"I cannot adequately express how sorry I am for what I have done," he said in March 2009, when he pleaded guilty. Disgraced financier Bernard Madoff was sentenced Monday to 150 years for his monumental Ponzi scheme. His criminal behavior devastated the lives of his victims, leading to suicides,. "They're now Madoff schemes. "It's rare than an institutional client gets handed down to a woman.". Although Chin said that by and large he has not experienced discrimination as a judge, there have been some incidents that happened because of his race. Part of the reason life tenure is so important is so that judges will not be unduly influenced by public opinion, he said, although he is careful to consider both sides of an issue in his judgments. A Bankruptcy or Magistrate Judge? Outside the court, other victims assemble. This material may not be published, broadcast, rewritten, or redistributed. Five went on trial in late 2013 and watched DiPascali take the witness stand as the government's star witness. He said a jury might conclude it was done solely to sensationalize and enhance the entertainment value of the arrest. His family moved to the United States in 1956 from Hong Kong under the Refugee Relief Act when he was just 2 years old. There were several more Asian-American faces in Madison Square Gardens that night too. School teachers, farmers, mechanics and many others also lost money. "You see how our system works," he said. Mr. IRWIN CANTOR: I'm a professional loser, yeah. "Here, the message must be sent that Mr. Madoff's crimes were extraordinarily evil and that this kind of irresponsible manipulation of the system is not merely a bloodless financial crime that takes place just on paper, but it is instead one that takes a staggering human toll," Chin said. With the verdict, Chin said he was sending a message "that Mr. Madoff's crimes were extraordinarily evil, and that this kind of manipulation of the system is not just a bloodless crime that takes place on paper, but one instead that takes a staggering toll.". Judges are advised to give the toughest sentences to those who have stolen up to $400 million. He called clerking "difficult," but rewarding at the federal court level. 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. [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. Please enter valid email address to continue. His grandfather and father both worked in Chinese restaurants in New York City, while his mother worked as a seamstress in Chinatown's garment district. Attorneys as well, even if the eventual goal is private practice, because it is rewarding work and a great experience, and also gives you "instant credibility" among judges. PESCA: Judge Chin had the last word, saying he believed investor losses to be closer to $60 billion. "It may be disgusting, but it's protected activity," he said. [8][9], President Bill Clinton nominated Chin to the Southern District bench on March 24, 1994, to a new seat created by 104 Stat. To learn more, visit the following links: Related Topics:Judges & Judgeships, Public Education. Google. At least two investors with Mr Madoff took their own lives after their losses. 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 said, So basically youre splitting the baby? the judge remembered. He had no values, former investor Tom Fitzmaurice told the judge at the sentencing. 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 Ordertelevision series. Top McCarthy aide, House Oversight chair each met with Ashli Babbitt's mother This story, "," originally appeared in The New York Times. [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). 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. Madoff was sent to do what amounted to a life sentence at Butner Federal Correctional Complex, about 45 miles northwest of Raleigh, North Carolina. Ruth is still living. On one hand, many Asian-Americans have done very well in America, he said, but more recent immigrants often face serious problems and prejudice and might be deserving of some special consideration. 2008 The Associated Press. The authoritative record of NPRs programming is the audio record. Flying bug found at Walmart turns out to be rare Jurassic-era insect "It was clear the only reason he asked me these questions was because I'm Asian-American," Chin said. I don't think so," he said. He said he struggled to find the right number the just sentence, as he described it. Bernie Madoff was born in 1938 in a lower-middle-class neighborhood in the New York borough of Queens. / CBS/AP. [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. There, with his brother and later two sons, he ran a legitimate business as middlemen between the buyers and sellers of stock. Now, all the money is gone, the judge said. Although he showed no emotion during their testimony, he did offer an apology to family and victims. And Madoff's 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 brother's misdeeds. He insisted that he acted alone, describing a separate wholesale stock-trading firm run by his sons and brother as legitimate. The exact amount of the fraud has yet to be calculated, largely because it was so vast and went on for so long. Mr Madoff is survived by his wife, Ruth Madoff, who maintained she was unaware of the scheme and was never charged. 