Judge Bars Madoff Fraud Claims Against Santander

Jun 6 2012 | 10:12am ET

A U.S. judge has tossed several claims against Spain's Banco Santander over Bernard Madoff feeder funds run by its hedge fund unit, Optimal Investment Management.

U.S. District Judge Shira Scheindlin in New York ruled that a two-year-old Supreme Court decision bars the effort to recover losses on the Optimal Strategic U.S. Equity Fund. The Supreme Court ruling, National Australia Bank v. Morrison, bars federal securities fraud lawsuits covering foreign securities traded abroad.

Optimal investors argued that because Madoff claimed to trade on the New York Stock Exchange, their investments should be protected. The only problem, according to Scheindlin, is that Madoff never actually made the trades. Therefore, the lawsuits "failed to overcome the presumption against the extraterritorial reach" of U.S. securities laws.

Scheindlin did allow the investors to continue to pursue other fraud and negligent misrepresentation claims against Santander and Optimal.

Investors in the Optimal fund, which had all of its money with Madoff, lost some US$3.1 billion in the fraud. Santander three years ago offered US$1.82 billion to investors to settle the matter.


In Depth

GSAM's Papagiannis: Liquid Alternatives For The Long Run

Apr 21 2017 | 8:44pm ET

Interest in liquid alternatives cooled a bit last year amid a broad shift in investor...

Lifestyle

Aston Martin Returns To Debt Market As DB11 Drives Turnaround

Mar 31 2017 | 5:21pm ET

James Bond’s preferred carmaker is returning to the public debt markets for the...

Guest Contributor

Debunking Conventional Investment Wisdom (Part II)

Apr 17 2017 | 5:56pm ET

The alternative investment industry is currently replete with buzzwords around data...

 

From the current issue of