"I
find it hard to believe that he doesn't have anything that is hidden someplace," said Ellen Zimiles, chief
executive of Daylight Forensic & Advisory LLC in New York, which works with corporations on
compliance.
"If he is trying to do the right thing here he should put everything down. If it is found later that
he
has assets that are not included in that and someone finds them in some other manner, then that is
going
to be perjury, adding to his troubles." Ms. Zimiles is a former federal prosecutor.
On Dec. 18, U.S.
District Court Judge Louis Stanton, who is handling the civil case, ordered Mr. Madoff
and his Bernard
L. Madoff Investment Securities LLC to provide the SEC "on or before December 31 a
verified written
accounting of all assets, liabilities and property currently held, directly or indirectly." This
included
bank accounts, brokerage accounts, investments, business interests, loans, lines of credit and
"real
and personal property, describing each asset and liability, its current location and amount."
Mr.
Madoff's lawyer—Ira Lee Sorkin, himself a former head of the New York office of the SEC from 1984
to
1986—could not be reached for comment on Tuesday [Dec. 30].
Authorities said in court documents that
Mr. Madoff confessed to running a Ponzi scheme with $50 billion
in losses. Ponzi schemes are investment
frauds in which early investors are paid with money from new
clients.
Mr. Madoff is
under house arrest in his Manhattan apartment on $10 million bail and he has not appeared
in court to formally
answer the charges.
Scores of wealthy people, banks, universities and charities all over the world say
they are victims, but the
exact amount of money lost is not yet known in what could be the largest fraud
in Wall Street history.
Finding the money is a priority for investigators who want to recover as much as
possible for those
apparently duped by Mr. Madoff. On Tuesday, a bankruptcy court judge approved the transfer
of $28.1
million to the trustee overseeing the liquidation of Madoff's firm from a bank account held
by Madoff or his
firm Previous Reuters Story.
"This is one of many steps that Trustee
Irving H. Picard has taken and will continue to take to collect all
available assets of Bernard L. Madoff
Investment Securities LLC for the future use of satisfying customer
claims and other purposes," the
trustee and the Securities Investor Protection Corp. said in a statement.
The non-profit SIPC was created
by Congress in 1970 to maintain reserves to help investors at failed
brokerage firms.
The
SIPC said it expects it will take several years to find the money in remote locations and sort through
investor
losses. "We're looking everywhere for all assets," said Richard Bernard, a lawyer representing
the
court-appointed trustee.
A French hedge fund manager, distraught over losing his own and clients' money,
apparently committed
suicide in his New York office on December 23.
"There are
a number of rich, angry investors who want to recover their losses," said Douglas Hirsch, a
lawyer
investigating civil lawsuits on behalf of investors who put their money in funds that in turn
entrusted
it with Mr. Madoff.
Since the Madoff scandal broke, these "feeder funds" have been sued in federal
court by people seeking
class action, or group status, for those ensnared in the purported fraud. Investors
have written to the
judge in the civil case asking him to consider broadening access to the SIPC to any
investor whose
money ended up with Mr. Madoff, even indirectly.
"This was an intertwined
system of deceit and theft within our financial markets that has left retirees like
ourselves having to
sell our homes and raise money any way we can," Daniel and Suzanne Goldenson of
Bremen, Maine, wrote in a letter to
Judge Stanton that was entered in the record.
The judge acknowledged the letter without indicating whether
he would consider the request, according to
court documents.