Ira Sorkin

Last updated
Ira Sorkin
Born
Ira Lee Sorkin

(1943-05-30) May 30, 1943 (age 80)
NationalityAmerican
Education Tulane University (BA)
George Washington University (JD)
OccupationAttorney
Known forRepresenting Bernie Madoff

Ira Lee Sorkin (born May 30, 1943) is an American attorney. He is best known for representing Bernard Madoff, the American businessman who pleaded guilty to perpetrating the largest investor fraud ever committed by a single person.

Contents

Education and career

Sorkin grew up in Manhasset, NY, and graduated from Manhasset High School in 1961. He was president of his senior class, starting center on the football team, and the star shot-put of the track and field team. He received his B.A. from Tulane University in 1965 and his J.D. from The George Washington University Law School in 1968.

Sorkin began his legal career as a summer intern in the office of the District Attorney for Brooklyn, New York, in 1966 followed by a second summer internship in the United States Attorney's office in Manhattan in 1967. When he graduated law school, his first job was as a trial attorney in New York with the U.S. Securities and Exchange Commission. Thereafter, Mr. Sorkin served as an Assistant U.S. Attorney and then Deputy Chief of the Criminal Division of the U.S. Attorney's Office for the Southern District of New York in the 1970s. From 1984 to 1986 he worked as the Director of the SEC's New York office. In 1995 and 1996, he also served as the Chief Legal Officer of Nomura Securities, a member firm of the New York Stock Exchange. In 1997, he became a defense attorney.

While in the United States Attorney's Office:

I tried 15 cases in 11 months. ... In those days, we tried everything — stolen mail cases, food stamp cases. These days, if you're prosecutor for five years, you might get to try five cases.

One of his first private clients was Rupert Murdoch in the law firm of Howard Squadron, Theodore Ellenoff and Stanley Plesent. When the firm merged, he joined as a partner at Carter Ledyard & Milburn. Thereafter in 2004, Mr. Sorkin joined the New York Office of Dickstein Shapiro, a large American law firm.[1] On November 8, 2010, Mr. Sorkin left Dickstein Shapiro along with four other lawyers to join New Jersey-based law firm Lowenstein Sandler as a partner.

Among many clients in his career, Sorkin represented Stratton Oakmont and Jordan Belfort ("Wolf of Wall Street"). Between 1991 and 1996, Sorkin defended Monzer al-Kassar, a Syrian convicted in November 2008 of supplying arms to undercover agents posing as anti-American terrorists.[2] Thereafter, he represented Bernard Madoff.

Sorkin is currently a partner at Mintz & Gold LLP, a full-service New York City-based law firm. Sorkin was a partner at Lowenstein Sandler and left to form his own law firm, Sorkin & Sondhi LLP, with his legal partner, Amit Sondhi. On November 3, 2015, Sorkin merged [1] his firm, Sorkin & Sondhi LLP, with Mintz & Gold LLP.

Bernard Madoff

Howard Squadron and several other partners invested with Bernard Madoff, and the firm's pension account, including about $19,000 belonging to Sorkin. Sorkin's parents have had about $900,000 invested with Madoff in more than one account; these were liquidated following the mother's death in 2007, long before the fraud became known, with the proceeds distributed to Sorkin's two grown sons.

Sorkin is the lead defense attorney on the Madoff fraud case, assisted by associates Daniel J. Horwitz, Nicole P. De Bello and Mauro M. Wolfe, who had changed firms along with him when he joined Dickstein Shapiro. [2] On March 20, 2009, an appellate court denied his request to release Madoff from incarceration, to "penthouse arrest" pending his June 2009 scheduled sentencing date.

