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    HEY SIPC! SO WHAT IS INSURANCE ANYWAY?!!

    Ron Stein March 4, 2010

    So let’s start getting to the meat of the issue: investor protection. Not just Madoff investors, Stanford investors, Petters investors. All investors. Which brings us to the issues of insurance, which the Trustee and SIPC spend enormous time asserting is not the case with SIPC protection. Aside from the probable fact that 99 out of 100 investors who have heard the letters “SIPC” before would put the words “SIPC” and “insurance” together, it is, by any definition, insurance. Lousy insurance, to be sure. Misrepresented insurance, certainly. Not insurance of the FDIC variety, okay. But I’ll go further. Let’s put aside the fact that millions of investors have been led to believe that SIPC is insurance; put aside as it has been asserted in various briefs that government institutions such as the SEC, FINRA – the entity that audits and regulates broker-dealers, court cases, heck, even President Nixon in his short speech when signing the bill into law called, and even continue to call it (though not Nixon) insurance. For SIPC to continue to assert that it is not insurance is akin to Bernie Madoff now insisting that he ran an honest operation. Read Full Post

     

    ON JUDGE LIFLAND, NOT SO GREAT EXPECTATIONS, "CRAZY HE CALLS ME" AND STUCK IN SIPC

    Ron Stein February 15, 2010

    As Madoff victims hang on tenterhooks awaiting Judge Lifland’s decision on “net equity”, I thought it to be a good time for some modest ruminations. For those of you too confused on this (or have spent too long in a cave) it boils down to this: are Madoff investors entitled to SIPC protection based on the values reflected on their final accounts and confirmation or on some arithmetic calculation that dismisses any validity to the investment statmenet . To those who care – and most everyone should – don’t get your hopes up, I’m sorry to say. But it’s also not a slam dunk for the Trustee, either. Read Full Post

     

    WINDS OF CHANGE

    Part One – The SEC-Madoff Scandal

    Ron Stein September 26, 2009

    Stunned! So here we are a few weeks after the release of the stunning Kotz report. No less than six times, from 1992 on, the SEC flubbed its examination of Madoff. Reading the original Executive Summary left me in disbelief. Reading the actual document has been shocking. The bungling is so comprehensive and confounding it’s akin to a Keystone Cops reel. Read Full Post

     

    Banking On It

    Ron Stein July 23rd, 2009

    Finally. Some Madoff victims are starting to see IRS refunds, and some really lucky folks are even starting to receive their SIPC claim payments. So it stands to reason that if you’ve got a valid IRS and/or SIPC claim you, too, will be receiving perhaps a substantial refund. If not, chances are that you’re looking to protect what you still have. Most folks have already given some thought about these funds, yet many are wondering what to do? Read Full Post

     

    Meet The Pros - The First in a Series of Interviews

    Battling Giants - An attorney takes on the SEC...

    Ron Stein June 9th, 2009

    Howard R. Elisofon, partner in the New York law firm Herrick, Feinstein LLP is the securities attorney known most recently for his willingness to go after the SEC. Representing Madoff victim Phyllis Molchatsky and several others in this action, Elisofon has spoken at great length about his efforts in this case, and has been interviewed on many broadcasts and been quoted extensively in the press about this action and other issues pertinent to Madoff victims. We’re fortunate to have an opportunity to get some insight as to what motivates an attorney to take on the US government, and how. Read On-Line Interview

     

    ALERT: Tax Refunds Coming – 30 Days and Counting! Are you ready?

    Part of a series of articles on planning and safe investing…

    Ron Stein May 7th, 2009

    Yes, friends, thanks to Mr. Shulman and Company at the Internal Revenue Service, your tax refunds will be coming any day. We’ve heard that several have already received their refunds, and our communications with Internal Revenue confirmed the IRS’ intention to make sure that they complied with the 45 day timeframe normally allotted. This is great news!

    Question…What are you planning to do with your refund? Read Full Post

     

    DEAR IRVING – WILL THE REAL IRVING PICARD PLEASE STAND UP?

    A FANTASY LETTER….

    Ron Stein May 2nd, 2009

    April 30, 2009
    Mr. Irving Picard, Trustee
    Bernard L. Madoff Investment Securities
    c/o Baker Hostetler
    45 Rockefeller Plaza
    New York, NY 10111

    Dear Irving:

    Thank you for your recent posting on your Trustee site. It’s been a long time since we’ve heard from you, and it was reassuring that you took the time to provide some clarification to us. But you have us pretty confused right now, because we’re trying to fathom this back and forth behavior you seem to be showing – threatening one moment, playing nice the next.

    Speaking through attorney Mr. Hirshfield recently to the Wall Street Journal you announced your sending out of 223 “avoidance claim” clawback letters “seeking to get back all redemptions made by investors in the last six years.” Meanwhile, copies of the clawback letters began to circulate, letters that were cold, direct, and challenging. You could have prefaced the letters with words like “Dear Investor – we have reason to think that you may have taken out more money than you put in, and we’d like to discuss the situation with you.” Instead, regarding monies that an investor might have withdrawn, you preferred language like “the Trustee demands [emphasis mine] that you immediately return such amounts.…” Cold, cold, cold. Read Full Post

     

    BEYOND THE IRS – A PONZI PUNCHLIST FOR CHANGE!

    Ron Stein April 9th, 2009

    Clearly, the IRS has chosen to offer a mostly beneficial, practical, and also self-serving avenue for Madoff and other Ponzi fraud victims. With their recent “Safe Harbor” revenue and procedure rulings, they’ve made life easier for a fair number of anxious victims. Unfortunately, while many victims will receive some restitution through IRS refunds in addition to SIPC claims, many others will receive little or none at all. Read Full Post

     

    Madoff Justice? Not by a Long Shot!

