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Convicted Ponzi-Schemer Madoff To Learn Fate Monday
Lawyer Blog News | 2009/06/29 15:36

Convicted Ponzi-scheme operator Bernard Madoff will learn Monday morning whether he'll spend the rest of his life behind bars for running a decades-long swindle that bilked thousands of investors out of billions of dollars.

Madoff, who admitted in March to orchestrating one of the largest and longest-running white-collar frauds in recent memory, is set to be sentenced at a hearing before U.S. District Judge Denny Chin in Manhattan at 10 a.m. EDT Monday.

Prosecutors from the U.S. Attorney's office in Manhattan have asked for the statutory maximum of 150 years or a sentence that will effectively guarantee the 71-year-old Madoff spends the rest of his life in prison.

"He engaged in wholesale fraud for more than a generation; his so-called 'investment advisory' business was a fraud; his frauds affected thousands of investors in the United States and worldwide; and he repeatedly lied under oath and filed false documents to conceal his fraud," Assistant U.S. Attorneys Mark Litt and Lisa Baroni said in a court documents last week. "The scope, duration and nature of Madoff's crimes render him exceptionally deserving of the maximum punishment allowed by law."

Ira Sorkin, Madoff's lawyer, has asked for a sentence of as little as 12 years in prison, citing Madoff's potential life expectancy of 13 years. In the alternative, he's asked for a sentence of 15 years to 20 years in prison.

On March 12, Madoff was ordered directly to jail after pleading guilty to 11 criminal charges, including money laundering and multiple counts of fraud, in a Ponzi scheme that prosecutors claim stretched back to the 1980s. Madoff himself has said the fraud began in 1990s during a recession.



Court order seeks to strip Madoff of $171 billion
Lawyer Blog News | 2009/06/29 10:35
Bernard Madoff would be stripped of all his possessions under a $171 billion forfeiture order handed down only days before prosecutors seek to put the disgraced financier away in prison for the rest of his life.

U.S. District Judge Denny Chin entered the preliminary order Friday, ruling that Madoff must give up his interests in all property, including real estate, investments, cars and boats.

The forfeiture represents the total amount that could be connected to Madoff's fraud, not the amount stolen or lost, and the order made clear that nothing prevents other departments or entities from seeking to recover additional funds.

A call to Madoff's lawyer, Ira Sorkin, after hours Friday was not immediately returned. In a court filing in March, Sorkin said the government's forfeiture demand of $177 billion was "grossly overstated — and misleading — even for a case of this magnitude."

The 71-year-old Madoff pleaded guilty in March to charges that his exclusive investment advisory business was actually a massive Ponzi scheme. Federal prosecutors say Madoff orchestrated perhaps the largest financial swindle in history.

Acting U.S. Attorney Lev Dassin, who released a copy of the order Friday night, plans to seek a 150-year prison term at Madoff's sentencing Monday. Sorkin has argued in court papers for a 12-year term.

According to Friday's order, the government also settled claims against Madoff's wife. Under the arrangement, the government obtained Ruth Madoff's interest in all property, including more than $80 million-worth that she had claimed was hers, prosecutors said. The order left her $2.5 million in assets.



Court: AG must go to court to probe nat'l banks
Lawyer Blog News | 2009/06/29 10:34
The Supreme Court says state attorneys general can't issue their own subpoenas in investigations against national banks. However, the high court in a decision on Monday said that an attorney general can get a court to issue subpoenas in an investigation into those financial institutions.

The state of New York wanted the Supreme Court to overturn a federal appeals court decision that blocks states from investigating the lending practices of national banks with branches within its borders. It was supported by the other 49 states.



Legal, insurance fees mounting for Metro
Lawyer Blog News | 2009/06/26 15:23

The deadly Metro crash that killed nine people and injured more than 70 is already having a financial effect on the transit system, with legal fees and insurance premiums mounting.

The first of what is expected to be many lawsuits was filed two days after Monday’s crash, with the parents of 15-year-old Davonne Flanagan, who broke a leg, seeking $950,000 from the transit system because of what the suit called its negligence in maintenance and personnel training.

