The financial ties between Madoff and the Joel-Samuels family became public in March 2009 when Howard and Patty Samuels' sonâ22-year-old Andrew Ross Samuels, a student at Brooklyn Law, where Bernie had gone for a year to escape the militaryâalleged in court papers that a college trust fund established in 1997 for him by his grandfather, Marty, had been obliterated in Bernie's Ponzi scheme.
Ironically, the trust was in part funded by Marty Joel's and the Samuelses' close friends at the time, Bernie and Ruth, who each gave a gift of $10,000.
As the
NewYork Post
observed,“Bernie Madoff Givethâand Bernie Madoff Taketh Away.”
Bernie's brother, Peter Madoffâthe senior managing director of Madoff, director of trading, chief compliance officer, and general counsel with a law degree from Fordham Universityâwas the trustee. For 40 years he had been Bernie's number two honcho. He played a key role in the firm. It was even said that the two brothers flew in separate planes because if there was a crash and Bernie was killed, Peter would be the one to take over.
(It was the second lawsuit filed against Peter Madoff since his brother took the entire rap for the whole Ponzi scheme.)
After Marty Joel died, Peter Madoff invested the $478,000 trust in the Madoff money management operationâthe heart and soul of the Ponzi scheme.
Based on the allegations, a justice of the Nassau County, New York, Supreme Court issued an order temporarily freezing 63-year-old Peter Madoff 's assets. At the time, an attorney for Peter Madoff; his wife (the former Marion Sue Schwartzberg, also a Laurelton native); and their daughter, Shana, the trading room compliance officer at Madoff, declared it was “absurd” that Peter Madoff had anything to do with his brother's crimes, and further stated that his client had lost millions of dollars in Bernie's scheme.
The asset freeze on the younger Madoff prohibited him from moving money around, or from selling or borrowing against his assets, such as the family mansion in Old Westbury, New York, or the house in Palm Beach near Bernie's place. Some years earlier, the brothers had transferred ownership of many of their properties to their wives. On the Palm Beach property, Marion Madoff got a $25,000 homestead exemption in 2007. Ruth got a similar exemption on the $9.3 million home she and Bernie had in Palm Beach. Florida law protects homes from seizure.
Earlier, shortly after Bernie was arrested, Peter reportedly had agreed with federal prosecutors to a voluntary freeze on his assets.
Howard Samuels called the court freeze “completely justified” and declared, “Peter never acted in the capacity he was supposed to perform, protection of my father-in-law's grandson. He absolutely dropped the ball.” For instance, one of the things that Peter Madoff was supposed to do, which he didn't, was notify the young Samuels that he could have terminated the trust when he turned 21 in 2007. Peter Madoff resigned as trustee in May 2008, leaving the young man's money in the Ponzi fund.
In April 2009, the judge in the case allowed a change in the freezeâbasically modifying it so as not to interfere with federal prosecutors probing the broader Madoff case, and permitting Peter Madoff to use $10,000 a month of his assets as living expenses. But he was still restricted by the court from transferring his property or assets.
Peter Madoff had complained that the asset freeze kept him from buying “even a cup of coffee.”
One Madoff investor who lost the farm says he was dumbstruck when he read about Peter's complaint about not having enough money to live on. “He lives like royalty, with fancy cars and a big house, and he's whining about not having enough pocket money. So many of us don't have a pot to piss in now because of what his brother did to us.”
Andrew Samuels was not the first to publicly connect Peter Madoff to Bernie's fraudulent activities. Rather, the first lawsuit against Peter Madoff involved a prominent politician.
Two months after Bernie was arrested, attorneys for the family foundation of New Jersey Senator Frank R. Lautenberg and his two adult children, Joshua and Ellenâwho were taken for more than $7.3 million in the Ponzi schemeâsued Peter. The suit, filed in federal court in New Jersey, accused Peter, as chief compliance officer of the firm, of either failing to find evidence of the scam or actually concealing it.
“There were many obvious material red flags evidencing the giant Ponzi scheme that were recklessly ignored,” according to the complaint. The lawyer for the Lautenbergs, Ronald Riccio, said that Peter Madoff “had a duty to protect the individuals and entities that invested in the firm from fraud and misconduct.”
The Lautenbergs' private foundation, which had made investments in 2001 and 2002, saw its money more than double to $15.4 million in the month before Bernie was arrested. But that spectacular growth was just on paper based on the fraudster's bogus investments. It was pure hot air. The recipients of the foundation's money included a New Jersey hospital and a Jewish organization.
Lautenberg, the senior senator from the Garden State and a liberal Democrat, was among a number of politicians to whom Bernie had made campaign contributionsâno surprise in Lautenberg's case since he was one of the richest in the U.S. Senate, and one whose foundation saw Madoff as a good place to invest.
The
Record
newspaper of Bergen County, New Jersey, analyzed election filings and found that more than $400,000 in campaign contributions had been given to federal candidates in New Jersey since 2006 by Madoff and family members tied to the firm. Lautenberg received $13,600 for his 2008 reelection campaign.
The senator's spokesman said after the suit was filed, “We will be ridding ourselves of the contribution.”
Lautenberg's son, Joshua, had invested $1 million with Madoff in 2003, and by the month before Bernie was arrested, his principal had also grown on paperâto $1.78 millionâand daughter Ellen Lautenberg's $600,000 investment in the same year had grown to $1 million, the lawsuit claimed.
But, now, all of it was lost.