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MLSMK INV. CO. v. JP MORGAN CHASE & CO.

Docket No. 10-3040-cv.

651 F.3d 268 (2011)

MLSMK INVESTMENT COMPANY, Plaintiff-Appellant, v. JP MORGAN CHASE & CO., JP Morgan Chase Bank, NA, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Final Submission: June 10, 2011.

Decided: July 7, 2011.

Attorney(s) appearing for the Case

Howard Kleinhendler, Wachtel & Masyr, LLP ( Julian D. Schreibman,   Sara G. Spiegelman, of counsel), New York, NY, for Plaintiff-Appellant.

Patricia M. Hynes, Allen & Overy LLP ( Andrew Rhys Davies,   Laura R. Hall, of counsel), New York, NY, for Defendants-Appellees.

Before: McLAUGHLIN, POOLER, and SACK, Circuit Judges.

SACK, Circuit Judge:

This case arises out of the massive and now infamous Ponzi scheme1 perpetrated by Bernard L. Madoff, which culminated abruptly with his arrest in December 2008 but whose aftershocks continue.

Between October and December 2008, the plaintiff, MLSMK Investment Company ("MLSMK"), invested $12.8 million with Madoff's investment company, Bernard L. Madoff Investment Securities ("BMIS"). The defendants, JP Morgan...

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