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King, Malkovich among Madoff investor list names
Securities | 2009/02/06 08:46
Larry King and John Malkovich were among the thousands of names listed as clients who invested with Bernard Madoff.


The list was made public Wednesday in a court filing in U.S. Bankruptcy Court in Manhattan. It supplied a handful of bold-faced names that further evidenced the reach into the entertainment world of Madoff's alleged Ponzi scheme.

Larry King's spokesman, Howard Rubenstein, said the CNN host suffered "not substantial losses." Rubenstein declined to answer further questions on King's investments with Madoff.

Managers for Malkovich, whose films include "Dangerous Liaisons" and "In the Line of Fire," didn't return messages left Thursday.

Prosecutors say Madoff admits he lost more than $50 billion belonging to investors. Defense lawyers say he has cooperated with authorities to help identify assets.

The list — compiled by AlixPartners LLP, a Dallas company hired as claims agent by the trustee overseeing the liquidation of Bernard L. Madoff Investment Securities LLC — wasn't necessarily comprehensive since some may have invested through an intermediary investment firm.



Franken asks Minn. court to put him in Senate now
Political and Legal | 2009/02/06 08:45
Lawyers for Democrat Al Franken told Minnesota's highest court Thursday that he should be certified as the winner of his tight Senate race with Republican Norm Coleman without waiting for the outcome of his rival's legal challenge.


The Minnesota Supreme Court heard oral arguments on Franken's request for a certificate of election now, at least on an interim basis, so that Minnesota's empty seat can be filled without waiting the months it may take for the courts to resolve Coleman's separate lawsuit over the recount, which gave Franken a 225-vote advantage.

The justices took the case under advisement and didn't say when they might rule, but their many questions suggested they were skeptical of Franken's arguments.

GOP Gov. Tim Pawlenty and Democratic Secretary of State Mark Ritchie have rejected Franken's demand for the certificate, which he would need under Senate rules to take the seat Coleman had to vacate early last month as the new Congress convened.

Franken lawyer Marc Elias told the court Thursday that citizens are being deprived of their right to have two senators as Congress decides critical questions. He suggested that Minnesota was obligated under the Constitution and federal statutes to have two senators in place when Congress convened early last month.



Disgraced Pakistan nuke scientist freed by court
International | 2009/02/06 04:44
Abdul Qadeer Khan, the scientist who helped Pakistan develop nuclear weapons and allegedly leaked atomic secrets to North Korea, Iran and Libya, was freed from years of de facto house arrest Friday by a high court ruling.


A smiling Khan emerged from his house and addressed reporters face-to-face for the first time since 2004 but indicated he would not be talking about Pakistan's secretive atomic program or about who was involved in leaking its secrets around the world.

"We don't want to talk about the past things," he said as the guards who have enforced his long isolation stood aside for a throng of TV crews and journalists.

Khan, the architect of Pakistan's nuclear program, took sole responsibility in 2004 for leaking the nuclear secrets but was immediately pardoned by former President Pervez Musharraf and placed under de facto house arrest. The government insists neither it nor the Pakistani military was aware of his activities.

The 72-year-old scientist, who has suffered a string of illnesses, began agitating for an end to the restrictions after last year's ouster of Musharraf. Over the past year, he has been allowed to occasionally meet friends outside his house and has often spoken to reporters over the phone.



NJ Supreme Court chews over case of inflatable rat
Court Watch | 2009/02/06 02:47
The New Jersey Supreme Court is expected to decide whether a 10-foot inflatable rodent has rights.


The pink-eyed giant rat appears at union protests around the state. The case has pitted a local of the International Brotherhood of Electrical Workers against a central New Jersey town, and a ruling is expected Thursday.

Lawrence Township fined the union for using the rat in a 2005 protest. The township says the union violated an ordinance against balloons and other inflatable signs.

Union lawyers argue the law violates their right to free expression and suppresses protest.

The township claims the union's use of the rat is a form of commercial speech and is less deserving of First Amendment protections.



