Madoff with the Money (22 page)

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Authors: Jerry Oppenheimer

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The financial ties between Madoff and the Joel-Samuels family became public in March 2009 when Howard and Patty Samuels' son—22-year-old Andrew Ross Samuels, a student at Brooklyn Law, where Bernie had gone for a year to escape the military—alleged in court papers that a college trust fund established in 1997 for him by his grandfather, Marty, had been obliterated in Bernie's Ponzi scheme.
Ironically, the trust was in part funded by Marty Joel's and the Samuelses' close friends at the time, Bernie and Ruth, who each gave a gift of $10,000.
As the
NewYork Post
observed,“Bernie Madoff Giveth—and Bernie Madoff Taketh Away.”
Bernie's brother, Peter Madoff—the senior managing director of Madoff, director of trading, chief compliance officer, and general counsel with a law degree from Fordham University—was the trustee. For 40 years he had been Bernie's number two honcho. He played a key role in the firm. It was even said that the two brothers flew in separate planes because if there was a crash and Bernie was killed, Peter would be the one to take over.
(It was the second lawsuit filed against Peter Madoff since his brother took the entire rap for the whole Ponzi scheme.)
After Marty Joel died, Peter Madoff invested the $478,000 trust in the Madoff money management operation—the heart and soul of the Ponzi scheme.
Based on the allegations, a justice of the Nassau County, New York, Supreme Court issued an order temporarily freezing 63-year-old Peter Madoff 's assets. At the time, an attorney for Peter Madoff; his wife (the former Marion Sue Schwartzberg, also a Laurelton native); and their daughter, Shana, the trading room compliance officer at Madoff, declared it was “absurd” that Peter Madoff had anything to do with his brother's crimes, and further stated that his client had lost millions of dollars in Bernie's scheme.
The asset freeze on the younger Madoff prohibited him from moving money around, or from selling or borrowing against his assets, such as the family mansion in Old Westbury, New York, or the house in Palm Beach near Bernie's place. Some years earlier, the brothers had transferred ownership of many of their properties to their wives. On the Palm Beach property, Marion Madoff got a $25,000 homestead exemption in 2007. Ruth got a similar exemption on the $9.3 million home she and Bernie had in Palm Beach. Florida law protects homes from seizure.
Earlier, shortly after Bernie was arrested, Peter reportedly had agreed with federal prosecutors to a voluntary freeze on his assets.
Howard Samuels called the court freeze “completely justified” and declared, “Peter never acted in the capacity he was supposed to perform, protection of my father-in-law's grandson. He absolutely dropped the ball.” For instance, one of the things that Peter Madoff was supposed to do, which he didn't, was notify the young Samuels that he could have terminated the trust when he turned 21 in 2007. Peter Madoff resigned as trustee in May 2008, leaving the young man's money in the Ponzi fund.
In April 2009, the judge in the case allowed a change in the freeze—basically modifying it so as not to interfere with federal prosecutors probing the broader Madoff case, and permitting Peter Madoff to use $10,000 a month of his assets as living expenses. But he was still restricted by the court from transferring his property or assets.
Peter Madoff had complained that the asset freeze kept him from buying “even a cup of coffee.”
One Madoff investor who lost the farm says he was dumbstruck when he read about Peter's complaint about not having enough money to live on. “He lives like royalty, with fancy cars and a big house, and he's whining about not having enough pocket money. So many of us don't have a pot to piss in now because of what his brother did to us.”
Andrew Samuels was not the first to publicly connect Peter Madoff to Bernie's fraudulent activities. Rather, the first lawsuit against Peter Madoff involved a prominent politician.
Two months after Bernie was arrested, attorneys for the family foundation of New Jersey Senator Frank R. Lautenberg and his two adult children, Joshua and Ellen—who were taken for more than $7.3 million in the Ponzi scheme—sued Peter. The suit, filed in federal court in New Jersey, accused Peter, as chief compliance officer of the firm, of either failing to find evidence of the scam or actually concealing it.
“There were many obvious material red flags evidencing the giant Ponzi scheme that were recklessly ignored,” according to the complaint. The lawyer for the Lautenbergs, Ronald Riccio, said that Peter Madoff “had a duty to protect the individuals and entities that invested in the firm from fraud and misconduct.”
The Lautenbergs' private foundation, which had made investments in 2001 and 2002, saw its money more than double to $15.4 million in the month before Bernie was arrested. But that spectacular growth was just on paper based on the fraudster's bogus investments. It was pure hot air. The recipients of the foundation's money included a New Jersey hospital and a Jewish organization.
Lautenberg, the senior senator from the Garden State and a liberal Democrat, was among a number of politicians to whom Bernie had made campaign contributions—no surprise in Lautenberg's case since he was one of the richest in the U.S. Senate, and one whose foundation saw Madoff as a good place to invest.
The
Record
