Securities and Exchange Commission v. Madoff et al
| Securities and Exchange Commission |
| Bernard L. Madoff and Bernard L. Madoff Investment Securities, LLC |
| Lee Richards |
| 1:2008cv10791 |
| December 11, 2008 |
| US District Court for the Southern District of New York |
| Securities/Commodities Office |
| New York |
| Louis L. Stanton |
| None |
| U.S. Government Plaintiff |
| 15:77 Securities Fraud |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 1, 2010. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 58
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting 57 Motion for James A. Clarkson to Appear Pro Hac Vice.. (Signed by Judge Louis L. Stanton on 6/24/09) (pl) Modified on 6/25/2009 (pl).
|
|
Transmission to Attorney Admissions Clerk. Transmitted re: 58 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (pl)
|
|
Filing 57
MOTION for James A. Clarkson to Appear Pro Hac Vice. Document filed by Securities and Exchange Commission.(mbe)
|
|
Filing 56
NOTICE OF APPEARANCE by Regina Griffin on behalf of Regina Griffin, Alan Nisselson (Griffin, Regina)
|
|
Filing 55
NOTICE OF APPEARANCE by Howard L. Simon on behalf of Howard L. Simon, Alan Nisselson (Simon, Howard)
|
|
Filing 54
TRANSCRIPT of proceedings held on 3/23/2009 before Judge Louis L. Stanton. (jmi)
|
|
***DELETED DOCUMENT. Deleted document number 54 LETTER. The document was incorrectly filed in this case. (ae)
|
|
Filing 53
ORDER: My April 10, 2009 Opinion is amended by adding, as a footnote following the last word "lntermediaries ln the final full paragraph on page two: Each such investor may receive through his intermediary his full share of the proceeds of the BLMIS liquidation. Each direct customer of BLMIS may also receive a supplemental distribution from SIPC reserve funds for the remainder of his loss up to $500,000 per direct customer ($100,000 per customer for cash claims). The corresponding distribution to the intermediary as a direct customer is similarly limited in amount, but must be shared among the intermediary's member investors. So ordered. (Signed by Judge Louis L. Stanton on 4/14/2009) (tve)
|
|
Filing 52
LETTER addressed to Judge Louis L. Stanton from David J. Sheenan dated 4/13/2009 re: Counsel to Irving H. Picard, the trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, writes with respect to the Court's Opinion dated 4/10/2009 and requests that the Court direct that this letter be docketed. (tve)
|
|
***DELETED DOCUMENT. Deleted document number 55 LETTER. The document was incorrectly filed in this case. (ae)
|
|
***DELETED DOCUMENT. Deleted document number 51 LETTER. The document was incorrectly filed in this case. (ae)
|
|
***DELETED DOCUMENT. Deleted document number 56 LETTER. The document was incorrectly filed in this case. (ae)
|
|
Filing 50
ENDORSED LETTER addressed to Judge Louis L. Stanton from Sharon E. Frase dated 4/8/2009 re: For the reasons set forth within counsel request that the motion should be denied. ENDORSEMENT: Please docket and place this document in the public file. (Signed by Judge Louis L. Stanton on 4/9/2009) (jfe)
|
|
Filing 49
ENDORSED LETTER addressed to Judge Louis L. Stanton from David J. Sheehan dated 4/8/2009 re: The trustee respectfully request that the Court direct that this letter be docketed. ENDORSEMENT: Please docket and place this document in the public file. (Signed by Judge Louis L. Stanton on 4/9/2009) (jfe)
|
|
Filing 48
ENDORSED LETTER addressed to Mr. Dassin from Richard Weber re: This letter is in response to a request from Assistant United States Attorney Barbar A. Ward concerning the deposition of property and assets that are expected to be forfeited to the United States in this case. ENDORSEMENT: Please docket and place this document in the public file. (Signed by Judge Louis L. Stanton on 4/9/2009) (jfe)
|
|
Filing 47
OPINION #97403: The motion for relief from the Preliminary injunction will be granted by separate order. (Signed by Judge Louis L. Stanton on 4/10/2009) (jfe) Modified on 4/13/2009 (mro).
