in the circuit court of the 17th judicial circuit ......2013/03/05 · matthew carone, as trustee...

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO. 12-24051 (07) COMPLEX LITIGATION UNIT

MATTHEW CARONE, as Trustee for the Carone Marital Trust #2 UTD 1/26/00, Carone Gallery, Inc. Pension Trust, Carone FamilyTrust, Carone Marital Trust #1 UTD 1/26/00 and Matthew D. Carone Revocable Trust, JAMES JORDAN, as Trustee for the James A. Jordan Living Trust, ELAINE ZIFFER, an individual, and FESTUS AND IIELEN STACY FOUNDATION, INC., a Florida Corporation,

Plaintiffs, v.

MICHAEL D. SULLIVAN, individually,

Defendant.

NOTICE OF FILING INDIVIDUAL INVESTOR CORRESPONDENCE

Philip J. Von Kahle, as Conservator for P&S, General Partnership and S&P, General

Partnership, by and through counsel, hereby gives notice of filing the attached correspondence

from certain parties mailed to the office of the Honorable Jeffrey E. Streitfeld.

Respectfully submitted this 10 th day of May, 2013.

MESSANA, P.A. Attorneys for Conservator Post Office Drawer 2485 Fort Lauderdale, FL 33303 Telephone: 954-712-7400 Facsimile: 954-712-7401 e-mail: [email protected]

By: /s/ Thomas M. Messana Thomas M. Messana Florida Bar No. 991422 Brett D. Lieberman Florida Bar No. 69583

April 26,2013

RECEIVED mAY 88 2013

:CFFREY E STREtTFELD CIRCur JUDGE

The Honorable Judge Jeffrey D. Streitfeld

Broward County Courthouse

201 SE 6th Street, Room 920A

Fort Lauderdale, Florida 33307

Re: Bernard Madoff Investments I Call to Action

S & P and P 86 Associates, General Partnership

Dear Honorable Judge Jeffrey Streitfeld:

m writing to you today with regards to my children's college funds that were tied up in the I a Madoff Investments. Unfortunately, I had to make other arrangements to pay for their college

education and living expenses.

i oppose to paying any fees not d b authorizey the partnership and I would g

ll be lost on the

reatly appreciate for

the conservator to distribute proceeds as soon as possible so the funds won't a

unnecessary professional fees.

I am thanking you in advance for your consideration.

Sincerely

Redacted

C: Steven F. Jacob, CPA S&P and P&S Associates, General Partnerships

Redacted

April 27, 2012

The Honorable Judge Jeffrey D. Streitfeld Broward County Courthouse 201 SE 6th Street Room 920A Fort Lauderdale, FL 33307

Dear Judge Streitfeld :

MAY.

0 ? 2013 JEFFREY S1 PF FIFE

mew 1 , 1nr4

How wonderful that someone is finally willing to pay attention to this situation,

Considering the length of time that has gone by, it seems to me that it is time for the distribution of the general partnership funds of S & P and P&S associates to the rightful owners. The fees by the assigned conservator seem tremendously high to me.

Your prompt attention to this important matter will be deeply appreciated by all of us, I am sure. This has been devastating to those of us that lost everything in this horrible experience.

Redacted

May 3, 2013

The Honorable Judge Jeffrey D Streitfeld


201 SE Er Street

Room 920A


Re Call to Action — S&P and P&S

RECEiVED MAI 0 7 2013

JEFFREY E STREITFEL:' C.IRCIPT JUDGF

Dear Judge Streitfeld,

I appreciate the time and effort you are giving the matter regarding victims of this fraud.

I am 85 years of age and living on a fixed income. The money taken from me is my life savings. The

money I was counting on to live independent for as long as I am able and then to help care for me when I can no longer take care of myself.

The fees seem excessive for the amount of time set aside to distribute the funds.

Your prompt attention to this action will be greatly appreciated.

