He was confirmed on April 22, 2010, by the United States Senate, filling the vacancy created by Judge Robert D. Sack who assumed senior status. He was a United States District Judge of the United States District Court for the Southern District of New York before joining the federal appeals bench. 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. Todd Heisler Judge Chin agreed to an extensive series of. 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. A $105 million lawsuit brought by a woman who claims a sex sting by "Dateline NBC: To Catch A Predator" drove her brother to kill himself can go to trial, a federal judge ruled Tuesday. [17], Chin also presided over the criminal prosecution of Larry Stewart, the handwriting expert who was accused of committing perjury during the trial of Martha Stewart (no relation). He was not bound by that figure, and he considered going beneath it, he said. Chin presided over the criminal trial of Oscar Wyatt, the Texas oil executive accused of making kick-backs to the Saddam Hussein regime during the UN Oil-For-Food Program. "They're now Madoff schemes. "It's rare than an institutional client gets handed down to a woman.". Outside the court, other victims assemble. At that point, the judge said, symbolism carried more weight.. UK banks were also among those who lost money, with HSBC Holdings saying it had exposure of around $1bn. "How could somebody do this to us? Ruth is still living. "It was a very vigorous job process because once you have the job you have it for life," he added. }, First published on February 26, 2008 / 5:54 PM. 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. So, you know, I've served. I'm Melissa Block. "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. Google. Chin's path to his judgeship offers a compelling parable of an immigrant's success. At least two investors with Mr Madoff took their own lives after their losses. 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. Ruth is still living. Denny Chin is a United States Circuit Judge for the United States Court of Appeals for the Second Circuit. Last year, Mr Madoff requested early release from prison citing health problems, including kidney disease. Michael Schwartz counted himself as lucky, at least compared to his disabled twin brother, whose ability to live in a good group home was destroyed by Bernie Madoff. Two interns, both law students, suggested a term of 75 years, but when the judge asked them why, he said, they had trouble articulating their reasons. And Madoff's brother, Peter, who helped run the business, was sentenced to 10 years in prison in 2012, despite claims he was in the dark about his brother's misdeeds. 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. 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. Judge Chin would impose a term of 150 years on Mr. Madoff, perhaps the most stunning and widely discussed sentencing in the history of American white-collar crime. There, with his brother and later two sons, he ran a legitimate business as middlemen between the buyers and sellers of stock. Louis William Conradt Jr., a suburban Dallas prosecutor, fatally shot himself after he was accused of engaging in a sexually explicit online chat with an adult posing as a 13-year-old boy, according to a lawsuit filed by his sister. "He clearly represented something for a lot of people," he said. Read about our approach to external linking. Both of Madoff's sons have died, Andrew from cancer at age 48 and Mark from suicide at age 46 in 2010. On October 6, 2009, President Barack Obama nominated Chin to the Second Circuit. Madoff's other son, Andrew, died from cancer at age 48. He took notes and sketched out themes as he went, with a view toward working them into his draft: Not just the wealthy or institutional clients., Not just money: It reaches to the core and affects your general faith in humanity, our government and basic trust in our financial system., The loss of dignity, the loss of freedom from financial worry.. [8] He was an Assistant United States Attorney for the Southern District from 1982 to 1986. 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. This material may not be published, broadcast, rewritten, or redistributed. Flying bug found at Walmart turns out to be rare Jurassic-era insect, Pence won't commit to supporting Trump if he's the nominee. Then Madoff turned and faced the victims and said, I know this will not help, I am sorry. But family members as well as brokerages that recruited investors have come under intense scrutiny by the FBI, regulators and a court-appointed trustee overseeing the liquidation of Madoff's assets. It all came crashing down in the winter of 2008 with a dramatic confession at Madoff's 12th-floor apartment on the Upper East Side. 20,000 people may have been exposed to measles at Asbury University revival "We're in a complicated situation. Roadways to the Bench: Who Me? Chin sentenced Kumar to 2 years of probation. His death was announced by the Bureau of Prisons. Another dilemma, he said, rested in the fact that because none of the counts against Mr. Madoff carried a sentence of life imprisonment (indeed, none carried more than 20 years), he could not impose a conventional life sentence. 