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Federal Judge to Hear Conflict Claims in Madoff Case

Mark Hamblett

New York Law Journal

March 04, 2009

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A hearing is scheduled for today on the claim of federal prosecutors that the attorney for Bernard Madoff, Ira Sorkin of Dickstein Shapiro, is laboring under a conflict of interest in his representation of the accused operator of a multibillion-dollar Ponzi scheme.

Southern District of New York Judge Leonard Sand will hear from both sides on whether there is an actual conflict. If he finds one, he will then go on to inquire whether Madoff would waive any rights to claim the conflict affected the quality of his defense.

It has been reported that one alleged conflict is that Sorkin represented two accountants in a 1992 case brought by the Securities and Exchange Commission. The accountants were later linked to Madoff.

Another reason for the hearing is that Sorkin's name was on a list of more than 13,000 client accounts in the bankruptcy filing of Bernard L. Madoff Securities.

Sorkin told the New York Law Journal last month that the account referred to in the bankruptcy filing belonged to his late father and then his mother.

The reason Sorkin's name appeared on the list was that his mother's mail was sent to his house for several years.

"There is no conflict because I was never a client, customer or had any beneficial interest in an account at the Madoff firm," he said.

For more coverage on the Madoff case, visit Law.com's Madoff Watch.

 



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