Head of Supreme Court worries about 'partisanship'
Law Center | 2009/02/05 08:26
U.S. Supreme Court Chief Justice John Roberts said he is troubled by the increasingly politicized nature of the Senate judicial confirmation process.


During a question-and-answer session Wednesday after an address at the University of Arizona's law school, Roberts was asked whether growing partisanship in the confirmation process poses a significant threat to the independence of the judiciary.

"The courts as a whole are very concerned about partisanship, politicization, seeping into the judicial branch," he said.

Roberts said he thought he was treated fairly during his confirmation hearings, receiving "significant support from both sides of the aisle. But that's not always the case, and what do we do about it?

"I think we need to have a broader recognition that we are not part of the political process, that we are not representatives of either an administration or a confirming Senate on the court," Roberts added. "Your perspective on everything changes the moment you take the judicial oath."

Roberts' lecture focused on his predecessor, the late Chief Justice William Rehnquist.

Roberts called Rehnquist one of the two or three most significant Supreme Court chief justices in history — responsible for a "seismic shift" away from political science and public policy "to the more solid grounds of legal arguments" in case presentations before the court.

"Today, for the first time in its history, every member of the court was a federal court of appeals judge before joining the court — a more legal perspective and less of a policy perspective," Roberts said.

Roberts was named to the high court in September 2005 to succeed Rehnquist. He gave the college's third annual Rehnquist Center Lecture.

Roberts said that during Rehnquist's 33-year tenure on the Supreme Court, he argued 39 cases before him. "Each of those arguments was a lesson, sometimes a hard one in lawyering," he said.



NY court document reveals names of Madoff clients
Breaking Legal News | 2009/02/05 08:26
The names of several thousand clients who lost money investing with Bernard Madoff have been released in a court filing that reads like a Who's Who: former Los Angeles Dodgers pitcher Sandy Koufax, actor Kevin Bacon and even Madoff's defense lawyer.


The names, including those of Madoff's relatives, numerous celebrities, dead people and charitable institutions, are listed on a 162-page document filed late Wednesday in U.S. Bankruptcy Court in Manhattan.

Each page carries 84 single-spaced lines. Some investors are listed multiple times, presumably because they had multiple accounts.

The clients include prominent people and institutions that already have been publicly revealed, such as the Wilpon family, owner of the New York Mets. The amount each person or institution invested with Madoff isn't listed.

One client listed is Ira Sorkin, the attorney who is defending Madoff against charges he perpetrated the biggest financial fraud in history. Others include Madoff's wife, sons, brother and other relatives.

The list was compiled by AlixPartners LLP, a Dallas company hired as claims agent by the trustee overseeing the liquidation of Bernard L. Madoff Investment Securities LLC.

Prosecutors say Madoff has admitted he lost more than $50 billion belonging to investors. Defense lawyers say he has cooperated with authorities to help identify assets.

Madoff hasn't been indicted. He's being held under house arrest at his multimillion-dollar penthouse.



Banks could still find wiggle room in pay caps
Corporate Governance | 2009/02/05 08:25
The squeeze on big paydays for executives of bailed-out banks will probably leave Wall Street plenty of wiggle room. Consultants on executive pay say the caps imposed by President Barack Obama on Wednesday will probably apply only to a few executives - not star traders, brokers and salespeople who routinely earn whopping pay packages.


Others note Wall Street typically finds ways to exploit loopholes and figure this time will be no different.

"You've got a lot of people on Wall Street who are not executives but still make extremely big salaries," said Mark Borges, a principal at compensation consulting firm Compensia Inc. "I suspect this doesn't impact them at all."

The new rules require banks that receive "exceptional assistance" from the government to cap salaries, including cash bonuses, at $500,000 for senior executives.

If those firms wanted to pay their executives more, they would have to use stock that couldn't be sold until the bank had repaid the bailout money. The rules apply only to the future, not to banks that have already received bailout money.

Healthier banks that will receive bailout money technically would also face the $500,000 cap. But they could avoid it by providing full public disclosure and holding a nonbinding shareholder vote.

The White House is trying to stem rising public concern that financial firms are using billions in federal bailout dollars to pay for executive bonuses, corporate junkets and other perks.



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