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Investors who have lost their money in what is alleged to be the world’s biggest financial fraud may also be made to repay any profits that they made to US liquidators. Under a new bankruptcy ruling, any investors who withdrew cash from the hedge fund run by Bernard Madoff before the $50 billion (£34 billion) fraud was discovered could be forced to return their original investment and any profits.
The ruling, which was made in October, will come as a devastating development to Walter Noel, 78, the billionaire whose own investment firm — Fairfield Greenwich — lost $7.3 billion in Mr Madoff’s scheme.
As the victims began a batch of lawsuits against him, one financier who had invested his own clients’ money with Mr Madoff committed suicide yesterday. Thierry de la Villehuchet, 65, the co-founder of Access International Advisors, a fund management company, killed himself in his Madison Avenue office after losing as much as $1.4 billion.
As the FBI and the Securities and Exchange Commission began to construct the world’s biggest fraud case against Mr Madoff, a second class-action lawsuit was filed against Mr Noel and Fairfield Greenwich.
The plaintiffs accuse Mr Noel of failing to vet Mr Madoff adequately. The Fairfield Greenwich founder had invested $7.3 billion of his own, his family and investors’ money. Mr Noel’s role as a financier who introduced new clients to Mr Madoff — through “feeder funds” such as Fairfield — is also under scrutiny by federal investigators.
While the financial cost to Mr Noel is already public, the personal cost to the Manhattan socialite and his wife, Monica, has yet to emerge.
The couple and their five daughters were well known on the New York and Connecticut party circuits, regularly hosting social events at their Park Avenue apartment in the Upper East Side of New York and at their home in Greenwich, Connecticut. It was through these parties that Mr Noel and four of his sons-in-law, who worked for the family firm, were able to attract new investors drawn from America’s financial elite.
According to David Patrick Columbia, of New York Social Diary, the website chronicling the city’s monied social scene, Mr Noel and his wife had made a concerted effort over the past five years to be part of the wealthy New York set.
He said: “He is a kind of Jimmy Stewart figure with a craggy face and has five beautiful daughters. They were very attractive, very rich and very successful — that gets you into that set.”
Speaking to The Times on Monday evening, Monica Noel seemed unruffled by the scandal. Believing that she had been connected to another party, she chatted about arrangements for a wedding reception in Mexico.
The family divide their time between the flat in New York — 11 blocks from where Mr Madoff is under 24-hour house arrest — the house in Connecticut and a villa in Florida. It is also believed that the Noels have a home on the Caribbean island of Mustique.
Two weeks ago Mr Madoff shocked the world’s financial community when he allegedly confessed to his two sons — Mark and Andrew, who worked for him — that his business was “basically, a giant Ponzi [pyramid] scheme” and that “it’s all just one big lie”. He also told his sons he believed that he had defrauded about $50 billion from his investors.
Mr Madoff is said to have told his sons that he would disburse the remaining $300 million in his business to staff, family and friends and then turn himself in, but they informed the FBI before he had chance to do so.
Mr Madoff is charged with one count of fraud and, having failed to secure a remaining $3 million to meet bail conditions, has been electronically tagged. His wife, Ruth, has been ordered by a New York court to hire and pay for security guards to protect her husband from irate investors and to prevent him from fleeing.
Lawyers are preparing class actions on behalf of investors against Mr Madoff, his business, and the feeder funds that supplied him with fresh capital.
They are expected to use a precedent set by a landmark case seeking the return of cash from the Bayou Hedge Fund Group, which defrauded investors of an estimated $450 million.
A US judge said that investors who withdrew money they had made from Bayou before it collapsed must return the cash so that it could be shared among those who had lost money. The only way this could be avoided was if investors could prove that they withdrew the money “in good faith”.
Carole Neville, a partner at Sonnenschein representing investors in the Bayou case, said of Mr Noel: “He lived high on the hog and was very visible so I’d expect people to go for him. Anything they’ve redeemed from the Madoff fund is vulnerable for clawback.”
Some investors are appealing against the Bayou ruling.
Noel’s road to riches
— Founder of Fairfield Greenwich, a hedge fund based in New York but run out of Connecticut
— Fairfield Greenwich has lost $7.3 billion in the fraud, slightly more than half of its funds
— In 2007 Fairfield Greenwich made $160 million from its relationship with the Madoff fund
— Mr Noel owns at least three homes in the US – a flat on Park Avenue in the Upper East Side area of Manhattan, a home in Greenwich, Connecticut, and a villa in Palm Beach, Florida
— He is believed to have known Bernard Madoff for 19 years and regularly introduced his clients to Mr Madoff’s investment business
— A graduate of Harvard Law School, he is married to a wealthy Brazilian socialite called Monica. They have five daughters
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What we should be asking is how did Madoff lose the money (if he really did), or is it traped in the system some how, or is he hiding it? Anyway it's crazy to even attempt to force investors who were able to retreive some or all of their money to return it. Are the courts encouraging more suicides?
obosa Ighodaro, lagos, Nigeria
The 'blame game' is now the 'rage.' A honest man who does not lie to himself, and is not greedy cannot be defrauded. If you find such a person let me know as he would be my hero. Madoff is a symbol of our current society.
Ken Ditkowsky, Chicago, Illinois , USA
Made off with the cash. Who knows that he has lost it all? Or this is just another grand lie.
Pat, NY,
"...any investors who withdrew cash from the hedge fund run by Bernard Madoff before the $50 billion fraud was discovered could be forced to return their original investment and any profits." Utter nonsense! Why risk investing with anyone?
In the US, people are presumed innocent, not guilty!
