Chin described one difficult case, the "Candyman" case, where federal agents had issued subpoenas around the country to anyone who had submitted their email address to a web site that gave access to child pornography once you were made a member through that address. In explaining how the 150-year sentence was symbolically important, he had neglected to include a third, crucial reason: retribution. The courts probation department had recommended a 50-year term, while the government had requested 150 years. He encouraged students at the discussion to be Assistant U.S. Bernie Madoff, the financier who pleaded guilty to orchestrating the largest Ponzi scheme in history, died in a federal prison Wednesday, the federal Bureau of Prisons confirmed to CBS News.. In December 2010, Madoffs eldest son, Mark, was found hanged in his New York apartment on the second anniversary of the billionaire investment managers arrest for what was then described the biggest swindle in Wall Street history. / AP. When it came Madoff's time to talk, he rose and kept two fists balled on the table as if for ballast. "There's no cure for my type of disease. Mr Madoff,the son of European immigrants who grew up in New York,set up his eponymous firm Bernard L Madoff Investment Securities in 1960. From NPR News, this is ALL THINGS CONSIDERED. But what the agency never found out was that behind the scenes, in a separate office kept under lock and key, Madoff was secretly spinning a web of phantom wealth by using cash from new investors to pay returns to old ones. display: block; Bernard Madoff exits federal court March 10, 2009, in New York City. 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. First came Dominic Ambrosino, a former corrections officer, a guy who used to be on the right side of the prison bars, as he said. Flying bug found at Walmart turns out to be rare Jurassic-era insect, Pence won't commit to supporting Trump if he's the nominee. Last year his lawyers filed court papers to try to get him released from prison during the pandemic, saying he had end-stage renal disease and other chronic medical conditions. Judge Chin also learned that day that Mr. Madoff would plead guilty to all 11 counts against him, including fraud, money laundering and perjury. Ruth is still living. The Madoff family took a severe financial hit: a judge issued a $171bn forfeiture order in June 2009, stripping Madoff of all his personal property, including real estate, investments, and $80m in assets his wife, Ruth, had claimed were hers. 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. Bernard Madoff, right, leaves US . Please enter valid email address to continue. But it was not just the elite and large firms who were victims of the fraud. Michael Livermore Weighs In, Podcast: Global Crisis Triggered by Knowledge Economy, Says Paul B. Stephan 77. Material from The Associated Press was used in this report. Andrew Denney. Two interns, both law students, suggested a term of 75 years, but when the judge asked them why, he said, they had trouble articulating their reasons. Another victim, Michael Schwartz, told Madoff he wished a jail cell would be the disgraced financier's coffin. 20,000 people may have been exposed to measles at Asbury University revival But in truth no securities were ever bought or sold. Frank DiPascali, the companys chief financial officer, said in a guilty plea in 2009 that the statements detailing trades were all fake. 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 . This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. On the Sunday before sentencing, the judge returned to the roughly 450 e-mails and letters that had come from victims. VideoAt the crash site of 'no hope' - BBC reporter in Greece, Sake brewers toast big rise in global sales, The Indian-American CEO who wants to be US president, How 10% of Nigerian registered voters delivered victory, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip. Madoff has already been ordered to forfeit assets worth more than $170 billion the amount prosecutors say "flowed into the principal account to perpetrate the Ponzi scheme." But no man is.". Visit our website terms of use and permissions pages at www.npr.org for further information. Judge Denny Chin denied Mr Madoff's request, noting many victims were still suffering due to their financial losses. Although he showed no emotion during their testimony, he did offer an apology to family and victims. "We thought he was God. "In nine years I've had two incidents and I think I dealt with them just fine," Chin said. Menaka Guruswamy, Arundhati Katju Helped Win Landmark Ruling in India, Consumer Information (ABA Required Disclosures), Asian Pacific American Law Students Association (APALSA), Jamar Walker 11 Makes History as First LGBT Federal Judge in Virginia, Sean Onwualu 24 Trades in Playbooks for Casebooks, LGBT Rights Litigators To Receive Jefferson Medals in Law, Big Data and War: Can a Cyberattack Warrant an Armed Response? 