|
|
Filing 46
ORDER: Sufficient reason appearing, and the Court having rendered its Opinion dated April 10, 2009, article V of the December 18, 2008 Order on Consent Imposing Preliminary Injunction, Freezing Assets and Granting Other Relief Against Defendants, which provides that Defendants and their partners, agents, employees, attorneys, or other professionals, anyone acting in concert with them or on their behalf, and any third party, are preliminarily enjoined from filing a bankruptcy proceeding against Defendants without filing a motion on at least three (3) days' notice to the Plaintiff, and approval of this Court after a hearing and its incorporation by reference in article IV of the February 9, 2009 Partial Judgment on Consent Imposing Permanent Injunction and Continuing Other Relief, are vacated and shall have no further force or effect. (Signed by Judge Louis L. Stanton on 4/10/2009) (jfe)
|
|
Filing 45
REPLY MEMORANDUM OF LAW in Support re: 36 MOTION for Leave to File Involuntary Bankruptcy Petition NOTICE OF MOTION FOR PARTIAL RELIEF FROM INJUNCTION.. Document filed by Marc Cherno, Judith Goldman, Horowitz Family Trust, Stephen Morganstern, Martin Rappaport Charitable Remainder Unitrust, Martin Rappaport, Blumenthal & Associates Florida General Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Landers, Jonathan)
|
|
Filing 44
MEMORANDUM OF LAW in Opposition re: 36 MOTION for Leave to File Involuntary Bankruptcy Petition NOTICE OF MOTION FOR PARTIAL RELIEF FROM INJUNCTION.. Document filed by Securities and Exchange Commission. (Vasilescu, Alexander)
|
|
Filing 43
NOTICE OF APPEARANCE by Jonathan M. Landers on behalf of Marc Cherno, Judith Goldman, Horowitz Family Trust, Stephen Morganstern, Martin Rappaport Charitable Remainder Unitrust, Martin Rappaport, Blumenthal & Associates Florida General Partnership (Landers, Jonathan)
|
|
***DELETED DOCUMENT. Deleted document number 42 Order. The document was incorrectly filed in this case. (tve)
|
|
Filing 41
ORDER: Responses to Movants' April 1, 2009 Motion for Partial Relief from the February 9, 2009 Partial Judgment on Consent and its predecessors must be served and filed, with a courtesy copy to chambers, on or before noon Wednesday, April 8, 2009. So ordered. (Signed by Judge Louis L. Stanton on 4/2/2009) (tve)
|
|
Filing 39
NOTICE OF CHANGE OF ADDRESS by Matthew Gluck on behalf of Marc Cherno, Judith Goldman, Horowitz Family Trust, Stephen Morganstern, Martin Rappaport Charitable Remainder Unitrust, Martin Rappaport, Blumenthal & Associates Florida General Partnership. New Address: Milberg LLP, One Pennsylvania Plaza, New York, NY, 10119-0165, 212-594-5300. (Gluck, Matthew)
|
|
Filing 38
NOTICE OF APPEARANCE by Matthew Gluck on behalf of Marc Cherno, Judith Goldman, Horowitz Family Trust, Stephen Morganstern, Martin Rappaport Charitable Remainder Unitrust, Martin Rappaport, Blumenthal & Associates Florida General Partnership (Gluck, Matthew)
|
|
Filing 37
MEMORANDUM OF LAW in Support re: 36 MOTION for Leave to File Involuntary Bankruptcy Petition NOTICE OF MOTION FOR PARTIAL RELIEF FROM INJUNCTION.. Document filed by Marc Cherno, Judith Goldman, Horowitz Family Trust, Stephen Morganstern, Martin Rappaport Charitable Remainder Unitrust, Martin Rappaport, Blumenthal & Associates Florida General Partnership. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Gluck, Matthew)
|
|
Filing 36
MOTION for Leave to File Involuntary Bankruptcy Petition NOTICE OF MOTION FOR PARTIAL RELIEF FROM INJUNCTION. Document filed by Blumenthal & Associates Florida General Partnership, Marc Cherno, Judith Goldman, Horowitz Family Trust, Stephen Morganstern, Martin Rappaport Charitable Remainder Unitrust, Martin Rappaport.(Gluck, Matthew)
|
|
Filing 40
TRANSCRIPT of proceedings held on 3/23/09 before Judge Louis L. Stanton. (tro)
|
|
Filing 35
