Academic

Comments On The Hearing Of February 2nd Before Judge Lifland

Posted on February 17, 2010
February 17, 2010Comments On The Hearing Of February 2nd Before Judge Liflandby Lawrence R. Velvel I did not attend the hearing before Judge Lifland, but have read the transcript and obtained some impressions, a few of which I have not seen alluded to elsewhere...

TV Show on the SEC Inspector General's 457 Page Report on the SEC's Malfeasance in the Madoff Matter.

Posted on February 11, 2010
February 11, 2010Dear Colleagues: To prepare for a television show with Erin Arvedlund on the SEC Inspector General?s 457 page Report on the SEC?s malfeasance in the Madoff matter, I have identified what I think the most important excerpts from the Report...

Transcript Of An Interview With The Five Conservative Justices About The Recent Corporate Free Speech Case.

Posted on February 01, 2010
February 1, 2010Transcript Of An Interview With The Five Conservative Justices About The Recent Corporate Free Speech Case. Your reporter recently was fortunate enough to be granted an interview by five Justices of the Supreme Court, Anthony Kennedy, John Roberts, Antonin Scalia, Clarence Thomas and Samuel Alito...

Judge Lifland's Schedules For Oral Argument On February 2nd.

Posted on January 27, 2010
January 27, 2010Judge Lifland?s Schedules For Oral Argument On February 2nd. In looking at the schedules approved by Judge Lifland for the oral argument on February 2nd, one fact sticks out like a sore thumb to a former litigator. The Malefactors Three (TMT) have been granted up to 130 minutes (or 2 hours and 10 minutes) for argument and rebuttal, while our side has been granted only 80 minutes to argue (or 1 hour and 20 minutes)...

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Some Important Ideas Regarding Madoff That May Not Have Been Picked Up On Yet, And Comments On The Mid January Briefs Of The Malefactors Three.

Posted on January 26, 2010
January 26, 2010Some Important Ideas Regarding Madoff That May Not Have Been Picked Up On Yet, And Comments On The Mid January Briefs Of The Malefactors Three. This posting was originally intended to deal with a few -- nothing like all -- of the arguments made by the SEC, SIPC and the Trustee in the briefs they filed in mid January 2010...

President Conducts Disquisition On New Anti-Terrorist Plans.

Posted on January 11, 2010
President Conducts Disquisition On New Anti-Terrorist Plans. President O?Bomber sat for a lengthy third exclusive interview with this reporter recently. This time we discussed the reasons why the CIA failed to connect the dots to stop Abdulmutallab from flying on a Northwest plane to Detroit...

The CIA Blows It Again, This Time In Connection With The Gilbert Arenas Affair

Posted on January 08, 2010
January 8, 2010The CIA Blows It Again, This Time In Connection WithThe Gilbert Arenas Affair. In his second exclusive interview with this reporter, President B. Rack O?Bomber (aka Anti-Afghan Man) disclosed that the CIA had blown it again, for the 238th consecutive time (as revealed by Tim Weiner in his classic Lagacy of Ashes...

The SEC?s Brief Filed Before Judge Lifland In Madoff.

Posted on December 21, 2009
December 21, 2009The SEC?s Brief Filed Before Judge Lifland In Madoff. To begin my career after graduating from law school in 1963, I joined the Honors Program of the Department of Justice in Washington. In those days, when Kennedy was still President, we pretty much thought that the Department did high level work, and it was also thought that the SEC was a premier, a very high quality, government agency...

President O?Bomber Defends Acceptance Of NoBull Prize For Implementing Philosophy Of Peace Through War In Goniffstan.

Posted on December 14, 2009
December 14, 2009President O?Bomber Defends Acceptance Of NoBull Prize For Implementing Philosophy Of Peace Through War In Goniffstan. In a wide ranging interview, President B. Rack O?Bomber defended his refusal to reject the NoBull Peace Prize. He had been urged to reject it by American militarists on the ground that sometimes the NoBull Prize had been awarded to people who had contributed to peace, and therefore the NoBull Committee was a bunch of hypocrites...

December 7, 2009Re: Michigan Drops

Posted on December 07, 2009
December 7, 2009Re: Michigan Drops Football. The decisions by Hofstra and Northeastern Universities to drop football had ramifications in the Midwest yesterday. Thus, the shocking headline on the front page of today?s New York Times, in two inch high black letters across the entire six columns of the front page, was ?MICHIGAN DROPS FOOTBALL...

