NEW YORK, March 19 (Reuters) - The owners of the New York
Mets agreed to pay $162 million to settle a lawsuit by the
trustee seeking money for the victims of Bernard Madoff's fraud,
a deal that eases pressure on the owners of the cash-strapped
baseball team.
The pact was announced in U.S. District Court in New York on
Monday just as a trial was about to start. It was a victory for
brothers-in-law Fred Wilpon and Saul Katz and their family-run
Sterling Equities real estate, baseball and hedge-fund empire.
They will not have to pay out any cash immediately and the
trustee, Irving Picard, dropped his allegation that they turned
a blind eye to Madoff's fraud. For the trustee, the settlement
could provide a template for other cases still pending against
hundreds of individuals, funds and banks such as HSBC Holdings
Plc, JPMorgan Chase & Co and UBS AG.
Wilpon and Katz were accused of acting in bad faith in their
dealings with Madoff over 25 years until December 2008. Their
case would have been the first involving the imprisoned
financier to go to trial.
The Mets, who live in the shadow of the much more
successful, world-famous New York Yankees, have struggled in
recent years. Mets general manager Sandy Alderson has been
quoted as saying the team lost $70 million last year. Forbes
magazine said in 2011 that the team was worth $747 million.
The settlement is a "very positive moment for the team and
the Wilpon family," said Robert Boland, academic chair at New
York University's Tisch Center for Hospitality, Tourism and
Sports.
Beyond the Madoff fraud, the owners have dealt with a
struggling team and a financial hit to their commercial real
estate business.
"Solving one of those issues will make it easier," he said.
The settlement calls for payments over a five-year period
and Wilpon and Katz will not have to pay any cash until the
fourth year. The $162 million could end up being mostly paid
with money returning to the owners' Sterling Equities firm as a
result of being a victim of the fraud.
Picard had accused the owners of ignoring warning signs that
Madoff was running a fraud. Wilpon, Katz and their relatives
denied the accusations and said they were also victims.
Both sides can claim victory, according to Neal Levin, a
partner at law firm Freeborn & Peters LLP in Chicago, who
specializes in recoveries for fraud victims.
"If I'm Picard, I'm going to try and use it as a template.
But if I'm the target, I'm going to say that this is a very
subjective analysis and every case is unique."
'FICTITIOUS PROFITS'
Picard's original complaint was filed in bankruptcy court in
December 2010, seeking $1 billion, but it was whittled down to
$386 million. If a jury had ruled against the Mets owners, they
would have been liable for $303 million on top of as much as
$83.3 million in "fictitious profits."
People involved in the litigation said the pressure of an
upcoming trial led to the agreement.
"This is common sense," former New York State Governor Mario
Cuomo, who oversaw mediation of the dispute, told reporters
outside the courtroom. "There's no artistry here."
He said Wilpon and Katz were not personally involved in the
negotiations.
For Picard and his legal team, the settlement brings an
additional $162 million into the pot to pay back victims of
Madoff's fraud, the biggest in investment history.
Madoff is in prison for his Ponzi scheme, in which he paid
old clients with the money from new investments.
"This settlement is for the benefit of all the customers,"
said David Sheehan, the lead lawyer for Picard.
Picard estimates Madoff customers were defrauded of about
$20 billion overall. He has said he will try to recover as much
money as he can through the courts. So far, he has won
settlements amounting to $9.1 billion.
Under the settlement, Wilpon, Katz and their partners at
Sterling Equities essentially agreed to pay "fictitious profits"
of about $162 million that the Sterling parties withdrew in the
six years before Madoff's scheme collapsed in December 2008.
U.S. District Judge Jed Rakoff previously ruled the defendants
were liable for two years of profits, $83.3 million.
"The settlement that we announced in court confirms that Mr.
Wilpon and Mr. Katz and their partners acted at all times in
good faith and did not act willfully blind," said Robert Wise,
one of their lawyers.
The Sterling parties' customer claims of about $178 million
will be entitled to recovery on the same basis as other
customers of the Madoff firm. Any pro rata distributions would
be used to reduce the Sterling parties' settlement obligation.
The settlement was reached on Friday, but kept secret until
Monday, when Rakoff announced it in court. The two sides agreed
not to make any disparaging statement about each other or the
settlement.
"All I have to say is, love is wonderful," the judge said.
He set April 13 for final approval of the deal.
The case is Picard v. Katz et al, U.S. District Court,
Southern District of New York, No. 11-03605.
For Picard: Fernando Bohorquez Jr., David Sheehan and Karin
Jenson of Baker & Hostetler.
For Katz: Dana Seshens and Karen Wagner of Davis Polk &
Wardwell.
(Reporting by Grant McCool and Jonathan Stempel; additional
reporting by Basil Katz)
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