ORDER: (1) For the reasons stated in the March 9, 2009 letter from David J. Sheehan, Esq., counsel for Mr. Picard, to the Court and his statements upon the record in court, and it appearing provident and expedient for this to be done now, Mr. Richards shall pursuant to item 1.2 thereof appoint Irving Picard, as the SIPA Trustee, as substitute Attorney under the December 15, 2008 Power of Attorney granted by Mr. Bernard L. Madoff (in his individual capacity) to act thereunder as Mr. Picard considers desirable in connection with all of the issued shares of MSIL registered in Mr. Bernard L Madoff's name; (2) Mr. Richards's Report and Application is accepted and his receivership discharged and terminated with the thanks of the Court on behalf of the public; and (3) Mr. Richards may serve and file his application for payment of fees and expenses as receiver, in accordance with the requirements of applicable law and procedures. So ordered. (Signed by Judge Louis L. Stanton on 3/23/2009) (tve)
|
|
Minute Entry for proceedings held before Judge Louis L. Stanton: Hearing on application to terminate the receivership was held and concluded on 3/23/2009. (mro)
|
|
Filing 34
NOTICE OF APPEARANCE by Mauro Michael Wolfe on behalf of Bernard L. Madoff (Wolfe, Mauro)
|
|
Filing 33
NOTICE OF APPEARANCE by Nicole Pappas De Bello on behalf of Bernard L. Madoff (De Bello, Nicole)
|
|
Filing 32
NOTICE OF APPEARANCE by Daniel James Horwitz on behalf of Bernard L. Madoff (Horwitz, Daniel)
|
|
Filing 31
NOTICE OF APPEARANCE by Ira Lee Sorkin on behalf of Bernard L. Madoff (Sorkin, Ira)
|
|
Filing 30
ENDORSED LETTER addressed to Judge Louis L. Stanton from Marc Litt dated 3/16/2009 re: The U.S. Attorney respectfully requests that the Court direct that this letter be docketed. ENDORSEMENT: To The Clerk of the Court: Please docket and place this document in the public file. (Signed by Judge Louis L. Stanton on 3/16/2009) (jpo)
|
|
Filing 28
LETTER addressed to Judge Louis L. Stanton from David J. Sheenan dated 3/9/09 re: Counsel writes this letter as a response of Irving H. Picard, the Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC ("BLMIS"), to the Courts Order of March 2, 2009. For the reasons set forth in this letter, counsel agrees with the Receiver that his continued role is not required. (mme)
|
|
Filing 27
LETTER addressed to Judge Louis L. Stanton from Marc Lin dated 3/9/09 re: Counsel writes this letter in response to the February 26, 2009 Report of the Receiver Lee S. Richards and Application to Terminate the Receivership (the "Receiver's Report & Application"). Accordingly, the U.S. Attorney requests that that the Court direct that this letter be docketed. (mme)
|
|
Filing 26
MEMORANDUM OF LAW in Support re: 20 Status Report, 21 Order, Set Deadlines,,,,,,,,,,. Document filed by Securities and Exchange Commission. (Vasilescu, Alexander)
|
|
Filing 29
STIPULATED ORDER PARTIALLY LIFTING THE FREEZE ON DEFENDANT BERNARD L. MADOFF'S ASSETS It is hereby agreed and stipulated, that, notwithstanding any prior law of this case or prior order of this Court, Madoff, and each of his financial and brokerage institutions, agents, servants, employees, attorneys and those persons in active concert or participation with him, are hereby relieved from the Asset Freeze to the extent needed to cooperate with the Trustee in transferring, pledging or assigning, or causing to be transferred, pledged or assigned, to or for the benefits of the trustee, assets, funds or other property (including money, real or personal property, territories, securities commodities, choses in action or other property of any kind whatsoever) of, held by, or under the direct control of, Madoff, whether held in the name of Madoff, BLMIS, Madoff International, or Madoff Ltd., or for the direct or indirect beneficial interest of Madoff, wherever situated, in whatever form such assets may presently exist and wherever located. (Signed by Judge Louis L. Stanton on 3/2/09) (mme)
|
|
Filing 25
LETTER addressed to Judge Louis L. Stanton from John J. Carney dated 3/2/09 re: Counsel writes on behalf of Irving Picard, trustee for the liquidation of Bernard L. Madoff Investment Securities, LLC (the "Trustee"). Counsel requests that this Court order relief from its freeze orders entered in the above referenced matter as described in this letter. (mme)
|
|
Filing 24
