United States V. Frank DiPascali Jr.

United States v. Frank DiPascali, Jr., 09 Cr. 764 (RJS), is assigned to United States District Judge Richard J. Sullivan. The Government’s Application for a Preliminary Order of Forfeiture, dated April 21, 2010, is attached below. Victims who wish to comment on the proposed orders and stipulations relating to forfeiture in this case shall do so by May 7, 2010. Victims may comment by letter addressed to Wendy Olsen, United States Attorney’s Office, 1 St. Andrew’s Plaza, New York, New York 10007, or by email addressed to Wendy.Olsen@usdoj.gov. Also attached below is the Court’s Order, dated April 22, 2010, regarding victims’ comments to the Government’s April 21 Application.

Prior Proceedings

On December 11, 2008, Bernard L. Madoff was arrested on a criminal complaint alleging one count of securities fraud. On December 11, 2008, the Securities and Exchange Commission brought a civil action against Mr. Madoff, and filed a motion to freeze certain assets and to appoint a receiver. On December 12, 2008, U.S. District Judge Louis L. Stanton entered an order: (1) appointing a receiver over Bernard L. Madoff Investment Securities LLC, Madoff Securities International Ltd., and Madoff Ltd.; and (2) freezing certain corporate and personal assets. On December 15, 2008, a trustee (Irving H. Picard, Esq.) was appointed for the liquidation of Bernard L. Madoff Investment Securities LLC, pursuant to the Securities Investor Protection Act of 1970. The court-appointed trustee has posted information about its activities at www.madoff.com and www.sipc.org. Investors and/or victims should consult those websites for additional information.

Information for Investors

Investors are requested to gather any documents that they have concerning their investments with Mr. Madoff and his companies, and to regularly check this website, the receiver's website, the trustee's website, and the SEC website (www.sec.gov) for information about developments in this investigation and further instructions on how to provide information to the pertinent authorities.

In addition, the FBI has set up a hot line number, (212) 384-2359, for victims to call and leave their contact information.

We know that investors are anxious to learn whatever they can about the status of their investments and the assets of the Madoff companies. Although we cannot provide further details at this time, please be assured that all those involved are working diligently to investigate this matter and to locate and preserve assets that can be used for restitution to defrauded investors.

Federal crime victims* have the following rights, as set forth in the Justice for All Act of 2004, 18 U.S.C. §3771:

(1) The right to be reasonably protected from the accused.
(2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.
(3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
(4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.
(5) The reasonable right to confer with the attorney for the Government in the case.
(6) The right to full and timely restitution as provided in law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the victim's dignity and privacy.

*Under the statute, "the term crime victim' means a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim's estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim's rights under this chapter, but in no event shall the defendant be named as such guardian or representative.

The United States Attorney's Office for the Southern District of New York is committed to protecting the rights of crime victims. If you are a victim of an offense being prosecuted by our Office, our Victim/Witness Unit can make sure that you are notified of important stages of the case to help you exercise your rights. In addition, our Victim/Witness Unit can help refer you to agencies that provide other services to witnesses, such as compensation and counseling. For information or assistance with referrals, please contact:

Wendy Olsen Clancy
Victim/Witness Coordinator
United States Attorney's Office
One St. Andrew's Plaza
New York, New York 10007
(866) 874-8900
Wendy.Olsen@usdoj.gov

UPDATE

United States v. Frank DiPascali Jr. has been assigned to the Honorable Richard J. Sullivan. The Criminal Information charging DiPascali is attached below. Di Pascali pleaded guilty on August 11, 2009 to all of the charges in the Information, and was denied bail pending sentencing. The Government and DiPascali have asked the Court to reconsider its bail decision and to release DiPascali on bail. The Court has directed the Government to inform the Court on December 28, 2009 whether any victims wish to provide any written submissions or otherwise be heard on the issue of the Court’s reconsideration of DiPascali’s bail application. Accordingly, any victim who wishes to provide any written submission or otherwise to be heard on this issue should inform the Government by sending an e-mail to usanys.madoff@usdoj.gov by December 28, 2009 at 12:00 p.m. (EST).

Updated August 18, 2015