SEC v. Avellino and Bienes

In November 1992, Sorkin represented two accountants, Frank J. Avellino and Michael S. Bienes of Fort Lauderdale. Bienes began his career working as an accountant for Madoff's father-in-law, Saul Alpern. Then, he became a partner in the accounting firm Alpern, Avellino and Bienes. In 1962, the firm began advising its clients about investing all of their money with a mystery man, a highly successful and controversial figure on Wall Street, but until this episode, not known as an ace money manager, [3] (Madoff). When Alpern retired at the end of 1974, the firm became Avellino and Bienes and continued to invest solely with Madoff. [4] [5]

Avellino & Bienes were accused of selling unregistered securities, and in its report, the SEC mentioned the fund's "curiously steady" yearly returns to investors of 13.5% to 20%. However, the SEC did not look any more deeply into the matter, and never publicly disclosed Madoff. [3] [4] Through Sorkin, who once oversaw the SEC's New York office, Avellino & Bienes agreed to return the money to investors, shut down their firm, undergo an audit, and pay a fine of $350,000. Avellino complained to the presiding Federal Judge, John E. Sprizzo, that Price Waterhouse fees were excessive, but the judge ordered him to pay the bill of $428,679 in full. Madoff said that he did not realize the feeder fund was operating illegally, and that his own investment returns tracked the previous 10 years of the S&P 500. [4] The SEC investigation came right in the middle of Madoff's three terms as the powerful chairman of the NASDAQ stock market board. [5]

The size of the pools mushroomed by word-of-mouth, and investors grew to 3,200 in nine accounts with Madoff. Regulators feared it all might be just a huge scam. "We went into this thinking it could be a major catastrophe. They took in nearly a half a billion dollars in investor money, totally outside the system that we can monitor and regulate. That's pretty frightening." said Richard Walker, at the time, the SEC's New York regional administrator. [3] The case number is: SEC v. Avellino & Bienes et al., Lit. Rel. No. 13443 (Nov. 27, 1992). [6]

Bienes, 72, recently discussed that he deposited $454 million of investors' money with Madoff, and until 2007, continued to invest several million dollars of his own money. "Doubt Bernie Madoff? Doubt Bernie? No. You doubt God. You can doubt God, but you don't doubt Bernie. He had that aura about him." His $6.7 million home in the exclusive Bay Colony of Ft. Lauderdale is presently for sale. [5]

SEC v. Telfran Ltd.

Sorkin also represented accountants, Steven Mendelow of New York City and Edward Glantz of Lake Worth, Fla., who in 1989 began their own pool, Telfran Ltd., investing in Avellino & Bienes, and sold $89.6 million in unregistered notes. They were charged in a separate SEC civil lawsuit alleging that Telfran made money by investing in Avellino & Bienes notes paying 15% to 19% annually, while paying Telfran investors lower rates. All funds were ordered by the SEC to be returned to the investors. The case is: Civil Action No. 92·8564, SDNY (LR·13463) [3] [7]

Mr. Mendelow has also been subpoenaed in the present Madoff Scandal and is cooperating, according to his lawyer, who said he engaged in no wrongdoing. "I don't think he has done anything to promote Mr. Madoff since the 1992, 1993 decree," said Stanley S. Arkin, Mendelow's lawyer. [8] One of the lawyers of the firm was giving information to the reporter of Fox Business during the Court process. Under the says of the New York Bar it was not very ethical.

Philanthropy

Sorkin is fundraising chairman of American Friends of the Hebrew University. Through ads and testimonials, he helps to promote tourism to Israel. [2]

Related Research Articles

<span class="mw-page-title-main">U.S. Securities and Exchange Commission</span> Government agency overseeing stock exchanges

The U.S. Securities and Exchange Commission (SEC) is an independent agency of the United States federal government, created in the aftermath of the Wall Street Crash of 1929. The primary purpose of the SEC is to enforce the law against market manipulation.

Seymour Glanzer was an American lawyer who served as one of the Watergate prosecutors from 1972–1973.

<span class="mw-page-title-main">Linda Chatman Thomsen</span> American lawyer and government official

Linda Chatman Thomsen is an American attorney who was director of the Division of Enforcement for the U.S. Securities and Exchange Commission from 2005 until early 2009. Since arriving at the SEC in 1995, she worked under four SEC Chairmen: Arthur Levitt, Harvey Pitt, William H. Donaldson, and Christopher Cox. William Donaldson named her director of the Division of Enforcement on May 12, 2005. She is the first woman to serve as director of the Division of Enforcement. Thomsen is known for her role in the suits by the SEC against Enron and Martha Stewart, and for not having investigated Bernard Madoff. She succeeded Stephen M. Cutler. As of 2016, she has been a senior counsel at Davis Polk & Wardwell.