Respectfully

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RECEIVEE MAY 0 3 2013

JEFFREY E April 29, 2013

The Honorable Judge Jeffrey ft Streitfeld


201 SE 6 Ih Street, Room 920 A

Fort Lauderdale, FL 33307

Dear JudgeStreitfeld,

I am a partner in the partnership of S & P Associates, and have monies that are due me from the Madoff dispersement. As of right now, I have not received any compensation from that situation. That being the case, I oppose paying any fees not authorized by the partnership. I would like the conservator to distribute the proceeds from the funds belonging to the partnership as soon as possible, I do not want these funds to be lost on any unnecessary professional fees Essentially this would cause the partners and myself to be victimized by Madoff again.

Thank you for your attention to this matter .

RECUVED MAY Ci 1 2013

JEFFREY F STREiTFELL WWI ILIOGF

Redacted

April 27, 2013

The Honorable Judge Jeffery D. Streitfeld


201 SF 6 th Street, Room 920A

Fort Lauderdale, FL 33307

Re. S & P and P & S Associates

Dear Sir:

am a partner in the captioned partnership. |annrakingthjs opportunitymohnfornnyou thar| oppose paying any fees that have not been authorized by the partnership

Sincerely,

Redacted

April 23, 2013

The Honorable Judge Jeffrey D. Streitfeld Broward County Courthouse 201 SE 6th Street, Room 920A Fort Lauderdale, Florida 33307

Redacted

RECv.,::::„i

AFF 3 0 2113 JEFFRE\,, YREiTFELC-

CIRG(III '!IDGF

Sub: S&P General Partnership Fund Distribution; Madoff Victimization.

Dear and Honorable Judge Streitfeld:

We are writing to you, and the Court, with hearts in hand, as we appeal to you and your better nature, to please, please, favor us with a decision that will rightfully return some of our lifetime investment that we made in S&P, and lost in the Madoff tragedy.

As the payment of legal fees were being authorized by the Federal Bankruptcy Court to the Madoff Trustee and his firm, we, the victims, were feeling "victimized", again, with yet another failure to be heard by the Court as to our rightful claim to security investment insurance funds ( S1PC/ SEC). Now that there appears to be a partial settlement to S&P partners by the Trustee and The Federal Bankruptcy Court, we again find ourselves (partners, investors) having to assume exorbitant legal fees, just to distribute the funds to which we are entitled.

My wife and 1 are 74 and 75 years of age, have had our house on the very poor real estate market for 4 years ( my wife knows the market as she is still a full time Realtor in a very bad economy) and are in desperate need of the funds we invested in S&P, to make up for the shortfall, after our meager Social Security, and the scant earnings of my wife. We pray you and your wife/family never have to face the probability of bankruptcy as you achieve our age....it is frightening, indeed!!!

The Madoff tragedy is in it's 5} year of not being settled to anyone's satisfaction, and we suspect the grieving period for the victims will continue through another 5 years, at least, as their investments continue to be eroded by "opportunistic legal fees", and unnecessary delays in the legal system. As our only hope depends upon your decision as to the rightful distribution of the funds to S&P, we pray you will render an " amicable" decision, for the good of all.

Sincerely yours. Redacted

April 23, 2013

The Honorable Judge Jeffrey D. Streitfeld Broward County Courthouse 201 SE 6th Street Room 920A Fort Lauderdale, Florida 33307

RECE1v td) APR 3 0 2013

JEFFREY E STREITFEL CIRr',1)1 1 ir,cir

Dear Sir, As a partner of S&P Associates ( & a victim of Madoff fraud) I am riting to

urge you to distribute the funds available as soon as possible. In addition I have learned that the Conservator appointed in January has

applied for funds that have not been approved by our General Partner. To date the Conservator has not let any of us know what he is doing. Other than racking up billing hours he has done nothing to keep us informed.

As a net loser, it has not been easy for my wife and I. Your attention to this matter will be appreciated.

Sincerely .

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The Honorable Judge Jeffrey D. Streitfeld Broward County Courthouse 201 SE 69' Street, Room 920A Fort Lauderdale, Florida 33307

veD 2013

JEFFREY F STftEITFEL C. CIRCWT JUDGE Dear Judge Streitfeld,

I am one of the almost committed suicide victims of the Madoff fiasco. I invested my life savings in P & S

Associates, so that I could retire with some comfort. Now, at age 75, I have nothing, having lost it all in Madoff's Ponzi scheme.

