Most judges will tell you that sentencing is the most difficult thing we do, he said. [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. The terms require the Madoffs to sell a $7 million Manhattan apartment where Ruth Madoff still lives. Mr Madoff is survived by his wife, Ruth Madoff, who maintained she was unaware of the scheme and was never charged. After the meeting, a lawyer for the family contacted regulators, who alerted federal prosecutors and the Federal Bureau of Investigation. He said he struggled to find the right number the just sentence, as he described it. Chin sentenced Kumar to 2 years of probation. "When I sentenced Mr. Madoff in 2009, it was . 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. "I also believe that Mr. Madoff was never truly remorseful, and that he was only sorry that his life as he knew it was collapsing around him," he wrote. Following his pleading, Chin revoked Madoff's $10 million bail and ordered him to report immediately to jail at the request of the federal prosecutors, citing that Madoff had both the resources and the incentive to flee before his formal sentencing. Other corporate victims were Royal Bank of Scotland and Man Group and Japan's Nomura Holdings. This contrasted with Madoff's attorney, Ira Sorkin, who spoke in a halting and, at times, qualified language. [21], He was assigned the Google Book Search Settlement Agreement case on January 8, 2009, after the death of the previous supervising judge. "The federal court is the place to be.". Madoff was in a bathrobe when two FBI agents arrived at his door unannounced on a December morning. The lawyer turned around and made a motion that Chin recuse himself from the case, saying Chin was "too hard on him because he was Asian-American.". In the headlines and news accounts that followed, the words extraordinarily evil seemed to be everywhere. Mr. CANTOR: I wasn't doing as well as I could've been (unintelligible). Judge Denny Chin: Born To Run Time for a quick break from Biglaw and bonuses. I said to my interns, What do you think? he recalled. Last year, Madoff's lawyers filed court papers to try to get him released from prison in the COVID-19 pandemic, saying he had suffered from end-stage renal disease and other chronic medical conditions. But unbeknown to his thousands of victims, he was running a Ponzi scheme that wiped out at least $17.5bn in savings. "Life has been a living hell. Chin said he thought being Asian-American was an advantage for him because it gave him the opportunity to do good things, such as pro bono work for the Asian American Legal Defense and Education Fund. Hundreds of spectators and dozens of victims lined up outside the United States Courthouse in New York on Monday for the sentencing of disgraced financier Bernard Madoff. He said he had been a beneficiary of affirmative action, but noted that in many colleges affirmative action may hurt Asian-Americans' chances of admittance since they are often not given the same plus-factor as other minorities. He also wrote that he had received no letters on Mr. Madoffs behalf: The absence of such support is telling.. He stole from the poor. 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. Circuit Judge for the Second Circuit)", "2nd Circ. Madoff investor George Nierenberg thought the reason Madoff spoke to the victims might have been something he said at Madoff's plea hearing several months ago. He decided to review it again the following day. In a meeting with his sons, he confided that his business was "all just one big lie.". Madoff admitted swindling thousands of clients out of billions of dollars in investments over decades. The authoritative record of NPRs programming is the audio record. For reasons of symbolism, and to further the principles of retribution and deterrence and to keep faith with victims, Bernard Madoff was sentenced to a 150 years in prison. Good candidates will often lead the question into a conversation. "When Peter or Bernie said something that they were going to do, their word was their bond," Morling said in a 2008 interview. 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. Bernard Madoff exits federal court March 10, 2009, in New York City. It feels like the nightmare we can't wake from," said Carla Hirshhorn. He confessed the problem to his sons, who went to the authorities. "I think you can overcome these things that's what I really think." 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. This text may not be in its final form and may be updated or revised in the future. #inline-recirc-item--id-942a1cd6-8c88-11e2-b06b-024c619f5c3d, #right-rail-recirc-item--id-942a1cd6-8c88-11e2-b06b-024c619f5c3d { "They're now Madoff schemes. But he added that it was important to remember the history of Asians in the United States, and mentioned in particular the Korematsu case and the Japanese internment camps during World War II. Because federal prisoners cannot be released before at least 85 percent of their sentences are served, it seems certain that Madoff will spend the rest of his life in confinement. A few days before the sentencing, Judge Chins law clerks and interns joined him for their weekly lunch around a large wooden table in his chambers. A graduate of Princeton, Chin couldn't get a paying job after his first year at the Fordham University School of Law, so he interned for a judge in New York's Southern District, then clerked for the same judge following graduation. The BBC is not responsible for the content of external sites. Among them was Nobel Peace Prize winner and Holocaust survivor Elie Wiesel, who recalled meeting Madoff years earlier at a dinner where they talked about history, education and Jewish philosophy not money. Madoff's lawyers had dubbed the sentence beyond 12 years as having no practical purpose. Early life. Disgraced financier Bernard Madoff was sentenced Monday to 150 years for his monumental Ponzi scheme. Weighing victim emails Typing on a computer in chambers, and on a laptop at home, Judge Chin continued preparing a draft of the statement that he would read in court. He also is suing big money managers and investors for billions of dollars, claiming they were Madoff cronies who also cashed in on the fraud. 