Wednesday, March 25, 2009

Madoff Using Florida Homestead Protection To Shield Palm Beach Mansion?

A recent story in the Palm Beach Post addresses the possibility that the admitted $50+ billion Ponzi scheme operator Bernard Madoff may be attempting to use the Florida law prohibiting a forced sale of a homestead to protect a Palm Beach mansion titled in his wife's name:
  • [Federal prosecutors] served notice [...] that they want to seize a vast array of assets in Ruth Madoff's name, including the Palm Beach home. Federal officials could try to pierce state homestead protection by arguing that the money used to buy the home in 1994 came from fraud or other criminal activity and that federal law is preemptive, [...].

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  • "It seems to me that the federal prosecutors are fairly confident that they will be able to demonstrate that Mrs. Madoff used the proceeds of a criminal enterprise" to buy the home, said New York attorney Richard Greenfield, who said he represents a group of Palm Beach investors. "They may employ RICO, a law aimed at racketeers to obtain the proceeds of the enterprise. They are already contending, contrary to Madoff's contention that the scheme began in the 1990s, that it began at least in the 1980s, well before she purchased the home."

For the story, see Madoff's $9 million Palm Beach property's size could leave small part vulnerable to creditors.

For story update (4-1-09), see Along with Palm Beach home, feds seize other Madoff assets.