USA v. Madoff
Federal Court Proceeding New York Southern District Court, Case No. 1:08-mj-02735

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Madoff, Bernard L. Madoff, Bernard L., Defendant
Officially listed as "Bernard L. Madoff"

Toggle Switch Represented by Dickstein Shapiro LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, Designation: Retained Nicole Pappas De Bello +1 212 835 1446 +1 212 997 9880 wrobleskin@dsmo.com
LEAD ATTORNEY, Designation: Retained Daniel James Horwitz +1 212 835 1400 +1 212 997 9880 horwitzd@dsmo.com
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Sealed Legal Document 35 Filed: 3/9/2009, Entered: None
SEALED DOCUMENT placed in vault. (aba) (Entered: 03/10/2009)
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    Legal Document (Payment Possibly Required) 34 Filed: 3/10/2009, Entered: None Court Filing
    Letter by USA as to Bernard L. Madoff addressed to Judge Leonard B. Sand from AUSAs Marc Litt / Lisa A. Baroni dated March 3, 2009 re: The Government submits this letter to notify the Court of potential conflicts of interest relating to the representation of the defendant, Bernard Madoff, by Ira Sorkin, Esq., in the above-referenced case. The Government has requested that the Court conduct a hearing pursuant to United States v. Curcio, 680 F.2d 881 (2d Cir. 1982), and the Court has scheduled a hearing for March 4, 2009 at 10:00 a.m. (bw) (Entered: 03/10/2009)
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      Legal Document (Payment Possibly Required) 33 Filed: 3/6/2009, Entered: None Court Filing
      ORDER granting 32 Motion Title 18 U.S.C. 3771 re: 32 MOTION Title 18, U.S.C. 3771. as to Bernard L. Madoff (1).(Signed by Judge Denny Chin on 3/6/09) (aba). (Entered: 03/09/2009)
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        Legal Document (Payment Possibly Required) 32 Filed: 3/6/2009, Entered: None
        MOTION Title 18, U.S.C. 3771. Document filed by USA as to Bernard L. Madoff. (aba) (aba). (Entered: 03/09/2009)
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          Sealed Legal Document 31 Filed: 3/6/2009, Entered: None
          SEALED DOCUMENT placed in vault. (aba) (Entered: 03/09/2009)
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            Legal Document (Payment Possibly Required) 30 Filed: 3/6/2009, Entered: None Court Filing
            NOTICE OF INTENT TO FILE an Information by U.S.A. as to Bernard L. Madoff.Judge Chin is Assigned (vb) (jm). (Entered: 03/06/2009)
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              Legal Document (Payment Possibly Required) 29 Filed: 2/11/2009, Entered: None
              AFFIRMATION of Marc Litt in Support by USA requesting a 30-day continuance from 2/11/09 to 3/13/09 as to Bernard L. Madoff (aba) (Entered: 02/11/2009)
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                Legal Document (Payment Possibly Required) 28 Filed: 1/29/2009, Entered: None
                Letter by Bernard L. Madoff addressed to Honorable Lawrence M. McKenna from Ira Lee Sorkin dated 1/29/09 re: We represent Defendant Bernard L. Madoff in the above referenced matter. On behalf of Mr. Madoff we write to respectfully advise the Court that we have hired a new security firm, Stroz Friedberg Investigations ("Stroz"), to comply with items numbered 4, 7, 8 and 9 of the Court's January 16, 2009 Order (the "Order"). (aba) (aba). (Entered: 01/29/2009)
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                  Legal Document (Payment Possibly Required) 27 Filed: 1/29/2009, Entered: None Court Filing
                  TRANSCRIPT of Proceedings as to Bernard L. Madoff held on 1/14/09 at 2:35 p.m. before Judge Lawrence M. McKenna. (aba) (Entered: 01/29/2009)
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                    Legal Document (Payment Possibly Required) 26 Filed: 1/29/2009, Entered: None Court Filing
                    TRANSCRIPT of Proceedings as to Bernard L. Madoff held on 1/5/09 at 2:30 p.m. before Magistrate Judge Ronald L. Ellis. (aba) (Entered: 01/29/2009)
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                      Legal Document (Payment Possibly Required) 25 Filed: 1/21/2009, Entered: None
                      PRB Bond Entered as to Bernard L. Madoff in amount of $ 10 MILLION PRB. BAIL MODIFIED 1/16/09 BY U.S.D.J. McKENNA: SEE ORDER DATED 1/16/09 DOC # 22. (aba) (aba). (Entered: 01/21/2009)
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                        Legal Document (Payment Possibly Required) 24 Filed: 1/20/2009, Entered: None
                        AFFIDAVIT of Bernard L. Madoff by Bernard L. Madoff. (aba) (Entered: 01/21/2009)
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                          Legal Document (Payment Possibly Required) 23 Filed: 1/20/2009, Entered: None Court Filing
