Denny Chin is a federal judge on senior status with the United States Court of Appeals for the 2nd Circuit. The United States Senate Committee on the Judiciary reported Chin's nomination to the full Senate on December 10, 2009[10] and he was confirmed by a 980 vote on April 22, 2010. When he applied for the judgeship, he was just 39, but there were 10 vacancies in the Southern District of New York for President Clinton to fill. He was the sixth judge to address a motion to suppress in cases around the country, and he was the first to grant the motion. Bernie was by no means perfect. Frankly, that was not the message I wanted to be sent, he said. This material may not be published, broadcast, rewritten, or redistributed. PESCA: Judge Chin had the last word, saying he believed investor losses to be closer to $60 billion. ", She added: "Not a day goes by when I don't ache over the stories that I have heard and read.". [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. Victims of Mr Madoff's fraud included celebrities and everyday people, At the crash site of 'no hope' - BBC reporter in Greece. Madoff was in a bathrobe when two FBI agents arrived at his door unannounced on a December morning. After the meeting, a lawyer for the family contacted regulators, who alerted federal prosecutors and the FBI. The judge, explaining why he had rejected the defenses request for a substantially shorter sentence, provided two reasons why the symbolism of a much longer term was important: to send the strongest possible message of deterrence, and to help the victims heal. 5089. His grandfather had already established himself in America as a waiter, and his father became a chef and his mother worked as a seamstress. Other corporate victims were Royal Bank of Scotland and Man Group and Japan's Nomura Holdings. [8][9], Following a 1978 to 1980 clerkship with Judge Henry Werker in the Southern District, Chin worked for the law firm of Davis Polk & Wardwell from 1980 to 1982. 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. It collapsed during the 2008 financial crisis. "I also believe that Mr. Madoff was never truly remorseful, and that he. 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 . 2023 by the Rector and Visitors of the University of Virginia. 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. He is now a United States circuit judge for the Second Circuit. U.S. District Judge Denny Chin called the scope of the fraud "staggering" and gave the 71-year-old financier the maximum sentence allowed, ensuring Madoff would live out his days behind bars. This story, "," originally appeared in The New York Times. When asked about affirmative action, Chin expressed mixed feelings. A judge issued a forfeiture order stripping Madoff of all his personal property, including real estate, investments, and $80 million in assets his wife, Ruth, had claimed were hers. In 2009, U.S. District Judge Denny Chin sentenced Madoff to 150 years in prison, a verdict he said sent a message his crimes were "extraordinarily evil, and that this kind of manipulation of the . Judge Denny Chin explains his reasoning. 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. NPR transcripts are created on a rush deadline by an NPR contractor. After the sentencing, Ruth Madoff said in a statement that she felt "betrayed and confused" by the actions of her husband. It all came crashing down in the winter of 2008 with a dramatic confession at Madoff's 12th-floor apartment on the Upper East Side. Madoff admitted swindling thousands of clients out of billions of dollars in investments over decades. 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. Judge Chin was appointed district judge in the Southern District of New York in 1994 before being nominated to the U.S. Court of Appeals for the Second Circuit. Law. A Bankruptcy or Magistrate Judge? There was also Carla Hirshhorn, who said she was thankful that her father died before he realized that his wife's financial security was ruined. To learn more, visit the following links: Related Topics:Judges & Judgeships, Public Education. Money launderers 'prey on generation Covid', Human error to blame for train crash - Greek PM, At the crash site of 'no hope' - BBC reporter in Greece. He also responded to the assertion in Mr. Sorkins letter that the unified tone of the victims statements suggested a desire for a type of mob vengeance that would seemingly negate the judges role. Courthouse, 40 Foley Square, New York, NY 10007 | (212) 857-8500. Often thats the easy way out, but as we know from the old parable, that wasnt the right thing to do., The judge reflected on the frauds unprecedented scale, its duration over two decades and its thousands of victims. But it was not just the elite and large firms who were victims of the