Alexis, Los Angeles, USA
At first the schadenfreude and gossipy elements made this story a good bet to run simultaneously in the style section and the business section. But now with the apparent suicide of the French money manager, it has taken on a much sadder tone. When the business is murky, go for the gossip.
Barry Parker, New York, USA
2009 will be the year of the hedge fund redemptions; you thought 2008 was bad? Just wait.
bodmore, boston, US of Annihilation
Where were the financial services regulators? This guy was at it for 50 years!
Joe, Baltimore, USA
Among the wreckage, is a philanthropy of Elie Weisel. Does he, too, and those he helped, deserve the flip condemnation of those with the good fortune to have been spared the bad fortune of an opportunity to invest with Madoff?
Eli, Cleveland, OH, USA
There is a popular book 'The Automatic Millionaire' which encourages people to save 10-15% of their salary and earn 10% interest. I never found an account which pays this, except Madoff's fund, which now turns out to be fraudulent. Glad I didn't invest. People need to rethink their investment ideas,
Terry, Lincs, uk,
This is rich. Investors who lost billions to Madoff must pay up while Madoff gets to live on in his $8milion apartment. What next? Victims must pay criminals for crimes committed against them? Welcome to the new world!
baber, dubai, uae
Chris raises a valid point. Due diligence and sensible investment decisions were lost in the pursuit of double digit returns. The SEC failed in its role and investor confidence entering 2009, deemed the most challenging yet, will be low. This will no doubt extend the already 'complex' recenssion.
bvh, Edinburgh,
Rule # 1-Diversify Rule # 2-Research all of your investments Rule # 3-Make sure your investment in the market is registered with the SEC.
People didn't follow the basic rules of investing in the market and they got burned. They shouldn't get rewarded for stupidity.
Chris, Phoenix, USA
"...any investors who withdrew cash from the hedge fund run by Bernard Madoff before the $50 billion fraud was discovered could be forced to return their original investment and any profits."
Why would anyone ever invest in anything with such a ruling on the books?
GBSmith, Fresno, CA, USA
I have a widowed sister whose modest retirement funds were destroyed in this Madoff collapse. It will be years before any returns of capital see the light of day, if ever. There were a series of architected evasions built into a network of funds that enabled Madoff's betrayal.
Bill Sweeney, Arlington, USA
Our respective Govt's can't afford too many of these revelations. Laws will be changed, to protect these people mark my words, anything to keep the elite.. elite!
The next time such a revelation risks coming to light, our respective Govts will just pay the debts and it will all be forgotten about.
dee, lincoln, uk
onece again it shows how many poeple out there who don't know the job. and poeple like me got the boot for doing the job. remember marconi.
tony, london, United Kingdom
Roubini says when the hedge funds go, they will collapse simultaneously - all several thousand of them. Its evident now that some pension funds have been passing the buck when it comes to responsiblility. They have seen fit to allocate funds to hedge funds that are superficially plausible.
gary, london,
My heart bleeds for these people who must be down to their last few million dollars!
Denny Laine, Portsmouth, uk
Really, the investors who went to Mr Madoff have no-one to blame except themselves. Clearly they just believed the hype, and didn't do the "due diligence".
The old, rule still applies.
If it looks too good to be true, it probably is.
Chris, shannon, Ireland
There are around 10,000 hedge funds out there. They are just as opaque in their business dealings as Madoff's outfit. Believe me, Bernie Madoff is just the tip of a planet-sized iceberg. This alleged 50 billion dollar loss is chickenfeed. Just wait till the rest of the scams come to light.
Mr. McFarlane, Bucharest, Romania
Mr. Madoff should be treated like any other thief. Police should throw him in jail on Riker's Island. HIs property should be seized immediately,
Start with his penthouse.
R. Baird, Victoria, Canada
All people who are excessively rich in USA and Britain should be investigated. Nobody can become rich, in my opinion, honestly. The tax system is too demanding. I think the options paid to company executives is legalized fraud. There are many other areas which need investigation, including all banks
Jim Wills, Brisbane, Australia
PL, the 10 to 15% returns Madoff paid he paid with new investors' money. He could do this because only a few investors were redeeming their funds.
When more investors wanted to redeem their funds it was revealed there were no profits, there was no positive return. The 10% returns were fake.
Keith S, Winnipeg, Canada
I would like to know why Madoff is a free man right now. In America of all places where the dollar rules, a crime in which it's estimated that 50 billion dollars have been stolen should be treated more seriously and that includes no bail.
JP, Milan, Italy
If Madoff paid 10% pa, over 10 years that would have doubled the initial investment even without compounding. So what are these investors complaining about ? Their nest egg may be gone, but over the years they've done well. They still have the multi homes, yachts etc. Most can't even dream that.
PL, London ,
What is highly illustrating is the immense greed of those who are already very rich!
Roy Shaw, Portishead, UK
Hundreds of city types signed a petition to stop the Nat West three's extradition. Who plea bargained for a three years sentence upon their arrival in the U.S.A. ? The Nat West three of course. Regulators do a difficult job, but I wouldn't leave the F.S.A. in charge of a row of chairs.
Adrian, London,
Let's hope the wedding in Mexico goes well then.
iain, bedford, uk
Easy come, Easy Go!
Paddy, Cork, Ireland
Watch out UK... becasue we gave the Americans the right to extradite us WITHOUT a trial here, or any presentation of evidence if you put a stake in one day and drew it out the next (ie no benefit no loss) and refused to pay they could extradite you and UK courts cannot protect you... thanks Tony B.
abharrisson, london,
If he new what was going on at Madoff's firm then he deserves everything that he is going to get - a very long term.
If he didn't know then why didn't he know? Didn't he feel obligated
The whole Madoff thing is disgusting.
Peter Murray, Kenmore, Australia