Madoff victims can only file claims for actual losses

Appeals court said inflated profits were fictitious, Madoff’s attempt to hide scheme

A blow has been dealt to the victims in the ongoing Bernie Madoff saga—this time from an appeals court.

The court ruled yesterday that Madoff’s victims may only file insurance claims for money they actually lost, not the losses shown on fraudulent account statements that Madoff created to cover his illegal activity.

Quick refresher: In December 2008, Madoff was arrested for securities fraud after he masterminded one of the largest and longest-running Ponzi schemes in U.S. history. In the end, he cheated his clients out of between $18 billion and $20 billion, according to the trustee working to recover funds for victims. Madoff pleaded guilty to the charges in 2009 and is currently serving a 150-year sentence.

In 2010, several corporate entities including Jacobson Family Investments filed suit against Madoff’s primary policy holder, National Union Fire Insurance Company, for $50 million in losses. In addition to that, it sued excess coverage policies from several other Madoff insurers.

But an appeals court put the kibosh on the suits when it said the entities couldn’t claim more than $100 million in total losses because the losses reported by Madoff were based on false profits designed to cover his fraudulent activity.

"It is not reasonable to claim that the revelation that an asset, once thought to exist, did not exist, constitutes a 'loss,'" wrote Justice Angela Mazzarelli for a unanimous five-judge panel.

Read more about this story on Thomson Reuters.

For more InsideCounsel stories about the Madoff scandal, see:

Madoff trustee tries to block investor settlement

Former Madoff employee pleads guilty to decades of fraud

Madoff victims receive largest payout yet

Madoff trustee can pay victims $2.4 billion

Madoff trustee asks for $2.4 billion for victims

New York Mets settle with Madoff victims for $162 million

JPMorgan Chase faces $19 billion lawsuit from Madoff victims

Comments

InsideScoop Daily eNewsletter

InsideScoop delivers the latest-breaking news affecting in-house counsel. Get the latest business trends, current corporate litigation, labor developments, technology initiatives and more — FREE. Sign up now!

You have been subscribed! You will receive a confirmation email soon.

See the entire list of InsideCounsel eNewsletters.

Resource Library


Reduce eDiscovery Costs and Risks through Email Disposition

Read this white paper to learn best practices on determining email retention periods with real...

Prepare for the Eventuality of eDiscovery Now and Reap the...

This report presents an overview of eDiscovery implementation challenges organizations may face as well as...

The Fastest and Most Cost-Effective Document Review Available!

Recommind's Predictive Coding is the market's only solution that allows clients the option of reviewing...

Bring the Benefits of Decision Tree Analysis to Your Everyday...

In this on-demand webinar, learn how to counter the challenges of litigation with predictive analytics...

13 Things to do Now to Reduce Risk and Avoid...

We have developed best practices for lowering your e-Discovery costs, shortening the length of your...

7 Simple Strategies for Improving Legal Fee Budgeting Certainty

Understanding the legal fee budgeting paradigm and following seven simple strategies will help you control...

Complimentary White Paper: Best Practices for Meeting Critical eDiscovery Challenges

Packed with practical advice, this white paper discusses best practices for meeting eDiscovery challenges across...

Complimentary White Paper "Key Considerations for Collection Methodologies and Resources"

This white paper addresses the need for companies to reevaluate their current collection policies in...

Moving Matters In-House: How Technology Enables Legal In-Sourcing

Strategically shifting more matters to in-house counsel has proven to be an effective strategy to...

5 Ways to Promote Responsible Content Sharing

Find out five ways that organizations can promote responsible sharing of content among employees by...

View All »

Advertisement. Closing in 15 seconds.