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The Government?s Motion Of September 21, 2009 in the Criminal Case Against Madoff.

By Lawrence Velvel

TO: All Recipients Of This Email

FROM: Lawrence R. Velvel

DATE: September 24, 2009

RE: The Government?s Motion Of September 21, 2009 in the Criminal Case Against Madoff.

On September 21st, the Government made a motion for forfeiture and remission proceedings in the criminal case against Madoff. The motion plainly would result in serious injury to many victims of Madoff, and seemed to me highly objectionable. I had nearly completed a memorandum objecting to it when, at approximately 10:00 a.m. on Thursday, September 24th, I, like others, received notice that the Court had already granted the motion. The motion was granted in only three days, before objectors (like myself) could prepare and file objections.

The speed of the grant and the failure to give people who will be deeply harmed by the Government?s action, a chance to be heard, not only seem to me to be deeply improper, but are sure to stoke the suspicions of those who already harbor deep suspicions that, for years and years, throughout the Madoff matter, the fix has been in and includes the Government. The stoking of such suspicion is unfortunate (assuming as I do that the suspicion is wrong), but will be inevitable.

Because the Court?s actions in quickly granting the Government?s motion allowed no time for final preparation and submission of papers opposing the motion by persons who will be harmed, I am converting my memorandum from one opposing a grant of the motion to one requesting that the grant be withdrawn and a schedule of briefing and argument be established so that objectors will have an opportunity to be heard on the motion. And because of what I consider the gravity of what was done, and knowing that many people became deeply alarmed as soon as the motion was filed on September 21st, I shall take the unusual step of making my memorandum available on the internet even before it has formally been filed with the Court?s Clerk. The motion is likely to be completed and become available on the internet later this afternoon, Thursday, September 24th. Otherwise, it will be finished and become available tomorrow, Friday, September 25th.

Full post as published by Velvel on National Affairs on September 24, 2009 (boomark / email).