                          ENDORSED LETTER as to Bernard L. Madoff addressed to Honorable Lawrence M. McKenna from Nicole De Bello dated 1/20/09 re: I await confirmation from the Court that Mr. Madoff may file the Affidavit with the Magistrate Clerk's Office in lieu of his in-person appearance to sign the bail bond. This is the same procedure that was followed in connection with Magistrate Judge Katz's Order on December 19, 2008. Assistant United States Attorney Marc Litt has consented to the filing of the Affidavit. THE COURT ACCEPTS THE ANNEXED 1/20/09 AFFIDAVIT OF DEFENDANT IN LIEU OF A PERSONAL APPEARANCE; THE CLERK IS DIRECTED TO ACCEPT FOR FILING THE ORIGINAL THEREOF. SO ORDERED. (Signed by Judge Lawrence M. McKenna on 1/20/09)(aba) (Entered: 01/21/2009)
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                            Legal Document (Payment Possibly Required) 22 Filed: 1/16/2009, Entered: None Court Filing
                            ORDER: As to Bernard L. Madoff. Defendant Bernard L. Madoff is released on bail under the following conditions: 1. A $10 million personal recognizance bond signed by Mr. Madoff, his wife, and his brother, and secured by confessions of judgment on properties in New York, N.Y., Montauk, N.Y., and Palm Beach, Fl.; 2. The surrender of Mr. and Mrs. Madoff's passports; 3. Other than for scheduled court appearances, Mr. Madoff is confined to home detention in his Manhattan apartment 24 hours a day, with an electronic monitoring; 4. Employment at his wife's expense of a security firm acceptable to the Government, to provide the following services to prevent harm and flight: a. round-the-clock monitoring at Mr. Madoff's building, 24 hours per day, including video monitoring of all of the Defendant's apartment door(s), and communication devices and services permitting it to send a direct signal from an observation post to the Federal Bureau of Investigation in the event of the appearance of harm or flight; b. the security firm will provide additional guards available on request if necessary to prevent harm or flight; 5. Incorporation of the restrictions set forth in the preliminary injunction entered on December 18, 2008, in the case SEC v. Madoff and Bernard L. Madoff Investment Securities LLC, 08 Civ. 10791, before District Judge Louis L. Stanton, including restrictions on transfer of all property whatsoever, wherever located, in the possession or under the control of Mr. Madoff; 6. Incorporation of the restrictions set forth in the voluntary restraint agreement signed by Mrs. Madoff on December 26, 2008; 7. Mr. Madoff must compile an inventory of all valuable portable items in his Manhattan home. The Government and Mr. Madoff are to agree on a threshold value for inventory items by January 21, 2009. In addition to providing this inventory to the Government, Casale Associates, or another security company approved by the Government, shall check the inventory every two weeks; 8. Mr. Madoff must compile an inventory of all valuable portable items in the aforementioned properties in Montauk, N.Y. and Palm Beach, Fl., as well as property owned by Mrs. Madoff located in Antibes, France; and 9. Casale Associates, or another security company approved by the Government, shall search all outgoing physical mail in New York, N.Y to ensure that no property has been transferred. SO ORDERED: (Signed by Judge Lawrence M. McKenna on 1/16/2009)(D'Avanzo, Daniel) (Entered: 01/16/2009)
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                              Legal Document (Payment Possibly Required) 21 Filed: 1/14/2009, Entered: None Court Filing
                              ENDORSED LETTER as to Bernard L. Madoff addressed to Honorable Lawrence M. KcKenna from Marc Litt dated 1/13/09 re: The Government respectfully submits this letter brief to the Court, sitting in its Part I capacity, in support of its appeal of the Opinion of Order entered by United States Magistrate Judge Ronald L. Ellis on January 12, 2009 (the "Order"), which denied the Government's motion pursuant to Title 18, United States Code, Section 3142(f)(2), to detain the defendant pending trial. Application for detention denied and Judge Ellis' 1/12/09 Opinion and order affirmed for reasons set forth on record on 1/14/09. (Signed by Judge Lawrence M. McKenna on 1/14/09)(aba) (Entered: 01/14/2009)
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                                Legal Document (Payment Possibly Required) 20 Filed: 1/14/2009, Entered: None Court Filing
                                DEFENDANT'S BRIEF (LETTER) in Appeal of Magistrate Judge Decision by Bernard L. Madoff re: 19 Appeal of Magistrate Judge Decision to District Court - Magistrate Judge Case filed by USA. (aba) (Entered: 01/14/2009)