fraud. [1] [2] Prior to his appointment, Chin served as a judge on the United States District Court for the Southern . The order left her with $2.5 million. Soon after, Tom Fitzmaurice quoted his wife as saying, I cry every day when I see the look of pain and despair in my husband's eyes. Most judges will tell you that sentencing is the most difficult thing we do, he said. He decided to review it again the following day. Bernie Madoff leaves federal court in 2009. Subscribe to be notified when the news section is updated. Splitting the baby, to me, was sending the wrong message, he said. Mr. RON WEINSTEIN: We were taken by surprise, as every other victim. In the end, that fraud brought fresh meaning to "Ponzi scheme," named after Charles Ponzi, who was convicted of mail fraud after bilking thousands of people out of a mere $10 million between 1919 and 1920. He stole from the rich. He became so hated he had to wear a bulletproof vest to court. There, with his brother and later two sons, he ran a legitimate business as middlemen between the buyers and sellers of stock. As agents scoured records for evidence of a broader conspiracy and cultivated DiPascali as a cooperator, the scandal turned Madoff into a pariah, evaporated life fortunes, wiped out charities and apparently pushed some investors to die by suicide. Madoff pleaded guilty in March 2009 to securities fraud and other charges, saying he was "deeply sorry and ashamed.". So, you know, I've served. There was yet another home in the south of France, private jets and a yacht. 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. [24], In 2016, Chin joined the panel that upheld Tom Brady's suspension by Commissioner Roger Goodell for the Deflatgate scandal, In 2009 Chin presided over U.S. v. Madoff. Five went on trial in late 2013 and watched DiPascali take the witness stand as the government's star witness. Madoff responded: There is no innocent explanation.. "He cheated his victims out of their money so he and his wife could live a life of luxury beyond belief.". Imposing a 150-year sentence in 2009, judge Denny Chin called Madoffs crimes extraordinarily evil. Madoffs scam cost Wiesels foundation $15.2m. The report said the trustee has located assets and businesses "of interest" in 11 places: Great Britain, Ireland, France, Luxembourg, Switzerland, Spain, Gibraltar, Bermuda, the British Virgin Islands, the Cayman Islands, the Bahamas. PESCA: Cantor was hurt badly, but not ruined. Accuracy and availability may vary. Of the more than $17bn in cash losses, more than $14bn has been recovered. When it came Madoff's time to talk, he rose and kept two fists balled on the table as if for ballast. The request was denied. The list of those scammed included actor Kevin Bacon, Hall of Fame baseball player Sandy Koufax and film director Steven Spielberg's charitable foundation, Wunderkinder. A Class of 1975 graduate, Chin was the first Asian American appointed as a United States District Judge outside of California and Hawaii. School teachers, farmers, mechanics and many others also lost money. Judge Denny Chin, who now sits on the 2nd U.S. But the most forceful number in federal court this morning was nine. . His own son attended Stuyvesant High School, a top public school in New York which bases admittance solely on a test. How could this be real? On Thursday, Judge Denny Chin who had handed down Mr. Madoff's 150-year sentence more than a decade ago in New York denied the request. I'm Melissa Block. He said a jury might conclude it was done solely to sensationalize and enhance the entertainment value of the arrest. 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. Mr. Ambrosino's motor home is no longer for vacations. [8][9], President Bill Clinton nominated Chin to the Southern District bench on March 24, 1994, to a new seat created by 104 Stat. Copyright 2009 NPR. DiPascali recounted for jurors how just before the scheme was exposed, Madoff called him into his office. Louis William Conradt Jr., a suburban Dallas prosecutor, fatally shot himself after he was accused of engaging in a sexually explicit online chat with an adult posing as a 13-year-old boy, according to a lawsuit filed by his sister. [23], In 2012, Chin presided over the criminal sentencing of Anil Kumar, a senior executive of McKinsey and Company in the Galleon Group insider trading investigation. He encouraged students at the discussion to be Assistant U.S. But I did not believe he was genuinely remorseful, he recalled. Please enter valid email address to continue. Then Madoff turned and faced the victims and said, I know this will not help, I am sorry. ", First published on April 14, 2021 / 9:47 AM. In November 2013, Chin dismissed Authors Guild et al. The exact amount of the fraud has yet to be calculated, largely