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Joint provisional liquidators of Madoff Securities International gain recognition in U.S. bankruptcy court

Further enquiries to:

UK: Simon Rothschild, Bankside Consultants Tel: + 44 (0)207 367 8888

US: Eric Lewis, Baach Robinson & Lewis Tel: +(1) 202 352 8900

The Joint Provisional Liquidators ("the Liquidators") of Madoff Securities International Limited yesterday (9 June 2009) obtained formal recognition in the United States Bankruptcy Court, allowing them to work in direct coordination with the Trustee of Bernard Madoff Securities Limited. Chapter 15 of the Bankruptcy Code permits foreign liquidators to have their proceedings recognized and to obtain the assistance of the U.S. courts in carrying out their activities.

The U.S. Bankruptcy Court also approved the protocols put forward by the Liquidators and agreed with the Trustee that guide their cooperation going forward. Lawyers for the Liquidators and the Trustee described to the court their extensive cooperation to date in exchanging information, examining witnesses and realizing assets. They also indicated that they were negotiating with the United States government to make certain that all recoveries were allocated to victims of the fraud. UK liquidators have powers under the European Convention equivalent to domestic liquidators to realize assets, as well as investigatory powers in current and former Commonwealth jurisdictions. The Liquidators have already filed proceedings to recover a 27 metre luxury yacht in France paid for with Madoff International funds.

"New international bankruptcy conventions enable fiduciaries in cross-border insolvencies to work together to maximize return to creditors," said Steve Akers, a partner of Grant Thornton and a Joint Provisional Liquidator. "We assisted the US Trustee to obtain recognition in England and now we have worked together for reciprocal cooperation in the United States. This is a positive step for creditors."

Eric Lewis of Baach Robinson & Lewis, the Liquidators’ lawyer, observed, "With information, witnesses and documents located all over the world, international recognition of the type obtained today allows Liquidators to join forces and use their respective powers to find assets and pursue claims on behalf of the victims of this massive fraud."