Legal commentary on the fraudulent investment operation where the operator pays returns to its investors from new capital paid to the operators by new investors, rather than from profit earned by the operator.

This afternoon, Judge David Hittner sentenced R. Allen Stanford to 110 years in prison for his decades-long Ponzi scheme that bilked investors of over $7 billion. The court also imposed a personal money judgment of $5.9 billion. The sentence was less than half of what the Government requested, but given that Mr. View Full Post
The U.S. Court of Appeals for the Tenth Circuit recently addressed the question of when a defendant can withdraw an invocation of the Fifth Amendment right to refrain from making self-incriminating statements. Defendant Brian Smart was a fund manager accused by the Securities and Exchange Commission of operating a Ponzi scheme. View Full Post
In a per curiam Opinion issued this morning, the Ohio Supreme Court ruled that the beneficiaries of life insurance policies purchased by Roy Dillabaugh, who operated a Ponzi scheme, did not have standing to appeal a trial court’s order which ruled that that the Director of the Ohio Department of Commerce (“the Director”) was entitled to seek recovery of the insurance premiums paid for life insurance policies, but not the entire amount paid out under the policy. View Full Post
Husband Keeping Madoff Account in Divorce is Not Basis to Change Pre-Collapse Settlement Agreement Continuing to demonstrate New York’s public policy enforcing settlement agreements and the finality they bring to bear on divorce litigation, the Court of Appeals on April 3, 2012 held that the post-agreement discovery that the fact that a marital account had been invested with Bernard Madoff and retained by the husband upon the divorce was not a sufficient basis to set aside that agreement when the Madoff scheme later surfaced. View Full Post