Karen E. Wagner , Davis Polk & Wardwell LLP, New York, NY, ( Brian S. Weinstein , Jonathan D. Martin , on the brief), for Appellants Sterling Equities Associates, Arthur Friedman, David Katz, Gregory Katz, Michael Katz, Saul Katz, L. Thomas Osterman, Marvin Tepper, Fred Wilpon, Jeff Wilpon, Richard Wilpon, Mets Limited Partnership.
Daniel M. Glosband , Goodwin Procter LLP, Boston, MA ( Larkin M. Morton , Goodwin Procter LLP, New York, NY, on the brief) for Appellants Jeffrey A. Berman, et al.
Chryssa V. Valletta , Phillips Nizer LLP, New York, NY, for Appellants Herbert Barbanel, Alice Barbanel.
Josephine Wang , General Counsel, Securities Investor Protection Corporation, Washington, DC ( Kevin H. Bell , Senior Associate General Counsel for Dispute Resolution, Christopher H. Larosa , Associate General Counsel, Lauren Attard , Staff Attorney, on the brief), for Appellee Securities Investor Protection Corporation.
David J. Sheehan , Baker Hostetler LLP, New York, NY, ( Thomas D. Warren , Wendy J. Gibson , Seanna R. Brown , on the brief), for Appellee Irving H. Picard, as Trustee for the Substantively Consolidated Securities Investor Protection Act Liquidation of Bernard L. Madoff Investment Securities LLC and Bernard L. Madoff.
Before: JACOBS, Chief Judge, LEVAL and RAGGI, Circuit Judges.
United States Court of Appeals, Second Circuit.
DENNIS JACOBS, Chief Judge:
In the aftermath of a colossal Ponzi scheme conducted by Bernard Madoff over a period of years, Irving H. Picard has been appointed, pursuant to the Securities Investor Protection Act, 15 U.S.C. § 78aaa et seq. ("SIPA"), as Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, id. § 78eee(b)(3). Pursuant to SIPA, Mr. Picard has the general powers of a bankruptcy trustee, as well as additional...
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