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Judge Okays Bankruptcy for Bernie Madoff

Makes personal assets more easily available to victims

By Kevin Spak,  Newser Staff

Posted Apr 11, 2009 7:56 AM CDT

(Newser) – Bernard Madoff’s victims can force him into bankruptcy and seek any assets that weren’t proceeds of his crimes, a federal judge ruled today, over objections from federal prosecutors, the SEC, and the trustee overseeing the bankruptcy of Madoff’s firm. The judge ruled that bankruptcy had the best chance of protecting all of Madoff’s victims, and that the benefits outweighed concerns over the cost and time involved.

Prosecutors had argued that criminal forfeiture laws would be a more efficient means of shaking down the Ponzi schemer. But the judge disagreed, saying the government hadn’t proved that all Madoff’s gains were ill-gotten, wouldn’t get victims involved, and would have a harder time than courts in seizing Madoff’s foreign assets. “What are you going to do,” he asked, “send the Marines over to seize the French chateau?”

This file photo shows one of the boats owned by jailed financier Bernard Madoff that was seized by the US government being held at National Liquidators in Fort Lauderdale Florida.
This file photo shows one of the boats owned by jailed financier Bernard Madoff that was seized by the US government being held at National Liquidators in Fort Lauderdale Florida.   (AP Photo/Jeffrey M. Boan, File)
In this Jan. 14, 2009 file photo, besieged money manager Bernard Madoff, accused of masterminding a $50 billion Ponzi scheme, arrives at Federal Court in New York.
In this Jan. 14, 2009 file photo, besieged money manager Bernard Madoff, accused of masterminding a $50 billion Ponzi scheme, arrives at Federal Court in New York.   (AP Photo/Stuart Ramson)
In this March 10, 2009 file photo, Bernard Madoff exits Manhattan federal court in New York.
In this March 10, 2009 file photo, Bernard Madoff exits Manhattan federal court in New York.   (AP Photo/Louis Lanzano, File)
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COMMENTS
Showing 1 of 1 comment
wwwonderer
Apr 11, 2009 4:09 AM CDT
If they were so concerned about a conviction, maybe they should have gotten involved, say 3 years ago. How about 1 year ago. Way to be on the ball. Maybe we should consider what's best for the victims in ALL these financial cases.

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