Last year, I was informed that there was some kind of settlement, and that I would be receiving some

desperately needed income by the end of the year. Then, from nowhere, I started getting reams of legal

documents and lawyer and accountant letters stating that other people wanted to take over P & S and start lawsuits, etc. in the guise of getting more money for the partners.

I vehemently opposed this delay of the distribution, assuming that all that was going to happen was that new lawyers and accountants were going to deplete the agreed upon distribution.

My worst fears have now come true. It has come to my attention that the new-to-the case professionals want to deplete the distribution by more than a half a million dollars! My God, the distribution had

already been negotiated with Picard. All that was left to determine was the distribution method. Why is it necessary for these newly appeared professionals to take life-saving dollars out of my pocket?

Why????? I am told that not only are the fees exorbitant, but there is a question of whether they are authorized by the partnership. And, all this is happening after the victims have suffered so much. When is it going to end. Please, no more victim suffering. We've had enough.

I respectfully request that the Judge carefully review the exorbitant, and possibly, unauthorized fees that are being requested in this case, and that the distribution take place as soon as possible.

Your Honor, thank you for your consideration in this matter.

Redacted

APR 3 0 2013 JEFFREY E. STREITFEit

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April 23, 2013

From: Redacted

4pi , an3 JEFFREY E. STRECTFELe

CIRCUIT 11JPGF Re S&P/P&S Partnerships/Recovery of nds from Madoff crime

Your Honor,

My mother and I are individual partners in S&P Partners

As you know, a conservator was appointed by the court - with the express purpose of winding down the partnership and distiibuting all available funds to us, the partners, the ones who were victimized by Madoff in the first place

We recently learned that this conservator is requesting payment of $165,000 in "unauthorized fees" This amount is in addition to the $400,000 that he and his attorney anticipate receiving for their "services" as rendered over perhaps a year's time

These amounts seem excessive - especially since they would be paid out of the funds made available to provide partial restitution to the partners .

Your Honor, I implore you to consider the fact that we partners have been abused, cheated and altogether victimized since 2008, when this nightmare was uncovered. For many of us, our lives have changed irrevocably. Some, like my father, lost their lives because (in large part, I truly believe it) of the pressure and angst that this sordid business has caused. At this point, we want desperately to see this horrid episode come to a conclusion

With greatest respect, Judge Streitfield, I am writing to oppose the payment of any fees to the conservator that are not authorized by the partnership. Likewise. I am expressing my most earnest wish that all available funds/proceeds be distributed to the partners as soon as possible. My concern is that we victims would otherwise fall victim yet again.

Along with my mother, I thank you for your consideration with utmost sincerity .

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April 27, 2012

The Honorable Judge Jeffrey a Streitfeld Broward County Courthouse 201 SE 61h Street Room 920A Fort Lauderdale, FL 33307

r,,RECEIVED 2013

JEFFREY F. STREITFEL[, CiRCi

Dear Judge Streifeld:

Thank you for your interest.

In view of the extensive delay of the redistribution of General Partnership funds of S&P and P&S Associates to the rightful owners, the fees by the assigned Conservator seem excessive.

Enough is enough, distribution of monies to the rightful owners should be done immediately. Your prompt attention to this important matter will be deeply appreciated.

Sincerely.

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201 SE 6 th Street, Room 920A

Ft, Lauderdale, FL 33307

Dear Mr, Streitfeld:

RECEIVED APR 3 0 2013

JEFFREY E,STREITFEtr, CIRCUIT ItifYlr

I am contacting you in regards to the Five million dollars available to distribute to S & P partners and

additional funds that are expected from the Madoff Trustee in the future.

I am strongly opposed to paying any fees not authorized by the partnership ($1(5,000), and I wish the

conservator to distribute proceeds as soon as possible so the funds won't all be lost on unnecessary

professional fees. I feel that this would cause the partners who have been victimized by Madoff to be victimized again.

The conservator has presented a budget to you for 2013, requesting that he and his attorney receive

$400,000 for one year of service, These fees are outrageous, and I pray that you do not allow this money to be distributed for this purpose.