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. Madoff himself spoke in a monotone for about 10 minutes. When he applied for the judgeship, he was just 39, but there were 10 vacancies in the Southern District of New York for President Clinton to fill. She eventually gave him her own pension, funds, Judge Chin wrote in his notes. Earlier this week, Judge Denny Chin (S.D.N.Y.) In the financial world, the story of his rise to prominence how he left for Wall Street with Peter in 1960 with a few thousand dollars saved from working as a lifeguard and installing sprinklers became legend. Madoff was sent to do what amounted to a life sentence at Butner Federal Correctional Complex, about 45 miles northwest of Raleigh, North Carolina. 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. "I'm looking for people who are smart, I'm looking for people I can work with," said Chin, who gets 500 applications for clerkships every year. It all came crashing down in the winter of 2008 with a dramatic confession at Madoff's 12th-floor apartment on the Upper East Side. Cheryl Weinstein said, Bernard Madoff dresses like us, walks like us, eats and drinks like us, but underneath, he is a beast. In 1990, he joined the law firm Vladeck, Waldman, Elias & Engelhard, P.C., where he specialized in labor and employment law and represented employees and unions. Chin said the lawsuit contained sufficient facts to make it plausible that the suicide was foreseeable, that police had a duty to protect Conradt from killing himself, and that the officers and NBC acted with deliberate indifference. [9], On October 6, 2009, President Obama nominated Chin to the United States Court of Appeals for the Second Circuit. "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. [2][3][4] Chin was the first Asian American appointed as a United States District Judge outside of the Ninth Circuit. U.S. Court of Appeals Judge Denny Chin, a Chinese immigrant who grew up in a Hell's Kitchen tenement, is the subject of a newly released Pathways to the Bench video profile, the eighth in a video series in which federal judges talk about challenges that helped prepare them to serve justice.. Judge Chin, who joined the Second Circuit bench in 2010, recalls how he moved from Hong Kong to New . Bernie Madoff was born in 1938 in a lower-middle-class neighborhood in the New York borough of Queens. "It was a very vigorous job process because once you have the job you have it for life," he added. They had a $7 million Manhattan apartment, an $11 million estate in Palm Beach, Florida, and a $4 million home on the tip of Long Island. The judge ultimately concluded that even that would have been just way too low., In the end, I just thought he didnt deserve it, he said. In the 1950s, he engineered and produced classical music albums for Angel Records. Before issuing his ruling, Chin said he reviewed a copy of the Feb. 20, 2007 episode. [21], He was assigned the Google Book Search Settlement Agreement case on January 8, 2009, after the death of the previous supervising judge. The benefits of giving him hope were far outweighed by all of the other considerations.. "I dug myself deeper into a hole" as the scheme progressed, Madoff said, adding that he would "live with this pain, this torment, for the rest of my life.". [9] In 1986, Chin left the U.S. Attorney's Office and started a law firm, Campbell, Patrick & Chin, with two colleagues from the U.S. Attorney's Office. You would've never saw it coming. And I got into Bernie Madoff. Denny Chin is a United States Circuit Judge for the United States Court of Appeals for the Second Circuit. Klayman later alleged in a brief that because minorities cannot obtain positions in high places without the support of their communities, Chin could not have gotten his appointment without the support of John Huang. Im surprised Chin didnt suggest stoning in the public square, he added. I'm Melissa Block. 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. Outside the courthouse, her husband Ron said they were so fooled by Madoff that they were proud when their son was hired to work for the man who would one day destroy his family's finances. "It was clear the only reason he asked me these questions was because I'm Asian-American," Chin said. A former chairman of the Nasdaq stock market, he attracted a devoted legion of investment clients from Florida retirees to celebrities such as famed film director Steven Spielberg, actor Kevin Bacon and Hall of Fame pitcher Sandy Koufax. He also responded to the assertion in Mr. Sorkins letter that the unified tone of the victims statements suggested a desire for a type of mob vengeance that would seemingly negate the judges role. Following his pleading, Chin revoked Madoff's $10 million bail and ordered him to report immediately to jail at the request of the federal prosecutors, citing that Madoff had both the resources and the incentive to flee before his formal sentencing. US District Judge Denny Chin showed no mercy, sentencing Madoff to the maximum 150 years in prison. The ugly truth: No securities were ever bought or sold. Fraudster sentenced to 150 years in jail dies from natural causes, New York financier ran scheme that cheated investors of billions. When asked what types of questions he asks clerkship candidates, Chin said he always asks candidates to tell him about themselves. "He cheated his victims out of their money so he and his wife could live a life of luxury beyond belief.". . 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. His death was announced by the Bureau of Prisons. PESCA: Judge Chin had the last word, saying he believed investor losses to be closer to $60 billion. Madoff's other son, Andrew, died from cancer at age 48. They worked hard," said Thomas Morling, who worked closely with the Madoff brothers in the mid-1980s setting up and running computers that made their firm a trusted leader in off-floor trading. He said he struggled to find the right number the just sentence, as he described it. "You need to be an activist wherever you land, whether it be at a big firm by doing pro bono work and being involved in the community or doing something else in the public interest.". This material may not be published, broadcast, rewritten, or redistributed. 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. Mr Madoff had been serving a 150-year sentence after he pleaded guilty in 2009 to running a Ponzi scheme, which paid investors with money from new clients rather than actual profits. Chin spent much of his statement utterly dismissing each argument the Madoff team put forth. He cheated his victims out of their money so he and his wife could live a life of luxury beyond belief.. Madoff's case has become symbolic of Wall Street greed and a laissez-faire attitude toward federal oversight. Ruth is still living. Judge Chin then began reading his statement from the bench, adding a few phrases to acknowledge what he had seen and heard in court that morning. "He clearly represented something for a lot of people," he said. 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 . Ruth is still living. [17], Chin also presided over the criminal prosecution of Larry Stewart, the handwriting expert who was accused of committing perjury during the trial of Martha Stewart (no relation). Read about our approach to external linking. As agents scoured records for evidence of a broader conspiracy and cultivated DiPascali as a cooperator, the scandal turned Madoff into a pariah, evaporated life fortunes, wiped out charities and apparently pushed some investors to die by suicide. Administrative Oversight and Accountability, Director of Workplace Relations Contacts by Circuit, Fact Sheet for Workplace Protections in the Federal Judiciary, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. As well as Wiesel, investors in Madoffs company included the actors Kevin Bacon, Kyra Sedgwick and John Malkovich, and the Hollywood director Steven Spielberg. Chin wrote that a reasonable jury could find there was no legitimate law enforcement need for a heavily armed SWAT team to extract a 56-year-old prosecutor from his home when he was not accused of any actual violence and was not believed to have a gun. Copyright 2023 CBS Interactive Inc. All rights reserved. The victims who came forward testified that they had suffered financial ruin because of Madoff's fraud. About a dozen Madoff employees and associates were charged in the federal case. He was not bound by that figure, and he considered going beneath it, he said. In the headlines and news accounts that followed, the words extraordinarily evil seemed to be everywhere. Don't you get it? As a federal judge in the Southern District of New York, Judge Denny Chin sees some of the most cutting-edge cases in the country, so much so that three of his cases were used as plots for the popular Law and Order television series.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 . A former law clerk had e-mailed him to say that more than a dozen television trucks were already lined up near the courthouse. "I think in time we'll get more Asian-American judges as these Asian-American litigators get more experience under their belts," he said. But the most forceful number in federal court this morning was nine. Judge Denny Chin called Madoffs crimes extraordinarily evil. Judge Chin graduated from Princeton University magna cum laude and received his law degree from Fordham Law School. 