Attorneys say Madoff associate's death complicates efforts to recoup losses
Filed under: People
The death of Jeffry Picower, accused of profiting more than $7 billion from the investment schemes of his longtime friend Bernard Madoff, will make it more difficult for suing investors to recoup their money, attorneys said.Picower's wife, Barbara, on Sunday discovered the 67-year-old's body at the bottom of the pool at their oceanside mansion and pulled him from the water with help from a housekeeper, authorities said. He was pronounced dead at Good Samaritan Medical Center at about 1:30 p.m. Palm Beach police are investigating the death as a drowning, but have not ruled out anything on the cause of death.
Picower had been accused by jilted investors of being the biggest beneficiary of Madoff's schemes. In a lawsuit to recover Madoff's assets, trustee Irving Picard demanded Picower return more than $7 billion in bogus profits. In an e-mailed statement Sunday, Picard said only that "litigation will continue."
Jerry Reisman, an attorney representing about 26 victims, said Picower's death does make it more difficult for the trustee to recoup some of the money.
"We won't be able to hear from his own words whether he was complicit," Reisman said.
Picower suffered from Parkinson's disease and had "heart-related issues," said family attorney William D. Zabel. He described Picower's health as "poor."
Picower's body showed no visible injuries, said Joseph Sekula, spokesman for the Palm Beach Fire Department. He said it did appear he was swimming because he was wearing trunks.
The home and property is worth more than $33 million, according to the county property appraiser's records.
Picower and his wife started the Picower Foundation in 1989, which has given millions to the Massachusetts Institute of Technology, Human Rights First and the New York Public Library. It also funded diabetes research at Harvard Medical School.
The foundation, whose assets were managed by Madoff, said in its 2007 tax return its investment portfolio was valued at nearly $1 billion.
After the Madoff scandal broke in December, the Picower foundation said it would have to cease grant-making and would be forced to close.
But the trustee's lawyer said Picower's claims that he was a victim "ring hollow" because he withdrew more of other investors' money than anyone else during three decades and should have noticed signs of fraud.
According to the lawyers, Picower's accounts were "riddled with blatant and obvious fraud," and he should have recognized that because he was a sophisticated investor.
Picower had asked that the lawsuit be dismissed, saying it was unsupported by the facts.
Madoff is serving a 150-year prison sentence after he admitted losing billions of dollars for thousands of clients over a half-century career that saw him rise to be a Nasdaq chairman. Madoff's attorney, Ira Sorkin, did not respond to a request for comment.
Jonathan Landers, an attorney representing a large group of victims, said in an e-mail that it was impossible to tell what effect Picower's death would have on efforts to recover funds lost in Madoff's massive Ponzi scheme.
"While there are allegations regarding his knowledge of the Madoff fraud and his possible liability to investors, none have been proven," he wrote. Landers added that even if such facts could be proved, Picower's "death could make it easier or more difficult to obtain and collect on claims."
"It may cause those who have control of his assets to fight harder because there is no longer any personal dignity or desire to settle and move on," he wrote.
Associated Press writers Lisa Orkin Emmanuel in Miami and Cristian Salazar in New York City contributed to this report.



























Reader Comments (Page 1 of 1)
10-26-2009 @ 8:23AM
peter said...
ok you lousy lawywers, he was complicit. you heard it from me.
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11-21-2009 @ 4:20PM
John said...
The corrupt can't point fingers at the corrupt. It's the law of the corrupt. Wilson had a brain fart when he shouted, "Liar". It's no surprise that Jeffry Picower is able to live in luxury and have the finest of things while the people he ripped off try to recover from their loss. How long is it going to go on. You would think our Gov. would be keeping and eye on these people. Making sure that their sudden growth in extreme wealth is legit, but then again I have to go back to my first sentence.
http://www.itrustgodonly.com
10-26-2009 @ 8:38AM
Lord Enki said...
What's the problem they are all guilty through association, and this reeks of the same thing that happened with ENRON. The rich get away with it again and our wonderful judicial system lets it happen.
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10-26-2009 @ 9:49AM
jay said...
It figures, Madoff got into a fight last month while he is in prison from what I cant tell he wasnt a punk, he held his own and beat some down. HHHMMMMM Now folks are starting to turn up dead. This is a no brainer Madoff, has got a little pull now. His new Prisoner freinds are going to be buddy buddy with him
because they feel that there is going to be a big payday. My prediction : he is going to scam his new prison buds to get some of his dirty work done. I think he still has access to a lot of those missing dollars. Amazing how prison can fine tune your gantser skills.
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10-26-2009 @ 10:14AM
ajgorm said...
The problem is if they finger one they finger them all or is it if they throw us a patsy to blame the others walk free to spend the loot everyone remains happy except for Madoff. The fact remains that he did not do this alone but who cares just as long as spread the wealth continues or is that Pork the wealth continues. Who knows. But one guy managing Billions and not trading anything would raise some eyebrows he must have 100 hands or is that pad some 100 crooks pockets to look the other way. bankers are above the law or are they the law they can con us out of anything and get away with it..
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10-26-2009 @ 10:40AM
Kate said...
The finger pointing has gone beyond stupidity now. Investors wanting to sue other investors for profits received, should be sued themselves for the profit they pocketed. If Picower is quilty of making money off Madoff... aren't the investors suing him equally as quilty? Didn't they too, make fantastic money off their investments? And shouldn't those investors been suspicious of their healthy returns off the Madoff scheme? Picower had more money to invest, therefore he reaped a bigger profit. That doesn't mean he's anymore guilty then the small investor. I hope the judge throws the case out of court.
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10-26-2009 @ 10:47AM
Fred Thomas said...
So he died, big deal, we all knew this guy wasn't going to return any of the money. Shall we all take a quess as to who killed him?
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10-26-2009 @ 11:20AM
Ron said...
This is called "Free Market Capitalism". I call it a system built on lies and theft for the benefit of the few. Capitalism is basically a very corrupt system and should be abolished. A Democratic Socialistic society that ultimately includes everyone instead of including only the lucky and corrupt few cannot last forever and will probably die a much deserved death. This cannot go on and must not go on.
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10-26-2009 @ 4:05PM
Floridian said...
I think you are talking about Mayor Delasando(?) of Baltimore. His daughter is Nancy Pelosi, who is fourth in line of the Presidency.
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