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Government's Charges Against Bernard Madoff

Government's Charges Against Bernard Madoff

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Published by DealBook
From DealBook: The government's charges against Bernard L. Madoff.
From DealBook: The government's charges against Bernard L. Madoff.

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Published by: DealBook on Mar 11, 2009
Copyright:Attribution Non-commercial

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05/10/2014

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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKUNITED STATES OF AMERICA
INFORmTION
-v-09 Cr.BERNARD L. MADOFF,Defendant.
COUNT ONE
(Securities Fraud)The United States Attorney charges:
Relevant Persons and Entities
1.
At all times relevant to this Information, BernardL. Madoff Investment Securities LLC, and its predecessor, BernardL. Madoff Investment Securities (collectively and separately,"BLMIS"), had its principal place of business in New York, NewYork, most recently at
885
Third Avenue, New York, New York.BLMIS was a broker-dealer that engaged in three principal typesof business: market making; proprietary trading; and investmentadvisory services. BLMIS was registered with the United StatesSecurities and Exchange Commission ("SEC") as a broker-dealer andwas, beginning in or about 2006, registered with the SEC as aninvestment adviser.2. At all times relevant to this Information, MadoffSecurities International Ltd. ("MSIL") was a corporation
 
incorporated in the United Kingdom. MSIL was an affiliate ofBLMIS which engaged principally in proprietary trading.
3.
BERNARD L. MADOFF, the defendant, was the founderof BLMIS, and served as its sole member and principal. In thatcapacity, MADOFF controlled the business activities of BLMIS.MADOFF owned the majority of the voting shares of MSIL, andserved as the Chairman of MSIL's Board of Directors. MADOFF alsoserved on the Board of Directors of the National Association ofSecurities Dealers Automated Quotations (''NASDAQ"), and for aperiod served as the Chairman of NASDAQ.
The Scheme
to
Defraud
4.
From at least as early as the 1980s through on orabout December 11, 2008, BERNARD L. MADOFF, the defendant,perpetrated a scheme to defraud the clients of BLMIS bysoliciting billions of dollars of funds under false pretenses,failing to invest investors' funds as promised, andmisappropriating and converting investors' funds to MADOFF's ownbenefit and the benefit of others without the knowledge orauthorization of the investors.
5.
To execute the Scheme, MADOFF solicited and causedothers to solicit prospective clients to open trading accountswith BLMIS, based upon, among other things, his promise to useinvestor funds to purchase shares of common stock, options andother securities of large, well-known corporations, and
 
representations that he would achieve high rates of return forclients, with limited risk. In truth and in fact, as MADOFF wellknew, these representations were false. MADOFF failed to honorhis promises to BLMIS clients by, among other things, failing toinvest the BLMIS investment advisory clients' funds in securitiesas he had promised. Instead, notwithstanding his promises to thecontrary, and notwithstanding representations that MADOFF madeand caused to be made on tens of thousands of account statementsand other documents sent through the United States Postal Serviceto BLMIS clients throughout the operation of this scheme, MADOFFoperated a massive Ponzi scheme in which client funds weremisappropriated and converted to the use of MADOFF, BLMIS, andothers.
6.
In connection with this Ponzi scheme, BERNARD L.MADOFF, the defendant, accepted billions of dollars of investormoney, cumulatively, from individual investors, charitableorganizations, trusts, pension funds, and hedge funds, amongothers, and established on their behalf thousands of accounts atBLMIS. From the outset of the scheme, and continuing throughoutits operation, MADOFF obtained investor funds through interstatewire transfers from financial institutions located outside NewYork State and through mailings delivered by the United StatesPostal Service

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