08-01789-smb Doc 16033 Filed 05/19/17 Entered 05/19/17 16:34:28 Main Document Pg 1 of 5 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES INVESTOR PROTECTION CORPORATION, Plaintiff-Applicant, v. BERNARD L. MADOFF INVESTMENT SECURITIES LLC, Adv. Pro. No. 08-01789 (SMB) SIPA Liquidation (Substantively Consolidated) In re: Defendant. BERNARD L. MADOFF, Debtor. DECLARATION OF VINEET SEHGAL IN SUPPORT OF THE TRUSTEE S MOTION AND MEMORANDUM OF LAW TO AFFIRM HIS DETERMINATIONS DENYING CLAIMS OF CLAIMANTS HOLDING INTERESTS IN JEFFREY SCHAFFER DONNA SCHAFFER JOINT TENANCY AND STANLEY I. LEHRER AND STUART M. STEIN JOINT TENANCY I, Vineet Sehgal, pursuant to 28 U.S.C. 1746, declare as follows: 1. I am a Managing Director at AlixPartners LLP ( AlixPartners ), a consultant to, and claims agent for, Irving H. Picard as trustee (the Trustee ) for the substantively consolidated liquidation of the business of Bernard L. Madoff Investment Securities ( BLMIS ) and Bernard L. Madoff ( Madoff ). 2. In December, 2008, AlixPartners was retained by the Trustee as the Trustee s claims agent. As the claims agent, AlixPartners was responsible for both mailing the notice of the liquidation and claim forms to potential claimants and causing the notice of the liquidation to be published. AlixPartners has also been responsible for processing all claims submitted to the Trustee and assisting the Trustee in reviewing each customer claim filed to determine
08-01789-smb Doc 16033 Filed 05/19/17 Entered 05/19/17 16:34:28 Main Document Pg 2 of 5 whether the asserted claim amount agrees with the net equity for that account. In addition, as the accountants for the BLMIS estate, AlixPartners has assisted and continues to assist the Trustee in accounting for the assets of the BLMIS estate, including the cash and cash equivalents available to the Trustee. 3. I have been actively involved in the liquidation of BLMIS and the claims process since December 2008 and have personal knowledge of the matters set forth herein. 4. I submit this declaration based upon the information and knowledge acquired during the course of my retention and in support of the Trustee s Motion and Memorandum to Affirm His Determinations Denying Claims of Claimants Holding Interests in Jeffrey Schaffer Donna Schaffer Joint Tenancy and Stanley I. Lehrer and Stuart M. Stein Joint Tenancy (the Motion ). 5. At the Trustee s direction, my colleagues at AlixPartners and I have reviewed the books and records of BLMIS. During the course of my involvement in this matter, I have personally reviewed thousands of documents, as well as schedules prepared and information collected by my colleagues, relating to the books and records of BLMIS, third party records, bank records and other documentation relevant to BLMIS and its customer accounts and information systems. I have reviewed the books and records of BLMIS and the customer claims filed, analyzing the cash deposit activity, cash withdrawal activity, and transfers between accounts. 6. For purposes of the Motion, the Trustee selected two BLMIS accounts: 1L0013 held by Stanley I. Lehrer and Stuart M. Stein J/T WROS (the Lehrer Stein Joint Tenancy ), and 1ZA401 held by Jeffrey Schaffer Donna Schaffer JT WROS (the Schaffer Joint Tenancy, collectively, the Joint Tenancies ) which accounts (the Accounts ) are listed on Exhibit 1. 2
08-01789-smb Doc 16033 Filed 05/19/17 Entered 05/19/17 16:34:28 Main Document Pg 3 of 5 7. At the request of the Trustee, my colleagues at AlixPartners and I engaged in a review of the claims and other information provided by the Objecting Claimants to determine the account of which the Objecting Claimants were claiming to have invested. 8. If an Objecting Claimant failed to provide a BLMIS account number, my colleagues at AlixPartners and I reviewed the claim and any supplemental information attached to the claim form. The supplemental information may have included account statements, corporate formation documents, or other Objecting Claimants explanations concerning their exposure to BLMIS. The objections filed by Objecting Claimants generally also mention one of the Joint Tenancies. The results of that review are set out on Exhibits 2 and 3. 