When it came Madoff's time to talk, he rose and kept two fists balled on the table as if for ballast. You would've never saw it coming. He concluded it was not reasonable to permit the government to search the homes and seize the computers of thousands of individuals merely because their e-mail addresses were entered into a web site, where, in addition to gaining access to child pornography, they could engage in text-based activities such as participating in chat rooms and answering surveys. A court-appointed trustee has recovered more than $13 billion of an estimated $17.5 billion that investors put into Madoff's business. Judge Chin Leaving Seat, Along With Pa. Trial Judge - Law360", "Judge rejects Parents Television Council motion to Dismiss Lawsuit", "World Wrestling Entertainment Settles Lawsuit With Parents Television Council; Founder Brent Bozell Issues Apology", Judge Denies Application Involving Martha Stewart Trial Ink Expert, Government Witness in Martha Stewart Trial Not Guilty of Lying, Korean businessman guilty in oil-for-food case, Texas oilman Wyatt sentenced to year in prison, Google Wins: Court Issues a Ringing Endorsement of Google Books, Challenge to Google Books Is Declined by Supreme Court, "Anil Kumar gets 2 years' probation in Galleon case - The Boston Globe", Madoff Goes to Jail After Guilty Pleas to All Charges, Madoff Is Sentenced to 150 Years for Ponzi Scheme, "Judge Recounts His Thoughts in Madoff Sentencing", Hon. At both levels, Judge Chin was the first Asian American federal judge outside the Ninth Circuit. Most judges will tell you that sentencing is the most difficult thing we do, he said. 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. Chin assumed senior status on June 1, 2021. He also asks them a hypothetical, noting it is much more important to show balance and reasoning than arguing for a right or wrong answer. He stole from the poor. How do you excuse deceiving your family, your investors and an industry you spent your life trying to improve? 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. "The man who committed this horrible fraud is not the man whom I have known for all these years. Thanks (I guess) for spinning the wheel in my favor! Judge Chin wrote back. In the headlines and news accounts that followed, the words extraordinarily evil seemed to be everywhere. "It was clear the only reason he asked me these questions was because I'm Asian-American," Chin said. By giving Bernard L. Madoff a term of 150 years, Judge Denny Chin seemed to find a way to translate society's rage into a number. 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 West Coast has a large number of experienced Asian-American litigators, and the East Coast is quickly catching up. There was yet another home in the south of France, private jets and a yacht. He recalled when the Houston Rockets came to town, along with the team's new star, Yao Ming, his younger children were excited about going to the game. He then specialized in employment law at another firm. This contrasted with Madoff's attorney, Ira Sorkin, who spoke in a halting and, at times, qualified language. In the lawsuit, Patricia Conradt said NBC "steamrolled" police to arrest her brother after telling police he failed to show up at a sting operation 35 miles away. He became so hated he had to wear a bulletproof vest to court. 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. "I also believe that Mr. Madoff was never truly remorseful, and that he. Victims of Mr Madoff's fraud included celebrities and everyday people, At the crash site of 'no hope' - BBC reporter in Greece. 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. The request was denied. Bernard Madoff, the one-time Wall Street titan who orchestrated one of the largest frauds in history, has died in prison aged 82. The New York Times also interviewed Mr. Madoff, who offered his first comments about the judge and the sentence, which occurred two years ago on Wednesday. The government argued it had probable cause to search the homes of people who had entered their address, but Chin granted one defendant's motion to suppress. Senior Judge Denny Chin of the U.S. Court of Appeals for the Second Circuit. "They were two struggling kids from Queens. "[6] While a student at Princeton, Chin was a staff writer and later managing editor at The Daily Princetonian. On October 6, 2009, President Barack Obama nominated Chin to the Second Circuit. 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. 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. Michael Livermore Weighs In, Podcast: Global Crisis Triggered by Knowledge Economy, Says Paul B. Stephan 77. Video, At the crash site of 'no hope' - BBC reporter in Greece, Harry and Meghan told to 'vacate' Frogmore Cottage, China and Belarus call for peace in Ukraine, Rare Jurassic-era bug found at Arkansas Walmart, Ed Sheeran says wife developed tumour in pregnancy, Dozens of girls treated after new Iran poisonings, Man survives 31 days in jungle by eating worms. In the middle of his trial, Wyatt changed his plea to guilty as part of a plea bargain with the government. Judge Denny Chin spoke informally to students at an event sponsored by APALSA April 1. Bernie Madoff was born in 1938 in a lower-middle-class neighborhood in the New York borough of Queens. In fact, today, when he did turn around and acknowledged the victims, I felt as if there was a satisfaction that I had actually penetrated. Outside the court, other victims assemble. 