Let Us Now Seek Competent Men.

Posted on November 23, 2009
November 23, 2009Re: Let Us Now Seek Competent Men. This is being written because of something said to me last week by a writer whom I respect. The writer was interviewing me for an article, or a column, and said I should return to writing about things other than Madoff -- or at least in addition to Madoff...

The Recent Change In The Name Of Our Country.

Posted on November 13, 2009
November 13, 2009Re: The Recent Change In The Name Of Our Country. My writing having been taken up entirely by l?affaire Madoff for almost a year, it is a pleasure to turn to a very short posting on another matter. Here it is: We now live in the United States of Goldman, Sachs...

The Briefs Of The Trustee And SIPC On The Net Equity Question.

Posted on October 23, 2009
October 23, 2009Re: The Briefs Of The Trustee And SIPC On The Net Equity Question. Having read the opening briefs filed by the Trustee and by SIPC on the net equity question, I thought to set down a few of what I believe are my most important impressions...

More On Net Equity. Plus Picower.

Posted on October 09, 2009
October 9, 2009Re: More On Net Equity. Plus Picower. In accordance with the briefing schedule set by the Bankruptcy Court, the Trustee?s brief on the question of net equity will be submitted shortly. A month later briefs opposing him will be filed...

The Report of SEC Inspector General Kotz.

Posted on October 02, 2009
October 2, 2009Re: The Report of SEC Inspector General Kotz. As Ron Stein may have intimated in his excellent recent piece about the Kotz report, you cannot really get the full flavor of the SEC?s staggering malperformance in the Madoff situation unless you read the entire report...

Request For Production Of Documents

Posted on September 29, 2009
UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF NEW YORK )In re: ) SIPA LIQUIDATION ) no. 08-01789 (BRL)BERNARD L. MADOFF INVESTMENT )SECURITIES LLC, ) ) Debtor. ) )NOTIFICATION TO THE COURT OF REQUEST FOR PRODUCTION OF DOCUMENTS Objector Lawrence R...

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

Posted on September 24, 2009
TO: All Recipients Of This EmailFROM: Lawrence R. VelvelDATE: September 24, 2009RE: 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...

Greater And Lesser Potpourri Regarding Madoff, Starting With The IRS And Then Moving To Other Matters.Part II.

Posted on September 02, 2009
September 2, 2009Re: Greater And Lesser Potpourri Regarding Madoff, Starting With The IRS And Then Moving To Other Matters.PART II.* * * * * The SEC -- though it ironically is one of the governmental or quasigovernmental bodies most responsible for allowing Madoff to succeed -- has put together what one thinks the best description to date of the methods used by Madoff to fool victims, agencies, feeder funds, and huge organizations or immensely wealthy individuals who sought to do due diligence, and others...

Greater And Lesser Potpourri Regarding Madoff, Starting With The IRS And Then Moving To Other Matters. Part 1.

Posted on September 01, 2009
September 1, 2009Re: Greater And Lesser Potpourri Regarding Madoff, Starting With The IRS And Then Moving To Other Matters.PART 1. Because of the press of other business -- running a law school, creating a new college of history that will open next year, sometimes dealing with the war crimes problem (although Madoff has deeply impinged on that, has virtually eliminated it for the time being) -- there are times when I simply can?t write on Madoff matters...

Irving Picard?s Motion To Dismiss The Complaint Filed By Helen Chaitman.

Posted on July 28, 2009
July 28, 2009Re: Irving Picard?s Motion To Dismiss The Complaint Filed By Helen Chaitman. My last, four part post said I had been informed that Judge Lifland, who is presiding over the Madoff matter in the Bankruptcy Court, had rejected Helen Chaitman?s requested briefing schedule...

Letter to Diana Henriques

Posted on July 27, 2009
July 27, 2009Ms. Diana HenriquesNew York Times229 W. 43rd StreetNew York, NY 10036-3959Dear Ms. Henriques: I congratulate you on your excellent article on custodians on Saturday, July 25th. I do have one problem, however. When I wrote to you on April 21st to extensively explain that the IRS had improperly approved Madoff as a nonbank custodian in 2004 though he was in violation of several of the IRS?s own regulations, you replied on April 23rd that you wished to ?pursue a number of topics, and this [the IRS? approval of Madoff] is a good one...