9. Each of the Objecting Claimants bases his or her customer claim on the Objecting Claimant s relationship to one of the Joint Tenancies and its Account. Each Objecting Claimant s claim seeks a portion of the same money that was also claimed by the Joint Tenancy. 10. On the attached Exhibit 1, the fifth column displays the number of docketed objections filed by Objecting Claimants that AlixPartners was able to correlate to one of the Accounts. 11. Exhibit 2 provides a list of the 3 claims and 4 objections filed by Objecting Claimants who claim to hold an interest in one or more of the Joint Tenancies and that have outstanding objections to the Trustee s determination of their claims. Exhibit 2 also identifies the Objecting Claimants claim numbers, the docket numbers of the objections as filed with the Court, the lawyers originally representing the Objecting Claimants, the account-holding Joint Tenancy to which the Objecting Claimants claim a right, and the Joint Tenancy Account 3
08-01789-smb Doc 16033 Filed 05/19/17 Entered 05/19/17 16:34:28 Main Document Pg 4 of 5 number. Each of the claims identified on Exhibit 2 was denied by the Trustee on the grounds that the Objecting Claimants lacked accounts with BLMIS and were not customers of BLMIS. 12. Exhibit 3 provides additional information for the same claims set out in Exhibit 2, including the date and results of the Trustee s claim determinations, and the date each objection was filed. 13. Each of the Joint Tenancies filed a direct claim related to its Account seeking a distribution from the fund of customer property for its Account. 14. Letters of determination were sent to each of the Lehrer Stein Joint Tenancy and the Schaffer Joint Tenancy denying their customer claims on the ground that they were net winners, i.e., that each had withdrawn more money from its BLMIS Account than had been deposited. 15. Attached hereto as Exhibit 4 is a true and correct copy of the BLMIS customer file for the Schaffer Joint Tenancy. 16. Attached hereto as Exhibit 5 is a true and correct copy of claim 100401, filed with the Trustee by Donna Schaffer. 17. Attached hereto as Exhibit 6 is a true and correct copy of claim 100398, filed with the Trustee by Jeffrey Schaffer. 18. Attached hereto as Exhibit 7 is a true and correct copy of the BLMIS customer file for the Lehrer Stein Joint Tenancy. 1 19. Attached hereto as Exhibit 8 is a true and correct copy of claim 011552, filed with the Trustee by the Elaine Stein Roberts IRA. 1 Exhibit 7 is comprised of two separate document ranges, both of which contain portions of the customer file for BLMIS 1L0013: AMF00124140-412 and MADTBB01990453-526. 4
08-01789-smb Doc 16033 Filed 05/19/17 Entered 05/19/17 16:34:28 Main Document Pg 5 of 5 20. The Accounts were in the names of their respective Joint Tenancy, not the Objecting Claimants, as detailed on Exhibit 1 attached hereto. The books and records of BLMIS do not reflect individual deposits or withdrawals by the Objecting Claimants. The amounts that the Objecting Claimants allege are owed to them are not discernable from the books and records of BLMIS. Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on May 19, 2017 Vineet Sehgal Managing Director AlixPartners, LLP 909 Third Avenue New York, New York 10022 5
08-01789-smb Doc 16033-1 Filed 05/19/17 Entered 05/19/17 16:34:28 Exhibit 1 Pg 1 of 1 EXHIBIT 1 ACCOUNT-HOLDING JOINT TENANT Joint Tenant With An Account At Bernard L. Madoff Investment Securities LLC ( BLMIS ) Joint Tenant BLMIS Account Name Joint Tenant Name Joint Tenant BLMIS Account Number Claim Filed By Joint Tenant Outstanding Docketed Objections From Investors In the Joint Tenant Outstanding Claims of Investors in the Joint Tenant Stanley I Lehrer & Stuart M Stein J/T WROS Jeffrey Schaffer, Donna Schaffer JT WROS 1 Stanley I Lehrer & Stuart M Stein J/T WROS Jeffrey Schaffer, Donna Schaffer JT WROS 1L0013 Yes (004003) 1 1 1ZA401 Yes (011600 and 011773) 3 2 4 3 1. The Motion seeks to overrule those portions of objection dockets 1027 and 2138 related to claims 011600 and 011773, filed by the Jeffrey Schaffer, Donna Schaffer JT WROS, only insofar as they seek customer status for the Objecting Claimants. 1