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. He worked for law firm Davis Polk after his clerkship, then became an Assistant U.S. Attorney for four years, and later started his own firm with friends. A defendant should get his just deserts, he remembered thinking. 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.". U.S. Court of Appeals Judge Denny Chin, a Chinese immigrant who grew up in a Hell's Kitchen tenement, is the subject of a newly released Pathways to the Bench video profile, the eighth in a video series in which federal judges talk about challenges that helped prepare them to serve justice.. Judge Chin, who joined the Second Circuit bench in 2010, recalls how he moved from Hong Kong to New . He encouraged students at the discussion to be Assistant U.S. display: none; Madoff's chief financial officer, Frank DiPascali, said in a guilty plea in 2009 that the statements detailing trades were "all fake.". He had also received an e-mail that day from Gabriel W. Gorenstein, a magistrate judge who had reached into the wooden wheel that is used to randomly assign cases in the courthouse and selected an envelope that contained Judge Chins name. There were several more Asian-American faces in Madison Square Gardens that night too. 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. A spokeswoman for the company did not immediately return a telephone message. U.S. District Judge Denny Chin sentenced Madoff to the maximum possible term. [8] He was an Assistant United States Attorney for the Southern District from 1982 to 1986. 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. With membership, the site offered the options of chat rooms, surveys, and "vids and pics" for "people who like kids." 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. Consistently ranked among the top law schools, Virginia is a world-renowned training ground for distinguished lawyers and public servants, instilling in them a commitment to leadership, integrity and community service. [2][3][4] Chin was the first Asian American appointed as a United States District Judge outside of the Ninth Circuit. The bureau said Madoff's cause of death would be determined by a medical examiner. 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 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. Hing) and Lily Chin (ne Yee).His father earned the right to bring a Chinese bride into the United States through his service in World War II.After Lily suffered a miscarriage in 1949 and was unable to have children, the couple adopted Vincent from a . Madoff was sent to do what amounted to a life sentence at Butner Federal Correctional Complex, about 45 miles northwest of Raleigh, North Carolina. NBC was working with the activist group Perverted Justice on the sting, in which officers impersonating underage girls establish online chats with men and try to lure them to a house, where they are met by TV cameras and police. At the time of Madoff's arrest, fake account statements were telling clients they had holdings worth $60 billion. "It may be disgusting, but it's protected activity," 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 Ordertelevision series. "It was a very vigorous job process because once you have the job you have it for life," he added. In a scathing ruling, U.S. District Judge Denny Chin said a jury might conclude the network "crossed the line from responsible journalism to irresponsible and reckless intrusion into law. Prosecutors let her keep $2.5m from the the $825m fortune the couple once possessed. His son Mark also killed himself on the second anniversary of his father's arrest. At least two investors with Mr Madoff took their own lives after their losses. Chin spoke informally to students in a discussion organized by the Asian Pacific American Law Students Association (APALSA) April 1 at the Law School. Material from The Associated Press was used in this report. 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. U.S. Court of Appeals Judge Denny Chin, of New York City, is a naturalized citizen. The judge ultimately concluded that even that would have been just way too low., In the end, I just thought he didnt deserve it, he said. [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. Other corporate victims were Royal Bank of Scotland and Man Group and Japan's Nomura Holdings. The ugly truth: No securities were ever bought or sold. In the 1980s, Bernard L. Madoff Investment Securities occupied three floors of a midtown Manhattan high-rise. Accuracy and availability may vary. He said he struggled to find the right number the just sentence, as he described it. 2021 CBS Interactive Inc. All Rights Reserved. Mr. Madoff, speaking by phone from federal prison in Butner, N.C., said he believed that Judge Chin went along with the mob psychology of the time., Explain to me who else has received a sentence like that, Mr. Madoff 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. In explaining how the 150-year sentence was symbolically important, he had neglected to include a third, crucial reason: retribution. For an optimal experience visit our site on another browser. "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. In doing so, he seemed to find a way to translate societys rage into a number. "It is probably the most important trial court in the country, given its location in New York City," Chin said. 