The Never Discussed Impact Of Net Equity Question, Impact of Discovery on SIPC's Position. Part IV

Posted on July 24, 2009
July 25, 2009Re: The Full And Never Discussed Impact Of The Net Equity Question, The Potentially Devastating Impact Of Discovery On SIPC?s Position, And Matters Of Argumentation And Morality.PART IV.In this fourth segment, let me discuss an argument made by Harbeck and Picard in support of their cash in/cash out position...

Re: The Never Discussed Impact Of The Net Equity Question, The Impact of Discovery on SIPC's Position, Argumentation And Morality. Part III

Posted on July 23, 2009
July 23, 2009 at 3:00 p.m.Re: The Full And Never Discussed Impact Of The Net Equity Question, The Potentially Devastating Impact Of Discovery On SIPC?s Position, And Matters Of Argumentation And Morality. PART III.When David Sheehan attacked Helen Chaitman by a letter of June 12th, he accused her of making statements for which she could have no evidence...

The Never Discussed Impact Of The Net Equity Question, The Devastating Impact Of Discovery On SIPC's Position, And Argumentation And Morality. Part II

Posted on July 23, 2009
July 23, 2009 at 9:00 a.m.Re: The Full And Never Discussed Impact Of The Net Equity Question, The Potentially Devastating Impact Of Discovery On SIPC?s Position, And Matters Of Argumentation And Morality.PART II. If readers remember not one other thing of what is written in this four-part posting, I urge them to remember -- and therefore am repeating yet again -- the possibility that Picard?s definition of net equity may deprive them not just of $500,000, but also of any share in the estate...

The Never Discussed Impact Of The Net Equity Question, The Devastating Impact Of Discovery On SIPC's Position, And Argumentation And Morality.

Posted on July 22, 2009
July 22, 2009Re: The Full And Never Discussed Impact Of The Net Equity Question, The Potentially Devastating Impact Of Discovery On SIPC?s Position, And Matters Of Argumentation And Morality.PART I. This post is being published in four parts. Let me start it with some comments that will surprise a lot of people...

Re: The Vast Amount That We Don?t Know About The Madoff Matter.

Posted on July 08, 2009
July 8, 2009Re: The Vast Amount That We Don?t Know About The Madoff Matter. My memory may be faulty, but I do not remember a major crime in which, at the times of plea and sentencing of the lead culprit, the details of what happened, of what was done, were as little known publicly (and perhaps to investigators) as in Madoff...

June 19, 2009Re: SIPC?s Objections

Posted on June 19, 2009
June 19, 2009Re: SIPC?s Objections To The Posting Called ?Irving Picard?s Three Percent Commission In The Madoff Case.? To put it mildly, it is clear that SIPC has been the object of extensive criticism in the Madoff victims community. The criticism is, I suppose, only the stronger among those victims who are middle aged or elderly, were retired, were wiped out and have little or no money to live on, who have had to wait many months and may still be waiting for a recovery from SIPC, and who fear they may never receive a recovery...

A Forthcoming Article Regarding A SIPC Objection To The Posting Entitled "Irving Picard's Three Percent Commission In The Madoff Case."

Posted on June 16, 2009
June 16, 2009Re: A Forthcoming Article Regarding A SIPC Objection To The Posting Entitled ?Irving Picard?s Three Percent Commission In The Madoff Case.? SIPC has objected to a point contained in my posting entitled Irving Picard?s Three Percent Commission In The Madoff Case...

Irving Picard's Three Percent Commission In The Madoff Case.

Posted on June 11, 2009
June 11, 2009Re: Irving Picard?s Three Percent Commission In The Madoff Case. On May 30th Time Magazine posted an online article about Irving Picard, the SIPC Trustee in the Madoff case. Time said that ?Picard is considered the superstar of SIP[C] trustees, having handled the largest cases SIPC has managed?...

The Infestation of Government Values In Industry.

Posted on June 02, 2009
June 2, 2009Re: The Infestation of Government Values In Industry. On Monday, May 18th, David Brooks had a column in the Times that seems to have attracted a lot of attention: three days later, on Thursday, May 21st, the Times ran no less than seven letters addressing Brooks? points...

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