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BAER v. U.S.

No. 12-1319.

722 F.3d 168 (2013)

Stanley BAER: Jesse L. Cohen; Alan Roth; Elaine Ruth Schaffer; Lenore H. Schupak, Appellants, v. The UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Filed July 1, 2013.

Attorney(s) appearing for the Case

Helen D. Chaitman [Argued], Becker & Poliakoff, New York, NY, Attorney for the Appellants.

Stuart F. Delery , Paul J. Fishman , Mark B. Stern , Lindsey Powell [Argued], U.S. Department of Justice, Washington, DC, Attorneys for the Appellee.

Before: HARDIMAN and ALDISERT, Circuit Judges, and STARK, District Judge.

OPINION OF THE COURT

STARK, District Judge.

This case arises from the well-known Ponzi scheme operated by Bernard L. Madoff. Plaintiffs-Appellants Stanley Baer, Jesse L. Cohen, Alan Roth, Elaine Ruth Schaffer, and Lenore H. Schupak ("Appellants") were customers of Bernard L. Madoff Investment Securities LLC ("BLMIS"). On March 7, 2011, Appellants brought suit against the United States under the Federal Tort Claims...

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