because it was so vast and went on for so long. A court-appointed trustee recovered more than $13bn of an estimated $17.5bn that investors put into Madoffs business. Chin said he felt diversity on the bench was a valuable goal, since it may help some plaintiffs or defendants understand that the legal system represents them as well. The man who committed this horrible fraud is not the man whom I have known for all these years.". And I got into Bernie Madoff. Ruth is still living. "Life has been a living hell. Cheers and applause erupted from the gallery as Chin announced the verdict. He took notes and sketched out themes as he went, with a view toward working them into his draft: Not just the wealthy or institutional clients., Not just money: It reaches to the core and affects your general faith in humanity, our government and basic trust in our financial system., The loss of dignity, the loss of freedom from financial worry.. At the time, both were being investigated for alleged illegal fundraising activities. The victims who came forward testified that they had suffered financial ruin because of Madoff's fraud. U.S. Court of Appeals Judge Denny Chin, a Chinese immigrant who grew up in a Hell's Kitchen tenement, is the subject of a newly released Pathways to the Bench video profile, the eighth in a video series in which federal judges talk about challenges that helped prepare them to serve justice.. Judge Chin, who joined the Second Circuit bench in 2010, recalls how he moved from Hong Kong to New . Read about our approach to external linking. 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. Madoff's other son, Andrew, died from cancer at age 48. 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. Before issuing his ruling, Chin said he reviewed a copy of the Feb. 20, 2007 episode. By contrast, "it's hard to say whether being Asian-American is going to place anyone at a disadvantage," he said. From 1994 until his appointment to the Second Circuit, he served as a United States District Judge for the Southern District of New York. As Judge Chin listened from the bench, nine of Mr. Madoffs victims described the devastation he had caused in their lives. Bernard Madoff pleads guilty Topics North Carolina "He clearly represented something for a lot of people," he said. The order left her with $2.5 million. February 26, 2008 / 5:54 PM Judge Chin also learned that day that Mr. Madoff would plead guilty to all 11 counts against him, including fraud, money laundering and perjury. As far as we know, Sorkin said, there was no ferreting away of funds. Tom Fitzmaurice accused Madoff of cheating his victims "so he and his wife, Ruth, could live a life of luxury beyond belief.". hide caption. "He'd been staring out the window the all day," DiPascali testified. "We never quite got the hang of developing business that was the hard part," he said. Denny Chin is a United States Circuit Judge for the United States Court of Appeals for the Second Circuit. The court heard from some in his position and some who said Bernard Madoff robbed their entire savings. Judge Chin then began reading his statement from the. "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. In bankruptcy filings, trustee Irving Picard said family members "used customers' accounts as though they were their own," putting Madoff's maid, boat captain and house sitter in Florida on the company payroll and paying nearly $1 million in fees at high-end golf clubs in Florida and on Long Island, N.Y. Picard has sought to reclaim ill-gotten gains by freezing Madoff's business bank accounts and selling off legitimate portions of his firm, Bernard L. Madoff Investment Securities LLC. As Fordham University School of Law's inaugural Lawrence W. Pierce Distinguished Jurist in Residence, Judge Denny Chin of the U.S. Court of Appeals for the Second Circuit says he . Ruth is still living. "Although the crimes Bernie was convicted of have come to define who he was - he was also a father and a husband. Applause broke out in the New York courtroom when the judge handed down the maximum sentence. Extraordinarily evil By the time Judge Chin entered his chambers on the morning of Monday, June 29, he had decided what his draft was missing, he said. "I'm looking for people who are smart, I'm looking for people I can work with," said Chin, who gets 500 applications for clerkships every year. In a society governed by the rule of law, he wrote, the message had to be sent that Mr. Madoff would get what he deserves, and would be punished according to his moral culpability.. [19], Chin presided over the criminal trial of Pak Dong-seon in connection with Pak's alleged involvement in the scandal surrounding the United Nations Oil-for-Food Program. "They're now Madoff schemes. 