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UPDATE 1-Madoff, Stanford fraud victims dealt setbacks by U.S. top court

Mon, 30th Jun 2014 15:52

(Adds Madoff trustee, Stanford receiver comments, paragraphs6-7)

By Jonathan Stempel

June 30 (Reuters) - Victims of the Ponzi schemes of BernardMadoff and Allen Stanford, two of the largest in U.S. history,suffered setbacks on Monday as the U.S. Supreme Court refused tohear appeals in two cases seeking to recoup more money for them.

In the Madoff case, the court rejected a request by IrvingPicard, the trustee liquidating Bernard L. Madoff InvestmentSecurities LLC, to review the dismissal of his claims againstbanks he accused of enabling Madoff's fraud.

Separately, the court rejected a request by Ralph Janvey, areceiver unwinding Stanford's businesses, to review a rulingthat blocked him from pursuing claims against Stanford employeeson behalf of the receivership's creditors, not the businessesthemselves.

In both cases, lower courts concluded that Picard and Janveylacked standing to bring their respective claims.

The Supreme Court did not give reasons for its decisions,which leave intact a June 2013 ruling in the Madoff case by thefederal appeals court in New York, and an August 2013 ruling inthe Stanford case by the federal appeals court in New Orleans.

Amanda Remus, a spokeswoman for Picard, said the trusteerespected the decision in the Madoff case, and will still pursue$3.5 billion of bankruptcy claims against international bankssuch as Switzerland's UBS AG and Britain's HSBCHoldings Plc.

Kevin Sadler, a lawyer for Janvey, said the receiver isdisappointed with the decision in the Stanford case, and willcontinue to press claims on behalf of more than 18,000 victimsagainst those who profited from or aided Stanford's fraud.

A Ponzi scheme is where early investors are usually paidwith money from later investors.

Picard has recovered about $9.82 billion for former Madoffcustomers, who he has estimated lost $17.5 billion of principalin a decades-long fraud uncovered in December 2008.

The trustee has also sued banks including JPMorgan Chase &Co, which was Madoff's main bank, and Italy's UniCreditSpA over their dealings with the swindler.

JPMorgan was dropped from the case after reaching a $325million settlement with Picard in January, part of a $2.6billion global resolution of federal and private claims.

Stanford's estimated $7.2 billion fraud was based on thesale of bogus certificates of deposit issued by Antigua-basedStanford International Bank to customers who thought the CDswere safe. The Ponzi scheme was uncovered in February 2009.

Janvey won court approval for an initial $55 milliondistribution to CD investors in April 2013.

Madoff, 76, is serving a 150-year prison term after pleadingguilty in March 2009. Stanford, 64, is serving a 110-year termfollowing his jury conviction in March 2012.

The cases are Picard v. JPMorgan Chase & Co et al, U.S.Supreme Court, No. 13-448; and Janvey v. Alguire et al, U.S.Supreme Court, No. 13-913. (Reporting by Jonathan Stempel in New York; Editing by GrantMcCool)

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