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. 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. [12] Chin assumed senior status on June 1, 2021. "A reasonable jury could find that by doing so, NBC created a substantial risk of suicide or other harm, and that it engaged in conduct so outrageous and extreme that no civilized society should tolerate it," Chin said. Moreover, any sentence of less than 150 years could be seen as showing him mercy. He would include the story in his draft. Then Madoff turned and faced the victims and said, I know this will not help, I am sorry. 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. 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. 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 . There was also Carla Hirshhorn, who said she was thankful that her father died before he realized that his wife's financial security was ruined. Earlier this week, Judge Denny Chin (S.D.N.Y.) Material from The Associated Press was used in this report. Thanks (I guess) for spinning the wheel in my favor! Judge Chin wrote back. In bankruptcy filings, trustee Irving Picard said family members "used customers' accounts as though they were their own," putting Madoff's maid, boat captain and house sitter in Florida on the company payroll and paying nearly $1 million in fees at high-end golf clubs in Florida and on Long Island, N.Y. Picard has sought to reclaim ill-gotten gains by freezing Madoff's business bank accounts and selling off legitimate portions of his firm, Bernard L. Madoff Investment Securities LLC. [23], In 2012, Chin presided over the criminal sentencing of Anil Kumar, a senior executive of McKinsey and Company in the Galleon Group insider trading investigation. From his decision ruling that Megan's Law could not be applied retroactively to offenders convicted before the law was enacted (earning him the unwelcome nickname of "pervert's pal" from detractors), to his decision overruling former Mayor Rudy Giuliani's decision to block the Million Youth March, led by controversial black power leader Khallid Abdul Muhammad, Chin sees it all. On October 6, 2009, President Barack Obama nominated Chin to the Second Circuit. 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. [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. "We're in a complicated situation. Madoff was sentenced to 150 years in prison for his monumental fraud. "They're now Madoff schemes. 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. Applause broke out in the New York courtroom when the judge handed down the maximum sentence. The order left her with $2.5 million. In an interview with The Washington Post he said he had "made a terrible mistake. 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." When asked about affirmative action, Chin expressed mixed feelings. His son Mark also killed himself on the second anniversary of his father's arrest. [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. A former law clerk had e-mailed him to say that more than a dozen television trucks were already lined up near the courthouse. 20,000 people may have been exposed to measles at Asbury University revival 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. "I think in time we'll get more Asian-American judges as these Asian-American litigators get more experience under their belts," he said. Authorities later said that over the years, at least $13bn was invested with the company, which used an old IBM computer to crank out monthly statements showing steady double-digit returns, even during market downturns. Madoff pleaded guilty in March 2009 to securities fraud and other charges, saying he was "deeply sorry and ashamed.". v. Madoff responded: There is no innocent explanation.. 2008 The Associated Press. 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. Madoff responded: "There is no innocent explanation.". A graduate of Princeton, Chin couldn't get a paying job after his first year at the Fordham University School of Law, so he interned for a judge in New York's Southern District, then clerked for the same judge following graduation. His death was announced by the Bureau of Prisons. [27], United States Court of Appeals for the Second Circuit, United States District Court for the Southern District of New York, United States Senate Committee on the Judiciary, Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right, List of first minority male lawyers and judges in the United States, Hearings Before the Committee on the Judiciary, United States Senate, One Hundred Third Congress, First Session on Confirmations of Appointees to the Federal Judiciary, Part 4, "President Obama Nominates Judge Denny Chin for United States Court of Appeals for the Second Circuit, Judge O. Rogeriee Thompson for United States Court of Appeals for the First Circuit", "Judge Who Sentenced Madoff to Be Nominated to Higher Court", "Obama names Madoff case judge to fill Sotomayor spot", "U.S. District Judge Denny Chin to Address Spring 2009 Law Graduates", "The Old Ones of Chinatown: A Study of the Elderly Chinese", "Denny Chin | Office of the Executive Vice President", "Judicial Nomination Materials: 111th Congress", "On the Nomination (Confirmation Denny Chin, of New York, to be U.S. The whole goddamn thing is a fraud.'". Subscribe to be notified when the news section is updated. Mr. Sorkin also proposed another option: 15 to 20 years. Bernard Madoffs Manhattan penthouse, Long Island getaway and Florida estate are for sale in the hopes of raising tens of millions of dollars to help reimburse victims of his Ponzi scheme. "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 tossed out many of Patricia Conradt's claims but said her principal claims could proceed to trial. At least two investors with Mr Madoff took their own lives after their losses. ", First published on April 14, 2021 / 9:47 AM. [9] He was sworn in as a Circuit Judge on April 26, 2010. At various times, he referred to his monumental fraud as a "problem," "an error of judgment" and "a tragic mistake. For decades, Madoff enjoyed an image as a self-made financial guru whose Midas touch defied market fluctuations. "I also believe that Mr. Madoff was never truly remorseful, and that he. 