Sincerely,

Redacted

S & P Partner

Redacted

April 26, 2013

The Honorable Judge Jeffrey D. Streitfeld Broward County Courthouse 201 SE 6th Street, Room 920A Fort Lauderdale FL 33307

Dear sir:

RECEIVED APP 201:

JEFFREY £ STREITFELD CIRCUIT JUDGE

I invested $500,000 about ten years ago in the P & S Associates partnership. To date I have gotten back exactly zero. For your information, I would like to get back as great a fraction of this investment as possible.

I was recently informed by Steven Jacob that a conservator, recently appointed, would like to have almost $400.000 for his services. In case you are interested, this sum seems to me to be exorbitant.

Sincerely, Redacted

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Subject: S&P and P&S Attach Files

Arh "i 0 ,U13 JEFFREY E. STREITFELC,

CIRCUIT IUDGE

Plain Text

It seems to me that attys and others are doing NOTHING but draining off

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as much of the funds as possible. The judge must be able to see this

Please do whatever possible to distribute the funds a.s a p If more comes in at a later date,

then have two distributions. I believe this matter has gotten way out of hand.

In my thinking the only expenditure necessary in the future is postage.

LSE" Why wait for September'? V

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Broward county Courthouse

201 SE 6th Street, Room 920A


April 25, 2013

RE: S&P and P&S Associates General Partnerships

RECEiVin API(' 3 0 21113

JEFFREY E. STREITFELD CIRCUIT JUDGF

Dear Judge Jeffrey D Streitfeld:

As a partner with S&P and P&S Associates General Partnerships, I am a Madoff I am

writing to you to let you know that I am opposed to any fees not authorized by the partnership

to be paid to the conservator and his attorney. My wish is that the conservator distribute the

proceeds which are now available to the partners as soon as possible and by September, as

instructed by you. It is unfair and unjust for things to drag on and on so that the professionals

involved can make more of the money that is rightly ours

I thank you for your consideration in this manner,

Sincerely,

Redacted

Redacted

Attn: The Honorable Judge Jeffrey D Streitfeld Broward County Courthouse 201 SE 66 Street, Room 920A Fort Lauderdale, Florida 33307

Judge Streitfeld,

JEFFREY E. STEiTFELD CIRCfil r 111)(4-

The purpose of this letter is to express our opposition to more money to be given to professionals for unauthorized fees.

My husband and 1 are victims of the Madoff Ponzi fraud and are partners with S & P and P & S Associates, General Partnerships. We feel we were not only duped by Bernard Madoff, but feel we were initially drawn into investing our money after a not-completely honest presentation by Greg Powell, the brother of a friend and one of the original managing partners.

We were led to believe that there was nothing to worry about, that our money was being invested by this really sharp person in New York who knew the right time to buy or sell in the stock market. We were guaranteed an unbelievable percentage of interest on our money. In mid-year of 2008, we could not understand how, when we were receiving statements still revealing a high profit, everyone around was losing money.

My husband worked long hours at a paper mill, working shift work to earn his money. This loss of our anticipated retirement money has caused great hardship for our family and unnecessary stress. It has cost us a friendship that we are still trying to forget and move on, and I feel that the tremendous stress surrounding this Madoff fraud has contributed to a brain hemorrhage that I suffered the following year. I am fine now, but it could have been fatal.

Judge, please consider, if these professionals are given the staggering amount of money that they are requesting, money for unnecessary and unauthorized fees, money will be taken away from Madoff's victims, money that is rightfully theirs. Please don't let us be victims again.

Thank you for your consideration in this important matter.

Sincerely, Redacted

Redacted

April 25, 2013


APR 3 0 2013 JEFFREY E. STREiTFELC

CARD 3ii tur,r,F

Your Honor,

I have been informed by Mr. Steven F. Jacob, CPA, Managing General Partner of S&P that you are the judge supervising the distribution of funds to victims of the Madoff fraud. I am happy that theRedacted 1 redeem some of the money lost in this sad affair and that you have ordered that funds should be distributed by September 2013. Our investment with Madoff was what we had saved for the retirement of our missionary priests.

I share Mr. Jacob concern that the fees paid to the attorney is very high and would oppose paying any fees that are not authorized by the General Partnership. Please instruct the conservator to distribute the funds as soon as possible so that more money will not be lost in professional fees.