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. He has taught Asian Americans and the Law at Fordham, Harvard, and Yale Law Schools, and he taught Legal Writing at Fordham for more than thirty years. display: none; Just thought Id give you the heads up, Judge Gorenstein wrote. He was soft spoken and an intellectual. Imposing a 150-year sentence in 2009, judge Denny Chin called Madoffs crimes extraordinarily evil. "It is probably the most important trial court in the country, given its location in New York City," Chin said. Judge Chin and his wife Kathy Hirata Chin have written, produced, and presented, together with a team from the Asian American Bar Association of New York, a series of reenactments of historic cases involving Asian American litigants. But I did not believe he was genuinely remorseful, he recalled. Other corporate victims were Royal Bank of Scotland and Man Group and Japan's Nomura Holdings. But no man is.". Judge Chin said he was particularly moved by an account of a man who had invested his life savings with Mr. Madoff, then died of a heart attack two weeks later. After the meeting, a lawyer for the family contacted regulators, who alerted federal prosecutors and the FBI. 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. Although the judge did not tell his staff his own views that day, he made it clear that he would not choose a term arbitrarily, nor would he compromise with a number halfway between zero and 150 years. Madoff's wife, Ruth, is still living. Mr. IRWIN CANTOR: I'm a professional loser, yeah. Denny Chin, Southern District of New York Court site, "Chin Shares Experiences as Federal District Court Judge, https://en.wikipedia.org/w/index.php?title=Denny_Chin&oldid=1133235341, This page was last edited on 12 January 2023, at 20:46. The firm was investigated eight times by the US Securities and Exchange Commission because it made exceptional returns. In the middle of his trial, Wyatt changed his plea to guilty as part of a plea bargain with the government. 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. Rather, they are doing what they are supposed to be doing placing their trust in our system of justice.. "When I sentenced Mr. Madoff in 2009, it was . 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. 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. Judge Chin noted in the interviews that 20 or 25 years would have effectively been a life sentence for Mr. Madoff, and any additional years would have been purely symbolic. In 2008, Madoff pleaded guilty to orchestrating a massive Ponzi scheme, in which instead of investing cash, he paid off older investors with funds from new investors. He began to consider how to articulate the message he wanted to send. "I am embarrassed and ashamed," she said. 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. But he decided that 150 years would send a loud, decisive message. Mr. Madoff rose and offered a lengthy apology, saying he felt horrible guilt. He turned to face the victims, and apologized again. tally fair than Denny Chin." As a federal district judge, Judge Chin presided over a number of high-profile cases. After the meeting, a lawyer for the family contacted regulators, who alerted federal prosecutors and the Federal Bureau of Investigation. Chin wrote that a reasonable jury could find there was no legitimate law enforcement need for a heavily armed SWAT team to extract a 56-year-old prosecutor from his home when he was not accused of any actual violence and was not believed to have a gun. This material may not be published, broadcast, rewritten, or redistributed. Chin described one difficult case, the "Candyman" case, where federal agents had issued subpoenas around the country to anyone who had submitted their email address to a web site that gave access to child pornography once you were made a member through that address. His criminal behavior devastated the lives of his victims, leading to suicides,. The sentencing of Bernard L. Madoff required balancing the law against the public anger his fraud had inspired. But unbeknown to his thousands of victims, he was running a Ponzi scheme that wiped out at least $17.5bn in savings. Get browser notifications for breaking news, live events, and exclusive reporting. Judge Chin read his passage on retribution, which, after the length of the sentence itself, appeared to have the greatest impact. But it was the global recession which effectively prompted Mr Madoff's demise as investors, hit by the downturn, tried to withdraw about $7bn from his funds and he could not find the money to cover it. Material from The Associated Press was used in this report. Madoff's other son, Andrew, died from cancer at age 48. The company previously called the lawsuit "completely without merit." When asked about affirmative action, Chin expressed mixed feelings. At both levels, Judge Chin was the first Asian American federal judge outside the Ninth Circuit. His clients, many Jews like Madoff and Jewish charities, said they didn't know. "I cannot adequately express how sorry I am for what I have done," he said in March 2009, when he pleaded guilty. A former law clerk had e-mailed him to say that more than a dozen television trucks were already lined up near the courthouse. MIKE PESCA: Thirteen billion dollars - that is the most conservative estimate of the amount of money Bernard Madoff stole. 