SEC v. Madoff Docket

Sunday, January 11, 2009

01/08/09 -- Document 15

MEMORANDUM OF LAW in Support re: Order to Show Cause,,,,,,,,,,. Document filed by Securities and Exchange Commission.

01-08-09 -- Document 14

DECLARATION of Alexander M. Vasilescu in Support re: Order to Show Cause,,,,,,,,,,. Document filed by Securities and Exchange Commission. (Attachments: # 1 Exhibit)

Thursday, January 1, 2009

NOTICE OF CHANGE OF ADDRESS by Israel E. Friedman on behalf of Securities and Exchange Commission. New Address: Securities and Exchange Commission, New York Regional Office, 3 World Financial Center, Room 400, New York, New York, USA 10281, 212-336-0090.

12/29/08 -- Document 12

LETTER addressed to Judge Louis L. Stanton from Walter Burberry dated undated re: seeks advisement as to application process for said recovery of funds.

12/29/2008 -- Document 11

LETTER addressed to Judge Louis L.Stanton from Daniel R. and Suzanne K. Goldenson dated 12/17/08 re: Extension of SIPC Protection to Madoff "Feeder Fund" Investors

12/29/08 -- Document 10

LETTER addressed to Mr. Burberry from Matthew Daly, Law Clerk to Judge Louis L. Stanton, dated 12/24/08 re: in response to letter of Decemer 16, 2008.

12/29/08 -- Document 9

LETTER addressed to Mr. & Mrs. Goldenson from Chambers of Judge Louis L. Stanton dated 12/24/08 re: Extension of SIPC Protection to Madoff" Feeder Fund" Investors

Sunday, December 28, 2008

12/18/2008 - Document 8

ORDER ON CONSENT IMPOSING PRELIMINARY INJUNCTION, FREEZING ASSETS AND GRANTING OTHER RELIEF AGAINST DEFENDANTS: Pending a final disposition of this action, Defendants, and each of their partners, agents, servants, employees, and attorneys, and those persons in active concert or participation with them who receive actual notice of this Order by personal service, facsimile service, telephonic notice, notice by e-mail or otherwise, are preliminarily enjoined from, directly or indirectly, singly or in concert, in the offer, purchase or sale of any security, by use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, as set forth herein. It is further ordered that Lee Richards. Esq., of Richards Kibbe & Orbe LLP, continues as the appointed receiver for the assets of Madoff Securities International Ltd. ("Madoff International"), Madoff Ltd., and any other broker-dealer, market making, or investment advisory businesses (the "Foreign Entities") not located in the United States of America that are owned or controlled, in whole or in part, by Madoff, BMIS and their partners, agents, employees, attorneys, or other professionals, anyone acting in concert with them or on their behalf, and any third party, as set forth herein. Consent of Defendants to Preliminary Injunction Order filed herewith is incorporated herein with the same force and effect as if fully set forth herein, and that Defendants shall comply with all of the undertakings and agreements set forth therein. (Signed by Judge Louis L. Stanton on 12/18/2008) (jpo) (Additional attachment(s) added on 12/19/2008: CONSENT OF DEFENDANT BERNARLD L. MADOFF TO PRELIMINARY INJUNCTION ORDER, Consent of SIPC Trustee to Preliminary Injunction Order)

12/15/2008 - Document 7

CONSENT of Defendant, Bernard L. Madoff Investment Securities LLC,admits to the jurisdiction of this Court over it and over the subject matter of this action.

12/15/2008 - Document 6

MEMORANDUM OF LAW in Support re: 5 MOTION The Securities Investor Protection Corporation. Document filed by Securities and Exchange Commission.

12/15/2008 - Document 5

MOTION Of The Securities Investor Protection Corporation. Document filed by Securities and Exchange Commission.

