He called clerking "difficult," but rewarding at the federal court level. Madoff's lawyers had dubbed the sentence beyond 12 years as having no practical purpose. All rights reserved. The New York Times also interviewed Mr. Madoff, who offered his first comments about the judge and the sentence, which occurred two years ago on Wednesday. "When Peter or Bernie said something that they were going to do, their word was their bond," Morling said in a 2008 interview. A court-appointed trustee has recovered more than $13 billion of an estimated $17.5 billion that investors put into Madoff's business. Victims of Mr Madoff's fraud included celebrities and everyday people, At the crash site of 'no hope' - BBC reporter in Greece. Judge Chin and his wife Kathy Hirata Chin have written, produced, and presented, together with a team from the Asian American Bar Association of New York, a series of reenactments of historic cases involving Asian American litigants. Money launderers 'prey on generation Covid', Human error to blame for train crash - Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. Michael Schwartz counted himself as lucky, at least compared to his disabled twin brother, whose ability to live in a good group home was destroyed by Bernie Madoff. . Madoff responded: There is no innocent explanation.. In fact, today, when he did turn around and acknowledged the victims, I felt as if there was a satisfaction that I had actually penetrated. After the sentencing, Ruth Madoff said in a statement that she felt "betrayed and confused" by the actions of her husband. Chin assumed senior status on June 1, 2021. Visit our website terms of use and permissions pages at www.npr.org for further information. I would literally take his naturalization petition, which I have framed in my chambers, and hold it up to the citizens.". Rather, they are doing what they are supposed to be doing placing their trust in our system of justice.. Covering the final, emotional hearing in Federal Judge Denny Chin's courtroom in downtown Manhattan in March 2009, I sat two rows behind Bernie--later sentenced to 150 years in prison--when. Before issuing his ruling, Chin said he reviewed a copy of the Feb. 20, 2007 episode. "The law naturally appealed to me, in part because of the challenges we faced growing up," Judge Chin recalls in the video. A graduate of Princeton, Chin couldn't get a paying job after his first year at the Fordham University School of Law, so he interned for a judge in New York's Southern District, then clerked for the same judge following graduation. Frankly, that was not the message I wanted to be sent, he said. "I think you can overcome these things that's what I really think." The West Coast has a large number of experienced Asian-American litigators, and the East Coast is quickly catching up. The exact amount of the fraud has yet to be calculated, largely because it was so vast and went on for so long. As Fordham University School of Law's inaugural Lawrence W. Pierce Distinguished Jurist in Residence, Judge Denny Chin of the U.S. Court of Appeals for the Second Circuit says he . "That's something I live with, as well," he said. The order left her with $2.5 million. "I am embarrassed and ashamed," she said. Chin spent much of his statement utterly dismissing each argument the Madoff team put forth. His brother, Peter, who helped run the business, was sentenced to 10 years in prison in 2012, despite claims he was in the dark about his brothers misdeeds. He knew he would be arriving at work early. NYT reporter: Son's suicide gave Madoff sense of contrition, Author: Madoffs kin likely didnt know of scam. He had also received an e-mail that day from Gabriel W. Gorenstein, a magistrate judge who had reached into the wooden wheel that is used to randomly assign cases in the courthouse and selected an envelope that contained Judge Chins name. As Judge Denny Chin noted, the Madoff take is quite literally off the charts. In a scathing ruling, U.S. District Judge Denny Chin said a jury might conclude the network "crossed the line from responsible journalism to irresponsible and reckless intrusion into law enforcement.". Read about our approach to external linking. But it was not just the elite and large firms who were victims of the fraud. He also wrote that he had received no letters on Mr. Madoffs behalf: The absence of such support is telling.. Last year, Mr Madoff requested early release from prison citing health problems, including kidney disease. Applause broke out in the New York courtroom when the judge handed down the maximum sentence. Chin dismissed the suit Sam Sloan vs. Paul Truong and Susan Polgar in which Sloan accused Susan Polgar and Paul Truong of posting thousands of obscene "Fake Sam Sloan" remarks in his name over a two-year period in an effort to win election to the board of the United States Chess Federation (Polgar and Truong were elected to the board and Sloan was defeated). 