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. For reasons of symbolism, and to further the principles of retribution and deterrence and to keep faith with victims, Bernard Madoff was sentenced to a 150 years in prison. 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. 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. The order left her with $2.5m. U.S. District Judge Denny Chin showed no mercy, sentencing Madoff to the maximum 150 years in prison. Thanks (I guess) Judge Chin, 57, said he learned he had received the Madoff case from his staff as he entered his chambers on March 6, 2009, after a court proceeding. Chin spent much of his statement utterly dismissing each argument the Madoff team put forth. 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. #inline-recirc-item--id-942a1cd6-8c88-11e2-b06b-024c619f5c3d ~ .item:nth-child(5) { 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. "It's rare than an institutional client gets handed down to a woman.". PESCA: Cantor was hurt badly, but not ruined. "It is probably the most important trial court in the country, given its location in New York City," Chin said. How could this be real? The company previously called the lawsuit "completely without merit." After the meeting, a lawyer for the family contacted regulators, who alerted federal prosecutors and the Federal Bureau of Investigation. Totally a nice guy, understated, unassuming, fell for it lock, stock and barrel. 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. The victims who came forward testified that they had suffered financial ruin because of Madoff's fraud. "I cannot adequately express how sorry I am for what I have done," he said in March 2009, when he pleaded guilty. In court, Mr Madoff said that when he started the scheme in the 1990s, he hoped it would only be for a limited time. [1] [2] Prior to his appointment, Chin served as a judge on the United States District Court for the Southern . Biden to say in Afghanistan speech its time to end Americas longest war live, Original reporting and incisive analysis, direct from the Guardian every morning. U.S. District Judge Denny Chin called the scope of the fraud "staggering" and gave the 71-year-old financier the maximum sentence allowed, ensuring Madoff would live out his days behind bars. I've served 11 years already, and, quite frankly, I've suffered through it.". [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. A court-appointed trustee has recovered more than $13 billion of an estimated $17.5 billion that investors put into Madoff's business. There, with his brother and later two sons, he ran a legitimate business as middlemen between the buyers and sellers of stock. "How could somebody do this to us? 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. The mans widow had met with Mr. Madoff, who had put his arm around her and told her not to worry, that her money was safe with him. Frank DiPascali, the companys chief financial officer, said in a guilty plea in 2009 that the statements detailing trades were all fake. 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. Madoff's chief financial officer, Frank DiPascali, said in a guilty plea in 2009 that the statements detailing trades were "all fake.". "It was clear the only reason he asked me these questions was because I'm Asian-American," Chin said. He cheated his victims out of their money so he and his wife could live a life of luxury beyond belief.. Roadways to the Bench: Who Me? Judge Chin read his passage on retribution, which, after the length of the sentence itself, appeared to have the greatest impact. Just thought Id give you the heads up, Judge Gorenstein wrote. 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. Please enter valid email address to continue. 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. [8][9], President Bill Clinton nominated Chin to the Southern District bench on March 24, 1994, to a new seat created by 104 Stat. In explaining how the 150-year sentence was symbolically important, he had neglected to include a third, crucial reason: retribution. in psychology from Princeton University in 1975 after completing a 130-page long senior thesis titled "The Old Ones of Chinatown: A Study of the Elderly Chinese. I would literally take his naturalization petition, which I have framed in my chambers, and hold it up to the citizens.". 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. U.S. Court of Appeals Judge Denny Chin, of New York City, is a naturalized citizen. Madoffs wife, Ruth, survives him. / AP. Judge Denny Chin denied Mr Madoff's request, noting many victims were still suffering due to their financial losses. This contrasted with Madoff's attorney, Ira Sorkin, who spoke in a halting and, at times, qualified language. Klayman explained that he and his client were concerned that Chin had ruled against them because Klayman had engaged in activities that some had portrayed as being anti-Asian. The scam involved an estimated $65bn, a figure that included gains Mr Madoff's clients believed they had made due to fake account statements. He confessed the problem to his sons, who went to the authorities. 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. Madoff, known as Bernie, was a former chairman of the Nasdaq stock exchange, and was regarded for years as an investment sage. He invited them in, and then confessed after being asked if theres an innocent explanation, a criminal complaint said. He was confirmed in April 2010 and took senior status in June 2021. 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. His grandfather and father both worked in Chinese restaurants in New York City, while his mother worked as a seamstress in Chinatown's garment district. 