12/15/2008 - Document 4

ORDER; ORDERED, ADJUDGED and DECREED that the customers of the Defendant, Bernard L. Madoff Investment Securities LLC, are in need of the protection afforded by the Securities Investor Protection Act of 1970, as amended ("SIPA", 15 U.S.C. §78aaa et seq.); that pursuant to 15 U.S.c. §78eee(b)(3), Irving H. Picard, Esquire is appointed trustee for the liquidation of the business of the Defendant with all the duties and powers of a trustee as prescribed in SIPA, and the law firm of Baker & Hostetler LLP is appointed counsel for the trustee. The trustee shall file a fidelity bond satisfactory to the Court in the amount of $250,000.00; that all persons and entities are stayed, enjoined and restrained from directly or indirectly removing, transferring, setting off, receiving, retaining, changing, selling, pledging, assigning or otherwise disposing of, withdrawing or interfering with any assets or property owned, controlled or in the possession of the Defendant, including but not limited to the books and records of the Defendant, and customers' securities and credit balances, except for the purpose of effecting possession and control of said property by the trustee; that pursuant to 15 U.S.C. §78eee(b)(2)(B)(i), any pending bankruptcy, mortgage foreclosure, equity receivership or other proceeding to reorganize, conserve or liquidate the Defendant or its property and any other suit against any receiver, conservator or trustee of the Defendant or its property, is stayed; that pursuant to 15 U.S.C. §78eee(b)(4), this liquidation proceeding is removed to the United States Bankruptcy Court for the Southern District of New York; that the trustee is authorized to take immediate possession of the property of the Defendant, wherever located, including but not limited to the books and records of the Defendant, and to open accounts and obtain a safe deposit box at a bank or banks to be chosen by the trustee, and the trustee may designate such of his representatives who shall be authorized to have access to such property. (Signed by Judge Louis L. Stanton on 12/15/08)

12/12/2008 - Document 3

ORDER TO SHOW CAUSE, TEMPORARY RESTRAINING ORDER, AND ORDER FREEZING ASSETS AND GRANTING OTHER RELIEF filed by Securities and Exchange Commission. Defendants Madoff and BMIS shall show cause: 1. directing Madoff and BMIS to show cause why an order should not be entered pending a final disposition of this action:(a) preliminarily enjoining Defendants from violating Sections 206( 1) and 206(2) of the Investment Advisers Act of 1940 ("Advisers Act"), 15 USC § 80b-6(l) and (2); Section 17(a) of the Securities Act of 1933 ("Securities Act"), 15 USC §§ 77q(a): Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act"), 15 USC §§ 78j(b), and Exchange Act Rule 10b-5, 17 CFR § 240.10b-5. (b) directing Defendants to provide a verified accounting immediately, including, but not limited to, a verified written accounting of Madoffs interests in BMIS and all other entities owned, in whole or in part, or controlled by, related to, or associated or affiliated with, Madoff or BMIS; (c) freezing the assets of the Defendants; (d) appointing Lee Richards as receiver for BMIS' assets: (e) prohibiting the destruction, concealment, or alteration of documents by Defendants; and (f) preliminarily enjoining Defendants and their partners, owners, agents, employees, attorneys, or other professionals, anyone acting in concert with them, and any third party from filing a bankruptcy proceeding against the Defendants without filing a motion on at least three (3) days' notice to the Plaintiff, and approval of this Court after a hearing; and (2) pending adjudication of the foregoing, an Order (a) temporarily restraining Defendants from violating the aforementionedstatutes and rules; (b) directing Defendant Madoff to provide a verified accounting immediately, including, but not limited to, a verified written accounting of Madoffs interests in BMIS and all other entities owned, in whole or in part, or controlled by, related to, or associated or affiliated with, Madoff or BMIS; (c) freezing the assets of the Defendants, including, without limitation, the accounts listed on the attached Exhibit A. (d) appointing Lee Richards, Esq., of Richard., Kibbe & Orbe LLP as receiver for the Defendants' asscts, including without limitation Madoff Securities International Ltd. ("Madoff International") and Madoff Ltd. As further set forth in said Order. Show Cause Hearing set for 12/19/2008 at 12:00 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Louis L. Stanton. Show Cause Response due by 12/16/2008. (Signed by Judge Louis L. Stanton on 12/12/08). Modified on 12/12/2008

12/12/2008 - Document 2

ORDER APPOINTING RECEIVER. Lee Richards of Richards Kibbe & Orbe LLP is appointed Receiver over all the assets and accounts of defendant Bernard L. Madoff Investment Securities LLC, and as further set forth in this document. (Signed by Judge Louis L. Stanton on 12/11/08, 6:42 pm ).