Securities and Exchange Commission v. Madoff et al

Filing 24

LETTER addressed to Judge Louis L. Stanton from Sharon E. Frase dated 3/1/09 re: Counsel asks that the Court issue the enclosed proposed order (the Relief Order) finding that actions taken under the federal forfeiture laws by the USAO, the Federal Bureau of Investigation ("FBI"), the U.S. Marshals Service ("USMS"), and their employees and agents (collectively, the "Prosecutor"), with respect to Madoff's property as defined in this letter, shall not constitute a violation of any of the following restraints set forth in the December 12, 2008 Order to Show Cause, Temporary Restraining Order and Order Freezing Assets and Granting Other Relief ("TRO"); the December 18, 2008 Order on Consent Imposing Preliminary Injunction, Freezing Assets and Granting Order Relief Against Defendants ("Preliminary Injunction"); and the February 9, 2009 Partial Judgment on Consent Imposing Permanent Injunction and Continuing Other Relief ("Permanent Injunction") entered by the Court in the above-captioned civil action against Madoff and BLMIS. USAO requests that the Prosecutor be exempted from those provisions with respect to any and all of the Madoff Property. The actions excluded from the Restraints would include, but not be limited to, the location, restraint, seizure, forfeiture, sale, transfer, encumbrance, disposal, management, maintenance, containment, negotiation, preservation, removal, storage, distribution, or dissipation of the Madoff Property. As part of the Relief Order, the USAO also requests the Court to direct that the Madoffs and their counsel shall be relieved from the Restraints to the extent needed to cooperate with the Prosecutor regarding the restraint, seizure, and disposition of forfeitable property in accordance with federal law. The USAO also requests, notwithstanding any other provisions of this Order, that the Restraints continue to apply to Ruth Madoff's New York City apartment, her home in Palm Beach. Florida, and the Madoffs' home in Montauk, New York (the "Madoff Homes"), without prejudice to a future application from the USAO for an order excluding from the Restraints any actions taken by the Prosecutor under the forfeiture with respect to the Madoff Homes. (mme)