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. From 1994 until his appointment to the Second Circuit, he served as a United States District Judge for the Southern District of New York. } . The terms require the Madoffs to sell a $7 million Manhattan apartment where Ruth Madoff still lives. Madoff raised his profile by using the expertise to help launch Nasdaq, the first electronic stock exchange, and became so respected that he advised the Securities and Exchange Commission on the system. Imposing a 150-year sentence in 2009, judge Denny Chin called Madoff's crimes "extraordinarily evil". One of the traditional notions of punishment, he wrote, is that an offender should be punished in proportion to his blameworthiness. Mr. Madoffs crimes were extraordinarily evil, he added. He became so hated he had to wear a bulletproof vest to court. The judge, explaining why he had rejected the defenses request for a substantially shorter sentence, provided two reasons why the symbolism of a much longer term was important: to send the strongest possible message of deterrence, and to help the victims heal. [11] He received his judicial commission on April 23, 2010. He directed Klayman to explain the letter and in open court Klayman stated that he had written the letter because Chin was Asian. . Most judges will tell you that sentencing is the most difficult thing we do, he said. In 1990, he joined the law firm Vladeck, Waldman, Elias & Engelhard, P.C., where he specialized in labor and employment law and represented employees and unions. He said there may be parts of the country that are less tolerant, noting that there's no question that some Asian-American lawyers feel held back. From 1994 until his appointment to the Second Circuit, he served as a United States District Judge for the Southern District of New York. 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. 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. 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. He saved the document at 9:12 a.m., printed it and soon headed for the 10 a.m. hearing which, because of the expected crowds, would be held in the courts expansive ceremonial courtroom. Madoff pleaded guilty in March 2009 to securities fraud and other charges, saying he was deeply sorry and ashamed. 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. Soon after, Tom Fitzmaurice quoted his wife as saying, I cry every day when I see the look of pain and despair in my husband's eyes. I still love the guy who got me in because he went down too. But as he finished for the night, he said, he felt vaguely unsatisfied with the draft, which he saved on his computer at 9:29 p.m. I was still struggling with the reasoning, he recalled. 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. When he applied for the judgeship, he was just 39, but there were 10 vacancies in the Southern District of New York for President Clinton to fill. IE 11 is not supported. Aside from an accountant accused of helping Madoff hide the scheme, no one else has been criminally charged. 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. Bernie Madoff, a Wall Street financier disgraced after he admitted to one of the biggest frauds in US financial history, has died in prison at age 82. Pence won't commit to supporting Trump if he's the nominee In the headlines and news accounts that followed, the words extraordinarily evil seemed to be everywhere. 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. Chin sentenced Kumar to 2 years of probation. "He turned to me and he said, crying, 'I'm at the end of my rope. He called clerking "difficult," but rewarding at the federal court level. 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. "It was a very vigorous job process because once you have the job you have it for life," he added. This material may not be published, broadcast, rewritten, or redistributed. A court-appointed trustee recovered more than $13bn of an estimated $17.5bn that investors put into Madoffs business. The firm was investigated eight times by the US Securities and Exchange Commission because it made exceptional returns. Another son, Andrew, died from cancer at age 48. To Judge Chin, Mr. Madoff seemed sad, almost as if he were grieving. The exact amount of the fraud has yet to be calculated, largely because it was so vast and went on for so long. On March 12, Madoff pleaded guilty to securities fraud and other charges, saying he was "deeply sorry and ashamed." How do you excuse deceiving your family, your investors and an industry you spent your life trying to improve? 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. Madoff's other son, Andrew, died from cancer at age 48. Judge Denny Chin, who now sits on the 2nd U.S. After spending several months under house arrest at his $7m penthouse apartment, he was led off to jail in handcuffs, to scattered applause from angry investors in the courtroom. "When Peter or Bernie said something that they were going to do, their word was their bond," Morling said in a 2008 interview. With the verdict, Chin said he was sending a message "that Mr. Madoff's crimes were extraordinarily evil, and that this kind of manipulation of the system is not just a bloodless crime that takes place on paper, but one instead that takes a staggering toll.". Bernard Madoff, the one-time Wall Street titan who orchestrated one of the largest frauds in history, has died in prison aged 82. 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 Order television series.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 . In her lawsuit, Patricia Conradt claims a police officer at the scene of the shooting told a "Dateline" producer: "That'll make good TV. 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. The students were about 55 percent Asian-American, when the population in New York City is only about 10 percent Asian-American. Get browser notifications for breaking news, live events, and exclusive reporting. The order left her with $2.5 million. 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. He stole from the poor. With membership, the site offered the options of chat rooms, surveys, and "vids and pics" for "people who like kids." The recovered sum fell far short of the sums Madoff told duped clients he was managing. 2009 to securities fraud and other charges, saying he was managing x27 ; s son... 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