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 Ordertelevision series. Madoff was sentenced to 150 years in prison for his monumental fraud. "One of the best things I did as a judge over the years was to preside over the naturalization ceremony. As well as Wiesel, investors in Madoffs company included the actors Kevin Bacon, Kyra Sedgwick and John Malkovich, and the Hollywood director Steven Spielberg. Copyright 2023 CBS Interactive Inc. All rights reserved. Copyright 2009 NPR. At various times, he referred to his monumental fraud as a "problem," "an error of judgment" and "a tragic mistake. The order left her with $2.5 million. Frankly, that was not the message I wanted to be sent, he said. Mr Madoff had been serving a 150-year sentence after he pleaded guilty in 2009 to running a Ponzi scheme, which paid investors with money from new clients rather than actual profits. In the financial world, the story of his rise to prominence how he left for Wall Street with Peter in 1960 with a few thousand dollars saved from working as a lifeguard and installing sprinklers became legend. How could this be real? At the time of Madoff's arrest, fake account statements were telling clients they had holdings worth $60 billion. Mr Madoff is survived by his wife, Ruth Madoff, who maintained she was unaware of the scheme and was never charged. "Here, the message must be sent that Mr. Madoff's crimes were extraordinarily evil and that this kind of irresponsible manipulation of the system is not merely a bloodless financial crime that takes place just on paper, but it is instead one that takes a staggering human toll," Chin said. Chin slept with his four siblings in the living room of a one-bedroom apartment, a situation he said was common in his neighborhood. 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. Mr. RON WEINSTEIN: We were taken by surprise, as every other victim. ", She added: "Not a day goes by when I don't ache over the stories that I have heard and read.". Judge Chin is the recipient of the Woodrow Wilson Award from Princeton University, the Spirit of Excellence Award from the American Bar Association, the Edward Weinfeld Award from the New York County Lawyers Association, the Lifetime Achievement Award from Judicial Friends, the Abely Award for Leading Women and Children to Safety from Sanctuary for Families, the Medal of Achievement from the Fordham Law Alumni Association, and the J. Edward Lumbard Award from the U.S. Attorney's Office for the Southern District of New York. 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. He felt that Mr. Madoffs conduct was so egregious, he said, that I should do everything I possibly could to punish him.. She eventually gave him her own pension, funds, Judge Chin wrote in his notes. Judge Chin then began reading his statement from the. To Judge Chin, Mr. Madoff seemed sad, almost as if he were grieving. He stole from the in between. As he had from the start, Madoff insisted in his plea that he acted alone something the FBI never believed. Madoff's other son, Andrew, died from cancer at age 48. In explaining how the 150-year sentence was symbolically important, he had neglected to include a third, crucial reason: retribution. Judge Denny Chin, who originally had imposed the sentence of 150 years, denied his request for release, calling his crime "one of the most egregious financial crimes of our time," and one that . Judge Chin, who joined the Second Circuit bench in 2010, recalls how he moved from Hong Kong to New York City at the age of 2. As far as we know, Sorkin said, there was no ferreting away of funds. That was the number of victims allowed to speak. In the headlines and news accounts that followed, the words extraordinarily evil seemed to be everywhere. Madoff was sent to do what amounted to a life sentence at Butner Federal Correctional Complex, about 45 miles northwest of Raleigh, North Carolina. Updated on: April 14, 2021 / 7:00 PM He is now a United States circuit judge for the Second Circuit. display: none; Chin said he felt diversity on the bench was a valuable goal, since it may help some plaintiffs or defendants understand that the legal system represents them as well. / CBS/AP. This text may not be in its final form and may be updated or revised in the future. It feels like the nightmare we can't wake from," said Carla Hirshhorn. Chin was born in 1954 in Kowloon, Hong Kong and came to the U.S. in 1956. After the sentencing, Ruth Madoff said in a statement that she felt "betrayed and confused" by the actions of her husband. And there we are. But what the SEC never found out was that behind the scenes, in a separate office kept under lock and key, Madoff was secretly spinning a web of phantom wealth by using cash from new investors to pay returns to old ones. In doing so, he seemed to find a way to translate societys rage into a number. This story, "," originally appeared in The New York Times. He said he struggled to find the right number the just sentence, as he described it. "I dug myself deeper into a hole" as the scheme progressed, Madoff said, adding that he would "live with this pain, this torment, for the rest of my life.". Judge Chin also learned that day that Mr. Madoff would plead guilty to all 11 counts against him, including fraud, money laundering and perjury. First came Dominic Ambrosino, a former corrections officer, a guy who used to be on the right side of the prison bars, as he said.
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