Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

The business on: Irving Picard, Trustee, Bernard Madoff Investment Securities

Stephen Foley
Tuesday 02 November 2010 01:00 GMT
Comments
(Bloomberg)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

The man they call 'The Liquidator'?

Overlooking the total lack of similarity between an Arnold Schwarzenegger-style creation and a mild-mannered bankruptcy lawyer in his late sixties – yes, that's the one.

What is his mission?

After the world discovered that Bernard Madoff's $65bn investment business was a giant Ponzi scheme, Irving Picard was appointed as bankruptcy trustee, charged with recovering whatever money he could and handing it out to victims.

How is he doing?

So far, he has recovered about $1.5bn from the sale of Madoff's personal assets, settlements with Madoff's business associates, and clawbacks from some investors who were lucky enough to have taken a lot of money out of their Madoff accounts.

But $1.5bn out of $65bn is... not a lot.

The $65bn was entirely fictitious, the sum total of more than 14,000 Madoff investors' accounts, all with made-up returns fabricated over many decades. According to a court filing over the weekend, Mr Picard squeezed out only $849,000 more in the six months to 30 September.

What has been the reaction?

From some quarters, anger. Mr Picard spent $26.9m in legal fees (including his own hourly rate) over the same period, for a paltry return.

And Madoff victims are already angry with the trustee, right?

A lot of them are. Mr Picard decided to disregard the $65bn figure and compensate people only on the basis of their real loss, the difference between what they put in and what they took out. Long-term investors might have taken out plenty over the years, and they are getting nothing back, even if they thought they had a nest egg left for their retirement.

Harsh, but fair.

That was the court's conclusion. In fact, Mr Picard has won numerous legal challenges to his methodology and his fees. On second thoughts about that nickname, maybe you do need to be made of steel to do this job.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in