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. The mans widow had met with Mr. Madoff, who had put his arm around her and told her not to worry, that her money was safe with him. When it came Madoff's time to talk, he rose and kept two fists balled on the table as if for ballast. Chin assumed senior status on June 1, 2021. He called clerking "difficult," but rewarding at the federal court level. Its a fair argument that you want to give someone some possibility of seeing the light of day, the judge said in an interview, so that they have some hope, and something to live for., And, he added, that was one of the struggles in Madoff., Judge Chin said he quickly rejected the idea of a 12-year sentence for Mr. Madoff, but pondered whether 20 to 25 years might be acceptable. [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. At the time, both were being investigated for alleged illegal fundraising activities. "It is probably the most important trial court in the country, given its location in New York City," Chin said. "He stole from the rich. But it was not just the elite and large firms who were victims of the fraud. Visit our website terms of use and permissions pages at www.npr.org for further information. [8] He was an Assistant United States Attorney for the Southern District from 1982 to 1986. By contrast, "it's hard to say whether being Asian-American is going to place anyone at a disadvantage," he said. They worked hard," said Thomas Morling, who worked closely with the Madoff brothers in the mid-1980s setting up and running computers that made their firm a trusted leader in off-floor trading. (Its season tickets for the New York Mets went for $38,100.) Five went on trial in late 2013 and watched DiPascali take the witness stand as the government's star witness. A defendant should get his just deserts, he remembered thinking. "[6] While a student at Princeton, Chin was a staff writer and later managing editor at The Daily Princetonian. From his grandfather, a waiter, and his father, a cook in Hell's Kitchen,. Since his decision, one of the other judges has changed her mind and a third judge has suppressed as well. How do you excuse deceiving your family, your investors and an industry you spent your life trying to improve? C.W. Judge Chin ran with that idea. [1] [2] Prior to his appointment, Chin served as a judge on the United States District Court for the Southern . } Madoff responded: There is no innocent explanation.. There, with his brother and later two sons, he ran a legitimate business as middlemen between the buyers and sellers of stock. The series of four-minute Pathways to the Bench vignettes can be used with high school students and youth groups to encourage them to overcome the inevitable obstacles on the way to their dreams. While he said stereotypes about Asian-Americans still exist and sometimes rise to the surface, women, for example, may face more challenges in battling discrimination. The order left her with $2.5 million. Denny Chin is a United States Circuit Judge for the United States Court of Appeals for the Second Circuit. The search for Madoff's assets "has unearthed a labyrinth of interrelated international funds, institutions and entities of almost unparalleled complexity and breadth," the trustee, Irving Picard, said in a 2009 report. Chin dismissed the suit Sam Sloan vs. Paul Truong and Susan Polgar in which Sloan accused Susan Polgar and Paul Truong of posting thousands of obscene "Fake Sam Sloan" remarks in his name over a two-year period in an effort to win election to the board of the United States Chess Federation (Polgar and Truong were elected to the board and Sloan was defeated). He had an intern quickly research relevant cases; he reviewed them and began writing, adding about 100 words to the draft. I mean, serial killers get a death sentence, but thats virtually what he gave me.. 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. 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. One of the traditional notions of punishment, he wrote, is that an offender should be punished in proportion to his blameworthiness. Mr. Madoffs crimes were extraordinarily evil, he added. Founded in 1819, the University of Virginia School of Law is the second-oldest continuously operating law school in the nation. Top McCarthy aide, House Oversight chair each met with Ashli Babbitt's mother In her lawsuit, Patricia Conradt claims a police officer at the scene of the shooting told a "Dateline" producer: "That'll make good TV. "He turned to me and he said, crying, 'I'm at the end of my rope. On the Sunday before sentencing, the judge returned to the roughly 450 e-mails and letters that had come from victims. 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. When asked what types of questions he asks clerkship candidates, Chin said he always asks candidates to tell him about themselves. His son Mark also killed himself on the second anniversary of his father's arrest. PESCA: Words tumbled out of some victims, others vacillated between tears and rage. "Often being a woman places you at a disadvantage at many big firms," he said. His own son attended Stuyvesant High School, a top public school in New York which bases admittance solely on a test. Attorneys as well, even if the eventual goal is private practice, because it is rewarding work and a great experience, and also gives you "instant credibility" among judges. [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. Judge Chin agreed to an extensive series of interviews as part of a broader look into his sentencings in Federal District Court in Manhattan, which will appear in a later article. 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. 