by Xinhua Writer Wang Jiangang
NEW YORK, June 28 (Xinhua) -- Bernard Madoff, the
mastermind behind the largest and most sweeping Ponzi scheme ever, is scheduled
to appear in a New York-based U.S. federal court on Monday, facing the
possibility of spending the rest of his in prison.
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Accused swindler Bernard Madoff enters
the Manhattan federal court house in New York, March 12, 2009.(Reuters
File Photo) Photo
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Judge Denny Chin could sentence him to as many as 150
years in federal prison, which is the maximum sentence that Prosecutors with the
U.S. Attorney's office in New York requested, based on the number of Madoff's
victims, the amount of money he stole and the extent of the damage he caused.
Many of his victims were wiped out financially by the
scam and they have sent letters to the judge requesting a life sentence. Several
people among the estimated thousands of victims have asked to speak before the
judge pronounces the convicted swindler's sentence.
Madoff, born on April 29, 1938, is an American former
non-executive chairman of the NASDAQ stock exchange who pled guilty to an
11-count criminal complaint in March, admitting to defrauding thousands of
investors, and was convicted of operating a Ponzi scheme, which federal
prosecutors say, is perhaps the largest financial swindle in history.
Madoff, who was stripped of his property in a legal
action Friday, confessed on March 12 to running a Ponzi scheme that stole
billions of U.S. dollars from thousands of victims. He pleaded guilty to fraud,
money laundering, perjury, false filing with the Securities and Exchange
Commission, and other crimes.
Whether Madoff who mined a large chunk of his
ill-gotten money from fellow members of the elite Palm Beach Country Club is
handed the 12-year sentence that his lawyer is seeking or the maximum 150years
that federal prosecutors are demanding is among the many uncertainties that
still swirl around the case.
Madoff's lawyer Ira Lee Sorkin asked for a 12-year
sentence. In his own letter to the judge, Sorkin explained that his
septuagenarian client isn't likely to outlive his requested sentence by more
than a year.
"Mr. Madoff is currently 71 years old and has an
approximate life expectancy of 13 years," wrote Sorkin. "A prison term of 12
years -- just short of an effective life sentence -- will sufficiently address
the goals of deterrence, protecting the public and promoting respect for the
law."
In his letter, Sorkin described Madoff as
"non-violent," noted his "voluntary surrender" to authorities and complained
about the "desire for a type of mob vengeance" in the victims' impact letters.
In his plea allocution, Madoff stated that he began
his Ponzi scheme in 1991. He admitted he had never made any legitimate
investments with his clients' money during this time, instead he simply
deposited the money into his Chase Manhattan Bank business account.
U.S. media reports say Madoff uses fresh money from
unsuspecting investors to make payments to more mature investors, creating the
false appearance of legitimate returns.
Madoff reportedly sent statements to victims claiming
that their investments had grown several times over, but in actuality he had
stolen, not invested, their money.
Investigators said that Madoff maintained an aura of
exclusivity, while his alleged accomplices courted new investors because they
needed a constant influx of fresh funds. Investigators believe that he had been
running his scam since at least the 1980s until he finally ran out of money in
December 2008,when he admitted the fraud to family members.
In a legal judgment against Madoff, the U.S.
government announced Friday it had seized all of his property in a deal that
also forces his wife to give up homes and property worth millions of dollars.
As part of the judgment, the court papers indicate
that Madoff and his wife Ruth Madoff will give up any claim on nearly 80 million
dollars worth of property, which includes 60 million dollars and three homes: A
Manhattan apartment valued at 7.5 million dollars, a 7 million dollars house in
Montauk, New York, and a 7.45 million dollars home in Palm Beach, Flordia.
Federal prosecutors estimated client losses, which
included fabricated gains, of almost 65 billion dollars. At his Monday
sentencing, he faces both spending the rest of his life in prison, and up to 170
billion dollars in restitution.
Madoff founded the Wall Street firm Bernard L. Madoff
Investment Securities LLC in 1960, and was its chairman until his arrest on
December 11, 2008. The firm was one of the top market maker businesses on Wall
Street, which bypassed "specialist" firms, by directly executing orders over the
counter from retail brokers.
He was said to have confessed to his sons first on
December 10,2008 that the asset management arm of his firm was a giant Ponzi
scheme as he put it, "one big lie." They then passed this information to
authorities. The following day, Federal Bureau of Investigation agents arrested
Madoff and charged him with one count of securities fraud. The SEC conducted
several investigations into Madoff's business practices since 1999, which
critics contend were incompetently handled.
Madoff has two sons, Mark, 45 and Andrew, 42.
Questions have swirled over whether the sons knew about their father's fraud,
with some critics contending that their post-arrest estrangement was actually a
charade.
According to a March 13 filing by Madoff, he and his
wife were worth up to 126 million dollars, plus an estimated 700 million dollars
for the value of his business interest in Bernard L. Madoff Investment
Securities LLC. Other major assets include securities, cash, half-interest in
BLM Air Charter, 2006 Leopard yacht in France, jewelry, Manhattan apartment,
Montauk home, Palm Beach home, Cap d' Antibe, France property, and furniture,
household goods, and art.
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Accused swindler Bernard Madoff exits
the Manhattan federal court house in New York , in this Jan. 14, 2009 file
photo. (Xinhua/Reuters Photo) Photo
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U.S. judge orders Madoff to forfeit
$170 bln
NEW YORK, June 26 (Xinhua) -- A U.S. federal judge ordered
Friday that disgraced financier Bernard Madoff must forfeit all his rights to
assets totaling 170 billion U.S. dollars.
In an agreement with prosecutors approved by District
Judge Denny Chin, Madoff must give up his interests in all property, or 170
billion dollars, the amount prosecutors said flowed through the principal
account of his decades-long fraud. Full story