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. Law. Instead, he was required to stack the maximum sentences for each count they totaled 150 years to calculate a recommended sentence under the federal advisory guidelines. When asked what types of questions he asks clerkship candidates, Chin said he always asks candidates to tell him about themselves. "I also believe that Mr. Madoff was never truly remorseful, and that he was only sorry that his life as he knew it was collapsing around him," he wrote. He felt that Mr. Madoffs conduct was so egregious, he said, that I should do everything I possibly could to punish him.. I said to my interns, What do you think? he recalled. He invited them in, and then confessed after being asked if theres an innocent explanation, a criminal complaint said. We did nothing wrong," said Dominic Ambrosino, a retired New York City corrections officer. Garland testifies before Senate panel amid ongoing special counsel probes, Colon cancer rates rising in younger age group, study finds, Firefighter dies battling blaze in downtown Buffalo, mayor says, 20,000 people may have been exposed to measles at Asbury University revival, Prosecution wraps its case at Alex Murdaugh murder trial, Top McCarthy aide, House Oversight chair each met with Ashli Babbitt's mother, What to know about Shigella bacteria as drug-resistant strain spreads, Ex-Georgia star Jalen Carter was racing in deadly crash, arrest warrants allege, Fiery train crash in Greece kills dozens, many of them students, Ponzi schemer Bernie Madoff dies in prison at 82. [2][3][4] Chin was the first Asian American appointed as a United States District Judge outside of the Ninth Circuit. Chin was born in 1954 in Kowloon, Hong Kong and came to the U.S. in 1956. [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. Bernie was by no means perfect. 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. The order left her with $2.5 million. Colon cancer rates rising in younger age group, study finds 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. "Bernie, up until his death, lived with guilt and remorse for his crimes," his lawyer Brandon Sample said in a statement. dismissed a lawsuit by a Florida man who blamed the Atkins. 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 . The lawyer turned around and made a motion that Chin recuse himself from the case, saying Chin was "too hard on him because he was Asian-American.". All Rights Reserved. Madoff was born in 1938 in a lower-middle-class Jewish neighborhood in Queens. .component--type-recirculation .item:nth-child(5) { Judge Chin says he understood Mr. Sorkins goal. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. [5] He graduated magna cum laude with a B.A. Although he went through an extensive background check, "my confirmation hearing took about five minutes, maybe three minutes it was that simple.". Chin's path to his judgeship offers a compelling parable of an immigrant's success. President Bill Clinton nominated Chin to the district court on March 24, 1994, and Chin was confirmed August 9 of that same year. [7] In 1978, Chin graduated from Fordham University School of Law with a Juris Doctor, where he was the Managing Editor of the Fordham Law Review. Denny Chin, Southern District of New York Court site, "Chin Shares Experiences as Federal District Court Judge, https://en.wikipedia.org/w/index.php?title=Denny_Chin&oldid=1133235341, This page was last edited on 12 January 2023, at 20:46. He was not bound by that figure, and he considered going beneath it, he said. 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. [1] [2] Prior to his appointment, Chin served as a judge on the United States District Court for the Southern . Judge Denny Chin spoke informally to students at an event sponsored by APALSA April 1. A court-appointed trustee has recovered more than $13 billion of an estimated $17.5 billion that investors put into Madoff's business. Judge Chin, who joined the Second Circuit bench in 2010, recalls how he moved from Hong Kong to New York City at the age of 2. "He'd been staring out the window the all day," DiPascali testified. He joined the court in 2010 after an appointment by President Barack Obama (D). Pak was convicted by a jury and sentenced by Chin to 5 years in prison.[20]. Chin slept with his four siblings in the living room of a one-bedroom apartment, a situation he said was common in his neighborhood. Material from The Associated Press was used in this report. 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. As NPR's Mike Pesca reports, that pain and suffering was evident in the court today. "Life has been a living hell. After the meeting, a lawyer for the family contacted regulators, who alerted federal prosecutors and the FBI. Mr. Madoff rose and offered a lengthy apology, saying he felt horrible guilt. He turned to face the victims, and apologized again. We trusted everything in his hands," Nobel Peace Prize winner Elie Wiesel, whose foundation lost $15.2 million, said in 2009. Chin presided over the criminal trial of Oscar Wyatt, the Texas oil executive accused of making kick-backs to the Saddam Hussein regime during the UN Oil-For-Food Program. This contrasted with Madoff's attorney, Ira Sorkin, who spoke in a halting and, at times, qualified language. [25] On June 29, 2009, Chin accepted the prosecutor's recommendation to sentence Madoff to a prison term of 150 years, thus effectively handing down a life sentence. Subscribe to be notified when the news section is updated. Authorities later said that over the years, at least $13bn was invested with the company, which used an old IBM computer to crank out monthly statements showing steady double-digit returns, even during market downturns. 