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. Another victim, Michael Schwartz, told Madoff he wished a jail cell would be the disgraced financier's coffin. [14] At the time, the PTC had been campaigning for advertisers to withdraw sponsorship of WWE's flagship program SmackDown because it believed that the program caused the violent deaths of four children. 2023 BBC. 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. Then Madoff turned and faced the victims and said, I know this will not help, I am sorry. 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. The company became one of the largest market-makers - matching buyers and sellers of stocks - and Mr Madoff served as chairman of the Nasdaq stock exchange. ", "I'm terminally ill," he said. He graduated from Stuyvesant High School in 1971. 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. Andrew Denney. "Although the crimes Bernie was convicted of have come to define who he was - he was also a father and a husband. And I got into Bernie Madoff. Madoff's lawyers had dubbed the sentence beyond 12 years as having no practical purpose. Copyright 2009 NPR. U.S. Court of Appeals Judge Denny Chin, a Chinese immigrant who grew up in a Hell's Kitchen tenement, is the subject of a newly released Pathways to the Bench video profile, the eighth in a video series in which federal judges talk about challenges that helped prepare them to serve justice. 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. The recovered sum fell far short of the sums Madoff told duped clients he was managing. His clients, many Jews like Madoff and Jewish charities, said they didn't know. He said a jury might conclude it was done solely to sensationalize and enhance the entertainment value of the arrest. "He clearly represented something for a lot of people," he said. About a dozen Madoff employees and associates were charged in the federal case. 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. Timothy A. Clary/AFP/Getty Images Founded in 1819, the University of Virginia School of Law is the second-oldest continuously operating law school in the nation. 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. He was confirmed in April 2010 and took senior status in June 2021. Rather, they are doing what they are supposed to be doing placing their trust in our system of justice.. [15] PTC and WWE settled out of court and, as part of the settlement agreement, the PTC paid WWF $3.5 million USD and PTC president Bozell issued a public apology. He rules over civil and criminal cases, commercial cases, contract cases, murder cases, narcotics cases, "boiler room" cases and even the lawsuit regarding pictures published in Penthousethat were purportedly of tennis star Anna Kournikova; the real subject of the photos sued the magazine for printing pictures of her sunbathing topless on a public beach in Miami. Madoff, known as Bernie, was a former chairman of the Nasdaq stock exchange, and was regarded for years as an investment sage. [21], He was assigned the Google Book Search Settlement Agreement case on January 8, 2009, after the death of the previous supervising judge. Madoff was in a bathrobe when two FBI agents arrived at his door unannounced on a December morning. The request was denied. A former law clerk had e-mailed him to say that more than a dozen television trucks were already lined up near the courthouse. 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. To Judge Chin, Mr. Madoff seemed sad, almost as if he were grieving. Citing data that showed Mr. Madoff, who was then 71, could expect to live about 13 more years, Mr. Sorkin asked for a term of 12 years just short of an effective life sentence, as he put it suggesting that Mr. Madoff might be allowed a year of freedom before he died. Imposing a 150-year sentence in 2009, judge Denny Chin called Madoff's crimes "extraordinarily evil". It collapsed during the 2008 financial crisis. He had no values," former investor Tom Fitzmaurice told the judge at the sentencing. His criminal behavior devastated the lives of his victims, leading to suicides, bankruptcies and home losses. Chin sentenced Kumar to 2 years of probation. Instead, he was required to stack the maximum sentences for each count they totaled 150 years to calculate a recommended sentence under the federal advisory guidelines. "It's rare than an institutional client gets handed down to a woman.". The United States Senate confirmed Chin on August 9, 1994, and Chin received his commission the next day. The courts probation department had recommended a 50-year term, while the government had requested 150 years. His family moved to the United States in 1956 from Hong Kong under the Refugee Relief Act when he was just 2 years old. He began to consider how to articulate the message he wanted to send. Mr. Madoff rose and offered a lengthy apology, saying he felt horrible guilt. He turned to face the victims, and apologized again. 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. 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.. 