Bernard Madoff

Irving Picard

Rack up another win for trustee Irving Picard, the partner at Baker Hostetler who’s cleaning up the Bernard Madoff mess. On Friday, Picard and Preet Bharara, the headline-making U.S. attorney for the Southern District of New York, announced a $7.2 billion settlement with the estate of Jeffry Picower (no it’s not spelled “Jeffrey”).

Picower, a successful investor and prominent philanthropist, earned billions — both real, through investing with Goldman Sachs, and fictional, through investing with Madoff — before he died in October 2009. Picower was found dead in the swimming pool of his home in Palm Beach, apparently after suffering a heart attack (a plot device familiar to viewers of Brothers & Sisters and The OC). If he had held on until January 2010, Picower would have avoided the estate tax.

Of the $7.2 billion settlement, $5 billion will go to Picard, to settle the complaint he filed against Picower in bankruptcy court, and $2.2 billion will go to the Department of Justice — the largest civil forfeiture payment in U.S. history. All of this money will eventually find its way to qualifying Madoff victims.

Based on monies collected to date, what kind of recovery might Madoff’s victims be looking at?

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Morning Docket: 12.14.10

* A lawyer named Conn created a 3D commercial for potential clients. Too bad his target audience will be purchasing new hips before 3D televisions. [Florida Times-Union]

* Normally, you’d end up in the doghouse if you didn’t attend a loved one’s funeral, but Bernie Madoff’s throwing his family a bone on this one. [DealBook / New York Times]

* “And then I felt a sharp jabbing pain into my rectum.” That’s what she said. Actually, that’s what he said. What’s with the NYPD and sodomy? [Wall Street Journal]

* Another day, another “Don’t Ask, Don’t Tell” lawsuit. Yes, I just totally dropped a DADT bomb after a story about sodomy. I went there, that happened. [Washington Post]

* You’d think that the Calorie Commando would hire some healthier hobos to kill his wife, but these guys just wanted pizza, beer, and tequila. [CNN]

* You better not question Rahmbo’s amended 2009 tax return. He will f**king end you. You will never even see it coming, motherf**ker. [NBC Chicago]

Morning Docket: 12.13.10

* Hiscock & Barclay cut Andrew Cuomo a $45K check and one of the firm’s lawyers got a deal. Does pay-to-play go both ways in New York? [New York Daily News]

* John du Pont: millionaire, maniac, murderer… miracle worker? He died just in time to avoid the return of the 55% IRS death tax. [Los Angeles Times; TaxProf Blog]

* I ❤ boobies, you ❤ boobies, but this school thinks that they’re lewd. Come on, even the New York Times ❤s boobies. [Legal Intelligencer]

* Calling a client a “cheap lunatic” isn’t a very good idea, especially when your firm is overcharging by $540K. Just ask Goodwin Procter. [Boston Globe]

* Time to find a new fetish to deposit in your spank banks, sickos, because animal crush videos have been banned (again). [CNN Politics]

* Despite Mark Madoff’s suicide, Irving Picard still has him on a short leash is pursuing litigation against the Madoffs. All clawback lawsuits against the family will continue to move ahead. [Wall Street Journal]

Mark Madoff, R.I.P.

Mark Madoff, the oldest of Bernard Madoff’s two sons, committed suicide on Saturday, by hanging himself in his Manhattan apartment. Saturday was a significant day: the second anniversary of Bernie Madoff’s arrest for running a multibillion-dollar Ponzi scheme.

Mark Madoff’s lawyer, prominent Paul Weiss partner Martin Flumenbaum, issued a statement yesterday: “Mark Madoff took his own life today. This is a terrible and unnecessary tragedy…. [Mark Madoff was] an innocent victim of his father’s monstrous crime who succumbed to two years of unrelenting pressure from false accusations and innuendo.”

Flumenbaum wasn’t the only powerful Paul Weiss personage named “Martin” with involvement in this case. Mark Madoff’s body was actually found by legendary litigator Martin London, a longtime partner at the firm who is now of counsel at PW.

As noted on his Paul Weiss website bio, “[t]he gamut of Mr. London’s successes is vast.” But his experience is primarily on the civil side, with occasional forays into white-collar criminal work. His docket generally doesn’t include violence and death; he’s not the kind of lawyer who sees dead people (e.g., a homicide prosecutor).

So how did Marty London come to find Mark Madoff’s body?

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Bernie Madoff has been sentenced to 150 years.

Judge Denny Chin said that the sentence was necessary to deter other people from entering into these kinds of schemes.

The Judge apparently said that he was struck that there was no letter written in support of Bernie Madoff. On the other hand, the judge received 141 pages of letters from Madoff victims.

Madoff allegedly said:

They have accused me and my wife of not being sympathetic. She cries every night, I am also tormented.

Umm … crying doesn’t make you sympathetic. I think instead of turning on the waterworks, Madoff should try not stealing billions of dollars.

But Madoff did apparently say: “I am sorry.”

But the pitchfork rally doesn’t have to end here. Next up: what prison will Madoff be heading to? A “club-fed” facility, or someplace where Madoff might expect “more bareback.”

For extensive and ongoing coverage of L’Affaire Madoff, surf over to our sister site, Dealbreaker.

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