LETTER addressed to Judge Louis L. Stanton from Sharon E. Frase dated 3/1/09 re: Counsel asks that the Court issue the enclosed proposed order (the Relief Order) finding that actions taken under the federal forfeiture laws by the USAO, the Federal Bureau of Investigation ("FBI"), the U.S. Marshals Service ("USMS"), and their employees and agents (collectively, the "Prosecutor"), with respect to Madoff's property as defined in this letter, shall not constitute a violation of any of the following restraints set forth in the December 12, 2008 Order to Show Cause, Temporary Restraining Order and Order Freezing Assets and Granting Other Relief ("TRO"); the December 18, 2008 Order on Consent Imposing Preliminary Injunction, Freezing Assets and Granting Order Relief Against Defendants ("Preliminary Injunction"); and the February 9, 2009 Partial Judgment on Consent Imposing Permanent Injunction and Continuing Other Relief ("Permanent Injunction") entered by the Court in the above-captioned civil action against Madoff and BLMIS. USAO requests that the Prosecutor be exempted from those provisions with respect to any and all of the Madoff Property. The actions excluded from the Restraints would include, but not be limited to, the location, restraint, seizure, forfeiture, sale, transfer, encumbrance, disposal, management, maintenance, containment, negotiation, preservation, removal, storage, distribution, or dissipation of the Madoff Property. As part of the Relief Order, the USAO also requests the Court to direct that the Madoffs and their counsel shall be relieved from the Restraints to the extent needed to cooperate with the Prosecutor regarding the restraint, seizure, and disposition of forfeitable property in accordance with federal law. The USAO also requests, notwithstanding any other provisions of this Order, that the Restraints continue to apply to Ruth Madoff's New York City apartment, her home in Palm Beach. Florida, and the Madoffs' home in Montauk, New York (the "Madoff Homes"), without prejudice to a future application from the USAO for an order excluding from the Restraints any actions taken by the Prosecutor under the forfeiture with respect to the Madoff Homes. (mme)
|
|
Filing 23
ORDER ON CONSENT For the reasons set forth in this order, it is hereby ordered, that the Prosecutor's forfeiture-related activity with respect to the Madoff Property shall not constitute a violation of the Restraints; and it is further ordered that Madoff, Ruth Madoff, and their counsel are relieved from Restraints to the extent needed to cooperate with the Prosecutor regarding the restraint, seizure, and disposition of the Madoff property in accordance with federal law; and it is further ordered that, notwithstanding any other provisions of this Order, the Restraints will continue to apply to the Madoff Homes without prejudice to a future application from the USAO for an order excluding from the Restraints any actions taken by the Prosecutor under the forfeiture with respect to the Madoff homes. (Signed by Judge Louis L. Stanton on 3/2/09) (mme)
|
|
Filing 22
STIPULATED ORDER PARTIALLY LIFTING THE FREEZE ON DEFENDANT BERNARD L. MADOFF'S ASSETS It is hereby agreed and stipulated, that, notwithstanding any prior law of this case or prior order of this Court, Madoff, and each of his financial and brokerage institutions, agents, servants, employees, attorneys and those persons in active concert or participation with him, are hereby relieved from the Asset Freeze to the extent needed to cooperate with the Trustee in transferring, pledging or assigning, or causing to be transferred, pledged or assigned, to or for the benefit of the Trustee, assets, funds or other property (including money, real or personal property, securities, commodities, choses in action or other property of any kind whatsoever) of, held by, or under the direct control of, Madoff, whether held in the name of Madoff, BLMIS, Madoff International, or Madoff Ltd., or for the direct or indirect beneficial interest of Madoff, wherever situated, in whatever form such assets may presently exist and wherever located. (Signed by Judge Louis L. Stanton on 3/2/09) (mme)
|
|
Filing 21
