is back this money so that it can go directly to the victims of Madoff", she said, adding she planned to resume the "philanthropic work which was so important to Jeffry and me".

Ron Stein, President of the network action and investor protection, a group created to help the victims said that he hoped that the success of recovery efforts help spare innocent Madoff investors who have also been sued by Mr. Picard.

"It is clear that the trustee will exceed expectations in its colonies with the accomplice," said Mr. Stein, "and there is no reason why he should continue greenhouse investors back who played no role in fraud.

Complex negotiations conclude the case the trustee against Mr. Picower, involved Mr. Picard, lawyers working for Mr. Bharara federal prosecutors and lawyers in the firm Schulte Roth & Zabel. Settlement talks were already underway when Mr. Picower, who had suffered from Parkinson's disease and had a history of heart ailments, was found dead in his Palm Beach oceanfront mansion pool on 25 October 2009.

The enormous amount involved is certainly plausible: a confidential letter from Goldman Sachs, requested as part of settlement talks extended, confirmed that Mr. Picower was "a valuable client of our investment management Division since close to three decades", and that during this time, it had generated legitimate investment returns of more than 2 billion dollars,"primarily by"self-directed investments in public equities."

A person with knowledge of Goldman Sachs said that 4.5 billion in "unrealized gains" research by Mr. Picower account to the Cabinet at the time of his death.

For a great investor, Mr. Picower had long flown under the radar of Wall Street. Before it appeared as one of the biggest customers of fraudulent investment advisory business by Mr. Madoff, it was known in the financial community primarily for its investments in medical technology. In 2004, a few years after that he took control of Alaris Medical Systems with a stake of approximately $ 86 million, he sold the company Cardinal Health for more than 1 billion.

The complaint against Mr. Picower last year by Mr. Picard claimed that the profit on investments with Mr. Madoff were also stellar - but it is completely false. The complaint alleges that an investor sophisticated as Mr. Picower should recognized Mr. Madoff ran a fraud, requested the return of $ 7.2 billion the amount by which Mr. recalls his Madoff Picower accounts exceeded funding was paid in during the duration of fraud.

Mr. Picard, the trustee has reported losses of money in total Madoff scheme about $ 20 billion. If that figure holds, adding Picower billion mean that investors eligible - those who have less Madoff accounts they place - could retrieve half of their losses.

Jeffry M. Picower widow Barbara Picower statement

Complaint against Picower Estate Over Madoff claims

Agreement pay Picower Estate of $ 7.2 billion

Statement by u.s. Attorney on the settlement of the Picower

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