Académique Documents
Professionnel Documents
Culture Documents
Initial Shock
Bernard Madoff is arrested on one count of securities fraud
for allegedly operating a multi billion dollar Ponzi scheme on December 11, 2008, one day after he confesses to his sons. questions that will impact the rest of their lives Are there any securities left in their accounts Will SIPC be there to provide immediate funds Are any assets left at Madoffs rm, if so, how long to
accumulate assets, and who gets compensated What action will the government take assist investors
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Source: www.madofftrustee.com
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Grim Reality
Shocked investors starved for information seek answers to
questions that will impact the rest of their lives Are there any securities left in their accounts?
Will SIPC be there to provide immediate funds?
Indirect investors (those invested through feeder funds, funds of funds,
and self-directed retirement vehicles) are determinedby the Trustee not to be customers. Some direct investors ultimately receive funds (though hardly immediate) but all account statements are ignored by the Trustee.
Are any assets left at Madoffs rm, if so, how long to accumulate
assets, and who gets compensated? Any remaining assets estimated to be work several hundred million
dollars, may become available through litigation, but this could take years.
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Victims Groups
Who are the members
Anyone who invested with Madoff either directly or
indirectly through feeder funds Proof of investment required (to exclude press and attorneys
Share information Solicit members who are willing to talk to the press Organize multiple congressional letter writing
campaigns Organize members when events occur
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line forum for Madoff victims, using the Google Groups platform. NIAP (Network for Investor Action and Protection) was formed in
late 2009 as a 501 c3 and 501 c4 (which allows for lobby efforts). The book The Club that No One Wanted to Join was born of that group. Both work to educate the investing public about the risks associated with investing in the securities industry, details of the Madoff situation, and to secure legislative action to ensure fairness for all ponzi scheme victims. NIAP has been working with a DC lobbying rm working probono to assist in legislative initiative on the hill.
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Media forums and information sessions Frequent electronic and media interviews Website development to share information with
investors, the public and the press
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Many pieces of legislation have been put forward by well-meaning (?) legislators. Hearings are held, legislators grandstand for cameras, but not one bill has left Committee
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Government Assistance
Madoff fraud victims and other victims of Ponzi
schemes enjoyed a rare but welcomed ruling:
In March 2009, the IRS Commissioner approved Rev Proc.
2009 -- a safe harbor treatment for investments that were then deemed to be fraudulent This allows Ponzi crime victims to recover 5 years of back taxes paid on those fact 1099s but ONLY ve years.
returns were amended and refund claims to the IRS for theft losses increased by some 300 million. Thus the broker-dealer community's responsibility was passed on to the American taxpayer and the states Departments of Revenue.
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The Club no One Wanted to Join Madoff Victims in Their Own Words pgs. 214 215
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HR 6659
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12/20/2012
Garrett NJ
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CONTRACTS Adds claims for commodity futures contracts where now none exists There is currently no protection in place as the customers of
MF Global are painfully aware.
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TIMING OF SIPC ADVANCES SIPA calls for timely payouts in fact, timely occurs 7 times in the statute.
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APPOINTMENT OF TRUSTEES
Provide a list of qualied candidates to the Court who will make
the nal decision. As it stands, SIPC chooses the same trustees over and over.
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And we all should be very concerned about the safety of our investments Now and in the future.
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Legislation
Cong Scott Garrett (R-NJ) has been the most
active.
Working with NIAP and the lobby rm, he has written
letters and demanded answers from the SEC and SIPC and caused the General Accounting Office to undertake an investigation into SIPC.
Whats ahead?
NIAP is now partnered with the Stanford Victims Coalitions there is strength in numbers.
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Network for Investor Action & Protection http://www.investoraction.org/ Investor Protection Channel on YouTube www.tinyurl.com/InvestorProtection Google tp1murray Email tp1murray@me.com
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