Dickstein Shapiro LLP was a large U.S. law firm and lobbying group based in Washington, D.C., with five offices across the United States. According to the National Law Journal's 2012 rankings, it was the 128th largest law firm in the United States. The firm also ranked 75th in profit per attorney on the 2012 AmLaw 200 survey.

<span class="mw-page-title-main">Bernie Madoff</span> American fraudster and financier (1938–2021)

Bernard Lawrence Madoff was an American financial criminal and financier who was the admitted mastermind of the largest known Ponzi scheme in history, worth an estimated $65 billion. He was at one time chairman of the Nasdaq stock exchange. Madoff's firm had two basic units: a stock brokerage and an asset management business; the Ponzi scheme was centered in the asset management business.

Marc Stuart Dreier is an American former lawyer who was sentenced to 20 years in federal prison in 2009 for committing investment fraud using a Ponzi scheme. He is scheduled to be released from FCI Sandstone on June 30, 2025. On May 11, 2009, he pleaded guilty in the United States District Court for the Southern District of New York to eight charges of fraud, which included one count of conspiracy to commit securities fraud and wire fraud, one count of money laundering, one count of securities fraud, and five counts of wire fraud in a scheme to sell more than $950 million in fictitious promissory notes. Civil charges, filed in December 2008 by the U.S. Securities and Exchange Commission, are pending. The 2011 documentary Unraveled states that "Drier stole over $740 million from 4 clients, 4 individuals, and 13 hedge funds".

Jacob Ezra Merkin is an American investor, hedge fund manager and philanthropist. He had been a fund manager and capital raiser until 2008 when one of the funds in Gabriel Capital LP, his $5 billion group of hedge funds became insolvent because a large portion of its assets was invested with the convicted Ponzi scheme operator Bernard Madoff. The fallout from his investment with Madoff has been extensive. He navigated a series of lawsuits without a finding of fraud or knowledge of the scheme, but agreed to repay any fees earned from the investment in Madoff historically. He had to resign a series of positions including his role as non-executive chairman of GMAC.

Harry M. Markopolos is an American former securities industry executive and a forensic accounting and financial fraud investigator.

David G. Friehling is an American accountant who was arrested and charged in March 2009 for his role in the Madoff investment scandal. He subsequently pleaded guilty to rubber-stamping Bernard Madoff's filings with regulators rather than fully reviewing them. His role in covering up Madoff's massive Ponzi scheme makes it the largest accounting fraud in history.

<span class="mw-page-title-main">Arthur Nadel</span> American hedge fund manager (1933–2012)

Arthur Geoffrey Nadel was an American hedge fund manager, disbarred lawyer, piano player, and philanthropist. In 2009, Nadel was indicted on fifteen federal counts of securities fraud, wire fraud, and mail fraud. If found guilty, he could have been sentenced to 280 years in prison and would have been required to forfeit all assets connected to the fraud.

H. David Kotz, also known as Harold David Kotz, is a managing director at Berkeley Research Group.

<span class="mw-page-title-main">Madoff investment scandal</span> Investment scandal discovered in 2008

The Madoff investment scandal was a major case of stock and securities fraud discovered in late 2008. In December of that year, Bernie Madoff, the former Nasdaq chairman and founder of the Wall Street firm Bernard L. Madoff Investment Securities LLC, admitted that the wealth management arm of his business was an elaborate multi-billion-dollar Ponzi scheme.

<span class="mw-page-title-main">Participants in the Madoff investment scandal</span>

Participants in the Madoff investment scandal included employees of Bernard Madoff's investment firm with specific knowledge of the Ponzi scheme, a three-person accounting firm that assembled his reports, and a network of feeder funds that invested their clients' money with Madoff while collecting significant fees. Madoff avoided most direct financial scrutiny by accepting investments only through these feeder funds, while obtaining false auditing statements for his firm. The liquidation trustee of Madoff's firm has implicated managers of the feeder funds for ignoring signs of Madoff's deception.