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. The man who committed this horrible fraud is not the man whom I have known for all these years.". If the mind can scarcely comprehend a figure so large, the federal sentencing guidelines don't even try. Madoff "made a very good impression," Wiesel said during a 2009 panel discussion on the scandal. Chin assumed senior status on June 1, 2021. "Charles Ponzi is now a footnote," said Anthony Sabino, a defense lawyer specializing in white collar criminal defense. Because federal prisoners cannot be released before at least 85 percent of their sentences are served, it seems certain that Madoff will spend the rest of his life in confinement. "I think it's real important to have diversity" at the universities, he said. As Judge Denny Chin noted, the Madoff take is quite literally off the charts. 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It was symbolic. 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. Its a fair argument that you want to give someone some possibility of seeing the light of day, the judge said in an interview, so that they have some hope, and something to live for., And, he added, that was one of the struggles in Madoff., Judge Chin said he quickly rejected the idea of a 12-year sentence for Mr. Madoff, but pondered whether 20 to 25 years might be acceptable. I would literally take his naturalization petition, which I have framed in my chambers, and hold it up to the citizens.". This text may not be in its final form and may be updated or revised in the future. Madoff responded: "There is no innocent explanation.". The company became one of the largest market-makers - matching buyers and sellers of stocks - and Mr Madoff served as chairman of the Nasdaq stock exchange. [19], Chin presided over the criminal trial of Pak Dong-seon in connection with Pak's alleged involvement in the scandal surrounding the United Nations Oil-for-Food Program. There, with his brother and later two sons, he ran a legitimate business as middlemen between the buyers and sellers of stock. But as he finished for the night, he said, he felt vaguely unsatisfied with the draft, which he saved on his computer at 9:29 p.m. I was still struggling with the reasoning, he recalled. 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). At various times, he referred to his monumental fraud as a "problem," "an error of judgment" and "a tragic mistake. A court-appointed trustee recovered more than $13bn of an estimated $17.5bn that investors put into Madoffs business. He knew he would be arriving at work early. From his decision ruling that Megan's Law could not be applied retroactively to offenders convicted before the law was enacted (earning him the unwelcome nickname of "pervert's pal" from detractors), to his decision overruling former Mayor Rudy Giuliani's decision to block the Million Youth March, led by controversial black power leader Khallid Abdul Muhammad, Chin sees it all. I said, So basically youre splitting the baby? the judge remembered. Most judges will tell you that sentencing is the most difficult thing we do, he said. He had an intern quickly research relevant cases; he reviewed them and began writing, adding about 100 words to the draft. The recovered sum fell far short of the sums Madoff told duped clients he was managing. After spending several months under house arrest at his $7m penthouse apartment, he was led off to jail in handcuffs, to scattered applause from angry investors in the courtroom. IE 11 is not supported. When asked about affirmative action, Chin expressed mixed feelings. In the 1980s Bernard L Madoff Investment Securities occupied three floors of a midtown Manhattan high-rise. The global financial crisis of 2008 prompted the scheme to unravel, leaving thousands of victims bereft of their savings and Madoff as an avatar for the failure of regulators and financial corruption. 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. 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. Judge Chin says he understood Mr. Sorkins goal. Last year, Mr Madoff requested early release from prison citing health problems, including kidney disease. Judge Chin Leaving Seat, Along With Pa. Trial Judge - Law360", "Judge rejects Parents Television Council motion to Dismiss Lawsuit", "World Wrestling Entertainment Settles Lawsuit With Parents Television Council; Founder Brent Bozell Issues Apology", Judge Denies Application Involving Martha Stewart Trial Ink Expert, Government Witness in Martha Stewart Trial Not Guilty of Lying, Korean businessman guilty in oil-for-food case, Texas oilman Wyatt sentenced to year in prison, Google Wins: Court Issues a Ringing Endorsement of Google Books, Challenge to Google Books Is Declined by Supreme Court, "Anil Kumar gets 2 years' probation in Galleon case - The Boston Globe", Madoff Goes to Jail After Guilty Pleas to All Charges, Madoff Is Sentenced to 150 Years for Ponzi Scheme, "Judge Recounts His Thoughts in Madoff Sentencing", Hon. After the war, as