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. In December 2008, as investors worried about the impending crisis started asked for their money back, Madoff called a family meeting at his Manhattan apartment, and confessed to his sons that the family business they both worked in was based on one big lie. "I think in time we'll get more Asian-American judges as these Asian-American litigators get more experience under their belts," he said. He stole from the poor. Thanks (I guess) Judge Chin, 57, said he learned he had received the Madoff case from his staff as he entered his chambers on March 6, 2009, after a court proceeding. The courts probation department had recommended a 50-year term, while the government had requested 150 years. FAQs: Filing a Judicial Conduct or Disability Complaint Against a Federal Judge, Archives of the Committee on Judicial Conduct and Disability, Judicial Panel on Multidistrict Litigation Fees, Federal Court Interpreter Certification Examination, National Court Interpreter Database (NCID) Gateway, Transfer of Excess Judiciary Personal Property, Electronic Public Access Public User Group, Statistical Tables for the Federal Judiciary, Asset Management Planning Process Handbook, Judiciary Conferences That Cost More Than $100,000, Long Range Plan for Information Technology, Proposed Amendments Published for Public Comment, Laws and Procedures Governing the Work of the Rules Committees, How to Suggest a Change to Federal Court Rules and Forms, How to Submit Input on a Pending Proposal, Open Meetings and Hearings of the Rules Committee, Permitted Changes to Official Bankruptcy Forms, Congressional and Supreme Court Rules Packages, Preliminary Drafts of Proposed Rule Amendments, Confidentiality Regulations for Pretrial Services Information, Judge Chin's Immigrant Journey Recalled in 'Pathways to Bench' Video. Law. Judge Denny Chin, who now sits on the 2nd U.S. Madoff was in a bathrobe when two FBI agents arrived at his door unannounced on a December morning. Amanda Leith, a lawyer for NBC Universal, had no comment on the ruling. [7] In 1978, Chin graduated from Fordham University School of Law with a Juris Doctor, where he was the Managing Editor of the Fordham Law Review. In doing so, he seemed to find a way to translate societys rage into a number. Chin said the lawsuit contained sufficient facts to make it plausible that the suicide was foreseeable, that police had a duty to protect Conradt from killing himself, and that the officers and NBC acted with deliberate indifference. The company previously called the lawsuit "completely without merit." He directed Klayman to explain the letter and in open court Klayman stated that he had written the letter because Chin was Asian. To learn more, visit the following links: Related Topics:Judges & Judgeships, Public Education. 2023 by the Rector and Visitors of the University of Virginia. Advertising. 20,000 people may have been exposed to measles at Asbury University revival 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. Mr. GEORGE NIERENBERG: I called him Madoff. I'm Melissa Block. The request was denied. "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. [16], In Fox v. Franken, Chin denied Fox News Channel (who alleged a trademark violation) an injunction against Al Franken's Book Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right. Ruth is still living. "That's something I live with, as well," he said. 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 . Chin was born in 1954 in Kowloon, Hong Kong and came to the U.S. in 1956. "But I did not believe he was genuinely remorseful," he recalled. That summer he mapped out his career and followed it almost to the letter. The Associated Press contributed to this report. [9][13], In 2001, Chin rejected a motion by the Parents Television Council (PTC) to dismiss a lawsuit that the World Wrestling Federation (now World Wrestling Entertainment) filed against it. They were two struggling kids from Queens. Now, all the money is gone, the judge said. 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. 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. How could this be real? He cited Mr. Madoffs victims individuals from all walks of life and told the story of the widow who had been reassured by Mr. Madoff. "It's rare than an institutional client gets handed down to a woman.". Chin's ruling came on the grounds that WWF had a sound basis in suing the PTC over defamation, interference with business, and copyright infringement. 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. "We never quite got the hang of developing business that was the hard part," he said. 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. Madoff has already been ordered to forfeit assets worth more than $170 billion the amount prosecutors say "flowed into the principal account to perpetrate the Ponzi scheme." When asked about affirmative action, Chin expressed mixed feelings. Moreover, any sentence of less than 150 years could be seen as showing him mercy. On the other hand, because he is one of few Asian-American federal judges, "I know that I have to do a good job, because I know that if I screw up, it's not just me," it will be the "Chinese judge" that screwed up. Rather, they are doing what they are supposed to be doing placing their trust in our system of justice.. 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. DiPascali recounted for jurors how just before the scheme was exposed, Madoff called him into his office. Judge Chin then began reading his statement from the. He would include the story in his draft. 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. Timothy A. Clary/AFP/Getty Images In the middle of his trial, Wyatt changed his plea to guilty as part of a plea bargain with the government. VideoAt the crash site of 'no hope' - BBC reporter in Greece, Sake brewers toast big rise in global sales, The Indian-American CEO who wants to be US president, How 10% of Nigerian registered voters delivered victory, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip. "It's real important for you to be involved," he said. 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 Circuit, and is now just one of six Asian-American Article III judges today. About affirmative action, Chin expressed mixed feelings, adding about 100 words to the U.S. in.... His own son attended Stuyvesant High School, a cook in Hell & # x27 ; s Kitchen.. Record of NPRs programming is the most difficult thing we do, he added, Chin said he asks! 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