Thank you for your service of justice in this matter.

Your sincerely, Redacted

Redacted

April 25, 2013


RECEIVED APP 3 0 2013

JEFFREY E. STREITFELC CIRCUIT lunciF

Your Honor,

I take the liberty of writing to you as judge supervising the distribution of funds to victims of the Madoff fraud. As a Catholic priest and member of the Redacted ave been working in the missions in Brazil for thirty three years. I he money invested with Madoff through the P & S General Partnership was destined to help to continue that work. The loss caused by the Madoff fraud has hugely disrupted our mission. I am happy to learn that we will redeem some of that money and that you have ordered the distribution of funds by September 2013.

However Earn concerned about the volume of money being paid to lawyers and I oppose paying any fees not authorized by the General Partnership. Please instruct the conservator to distribute the funds as soon as possible so that more money will not be lost in further litigation.

Thank you for your service as custodian of justice.

Yours sincerely, Redacted

Redacted

April 25, 2013

The Honorable Judge Jeffrey D. Streitfeld Broward County Courthouse 201 S.F. 6th Street, Room 920A Fort Lauderdale, FL 33307

RECEPikD 4PR 0 2013

JEFFREY E. STREITFELD CIRCUIT RIDGF

RE: Distribution of Madoff Funds to Partners of S&P and P&S Associates

Dear Judge Streitfeld:

This letter is to state our concern and opposition to funds belonging to Partners being spent on unauthorized and unnecessary professional fees.

Also we understand funds are available now which belong to the Partnership and we ask for your decision to instruct the Conservator to distribute these funds as soon as possible so we are not victimized again by this most tragic loss.

We thank you for your consideration.

Sincerely,

Redacted

Redacted

4/30/13 1711111courts.org Mail - Horrrable Jeffrey Streffeld/Madoff investments

Redacted Sat, Apr 27, 2013 at 9:10 AM lo: Suzanne Tracy <[email protected]>

Dear Judge Streitfeld, I am writing concerning your hearing on Monday, April 29 concerning fees to be paid to the conservator appointed in the affairs of S&P and P&S partnerships. As a investor in SP&J which is a partner of S&P, I urge you to over see these charges to ensure that my husband and I don't yet again become victims by parties taking advantage and charging fees that are too generous. Please be aware that there are more victims than appear, due to the fact that as a partner of SP&J we do not receive any details as to what is going on with the partnership of S&P. I don't know how many partners are in SP&J. I only know about these activities due to a family member who is a partner in S&P. I can only pray that as this horrible mess concludes my husband and I might see a portion of the $ 235,000.00 that we invested in 2007. We worked in the food service industry for 30 years to saw this for our retirement. Many of us have no hope to ever make this savings again, please guard our hopes for recovery. With sincere thanks

Redacted

RECEIVED APR 3 0 2013

'Quoted text hidden] JEFFREY E STREiTFELL'

CIRCUIT itIOGF

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April 22, 2013

The Honorable Judge Jeffrey D. Streitfeld Broward County Courthouse 201 SE 6th Street, Room 920A Fort Lauderdale, FL 33307

Re S&P and P&S Associates, General Partnership

Dear Judge Streitfeid

RECEIVD

APR 2 5 2013 JEFFpEy E STREiTFELC

CIRCUIT iiinGF

I am a partner in S&P and P&S Associates, General Partnership (victims of the Madoff debacle). I understand that fees are being paid to Berger Singerman and Glass Ratner. For your information, to my knowledge, neither of these entities have ever done work for S&P or P&S Therefore, I strongly object to any fees being paid, or even contemplating being paid, to anyone not properly authorized by the partnership to receive such fees.

Please do not add additional monetary hardships to the partners by delaying the distribution of funds. I believe the conservators in charge of the funds should distribute the funds as soon as possible, so more funds are not lost on willful and unnecessary fees. We are already suffering the effects of the severe loss of retirement savings, forcing some of the more senior (age-related) partners to return to work full-time. Me, included. Thank you for your just consideration in this matter.

Ve trul ours Redacted

in the circuit court of the 17th judicial circuit ......2013/03/05 · matthew carone, as trustee...

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