    Ron Stein March 12th, 2009

    “OK” you’re saying. “Madoff is going to jail. How does that help me?” Unless you get some kind of bizarre satisfaction that penthouse living for several months followed by less-than-gruesome jail-time is sufficient punishment for maiming the lives of thousands of unsuspecting victims, you’re not jumping for joy. I’m sure not. “Is justice being served?” the media asks. I say “No, justice is not served until justice is done.” And justice cannot be done until a broad effort is made to restore to normal the lives of so many devastated by this, history’s greatest swindle. Read Full Post

     

    A Place to Start: Six Steps to Sanity

    Ron Stein February 23rd, 2009

    Being a Madoff Victim is not a pleasant place to be. It’s a nasty situation, and it can feel like a lonely and confusing one as well. With lives turned upside down, many folks are wondering what to do and anxious about the future. People are looking for help, for information, for support. If you’re one of these, you’ve come to a good place. Welcome to the community of Madoff Help – we’ll try to provide insight, clarity, and even a bit of humor. You’re not alone anymore. Read Full Post

     

    GRANT ME THE SERENITY: Helpful Words for Challenging Times
    Inspiration from top grief specialist & therapist

    Bobbie Comforto, LCSW, CT, February 12th, 2009

    No one wants to hear that loss, change and suffering are inevitable… No one wants to be reminded that life is a series of losses, small & large, starting from birth & ending in death… No one wants to realize that we all suffer loss & change in one way or another. Yet behind every door is someone adjusting to change, adapting to crisis or coping with unsettling loss or tragedies. READ FULL POST

    MF Global trustee liquidates broker’s CME Group memberships

    The trustee liquidating MF Global has sold a collection of the bankrupt broker’s CME Group memberships for amounts below recent selling prices, according to a list of transactions published by the exchange on Monday. Eighteen months after MF Global collapsed, Trustee James Giddens last week sold a variety of memberships owned by the firm that bestow different trading rights on the holders. The firm, which was among the top brokers at CME Group’s exchanges, made a $6.3 billion bet on European sovereign debt and went bankrupt after dipping into customer accounts to try to meet margin calls, in violation of industry rules. More on Reuters here.

    SourcedFrom Sourced from: Network For Investor Action & Protection

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    MF Global Holdings Trustee Seeks Jury Trial for Corzine

    MF Global Holdings Ltd. (MFGLQ) trustee Louis J. Freeh is seeking a jury trial for a lawsuit blaming former Chief Executive Officer Jon Corzine for the firm’s collapse. Freeh made the request May 3 in U.S. Bankruptcy Court in Manhattan. Bankruptcy courts don’t hold trials by jury, and the case would need to go to a district court if Freeh’s demand for a jury is granted. “Many people don’t like banks; many, many people don’t like investment firms,” Michael Weinstein, chairman of Cole, Schotz, Meisel, Forman & Leonard PA’s white-collar practice in Hackensack, New Jersey, said today in a telephone interview. “By going to the jury, one could argue that the trustee is playing into those ideas,” More on Bloomberg here.

    SourcedFrom Sourced from: Network For Investor Action & Protection

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    MF Global Suit Still Leaves Gaping Investor Protection Hole

    MF Global trustee Louis Freeh is suing John Corzine and other officers of the now-bankrupt company. What’s missing from this picture? A concerted effort to protect investors from future MF Globals, Peregrines and Madoffs. While customers of the company may get their money back, where are the new safeguards? Somebody wasn’t supervising Corzine, his traders and customer money. That much is clear. Where was the Commodity Futures Trading Commission and National Futures Association, the two main regulators? Why aren’t these groups facing tough Congressional investigations? If Corzine is responsible for the alleged malfeasance of MF Global, does the Department of Justice consider the former senator, New Jersey governor and Goldman Sachs chief too big to jail? Who’s looking out for the little guy?
    More in Forbes here.

    SourcedFrom Sourced from: Network For Investor Action & Protection

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    Strategic Posturing Behind the Suit Against Corzine

    Louis J. Freeh, the bankruptcy trustee for the failed futures firm MF Global, filed a lawsuit aimed at pinning its collapse squarely on Jon S. Corzine, the former chief executive, and two of his top lieutenants. And unlike in many other suits, Mr. Freeh has not named other groups like a company’s directors.
    The tale Mr. Freeh weaves in the complaint presents Mr. Corzine and the other defendants, Bradley I. Abelow, the former chief operating officer, and Henri J. Steenkamp, the former chief financial officer, as having failed to properly manage risk at MF Global while recklessly trading in European sovereign debt. It is a picture of a headlong rush into failure. Mr. Freeh asserts that the three defendants breached their fiduciary duties by allowing MF Global to take on excessive risks. More in the New York Times here.

    SourcedFrom Sourced from: Network For Investor Action & Protection

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    MF Global’s Trustee Sues Firm’s 3 Top Executives

    A bankruptcy trustee has sued Jon S. Corzine and other former MF Global executives, claiming they were “grossly negligent” in the lead-up to the brokerage firm’s collapse. The action by the trustee, Louis J. Freeh, comes just weeks after he agreed to postpone the lawsuit and enter mediation with Mr. Corzine. Now, by filing litigation that appeared to catch the MF Global executives off guard, Mr. Freeh may have jeopardized those talks. A spokesman for Mr. Corzine, Steven Goldberg, disputed the charges and questioned why Mr. Freeh was even filing the case. “We question why the trustee chose to file this lawsuit, which is filled with seriously flawed allegations, while he is participating in court-ordered mediation of these very claims.”
    More in the New York Times here.

    SourcedFrom Sourced from: Network For Investor Action & Protection

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