ORDER re: 20 Status Report, filed by Lee Richards, On or before noon Monday, March 9, 2009, each of the Securities and Exchange Commission, the SIPA Trustee, the United States Attorney for the Southern District of New York and defendants in this action, or their attorneys, shall serve and file responses to the February 26, 2009 Report of the Receiver Lee S. Richards and Application to Terminate the Receivership ("Report & Application") including whether they support or oppose relief requested by the Receiver, their agreement or disagreement that "(1) the preservation and protection of the assets of MSIL and investigation into the affairs of MSIL would be most efficiently carried out by and through the JPLs, with the active participation of the UK Authorities and the SEC, and (2) the role of the Receiver is no longer necessary," Report & Application at 13-14, and their view, if any, of the effect termination of the receivership will have on the cooperation directed by paragraph two and three of the December 19, 2008 Order of the High Court of Justice, Chancery Division, Companies Court, in the Matter of Madoff Securities International Limited and In the Matter of the Insolvency Act of 1986, annexed as Exhibit B to the Report & Application. (Signed by Judge Louis L. Stanton on 3/2/09) (mme)
|
|
Filing 20
STATUS REPORT. : Report Of The Receiver Lee S. Richards And Application To Terminate The Receivership Document filed by Lee Richards. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service)(Zinman, Daniel)
|
|
Filing 19
Consent of Defendant Bernard L. Madoff To Partial Judgment (re document #18). Document filed by Bernard L. Madoff. (cd)
|
|
Filing 18
PARTIAL JUDGMENT ON CONSENT IMPOSING PERMANENT INJUNCTION AND CONTINUING OTHER RELIEF in favor of Securities and Exchange Commission against Bernard L. Madoff Investment Securities, LLC, Bernard L. Madoff. Defendant Madoff, and each of his partners, agents, servants et al are permanently enjoined from directly or indirectly, singly or in concert, in the offer, purchase or sale of any security by use of any means or instruments of transportation or communication in interstate commerce or by use of the mails re employing any device, scheme or artifice to defraud, and as further set forth in this document....That the Consent of Defendant Bernard L. Madoff to a Partial Judgment, filed herewith is incorporated herein with the same force and effect as if fully set forth herein, and that Defendant Madoff shall comply with all of the undertakings and agreements set forth therein. (Signed by Judge Louis L. Stanton on 2/9/09) (cd)
|
|
Filing 17
ENDORSED LETTER addressed to Judge Louis L. Stanton from Joon P. Hong dated 1/23/2009 re: Requesting that the Court grant a one month extension with respect to receivers report. ENDORSEMENT: On consent of the SEC, this application is granted. So ordered. (Signed by Judge Louis L. Stanton on 1/26/2009) (jpo)
|
|
Filing 16
WAIVER OF SERVICE RETURNED EXECUTED. Bernard L. Madoff waiver sent on 12/11/2008, answer due 2/9/2009. Document filed by Securities and Exchange Commission. (Krishnamurthy, Preethi)
|
|
Filing 15
MEMORANDUM OF LAW in Support re: 3 Order to Show Cause,,,,,,,,,,. Document filed by Securities and Exchange Commission. (Krishnamurthy, Preethi)
|
|
Filing 14
DECLARATION of Alexander M. Vasilescu in Support re: 3 Order to Show Cause,,,,,,,,,,. Document filed by Securities and Exchange Commission. (Attachments: # 1 Exhibit)(Krishnamurthy, Preethi)
|
|
Filing 13
NOTICE OF CHANGE OF ADDRESS by Israel E. Friedman on behalf of Securities and Exchange Commission. New Address: Securities and Exchange Commission, New York Regional Office, 3 World Financial Center, Room 400, New York, New York, USA 10281, 212-336-0090. (Friedman, Israel)
|
|
Filing 12
LETTER addressed to Judge Louis L. Stanton from Walter Burberry dated undated re: seeks advisement as to application process for said recovery of funds. (djc)
|
|
Filing 11
LETTER addressed to Judge Louis L.Stanton from Daniel R. and Suzanne K. Goldenson dated 12/17/08 re: Extension of SIPC Protection to Madoff "Feeder Fund" Investors. (djc)
|
|
Filing 10
LETTER addressed to Mr. Burberry from Matthew Daly, Law Clerk to Judge Louis L. Stanton, dated 12/24/08 re: in response to letter of Decemer 16, 2008. (djc) (djc).