08-01789-smb Doc 16033-2 Filed 05/19/17 Entered 05/19/17 16:34:28 Exhibit 2 Pg 1 of 1 EXHIBIT 2 OBJECTING CLAIMANTS List Of Claimants Invested In The Joint Tenants Identified In Exhibit 1 With Outstanding Objections To The Trustee s Determination of Claim Objection Party Claim Number Objection To Determination Docket Number Counsel Joint Tenant Invested In Joint Tenant BLMIS Account Number Elaine Stein Roberts IRA 011552 3235 SNR Denton US LLP Stanley I Lehrer & Stuart M Stein J/T WROS 1L0013 Jeffrey Schaffer & Donna Schaffer JT WROS N/A 1027 1 Phillips Nizer LLP N/A 1ZA401 Jeffrey Schaffer & Donna Schaffer JT WROS N/A 1027 1 Phillips Nizer LLP N/A 1ZA401 Donna Schaffer 100401 3188 Becker & Poliakoff, LLP Jeffrey Schaffer, Donna Schaffer JT WROS 1ZA401 Jeffrey Schaffer 100398 3188 Becker & Poliakoff, LLP Jeffrey Schaffer, Donna Schaffer JT WROS 1ZA401 Jeffrey Schaffer and Donna Schaffer N/A 2138 1 Becker & Poliakoff, LLP N/A 1ZA401 Jeffrey Schaffer and Donna Schaffer N/A 2138 1 Becker & Poliakoff, LLP N/A 1ZA401 1 The Motion seeks to overrule those portions of objection dockets 1027 and 2138 related to claims 011600 and 011773, filed by the Jeffrey Schaffer, Donna Schaffer JT WROS, only insofar as they seek customer status for the Objecting Claimants.
08-01789-smb Doc 16033-3 Filed 05/19/17 Entered 05/19/17 16:34:28 Exhibit 3 Pg 1 of 1 EXHIBIT 3 OBJECTION DETAILS Further Details of Outstanding Objections From Claimants Invested In The Joint Tenants Identified In Exhibit 1 Claim Number Objection Party Joint Tenant 011552 Elaine Stein Roberts 100398 Jeffrey Schaffer 100401 Donna Schaffer N/A N/A N/A N/A Jeffrey Schaffer & Donna Schaffer JT WROS Jeffrey Schaffer & Donna Schaffer JT WROS Jeffrey Schaffer and Donna Schaffer Jeffrey Schaffer and Donna Schaffer Stanley I Lehrer & Stuart M Stein J/T WROS Jeffrey Schaffer, Donna Schaffer JT WROS Jeffrey Schaffer, Donna Schaffer JT WROS N/A N/A N/A N/A Joint Tenant BLMIS Account Number 1L0013 1ZA401 1ZA401 1ZA401 1ZA401 1ZA401 1ZA401 Determination Status Claim for securities and/or credit balance denied (10/22/2010). Claim for securities and/or credit balance denied (11/05/2010). Claim for securities and/or credit balance denied (11/05/2010). Claim for securities and/or credit balance denied (03/15/2010). Claim for securities and/or credit balance denied (03/15/2010). Claim for securities and/or credit balance denied (03/15/2010). Claim for securities and/or credit balance denied (03/15/2010). Objection To Determination Docket Number Date of Objection 3235 11/22/2010 3188 11/17/2010 3188 11/17/2010 1027 1 11/30/2009 1027 1 11/30/2009 2138 1 4/6/2010 2138 1 4/6/2010 1 The Motion seeks to overrule those portions of objection dockets 1027 and 2138 related to claims 011600 and 011773, filed by the Jeffrey Schaffer, Donna Schaffer JT WROS, only insofar as they seek customer status for the Objecting Claimants.
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08-01789-smb Doc 16033-7 Filed 05/19/17 Entered 05/19/17 16:34:28 Exhibit 7 Pg 1 of 1 Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities LLC In re: Bernard L. Madoff Investment Securities and Bernard L. Madoff, Debtors Case No. 08-01789 (SMB) SIPA Liquidation (Substantively Consolidated) Exhibit 7 to the Declaration of Vineet Sehgal is available for review upon written or telephonic request to: Baker & Hostetler LLP 45 Rockefeller Plaza New York, NY 10111 Attn: Stephanie Ackerman, Esq. Tel: (212) 847-2851 Email: sackerman@bakerlaw.com
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