5089. } A former law clerk had e-mailed him to say that more than a dozen television trucks were already lined up near the courthouse. But unbeknown to his thousands of victims, he was running a Ponzi scheme that wiped out at least $17.5bn in savings. The sentencing of Bernard L. Madoff required balancing the law against the public anger his fraud had inspired. We thought he was God; we trusted everything in his hands, Elie Wiesel, the late Holocaust survivor and Nobel laureate, said in the same year. In doing so, he seemed to find a way to translate societys rage into a number. Both of Madoff's sons have died, Andrew from cancer at age 48 and Mark from suicide at age 46 in 2010. The authoritative record of NPRs programming is the audio record. Material from The Associated Press was used in this report. More than 15,400 claims against Madoff were filed. When Klayman appealed, the 2nd Circuit affirmed Chin's sanctions. Early life. He recalled when the Houston Rockets came to town, along with the team's new star, Yao Ming, his younger children were excited about going to the game. Although he went through an extensive background check, "my confirmation hearing took about five minutes, maybe three minutes it was that simple.". Thanks (I guess) Judge Chin, 57, said he learned he had received the Madoff case from his staff as he entered his chambers on March 6, 2009, after a court proceeding. Chin said he felt diversity on the bench was a valuable goal, since it may help some plaintiffs or defendants understand that the legal system represents them as well. Read about our approach to external linking. display: none; But he added that it was important to remember the history of Asians in the United States, and mentioned in particular the Korematsu case and the Japanese internment camps during World War II. "A reasonable jury could find that by doing so, NBC created a substantial risk of suicide or other harm, and that it engaged in conduct so outrageous and extreme that no civilized society should tolerate it," Chin said. When asked what types of questions he asks clerkship candidates, Chin said he always asks candidates to tell him about themselves. As NPR's Mike Pesca reports, that pain and suffering was evident in the court today. "You see how our system works," he said. He then specialized in employment law at another firm. We did nothing wrong," said Dominic Ambrosino, a retired New York City corrections officer. By contrast, "it's hard to say whether being Asian-American is going to place anyone at a disadvantage," he said. The report said the trustee has located assets and businesses "of interest" in 11 places: Great Britain, Ireland, France, Luxembourg, Switzerland, Spain, Gibraltar, Bermuda, the British Virgin Islands, the Cayman Islands, the Bahamas. As he had from the start, Madoff insisted in his plea that he acted alone something the FBI never believed. "Charles Ponzi is now a footnote," said Anthony Sabino, a defense lawyer specializing in white collar criminal defense. Most judges will tell you that sentencing is the most difficult thing we do, he said. He was the sixth judge to address a motion to suppress in cases around the country, and he was the first to grant the motion. Other corporate victims were Royal Bank of Scotland and Man Group and Japan's Nomura Holdings. I said to my interns, What do you think? he recalled. He was confirmed on April 22, 2010, by the United States Senate, filling the vacancy created by Judge Robert D. Sack who assumed senior status. He invited them in, and then confessed after being asked if theres an innocent explanation, a criminal complaint said. Judge Denny Chin, who originally had imposed the sentence of 150 years, denied his request for release, calling his crime "one of the most egregious financial crimes of our time," and one that . In the 1950s, he engineered and produced classical music albums for Angel Records. At various times, he referred to his monumental fraud as a "problem," "an error of judgment" and "a tragic mistake. Madoffs scam cost Wiesels foundation $15.2m. Another son, Andrew, died from cancer at age 48. He had no values," former investor Tom Fitzmaurice told the judge at the sentencing. A trustee was appointed to recover funds sometimes by suing hedge funds and other large investors who came out ahead and divvying up those proceeds to victims. How do you excuse deceiving your family, your investors and an industry you spent your life trying to improve? The United States Senate Committee on the Judiciary reported Chin's nomination to the full Senate on December 10, 2009[10] and he was confirmed by a 980 vote on April 22, 2010. On March 12, 2009, Madoff pleaded guilty to 11 federal charges relating to the scheme. #inline-recirc-item--id-942a1cd6-8c88-11e2-b06b-024c619f5c3d ~ .item:nth-child(5) { While he said stereotypes about Asian-Americans still exist and sometimes rise to the surface, women, for example, may face more challenges in battling discrimination. The order left her with $2.5 million. In another case, Chin tried to offer some off-the-record advice to a young Korean-American lawyer who had turned an attempt to collect on a note into a RICO case. On Thursday, Judge Denny Chin who had handed down Mr. Madoff's 150-year sentence more than a decade ago in New York denied the request. But Chin's position is unique for another reason as well he was the first Asian-American appointed to a federal district court judgeship outside the 9th Circuit, and is now just one of six Asian-American Article III judges today. "I saw what a great job [being a federal judge] was," he said. I would tell the new citizens about my grandfather. Before the sentence was handed down, Madoff faced the wrath of nine of the hundreds of people he cheated in the fraud that wiped out fortunes large and small. President Bill Clinton nominated Chin to the district court on March 24, 1994, and Chin was confirmed August 9 of that same year. Chin currently teaches first year Legal Writing at Fordham as an adjunct professor. With membership, the site offered the options of chat rooms, surveys, and "vids and pics" for "people who like kids." FAQs: Filing a Judicial Conduct or Disability