Washington-area lawyers say they have been contacted about representing other victims, and warn there’s no ceiling for the coming onslaught of claims.

“At a minimum, for each of the decedents there will be a nexus of $1 million a piece on them - and that’s conservative,” said lawyer Manuel R. Geraldo, who has been practicing law locally for 30 years.

The District, where the crash occurred, has no cap on damages for personal injury cases, making the cases potentially costly, said Frank Kearney, a D.C. lawyer. Had the crash occurred just a short distance away in Maryland, he said, Metro’s liability in the personal injury cases would be capped at $200,000.

Once the Metro cases go to court, District judges must decide whether Metro is liable and how much money plaintiffs deserve.

“It clearly looks like liability will not be in dispute,” Geraldo said. “The argument is going to be over the nature and extent of the injuries.”

But Robert Enderle, a lawyer with Aschcraft & Gerel, said that if it turned out that faulty equipment was to blame for the crash, the Washington Metropolitan Area Transit Authority could try to blame its manufacturers.

Such lawsuits are typically covered by insurance coverage. But Metro’s board learned Thursday the transit system’s insurance policy was set to expire at midnight Tuesday. Normally the agency would have been able to renew the policy with set costs, but Chief Financial Officer Carol Kissal said the crash would end those rates and bring on higher but yet to be determined insurance premiums.



Supremacist blogger accused of threatening judges
Lawyer Blog News | 2009/06/25 15:20
A white supremacist blogger was arrested at his New Jersey home Wednesday and charged with threatening to assault or murder three Chicago-based judges who refused to overturn local ordinances banning handguns.

Hal Turner, 47, a former Internet radio talk show host, was taken into custody by FBI agents who went to his North Bergen home with a search warrant, according to the U.S. attorney's office.

Prosecutors quoted a Turner Internet posting as saying: "Let me be the first to say this plainly: These judges deserve to be killed."

The posting included a map showing the Everett Dirksen Federal Courthouse, where the three judges are based. It said a map showing the judges' homes would later be added.

The posting also referred to the murder of the mother and husband of Chicago-based federal Judge Joan Humphrey Lefkow in February 2005 — a crime that sent shock waves across the nation.

"Apparently, the 7th U.S. Circuit Court didn't get the hint after those killings," the posting said. "It appears another lesson is needed."

U.S. Attorney Patrick J. Fitzgerald announced the arrest, stressing the importance federal officials placed on the case.



US Supreme Court issues first ruling to limit Voting Rights Act
Lawyer Blog News | 2009/06/24 16:14

The 8-1 ruling by the US Supreme Court Monday on the Voting Rights Act has been greeted with a mixture of relief and praise from many civil rights groups and liberal commentators. “It’s fair to say this case was brought to tear the heart out of the Voting Rights Act, and today that effort failed,” said Debo Adegbile, lead attorney for the NAACP Legal Defense and Educational Fund.

But a closer examination of the decision and the political context in which it was made reveals that the court has opened the door to gutting the most fundamental US civil rights law, whose passage in 1965 marked a watershed in the struggle against institutionalized racial discrimination.

In Northwest Austin Municipal Utility District Number One v. Holder, a local utility district in Austin, Texas sued the federal government over the constitutionality of Section 5 of the Voting Rights Act, which requires that certain state and local government units apply to the US Department of Justice for “preclearance” before they make any changes in their election rules, including changes in voter registration procedures and electoral district boundaries.

The 1965 law specified nine states and parts of several others, including most of the former Confederacy: Texas, Louisiana, Mississippi, Alabama, Georgia, South Carolina and most of Virginia. Alaska, Arizona and portions of Florida, North Carolina, Michigan, New Hampshire, South Dakota and New York City are also affected, most of the latter because of discrimination against Hispanic and Native American voters. Including all their counties, cities, school districts, utility districts and other governmental entities, a total of some 17,000 jurisdictions are subject to preclearance.



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