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Reuters General/ ­- Article, Sex, 13 de Abril de 2012<br />

CLIPPING INTERNACIONAL (Supreme Court)<br />

Judge to review moving hundreds of<br />

Madoff cases<br />

By Grant McCool NEW YORK | Fri Apr 13, 2012<br />

5:02pm EDT (Reuters) ­- In the sprawling litigation to<br />

recover money related to Ber<strong>na</strong>rd Madoff's fraud, a<br />

federal judge said he would decide whether a 2011<br />

U.S. Supreme Court ruling prevents a bankruptcy<br />

court from resolving hundreds of lawsuits brought by<br />

the Madoff firm's trustee. Defendants in those cases<br />

have sought to transfer their cases to district court from<br />

bankruptcy court, citing the U.S. Supreme Court<br />

decision involving the estate of former Playboy model<br />

An<strong>na</strong> Nicole Smith that limited the power of bankruptcy<br />

judges to review claims. In an order published Friday,<br />

U.S. District Judge Jed Rakoff said he will review how<br />

that decision affects cases brought by the trustee,<br />

Irving Picard, against people he believes benefited<br />

improperly from Madoff's fraud. Rakoff consolidated<br />

341 cases in his order and gave the defendants until<br />

June 11 to appoint lead counsel to argue on their<br />

behalf. He scheduled oral argument for June 18.<br />

Smith, who died of a drug overdose in 2007, had<br />

waged a long legal battle to get part of the fortune left<br />

by her late Texas oil baron husband, J. Howard<br />

Marshall, whom she had married in 1994 when she<br />

was 26 and he was 89. Picard was appointed in<br />

December 2008 to recover money for victims of<br />

Madoff, a fi<strong>na</strong>ncier who ran a multibillion­-dollar<br />

investment fraud over several decades, swindling<br />

investors large and small across the globe. Madoff<br />

pleaded guilty in March 2009 to what prosecutors and<br />

the trustee have described as the biggest investment<br />

fraud in history. Madoff, 73, is serving a 150­-year<br />

prison sentence. Picard, who filed his cases in<br />

bankruptcy court, says he has recoveries and<br />

settlement agreements totaling $9.068 billion, but $6.4<br />

billion of that is u<strong>na</strong>vailable due to appeals and<br />

reserves. Picard says Madoff defrauded customers of<br />

about $20 billion. In the latest settlement last month,<br />

Rakoff oversaw a deal between Picard and the<br />

principal owners of the New York Mets Major League<br />

Baseball team, Fred Wilpon and Saul Katz, who were<br />

longtime friends with Madoff as well as investors. The<br />

case is Securities Investor Protection Corporation v<br />

Ber<strong>na</strong>rd L. Madoff Investment Securities LLC, U.S.<br />

District Court for the Southern District of New York, No.<br />

12­-mc­-0115. (Reporting By Grant McCool; Editing by<br />

Dan Grebler)<br />

41

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