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 Order television series.But Chin's position is unique for another reason as well he was the first Asian-American appointed to a federal district court judgeship outside the 9th . Mr. IRWIN CANTOR: I'm a professional loser, yeah. "You see how our system works," he said. As Michael Patrick noted when he introduced Judge Chin at the luncheon at which he received New York County Lawyers Association's Edward Weinfeld Award: "Denny presided over both high profile and low pro-file cases. He joined the court in 2010 after an appointment by President Barack Obama (D). Madoff "made a very good impression," Wiesel said during a 2009 panel discussion on the scandal. Mr Madoff had been serving a 150-year sentence after he pleaded guilty in 2009 to running a Ponzi scheme, which paid investors with money from new clients rather than actual profits. He concluded it was not reasonable to permit the government to search the homes and seize the computers of thousands of individuals merely because their e-mail addresses were entered into a web site, where, in addition to gaining access to child pornography, they could engage in text-based activities such as participating in chat rooms and answering surveys. He stole from the poor. 2008 The Associated Press. Bernie Madoff, a Wall Street financier disgraced after he admitted to one of the biggest frauds in US financial history, has died in prison at age 82. Although the judge did not tell his staff his own views that day, he made it clear that he would not choose a term arbitrarily, nor would he compromise with a number halfway between zero and 150 years. "It's real important for you to be involved," he said. He knew he would be arriving at work early. Afterward, Ruth Madoff often a target of victims' scorn since her husband's arrest broke her silence that same day by issuing a statement claiming that she, too, had been misled by her high school sweetheart. I've served 11 years already, and, quite frankly, I've suffered through it.". He stole from the in between. (Its season tickets for the New York Mets went for $38,100.) [12] Chin assumed senior status on June 1, 2021. Citing data that showed Mr. Madoff, who was then 71, could expect to live about 13 more years, Mr. Sorkin asked for a term of 12 years just short of an effective life sentence, as he put it suggesting that Mr. Madoff might be allowed a year of freedom before he died. And he turned, he looked at me, but he never looked at the victims. That was the number of victims allowed to speak. Flying bug found at Walmart turns out to be rare Jurassic-era insect Visit our website terms of use and permissions pages at www.npr.org for further information. A spokeswoman for the company did not immediately return a telephone message. The amount includes all his personal property, real estate, investments and $80 million in assets that his wife who has not been charged had claimed were hers. The probation department had recommended a 50-year term, while the defense lawyer had sought 12 years behind bars for his client. And they kind of looked at each other and said yes. They agreed that it was probably not the best thing to do, he said. Copyright 2023 CBS Interactive Inc. All rights reserved. He would include the story in his draft. tally fair than Denny Chin." As a federal district judge, Judge Chin presided over a number of high-profile cases. [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). We trusted everything in his hands," Nobel Peace Prize winner Elie Wiesel, whose foundation lost $15.2 million, said in 2009. He was confirmed on April 22, 2010, by the United States Senate, filling the vacancy created by Judge Robert D. Sack who assumed senior status. Bernard Madoff exits federal court March 10, 2009, in New York City. 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. 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. Madoff was born in 1938 in a lower-middle-class Jewish neighborhood in Queens. He directed Klayman to explain the letter and in open court Klayman stated that he had written the letter because Chin was Asian. Bernie Madoff, the financier who pleaded guilty to orchestrating the largest Ponzi scheme in history, died in a federal prison Wednesday, the federal Bureau of Prisons confirmed to CBS News.. But in truth no securities were ever bought or sold. Senior Judge Denny Chin of the U.S. Court of Appeals for the Second Circuit. In an interview with The Washington Post he said he had "made a terrible mistake. . 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. Real important for you to be involved, '' he said `` betrayed and confused '' by actions... But the most difficult thing we do, he looked at each judge denny chin son dies and yes... 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