Recovery of funds from the Madoff investment scandal has been underway since the scandal broke in December 2008. That month, recovery trustee Irving Picard received funds from the Bank of New York account where Bernard Madoff held new investments into his Ponzi scheme. As it has been concluded that no legitimate investments were made on the investors' behalf for at least the last 12 years of operation, recovery has proceeded on a "money in/money out" basis. Investors are entitled to receive no more than the nominal cash amounts that they paid in and did not subsequently withdraw, without regard to inflation, interest, opportunity cost or the false statements that Madoff provided them. Those statements combined to a total balance of approximately $64 billion, while the admitted claims amount to $19.5 billion. As of March 2023, the trustee had recovered $14.6 billion toward these claims through legal action against Madoff associates, feeder funds and beneficiaries of the scheme, and had made fourteen distributions to investors. Action by the Department of Justice has recovered an additional $4 billion.

Irving H. Picard is a partner in the law firm BakerHostetler. He is known for his recovery of funds from the Madoff investment scandal from investors, Bernie Madoff and his family, and their spouses and estates. Throughout the ordeal, Picard's law firm was paid approximately $1 billion.

<span class="mw-page-title-main">Stanley Chais</span> American financial advisor (1926–2010)

Stanley Chais was an American investment advisor, money manager, and philanthropist. He operated "feeder funds" which collected money for funds related to the Madoff investment scandal. The widow, family, and estate of Chais settled with Madoff trustee Irving Picard in 2016 for $277 million.

<span class="mw-page-title-main">Robert Khuzami</span> Former SEC Enforcement Director and former United States federal prosecutor

Robert S. Khuzami was the Deputy U.S. Attorney for the United States Attorney's Office for the Southern District of New York until March 22, 2019. He previously was a United States federal prosecutor and Assistant United States Attorney for the office, and a former director of the Division of Enforcement of the U.S. Securities and Exchange Commission. He was previously a partner at law firm Kirkland & Ellis. and general counsel of Deutsche Bank AG.

David M. Becker is an American lawyer and a partner of Cleary Gottlieb. He was twice General Counsel and Senior Policy Director of the United States Securities and Exchange Commission (SEC)

Andrew J. Levander is an American lawyer and Chairman of the law firm Dechert, who advises on securities fraud, commercial litigation and white collar criminal defense matters. A former federal prosecutor, he is known for representing numerous prominent Wall Street companies and executives, as well as global businesses facing litigation.

Shana Diane Madoff, sometimes referred to as Shana Madoff Skoller Swanson, is an American former attorney who is now a yoga teacher.

References

  1. "Sorkin-Founded Boutique Merges With Mintz & Gold". New York Law Journal. Retrieved 2015-11-06.
  2. 1 2 Henriques, Diana B. (March 11, 2009). "Madoff Lawyer Absorbs Part of the Rage". The New York Times.
  3. 1 2 3 4 Smith, Randall, "Wall Street Mystery Features a Big Board Rival", The Wall Street Journal, December 16, 1992
  4. 1 2 3 Moyer, Liz (December 23, 2008). "Could SEC Have Stopped Madoff Scam In 1992?". Forbes . Archived from the original on February 1, 2009. Retrieved December 24, 2008.
  5. 1 2 3 "Sun Sentinel exclusive: Former Madoff associate Michael Bienes breaks his silence -South Florida Sun-Sentinel.com". Archived from the original on 2009-04-26. Retrieved 2009-03-22.
  6. Linda Chatman Thomsen, "Testimony of Linda Chatman Thomsen (SEC Division of Enforcement) Before Congress" Archived 2010-12-04 at the Wayback Machine , Tuesday, January 27, 2009
  7. "Item: Preliminary Injunction and Other Equitable Relief Issued Against Telfran Associates Ltd., Telfran Associastes Corp, Steven Mendelow and Edward Glantz", SEC News Digest, December 11, 1992
  8. Wayne, Leslie; Rashbaum, William K. (March 12, 2009). "Investigation Into Madoff Fraud Turns to a Small Circle of Accountants". The New York Times. Retrieved May 5, 2010.