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                                  Legal Document (Payment Possibly Required) 19 Filed: 1/13/2009, Entered: None
                                  APPEAL OF MAGISTRATE JUDGE DECISION (LETTER BRIEF) to District Court by USA as to Bernard L. Madoff. (aba) (Entered: 01/13/2009)
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                                    Legal Document (Payment Possibly Required) 18 Filed: 1/12/2009, Entered: None Court Filing
                                    ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Bernard L. Madoff. Time excluded from 1/12/09 until 2/11/09. (Signed by Magistrate Judge Michael H. Dolinger on 1/12/09)(aba) (Entered: 01/13/2009)
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                                      Legal Document (Payment Possibly Required) 17 Filed: 1/12/2009, Entered: None
                                      AFFIRMATION of Marc Litt in Support by USA requesting a 30-day continuance from 1/12/09 to 2/11/09 as to Bernard L. Madoff (aba) (Entered: 01/13/2009)
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                                        Legal Document (Payment Possibly Required) 16 Filed: 1/12/2009, Entered: None Court Filing
                                        ENDORSED LETTER as to Bernard L. Madoff addressed to Magistrate Judge Ronald L. Ellis from Marc Litt dated January 12, 2009 re: The Government respectfully submits this letter in response to the Court's opinion and order issued in the above-captioned matter earlier today. The Government intends to appeal the Court's order to the District Court. Accordingly, the Government respectfully requests that the Court stay its order pending the outcome of that (or any further appeal). Counsel for the defendant, Ira Lee Sorkin, Esq., has informed the Government that defendant consents, through counsel, to this request for a stay. ENDORSEMENT: Order stayed for 48 hours until 1:00 p.m. on 1-14-09. (Signed by Magistrate Judge Ronald L. Ellis on 1/12/2009)(rw) (Entered: 01/12/2009)
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                                          Legal Document (Payment Possibly Required) 15 Filed: 1/12/2009, Entered: None Court Filing
                                          OPINION AND ORDER # 96937 as to Bernard L. Madoff. III. CONCLUSION: The Government seeks an order detaining Defendant Madoff prior to trial based on risk of flight and danger to community. On this matter, the Government has the burden of proof -- by a preponderance of the evidence with respect to the question of flight, and by clear and convincing evidence with respect to question of danger -- that there are no conditions which can be set to address these concerns. The Court finds that the Government has failed to meet its burden as to either ground. Accordingly, its motion is DENIED. SO ORDERED this 12th day of January 2009. (Signed by Magistrate Judge Ronald L. Ellis on 1/12/09)(bw) Modified on 1/12/2009 (kkc). (Entered: 01/12/2009)
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                                            Legal Document (Payment Possibly Required) 14 Filed: 1/8/2009, Entered: None
                                            Letter by Bernard L. Madoff addressed to Honorable Ronald L. Ellis from Ira Lee Sorkin dated 1/8/09 re: Respectfully submit this revised brief, originally submitted yesterday, January 7, 2009. (aba) (Entered: 01/08/2009)
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                                              Legal Document (Payment Possibly Required) 13 Filed: 1/8/2009, Entered: None
                                              LETTER BRIEF IN REPLY by USA as to Bernard L. Madoff addressed to Honorable Ronald L. Ellis from Marc Litt, Lisa A. Baroni dated 1/8/09 (aba) (Entered: 01/08/2009)
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                                                Legal Document (Payment Possibly Required) 12 Filed: 1/7/2009, Entered: None
                                                LETTER BRIEF IN OPPOSITION by Bernard L. Madoff addressed to Honorable Ronald L. Ellis from Ira Lee Sorkin, Daniel J. Horwitz dated 1/7/09 (aba) (Entered: 01/07/2009)
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                                                  Legal Document (Payment Possibly Required) 11 Filed: 1/7/2009, Entered: None
                                                  Letter by USA as to Bernard L. Madoff addressed to Hon. Ronald L Ellis from AUSA Litt dated 1/6/09 re: Support of Motion to Detain Defendant. (jm) (Entered: 01/07/2009)
