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1 smb Doc Filed 03/16/18 Entered 03/16/18 17:07:30 Main Document Pg 1 of 3 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 (SMB) SIPA Liquidation (Substantively Consolidated) In re: Defendant. BERNARD L. MADOFF, Debtor. DECLARATION OF VINEET SEHGAL IN SUPPORT OF THE TRUSTEE S FOURTEENTH OMNIBUS MOTION TO DISALLOW CLAIMS AND OVERRULE OBJECTIONS OF CLAIMANTS WHO HAVE NO NET EQUITY 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. 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 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
2 smb Doc Filed 03/16/18 Entered 03/16/18 17:07:30 Main Document Pg 2 of 3 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 Fourteenth Omnibus Motion to Disallow Claims and Overrule Objections of Claimants Who Have No Net Equity (the Motion ) 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. I make this Declaration to verify to the Court that, as consultant to the Trustee and claims agent in the above-captioned case, after conducting a diligent review of BLMIS books and records, we have identified eighteen (18) Objections, which dispute the Trustee s Net Investment Method, the Inter-Account Method and/or request a Time-Based Damages Adjustment or Tax- Based Adjustment. The Objections are in alphabetical order on Exhibit A as well as in BLMIS account number order on Exhibit B. 1 Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Motion
3 smb Doc Filed 03/16/18 Entered 03/16/18 17:07:30 Main Document Pg 3 of 3 and correct. Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true Executed on March 14, 2018 New York, New York Vineet Sehgal Managing Director AlixPartners, LLP 909 Third Avenue New York, New York
4 smb Doc Filed 03/16/18 Entered 03/16/18 17:07:30 Exhibit A Pg 1 of 2 IN RE: BLMIS. CASE NO: (SMB) FOURTEENTH OMNIBUS MOTION: EXHIBIT A CLAIMS AND OBJECTIONS Objection Party Claim Counsel Abel Kowalsky Pro Se Filing Account Name Millennium Trust Company, LLC FBO Abel Kowalsky (044469) Alex Sirotkin Pro Se Filing Alexander Sirotkin 1S0102 Arlene Turbi Smilow Pro Se Filing Turbi Smilow 1S0329 Barbara A. Sirotkin, Esq Pro Se Filing Barbara Sirotkin 1S0513 Bertha Berkowitz I/T/F Calvin Berkowitz Pro Se Filing Bertha Berkowitz I/T/F Calvin Berkowitz 1ZA224 Calvin Berkowitz and Bertha Berkowitz ITF Peretz Berkowitz Account 1ZR269 Beth P Feldman As Trustee Beth P Feldman As Trustee Beth P Feldman As Trustee Beth P Feldman As Trustee Pro Se Filing Calvin Berkowitz and Bertha Berkowitz 1ZA222 Calvin Berkowitz I/T/F Bertha Berkowitz Pro Se Filing Calvin Berkowitz I/T/F Bertha Berkowitz 1ZA225 Deborah Kaye Lax & Neville, LLP Deborah Kaye 1ZA364 Debra Brown Debra Brown 1B0195 Dr Leon I Fink MD Retirement Trust Pro Se Filing Dr Leon I Fink MD Retirement Trust 1ZA357 JIR Enterprises LLC Lax & Neville, LLP JIR Enterprises LLC 1J0060 John F Rosenthal John F Rosenthal 1CM162 Karl Drobitsky Lax & Neville, LLP Karl Drobitsky 1D0050 Leon I & Mikki L Fink Family Trust Pro Se Filing