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When asked about affirmative action, Chin expressed mixed feelings. But he decided that 150 years would send a loud, decisive message. U.S. District Judge Denny Chin showed no mercy, sentencing Madoff to the maximum 150 years in prison. [12] Chin assumed senior status on June 1, 2021. U.S. District Judge Denny Chin said, "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. [5] He graduated magna cum laude with a B.A. 2023 by the Rector and Visitors of the University of Virginia. Advertising. He would include the story in his draft. Totally a nice guy, understated, unassuming, fell for it lock, stock and barrel. I said, So basically youre splitting the baby? the judge remembered. 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. Two years later, Judge Chins recollections resurrect all the anger, shock and confusion that surrounded Mr. Madoffs crimes, and provide a rare peek at the excruciating pressure faced by a judge who had to balance the law, the publics emotions and his own deeply held beliefs while meting out a sentence that was just and satisfied the courts need to send a message. "You see how our system works," he said. "You need to be an activist wherever you land, whether it be at a big firm by doing pro bono work and being involved in the community or doing something else in the public interest.". Get browser notifications for breaking news, live events, and exclusive reporting. 20,000 people may have been exposed to measles at Asbury University revival PESCA: Words tumbled out of some victims, others vacillated between tears and rage. Although he went through an extensive background check, "my confirmation hearing took about five minutes, maybe three minutes it was that simple.". 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. Covering the final, emotional hearing in Federal Judge Denny Chin's courtroom in downtown Manhattan in March 2009, I sat two rows behind Bernie--later sentenced to 150 years in prison--when. The order left her with $2.5m. Menaka Guruswamy, Arundhati Katju Helped Win Landmark Ruling in India, Consumer Information (ABA Required Disclosures), Asian Pacific American Law Students Association (APALSA), Jamar Walker 11 Makes History as First LGBT Federal Judge in Virginia, Sean Onwualu 24 Trades in Playbooks for Casebooks, LGBT Rights Litigators To Receive Jefferson Medals in Law, Big Data and War: Can a Cyberattack Warrant an Armed Response? 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. Mr. GEORGE NIERENBERG: I called him Madoff. A court-appointed trustee recovered more than $13bn of an estimated $17.5bn that investors put into Madoffs business. Klayman later alleged in a brief that because minorities cannot obtain positions in high places without the support of their communities, Chin could not have gotten his appointment without the support of John Huang. He also responded to the assertion in Mr. Sorkins letter that the unified tone of the victims statements suggested a desire for a type of mob vengeance that would seemingly negate the judges role. 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. They worked hard, said Thomas Morling, who worked closely with the Madoff brothers in the mid-1980s. Aside from an accountant accused of helping Madoff hide the scheme, no one else has been criminally charged. Denny Chin is a United States Circuit Judge for the United States Court of Appeals for the Second Circuit. More than 15,400 claims against Madoff were filed. But his investment advisory business was exposed in 2008 as a multibillion-dollar Ponzi scheme that wiped out people's fortunes and ruined charities and foundations. Judge Chin ran with that idea. 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. Frankly, that was not the message I wanted to be sent, he said. [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. In McCosh Hall, outside Room 50 hangs a portrait of Judge Denny Chin. The lawyer, Ira Lee Sorkin, listed several reasons, including Mr. Madoffs confessing to his sons, knowing he would be turned in; his full acceptance of responsibility for his crimes; and his efforts to assist in the recovery of lost assets. U.S. District Judge Denny Chin showed no mercy, sentencing Madoff to the maximum 150 years in prison. "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. The sentencing of Bernard L. Madoff required balancing the law against the public anger his fraud had inspired. Administrative Oversight and Accountability, Director of Workplace Relations Contacts by Circuit, Fact Sheet for Workplace Protections in the Federal Judiciary, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. Bernie Madoff leaves federal court in 2009. 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." His clients ranging from Florida retirees to celebrities such as Steven Spielberg, actor Kevin Bacon and Hall of Fame pitcher Sandy Koufax consistently enjoyed steady double-digit returns. At various times, he referred to his monumental fraud as a "problem," "an error of judgment" and "a tragic mistake. An old IBM computer cranked out monthly statements showing steady double-digit returns, even during market downturns. 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. 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