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                                                    Legal Document (Payment Possibly Required) 10 Filed: 12/22/2008, Entered: None
                                                    AFFIDAVIT of Bernard L. Madoff by Bernard L. Madoff. (aba) (Entered: 12/22/2008)
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                                                      Legal Document (Payment Possibly Required) 9 Filed: 12/19/2008, Entered: None Court Filing
                                                      ENDORSED LETTER as to Bernard L. Madoff addressed to Hon. Gabriel Gorenstein from Marc O. Litt dated 12/19/08 re: Requesting that the Court modify the bail conditions. GRANDED. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 12/19/08)(aba) (Entered: 12/22/2008)
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                                                        Legal Document (Payment Possibly Required) 8 Filed: 12/17/2008, Entered: None
                                                        AGREEMENT TO FORFEIT PROPERTY by Bernard L. Madoff. (aba) (Entered: 12/17/2008)
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                                                          Legal Document (Payment Possibly Required) 7 Filed: 12/17/2008, Entered: None Court Filing
                                                          ORDER as to Bernard L. Madoff. Bail conditions are modified. Defendants wife shall surrender her passport by noon on Thursday, December 18, 2008, and and the confessions of judgment shall be filed by Monday, December 22, 2008. In light of this order and agreement of both the defendant and the government to the changes in the bail conditions, there is no need for a further hearing on bail today. Accordingly the hearing is cancelled. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/17/08)(vb) (Entered: 12/17/2008)
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                                                            Legal Document (Payment Possibly Required) 6 Filed: 12/16/2008, Entered: None Court Filing
                                                            ORDER as to Bernard L. Madoff extending the control date for a hearing in any outstanding bail issues be adjourned from 12/16/08 to 12/17/08 at 2:00 PM: SO ORDERED: USMJ Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/16/08)(jm) Modified on 1/7/2009 (jm). (Entered: 12/16/2008)
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                                                              Legal Document (Payment Possibly Required) 5 Filed: 12/11/2008, Entered: None
                                                              ADVICE OF PENALTIES AND SANCTIONS as to Bernard L. Madoff. (dif) (Entered: 12/12/2008)
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                                                                Legal Document (Payment Possibly Required) 4 Filed: 12/11/2008, Entered: None
                                                                PRB APPEARANCE Bond Entered as to Bernard L. Madoff in amount of $ 10 MILLION PRB, 4 FRP'S; Secured by Property: Deft's Manhattan Apartment; Travel Limited to SDNY/EDNY and District of Connecticut; Surrender Travel Documents (& No New Applications); Deft to be Released upon His Signature and Wife's Signature; Remaining Conditions to be Met by Dec 16, 2008 at 2:00 PM (3 More Co-Signers, Plus Posting Apartment (dif) (Entered: 12/12/2008)
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                                                                  Legal Document (Payment Possibly Required) 3 Filed: 12/11/2008, Entered: None
                                                                  NOTICE OF ATTORNEY APPEARANCE: Retained Attorney Nicole Pappas De Bello appearing for Bernard L. Madoff. (dif) (Entered: 12/12/2008)
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                                                                    Legal Document (Payment Possibly Required) 2 Filed: 12/11/2008, Entered: None
                                                                    NOTICE OF ATTORNEY APPEARANCE: Retained Attorney Daniel James Horwitz appearing for Bernard L. Madoff. (dif) (Entered: 12/12/2008)
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                                                                      Legal Document (Payment Possibly Required) 1 Filed: 12/11/2008, Entered: None Court Filing
                                                                      COMPLAINT as to Bernard L. Madoff (1). In Violation of 15 U.S.C. 78j (b), 78ff; 17 C.F.R. 240.10b-5 (Securities Fraud) (Signed by Judge Magistrate Judge Douglas F. Eaton) (dif) (Entered: 12/12/2008)
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