an employee of Columbia Records, he helped create the 3313 rpm long-playing record. Chin currently teaches first year Legal Writing at Fordham as an adjunct professor. But I did not believe he was genuinely remorseful, he recalled. Judge Chin noted in the interviews that 20 or 25 years would have effectively been a life sentence for Mr. Madoff, and any additional years would have been purely symbolic. NBC was working with the activist group Perverted Justice on the sting, in which officers impersonating underage girls establish online chats with men and try to lure them to a house, where they are met by TV cameras and police. } So, you know, I've served. Wiesel described him as one of the greatest scoundrels, thieves, liars, criminals. [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. "The federal court is the place to be.". The request was denied. dismissed a lawsuit by a Florida man who blamed the Atkins. In court, Mr Madoff said that when he started the scheme in the 1990s, he hoped it would only be for a limited time. 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. "Life has been a living hell. Chin tossed out many of Patricia Conradt's claims but said her principal claims could proceed to trial. Since his decision, one of the other judges has changed her mind and a third judge has suppressed as well. The firm was investigated eight times by the US Securities and Exchange Commission because it made exceptional returns. He invited them in, then confessed after being asked "if there's an innocent explanation," a criminal complaint said. 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. [1] [2] Prior to his appointment, Chin served as a judge on the United States District Court for the Southern . More than 15,400 claims against Madoff were filed. "When Peter or Bernie said something that they were going to do, their word was their bond," Morling said in a 2008 interview. He was soft spoken and an intellectual. Mr. GEORGE NIERENBERG: I called him Madoff. 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. Weighing victim emails Typing on a computer in chambers, and on a laptop at home, Judge Chin continued preparing a draft of the statement that he would read in court. Accuracy and availability may vary. Early life. While the lawyer was not a member of the New York Bar, Chin sanctioned him, revoking his pro hoc admission membership granted to argue the case. There were several more Asian-American faces in Madison Square Gardens that night too. In the 1980s, Bernard L. Madoff Investment Securities occupied three floors of a midtown Manhattan high-rise. His 8-year-old felt torn and said, "'I love the Knicks, but I love Yao.'" PESCA: Words tumbled out of some victims, others vacillated between tears and rage. Bernie was by no means perfect. On the other hand, because he is one of few Asian-American federal judges, "I know that I have to do a good job, because I know that if I screw up, it's not just me," it will be the "Chinese judge" that screwed up. 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. Judge Denny Chin. He rules over civil and criminal cases, commercial cases, contract cases, murder cases, narcotics cases, "boiler room" cases and even the lawsuit regarding pictures published in Penthousethat were purportedly of tennis star Anna Kournikova; the real subject of the photos sued the magazine for printing pictures of her sunbathing topless on a public beach in Miami. The company previously called the lawsuit "completely without merit." As NPR's Mike Pesca reports, that pain and suffering was evident in the court today. MIKE PESCA: Thirteen billion dollars - that is the most conservative estimate of the amount of money Bernard Madoff stole. He stole from the rich. 2008 The Associated Press. By contrast, "it's hard to say whether being Asian-American is going to place anyone at a disadvantage," he said. Denny Chin is a federal judge on senior status with the United States Court of Appeals for the 2nd Circuit. Bernie Madoff, the financier who pleaded guilty to orchestrating the largest Ponzi scheme in history, died in a federal prison Wednesday, the federal Bureau of Prisons confirmed to CBS News. His criminal behavior devastated the lives of his victims, leading to suicides,. He insisted that he acted alone, describing a separate wholesale stock-trading firm run by his sons and brother as legitimate. "Often being a woman places you at a disadvantage at many big firms," he said. [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. The authoritative record of NPRs programming is the audio record. "It may be disgusting, but it's protected activity," he said. That was the number of victims allowed to speak. His own son attended Stuyvesant High School, a top public school in New York which bases admittance solely on a test. 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