|
|
Filing 9
LETTER addressed to Mr. & Mrs. Goldenson from Chambers of Judge Louis L. Stanton dated 12/24/08 re: Extension of SIPC Protection to Madoff" Feeder Fund" Investors. (djc)
|
|
Filing 8
ORDER ON CONSENT IMPOSING PRELIMINARY INJUNCTION, FREEZING ASSETS AND GRANTING OTHER RELIEF AGAINST DEFENDANTS: Pending a final disposition of this action, Defendants, and each of their partners, agents, servants, employees, and attorneys, and those persons in active concert or participation with them who receive actual notice of this Order by personal service, facsimile service, telephonic notice, notice by e-mail or otherwise, are preliminarily enjoined from, directly or indirectly, singly or in concert, in the offer, purchase or sale of any security, by use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, as set forth herein. It is further ordered that Lee Richards. Esq., of Richards Kibbe & Orbe LLP, continues as the appointed receiver for the assets of Madoff Securities International Ltd. ("Madoff International"), Madoff Ltd., and any other broker-dealer, market making, or investment advisory businesses (the "Foreign Entities") not located in the United States of America that are owned or controlled, in whole or in part, by Madoff, BMIS and their partners, agents, employees, attorneys, or other professionals, anyone acting in concert with them or on their behalf, and any third party, as set forth herein. Consent of Defendants to Preliminary Injunction Order filed herewith is incorporated herein with the same force and effect as if fully set forth herein, and that Defendants shall comply with all of the undertakings and agreements set forth therein. (Signed by Judge Louis L. Stanton on 12/18/2008) (jpo) (Additional attachment(s) added on 12/19/2008: # 1 CONSENT OF DEFENDANT BERNARLD L. MADOFF TO PRELIMINARY INJUNCTION ORDER, # 2 Consent of SIPC Trustee to Preliminary Injunction Order) (jpo).
|
|
Filing 7
CONSENT of Defendant, Bernard L. Madoff Investment Securities LLC,admits to the jurisdiction of this Court over it and over the subject matter of this action. (rw) (rw).
|
|
Filing 6
MEMORANDUM OF LAW in Support re: 5 MOTION The Securities Investor Protection Corporation. Document filed by Securities and Exchange Commission. (rw) (rw).
|
|
Filing 5
MOTION Of The Securities Investor Protection Corporation. Document filed by Securities and Exchange Commission.(rw) (rw).
|
|
Filing 4
ORDER; ORDERED, ADJUDGED and DECREED that the customers of the Defendant, Bernard L. Madoff Investment Securities LLC, are in need of the protection afforded by the Securities Investor Protection Act of 1970, as amended ("SIPA", 15 U.S.C. §78aaa et seq.); that pursuant to 15 U.S.c. §78eee(b)(3), Irving H. Picard, Esquire is appointed trustee for the liquidation of the business of the Defendant with all the duties and powers of a trustee as prescribed in SIPA, and the law firm of Baker & Hostetler LLP is appointed counsel for the trustee. The trustee shall file a fidelity bond satisfactory to the Court in the amount of $250,000.00; that all persons and entities are stayed, enjoined and restrained from directly or indirectly removing, transferring, setting off, receiving, retaining, changing, selling, pledging, assigning or otherwise disposing of, withdrawing or interfering with any assets or property owned, controlled or in the possession of the Defendant, including but not limited to the books and records of the Defendant, and customers' securities and credit balances, except for the purpose of effecting possession and control of said property by the trustee; that pursuant to 15 U.S.C. §78eee(b)(2)(B)(i), any pending bankruptcy, mortgage foreclosure, equity receivership or other proceeding to reorganize, conserve or liquidate the Defendant or its property and any other suit against any receiver, conservator or trustee of the Defendant or its property, is stayed; that pursuant to 15 U.S.C. §78eee(b)(4), this liquidation proceeding is removed to the United States Bankruptcy Court for the Southern District of New York; that the trustee is authorized to take immediate possession of the property of the Defendant, wherever located, including but not limited to the books and records of the Defendant, and to open accounts and obtain a safe deposit box at a bank or banks to be chosen by the trustee, and the trustee may designate such of his representatives who shall be authorized to have access to such property. (Signed by Judge Louis L. Stanton on 12/15/08) (ae)