Complaint Against a Federal Judge, Archives of the Committee on Judicial Conduct and Disability, Judicial Panel on Multidistrict Litigation Fees, Federal Court Interpreter Certification Examination, National Court Interpreter Database (NCID) Gateway, Transfer of Excess Judiciary Personal Property, Electronic Public Access Public User Group, Statistical Tables for the Federal Judiciary, Asset Management Planning Process Handbook, Judiciary Conferences That Cost More Than $100,000, Long Range Plan for Information Technology, Proposed Amendments Published for Public Comment, Laws and Procedures Governing the Work of the Rules Committees, How to Suggest a Change to Federal Court Rules and Forms, How to Submit Input on a Pending Proposal, Open Meetings and Hearings of the Rules Committee, Permitted Changes to Official Bankruptcy Forms, Congressional and Supreme Court Rules Packages, Preliminary Drafts of Proposed Rule Amendments, Confidentiality Regulations for Pretrial Services Information, Judge Chin's Immigrant Journey Recalled in 'Pathways to Bench' Video. Convicted swindler Bernard Madoff was sentenced Monday to 150 years in prison for stealing billions of dollars from hundreds of investors over decades in one of the largest Ponzi schemes in history. "I realised that my arrest and this day would inevitably come.". The man who committed this horrible fraud is not the man whom I have known for all these years.". A few days before the sentencing, Judge Chins law clerks and interns joined him for their weekly lunch around a large wooden table in his chambers. He became so hated he had to wear a bulletproof vest to court. "Like everyone else, I feel betrayed and confused. Judge Chin would impose a term of 150 years on Mr. Madoff, perhaps the most stunning and widely discussed sentencing in the history of American white-collar crime. DiPascali recounted for jurors how just before the scheme was exposed, Madoff called him into his office. On March 23, 2011, Chin rejected Google's plan to digitize every book published, saying the plan violated copyright laws. IE 11 is not supported. Circuit Court of Appeals, noted the continuing suffering of Madoff's thousands of victims who lost $17.5 billion when a decades-long scheme that . The judge called Madoff's deeds "extraordinarily evil," and said he needed to send a symbolic message to those who might try to perpetuate a comparable fraud. [22] On April 18, 2016, the Supreme Court turned down an appeal. [18] Larry Stewart was acquitted by a jury. Roadways to the Bench: Who Me? Thanks (I guess) for spinning the wheel in my favor! Judge Chin wrote back. In bankruptcy filings, trustee Irving Picard said family members "used customers' accounts as though they were their own," putting Madoff's maid, boat captain and house sitter in Florida on the company payroll and paying nearly $1 million in fees at high-end golf clubs in Florida and on Long Island, N.Y. Picard has sought to reclaim ill-gotten gains by freezing Madoff's business bank accounts and selling off legitimate portions of his firm, Bernard L. Madoff Investment Securities LLC. "He clearly represented something for a lot of people," he said. By giving Bernard L. Madoff a term of 150 years, Judge Denny Chin seemed to find a way to translate society's rage into a number. His clients ranging from Florida retirees to celebrities such as Steven Spielberg, actor Kevin Bacon and Hall of Fame pitcher Sandy Koufax consistently enjoyed steady double-digit returns. v. As of late 2008, the statements claimed investor accounts totaled $65 billion. [16], In Fox v. Franken, Chin denied Fox News Channel (who alleged a trademark violation) an injunction against Al Franken's Book Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right. U.S. District Judge Denny Chin showed no mercy, sentencing Madoff to the maximum 150 years in prison. "One of the best things I did as a judge over the years was to preside over the naturalization ceremony. [26] Chin explained that imposing the maximum sentence on Madoff was appropriate because he had concluded that Madoff's crimes were "staggering" and "extraordinary evil" and wanted the sentence to have a stronger deterrent effect. 20,000 people may have been exposed to measles at Asbury University revival But his investment advisory business was exposed in 2008 as a multibillion-dollar Ponzi scheme that wiped out people's fortunes and ruined charities and foundations. He began his Wall Street career in 1960 alongside his brother Peter with a few thousand dollars saved from working as a lifeguard and installing sprinklers. 2021 CBS Interactive Inc. All Rights Reserved. Extraordinarily evil By the time Judge Chin entered his chambers on the morning of Monday, June 29, he had decided what his draft was missing, he said. Chin's path to his judgeship offers a compelling parable of an immigrant's success. PESCA: Judge Chin had the last word, saying he believed investor losses to be closer to $60 billion. He also is suing big money managers and investors for billions of dollars, claiming they were Madoff cronies who also cashed in on the fraud. Like many of his clients, Madoff and his wife enjoyed a lavish lifestyle. He was a United States District Judge of the United States District Court for the Southern District of New York before joining the federal appeals bench. But it was the global recession which effectively prompted Mr Madoff's demise as investors, hit by the downturn, tried to withdraw about $7bn from his funds and he could not find the money to cover it. On October 6, 2009, President Barack