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. [14] At the time, the PTC had been campaigning for advertisers to withdraw sponsorship of WWE's flagship program SmackDown because it believed that the program caused the violent deaths of four children. It was symbolic. I mean, serial killers get a death sentence, but thats virtually what he gave me.. Fraudster sentenced to 150 years in jail dies from natural causes, New York financier ran scheme that cheated investors of billions. Judge Denny Chin: Born To Run Time for a quick break from Biglaw and bonuses. Bernard Madoffs Manhattan penthouse, Long Island getaway and Florida estate are for sale in the hopes of raising tens of millions of dollars to help reimburse victims of his Ponzi scheme. Madoff pleaded guilty in March 2009 to securities fraud and other charges, saying he was "deeply sorry and ashamed.". His own son attended Stuyvesant High School, a top public school in New York which bases admittance solely on a test. Mr. Ambrosino's motor home is no longer for vacations. 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. Madoff responded: There is no innocent explanation.. On the Sunday before sentencing, the judge returned to the roughly 450 e-mails and letters that had come from victims. 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. Denny Chin (; born April 13, 1954[1]) is a Senior United States circuit judge of the United States Court of Appeals for the Second Circuit, based in New York City. 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). Please enter valid email address to continue. 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. Cheryl Weinstein said, Bernard Madoff dresses like us, walks like us, eats and drinks like us, but underneath, he is a beast. "Is there rampant racism? 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. Madoff, known as Bernie, was a former chairman of the Nasdaq stock exchange, and was regarded for years as an investment sage. 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. Founded in 1819, the University of Virginia School of Law is the second-oldest continuously operating law school in the nation. In the 1980s Bernard L Madoff Investment Securities occupied three floors of a midtown Manhattan high-rise. Responding to a question from Second Circuit Court of Appeals Judge Denny Chin on whether local authorities could investigate the president under that hypothetical, Consovoy replies: "I think once . Denny Chin is a United States Circuit Judge for the United States Court of Appeals for the Second Circuit. In her lawsuit, Patricia Conradt claims a police officer at the scene of the shooting told a "Dateline" producer: "That'll make good TV. He knew he would be arriving at work early. hide caption. Frank DiPascali, the companys chief financial officer, said in a guilty plea in 2009 that the statements detailing trades were all fake. But what the SEC 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. Then he. 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. Wiesel described him as one of the greatest scoundrels, thieves, liars, criminals. 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.". ", "I'm terminally ill," he said. Mr. Madoff, speaking by phone from federal prison in Butner, N.C., said he believed that Judge Chin went along with the mob psychology of the time., Explain to me who else has received a sentence like that, Mr. Madoff said. Video, At the crash site of 'no hope' - BBC reporter in Greece, Harry and Meghan told to 'vacate' Frogmore Cottage, China and Belarus call for peace in Ukraine, Rare Jurassic-era bug found at Arkansas Walmart, Ed Sheeran says wife developed tumour in pregnancy, Dozens of girls treated after new Iran poisonings, Man survives 31 days in jungle by eating worms. But it also took a toll in more personal terms. Mr. CANTOR: I wasn't doing as well as I could've been (unintelligible). Earlier this week, Judge Denny Chin (S.D.N.Y.) C.W. Yet symbolism was important, he said, given the enormity of Mr. Madoffs crimes. "The law naturally appealed to me, in part because of the challenges we faced growing up," Judge Chin recalls in the video. But family members as well as brokerages that recruited investors have come under intense scrutiny by the FBI, regulators and a court-appointed trustee overseeing the liquidation of Madoff's assets. The Associated Press contributed to this report. The terms require the Madoffs to sell a $7 million Manhattan apartment where Ruth Madoff still lives. Chin assumed senior status on June 1, 2021. I'm Melissa Block. The sentencing of Bernard L. Madoff required balancing the law against the public anger his fraud had inspired. 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. Three weeks after Chin ruled on a commercial breach of contract case involving plaintiff's lawyer Larry Klayman, Klayman wrote a letter to Chin asking if he had any connection to John Huang or the Democratic National Committee. The probation department had recommended a 50-year term, while the defense lawyer had sought 12 years behind bars for his client. "He clearly represented something for a lot of people," he said. [22] On April 18, 2016, the Supreme Court turned down an appeal. "It was a very vigorous job process because once you have the job you have it for life," he added. By contrast, "it's hard to say whether being Asian-American is going to place anyone at a disadvantage," he said. February 26, 2008 / 5:54 PM Madoff's lawyers had dubbed the sentence beyond 12 years as having no practical purpose. Imposing a 150-year sentence in 2009, judge Denny Chin called Madoff's crimes "extraordinarily evil". Madoff raised his profile by using the expertise to help launch Nasdaq, the first electronic stock exchange, and became so respected that he advised the Securities and Exchange Commission on the system. Moreover, any sentence of less than 150 years could be seen as showing him mercy. Chin tossed out many of Patricia Conradt's claims but said her principal claims could proceed to trial. 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