Leon I & Mikki L Fink Family Trust 1ZA355 NTC & CO. FBO Helen Schupak (093010) Pro Se Filing Millennium Trust Company, LLC FBO Helen Schupak (093010) NTC & CO. FBO Leon Fink Pro Se Filing Millennium Trust Company, LLC FBO Leon Fink (26908) 1ZR030 Roger Williams, Executor of the Estate of Barbara L. Laird PA Profit Sharing Plan, Mark S. Feldman 1ZR Lax & Neville, LLP Barbara L Laird 1ZA Feldman Rous Grodin Epstein MD PA Prof Shar Plan 6/25/82 1F0005
5 Objection Party PA Profit Sharing Plan, Mark S. Feldman smb Doc Filed 03/16/18 Entered 03/16/18 17:07:30 Exhibit A Pg 2 of 2 Claim Counsel Account Name Feldman Rous Grodin Epstein MD PA Prof Shar Plan 6/25/82 Account 1F
6 smb Doc Filed 03/16/18 Entered 03/16/18 17:07:30 Exhibit B Pg 1 of 2 IN RE: BLMIS. CASE NO: (SMB) FOURTEENTH OMNIBUS MOTION: EXHIBIT B CLAIMS AND OBJECTIONS Claim Objection Party Account Name Account Counsel Date of Objection Debra Brown Debra Brown 1B0195 7/19/ John F Rosenthal John F Rosenthal 1CM162 3/24/ Karl Drobitsky Karl Drobitsky 1D0050 Lax & Neville, LLP 7/20/ PA Profit Sharing Plan, Mark S. Feldman Feldman Rous Grodin Epstein MD PA Prof Shar Plan 6/25/82 1F0005 7/14/ PA Profit Sharing Plan, Mark S. Feldman Feldman Rous Grodin Epstein MD PA Prof Shar Plan 6/25/82 1F0005 7/14/ JIR Enterprises LLC JIR Enterprises LLC 1J0060 Lax & Neville, LLP 6/24/ Alex Sirotkin Alexander Sirotkin 1S0102 Pro Se Filing 5/28/ Arlene Turbi Smilow Turbi Smilow 1S0329 Pro Se Filing 6/14/ Barbara A. Sirotkin, Esq. Barbara Sirotkin 1S0513 Pro Se Filing 11/1/ Calvin Berkowitz and Bertha Berkowitz ITF Peretz Berkowitz Calvin Berkowitz and Bertha Berkowitz 1ZA222 Pro Se Filing 11/17/2009
7 Claim smb Doc Filed 03/16/18 Entered 03/16/18 17:07:30 Exhibit B Pg 2 of 2 Objection Party Account Name Account Counsel Date of Objection Bertha Berkowitz I/T/F Calvin Berkowitz Calvin Berkowitz I/T/F Bertha Berkowitz Bertha Berkowitz I/T/F Calvin Berkowitz Calvin Berkowitz I/T/F Bertha Berkowitz 1ZA224 Pro Se Filing 11/17/2009 1ZA225 Pro Se Filing 11/17/ Leon I & Mikki L Fink Family Trust Leon I & Mikki L Fink Family Trust 1ZA355 Pro Se Filing 11/13/ Dr Leon I Fink MD Retirement Trust Dr Leon I Fink MD Retirement Trust 1ZA357 Pro Se Filing 11/13/ Deborah Kaye Deborah Kaye 1ZA364 Lax & Neville, LLP 7/6/ Roger Williams, Executor of the Estate of Barbara L. Laird Barbara L Laird 1ZA365 Lax & Neville, LLP 6/25/ NTC & CO. FBO Leon Fink Abel Kowalsky Millennium Trust Company, LLC FBO Leon Fink (26908) Millennium Trust Company, LLC FBO Abel Kowalsky (044469) 1ZR030 Pro Se Filing 11/13/2009 1ZR269 Pro Se Filing 2/8/ NTC & CO. FBO Helen Schupak (093010) Millennium Trust Company, LLC FBO Helen Schupak (093010) 1ZR331 Pro Se Filing 1/20/
smb Doc Filed 08/30/18 Entered 08/30/18 16:14:36 Main Document Pg 1 of 10
Pg 1 of 10 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES INVESTOR PROTECTION CORPORATION, v. Plaintiff, BERNARD L. MADOFF INVESTMENT SECURITIES LLC, Adv. Pro. No. 08-01789 (SMB)
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