An objective analysis of Picard's writ shows the Second Circuit should be affirmed. Picard's arguments are long on emotional appeal and customer-centric public policy but short on the law. The Second Circuit decision is in line with the intent of Congress. Furthermore, adopting Picard's interpretation would raise many issues and create many problems in the financial services industry. Part II of this note provides background on SIPA and the Securities Investor Protection Corporation (SIPC), as well as Section 544 of the Code. Part III provides background on the Picard case, including a brief discussion of Madoff's scheme and Picard's work to recover money for investors. Part IV outlines the Second Circuit's decision in Picard, and Part V dissects and analyzes Picard's Supreme Court writ. Part VI comments on the implications of affirming the Second Circuit.
Assessing Irving Picard’s Writ of Certiorari in Picard v. JP Morgan Chase: Another Chapter in the Saga of Bernie Madoff and His Impact on the Securities Industry,
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Available at: https://digitalcommons.pepperdine.edu/jbel/vol8/iss1/9