Obama nominated Chin to the Second Circuit. U.S. District Judge Denny Chin called the scope of the fraud "staggering" and gave the 71-year-old financier the maximum sentence allowed, ensuring Madoff would live out his days behind bars. Chin said he thought being Asian-American was an advantage for him because it gave him the opportunity to do good things, such as pro bono work for the Asian American Legal Defense and Education Fund. U.S. District Judge Denny Chin called the scope of the fraud "staggering" and gave the 71-year-old financier the maximum sentence allowed, ensuring Madoff would live out his days behind bars. In a scathing ruling, U.S. District Judge Denny Chin said a jury might conclude the network "crossed the line from responsible journalism to irresponsible and reckless intrusion into law. }, First published on February 26, 2008 / 5:54 PM. Madoff was sent to do what amounted to a life sentence at Butner Federal Correctional Complex, about 45 miles northwest of Raleigh, North Carolina. Mr Madoff is survived by his wife, Ruth Madoff, who maintained she was unaware of the scheme and was never charged. Afterward, Ruth Madoff often a target of victims' scorn since her husband's arrest broke her silence that same day by issuing a statement claiming that she, too, had been misled by her high school sweetheart. Last year, Madoff's lawyers filed court papers to try to get him released from prison in the COVID-19 pandemic, saying he had suffered from end-stage renal disease and other chronic medical conditions. The scam involved an estimated $65bn, a figure that included gains Mr Madoff's clients believed they had made due to fake account statements. Get browser notifications for breaking news, live events, and exclusive reporting. By giving Bernard L. Madoff a term of 150 years, Judge Denny Chin seemed to find a way to translate society's rage into a number. He saved the document at 9:12 a.m., printed it and soon headed for the 10 a.m. hearing which, because of the expected crowds, would be held in the courts expansive ceremonial courtroom. [27], United States Court of Appeals for the Second Circuit, United States District Court for the Southern District of New York, United States Senate Committee on the Judiciary, Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right, List of first minority male lawyers and judges in the United States, Hearings Before the Committee on the Judiciary, United States Senate, One Hundred Third Congress, First Session on Confirmations of Appointees to the Federal Judiciary, Part 4, "President Obama Nominates Judge Denny Chin for United States Court of Appeals for the Second Circuit, Judge O. Rogeriee Thompson for United States Court of Appeals for the First Circuit", "Judge Who Sentenced Madoff to Be Nominated to Higher Court", "Obama names Madoff case judge to fill Sotomayor spot", "U.S. District Judge Denny Chin to Address Spring 2009 Law Graduates", "The Old Ones of Chinatown: A Study of the Elderly Chinese", "Denny Chin | Office of the Executive Vice President", "Judicial Nomination Materials: 111th Congress", "On the Nomination (Confirmation Denny Chin, of New York, to be U.S. [15] PTC and WWE settled out of court and, as part of the settlement agreement, the PTC paid WWF $3.5 million USD and PTC president Bozell issued a public apology. Updated on: April 14, 2021 / 7:00 PM And he turned, he looked at me, but he never looked at the victims. With the sentencing of Bernard L. Madoff only a week away, Judge Denny Chin received a letter from Mr. Madoffs lawyer asking for a prison term substantially below the 150-year maximum. The order left her with $2.5m. There was also Carla Hirshhorn, who said she was thankful that her father died before he realized that his wife's financial security was ruined. He said he had been a beneficiary of affirmative action, but noted that in many colleges affirmative action may hurt Asian-Americans' chances of admittance since they are often not given the same plus-factor as other minorities. "Is there rampant racism? His son Mark also killed himself on the second anniversary of his father's arrest. Michael Livermore Weighs In, Podcast: Global Crisis Triggered by Knowledge Economy, Says Paul B. Stephan 77. It feels like the nightmare we can't wake from," said Carla Hirshhorn. That summer he mapped out his career and followed it almost to the letter. An $11 million estate in Palm Beach, Fla., a $4 million home in Montauk and a $2.2 million boat will be put on the market as well. At the time of his arrest, fake account statements were telling clients they had holdings worth $60bn. Outside the court, other victims assemble. Mr. Ambrosino's motor home is no longer for vacations. The list of those scammed included actor Kevin Bacon, Hall of Fame baseball player Sandy Koufax and film director Steven Spielberg's charitable foundation, Wunderkinder. He graduated from Stuyvesant High School in 1971. Pence won't commit to supporting Trump if he's the nominee Bernie was by no means perfect. Judge Denny Chin, who now sits on the 2nd U.S. Although the judge did not tell his staff his own views that day, he made it clear that he would not choose a term arbitrarily, nor would he compromise with a number halfway between zero and 150 years. I'm Melissa Block. I went to a very dear friend and asked him to do me a big favor, and he did. Madoff admitted to committing securities fraud via a Ponzi scheme starting in the early 1990s, which involved potentially as much as $65 billion. But no man is.". 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