newspaper of Bergen County, New Jersey, analyzed election filings and found that more than $400,000 in campaign contributions had been given to federal candidates in New Jersey since 2006 by Madoff and family members tied to the firm. Lautenberg received $13,600 for his 2008 reelection campaign.
The senator's spokesman said after the suit was filed, “We will be ridding ourselves of the contribution.”
Lautenberg's son, Joshua, had invested $1 million with Madoff in 2003, and by the month before Bernie was arrested, his principal had also grown on paper—to $1.78 million—and daughter Ellen Lautenberg's $600,000 investment in the same year had grown to $1 million, the lawsuit claimed.
But, now, all of it was lost.
Chapter 10
A Madoff Speaks Out and an Empty Promise
In the months leading up to the formal sentencing of Bernie in late June 2009, the close-knit Madoff family remained tight-lipped, refusing to make any public statements, except through attorneys as many of them came under scrutiny for their intimate business connections to the patriarch-felon.
On her visits to see her jailbird hubby at the Metropolitan Correctional Center in lower Manhattan, Ruth Madoff, the once coiffed and beautified matriarch of the now embattled and infamous dynasty, looked drawn and pale and thinner than her usual sprightly 100-pound self, and was mum whenever journalists approached.
On one such visit, however, an aggressive ABC News field producer pursued Ruth on camera and asked whether she had anything to say to her husband's many victims. “I have no response to you,” she said, and then it was reported that she had added, “Fuck you” under her breath as she got into a taxi. Her purple language was not out of character. Bernie's longtime secretary, Eleanor Squillari, asserted that Ruth could speak “very harshly to people. If Bernie said something to Ruth that annoyed her, she'd say, ‘Go fuck yourself,' or ‘I don't give a shit.' That's the way they talked to each other.”
To make matters even worse than having been branded Bernie's trash-talking moll, Ruth had been banned from her chic Upper East Side Manhattan hair salon, Pierre Michel, where she'd been a VIP client for a decade, getting her conservative and preppy bob cut and colored—at 69, the gray naturally was starting to show. After the
New York Post
ran a “Page Six” gossip item declaring that “Bernie Madoff is costing his wife her looks,” a representative for the salon, which billed itself as a “magnet for celebrities, socialites, fashionistas, and trend-setters” said in a statement:“The Pierre Michel salon's clients are among some of Manhattan's most elite. Unfortunately some of those clients were victims of the Madoffs and therefore Pierre Michel didn't feel comfortable having her in the salon.”
While Ruth had not been charged with any crimes, she had now been sentenced to the hardship of finding an upscale Manhattan salon that didn't have Madoff victims as clients—a difficult task indeed—and one that would treat her in the manner to which she was accustomed.
She wasn't the only Madoff woman who was so snubbed. Not long after Bernie was arrested, Peter Madoff 's wife, Marion, was said to have been in a tony salon in Manhasset, on Long Island, and was overheard “talking about going on a vacation,” according to Madoff victim Sherry Fabrikant. “Two of my friends were there and were disgusted, and they told me,‘We left.'” The salon in question declined to confirm or deny that Marion Madoff was a client.
The only Madoff family member who granted the author an interview (in response to a message from the author) was Jennifer Madoff. Not only was Jennifer a victim of Bernie's fraud, but she was also a widow whose young husband, Roger Madoff, Peter and Marion's son, had died on April 16, 2006, from leukemia at the age of 32.
The lengthy death notice that appeared in the
New York Times
the next day had loving eulogies from Madoff family members and friends. There were even some kind remarks from those who would be Bernie's victims, among them his close friend, the Boston philanthropist Carl Shapiro, who later came under investigation, and Susan Blumenfeld, Bernie's interior designer who also had the task of helping Ruth choose her wardrobe, and who along with her developer husband, Edward, lost millions. Roger's cousins, Mark and Andy Madoff, wrote, “Our dear Roger, you fought bravely to the end, never losing any of the wonderful spirit of you. . . . You will be in our hearts forever.” His parents called him their “most special, courageous son. . . . May you rest in peace. We love you. XOXO, Mom and Dad.”
After Roger died, Jennifer Madoff had self-published a touching, inspirational, and often humorous memoir he had written while he was dying entitled
Leukemia for Chickens: One Wimp's Tale about Living through Cancer
.
Thinking of himself as “the black sheep of the family,” young Madoff had reluctantly left a career he loved—writing about and covering business news for Bloomberg News—to work in a new Madoff family venture called Primex Trading at the behest of his father. He described himself as “becoming the last of my generation of Madoffs to succumb to joining the family firm.” Peter Madoff envisioned Primex to be a virtual reality type of Big Board. “My father is an entrepreneur and always looking for new ideas,” Roger said in his book. “My father had become enamored with this concept and had laid the groundwork for the project.”
Because of the Madoff firm's sterling reputation back in 1999 when Primex was born, two giants of Wall Street—Merrill Lynch and Goldman Sachs—had joined in the venture. But Roger had once told a friend in an e-mail, “This job is killing me.”

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