|
|
Filing 3
ORDER TO SHOW CAUSE, TEMPORARY RESTRAINING ORDER, AND ORDER FREEZING ASSETS AND GRANTING OTHER RELIEF filed by Securities and Exchange Commission. Defendants Madoff and BMIS shall show cause: 1. directing Madoff and BMIS to show cause why an order should not be entered pending a final disposition of this action:(a) preliminarily enjoining Defendants from violating Sections 206( 1) and 206(2) of the Investment Advisers Act of 1940 ("Advisers Act"), 15 USC § 80b-6(l) and (2); Section 17(a) of the Securities Act of 1933 ("Securities Act"), 15 USC §§ 77q(a): Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act"), 15 USC §§ 78j(b), and Exchange Act Rule 10b-5, 17 CFR § 240.10b-5. (b) directing Defendants to provide a verified accounting immediately, including, but not limited to, a verified written accounting of Madoffs interests in BMIS and all other entities owned, in whole or in part, or controlled by, related to, or associated or affiliated with, Madoff or BMIS; (c) freezing the assets of the Defendants; (d) appointing Lee Richards as receiver for BMIS' assets: (e) prohibiting the destruction, concealment, or alteration of documents by Defendants; and (f) preliminarily enjoining Defendants and their partners, owners, agents, employees, attorneys, or other professionals, anyone acting in concert with them, and any third party from filing a bankruptcy proceeding against the Defendants without filing a motion on at least three (3) days' notice to the Plaintiff, and approval of this Court after a hearing; and (2) pending adjudication of the foregoing, an Order (a) temporarily restraining Defendants from violating the aforementionedstatutes and rules; (b) directing Defendant Madoff to provide a verified accounting immediately, including, but not limited to, a verified written accounting of Madoffs interests in BMIS and all other entities owned, in whole or in part, or controlled by, related to, or associated or affiliated with, Madoff or BMIS; (c) freezing the assets of the Defendants, including, without limitation, the accounts listed on the attached Exhibit A. (d) appointing Lee Richards, Esq., of Richard., Kibbe & Orbe LLP as receiver for the Defendants' asscts, including without limitation Madoff Securities International Ltd. ("Madoff International") and Madoff Ltd. As further set forth in said Order. Show Cause Hearing set for 12/19/2008 at 12:00 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Louis L. Stanton. Show Cause Response due by 12/16/2008. (Signed by Judge Louis L. Stanton on 12/12/08) (db) Modified on 12/12/2008 (db).
|
|
Filing 2
ORDER APPOINTING RECEIVER. Lee Richards of Richards Kibbe & Orbe LLP is appointed Receiver over all the assets and accounts of defendant Bernard L. Madoff Investment Securities LLC, and as further set forth in this document. (Signed by Judge Louis L. Stanton on 12/11/08, 6:42 pm ) (cd)
|
|
Filing 1
COMPLAINT against Bernard L. Madoff, Bernard L. Madoff Investment Securities, LLC. Document filed by Securities and Exchange Commission.(rdz)
|
|
SUMMONS ISSUED as to Bernard L. Madoff, Bernard L. Madoff Investment Securities, LLC. (rdz)
|
|
Magistrate Judge Kevin N. Fox is so designated. (rdz)
|
|
Case Designated ECF. (rdz)
|
|
Minute Entry for proceedings held before Judge Louis L. Stanton: Show Cause Hearing held on 12/11/2008. Court signs order appointing receiver. Matter adjourned until 12/12/08 at 12:00 p.m. (mro)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
