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Jeffry Picower (right)

Key Information

Jeffry M. Picower (May 5, 1942 – October 25, 2009)[1][2] was an American investor involved in the Madoff investment scandal.[3][4] He was the largest beneficiary of Madoff's Ponzi scheme, and his widow agreed to have his estate settle the claims against it by Madoff trustee Irving Picard for $7.2 billion, the largest single forfeiture in American judicial history.[5][6][7][8][9]

Business dealings

[edit]

Picower was born into a Jewish family in the Bronx, New York.[3][4][10] He was a certified public accountant and lawyer,[11] but made most of his fortune by investing with Madoff.[11]

As an accountant at Laventhol & Horwath in the 1980s, Picower set up questionable tax shelters.[12] When the IRS challenged their validity, one of Picower's clients sued him and the firm.[12] The case was settled out of court.[12]

In 1983, Picower was rebuked by the U.S. Securities and Exchange Commission for late disclosure of his greater than 5% position in a company involved in a merger.[12]

In 1991, Picower and Anthony Cerami established a charity, the Picower Institute for Medical Research,[12] with an initial endowment of $10 million.[13] Researchers there, led by Kevin J. Tracey, made a potentially valuable discovery, with possible applications in the treatment of rheumatoid arthritis, Crohn's disease, and multiple sclerosis.[14][15] It was spun off into a for-profit company, Cytokine Networks, which was later merged with privately held PharmaSciences to form Cytokine PharmaSciences. However, it was revealed that Picower owned 76% of PharmaSciences stock and actually controlled 86.2%, putting him in a conflict of interest in the merger negotiations.[12]

After Physician Computer Network, Inc., went bankrupt, Picower, the chairman of the board and 45% shareholder, had to give $21 million to other shareholders in 2000[12] after it was discovered that company executives had falsified financial statements.[16]

Alaris Medical Systems, 65% owned by Picower, was taken over by Cardinal Health in 2004 for $1.6 billion.[17]

Picower was listed by Forbes magazine as one of the 400 richest people in the United States for 2009,[18] his only time on the list. Forbes, which listed Picower at no. 371, placed his net worth at $1 billion, though the magazine acknowledged that he was "likely worth billions more."[19][20]

Involvement with Bernard Madoff

[edit]

The Jeffry M. and Barbara Picower Foundation was created in 1989 by Picower and his wife Barbara.[17] Barbara Picower was listed as Executive Director and trustee, with both Picowers being members of the board of directors.[21] Longtime friend Bernard Madoff managed foundation assets listed at over $1 billion.[17][22] It distributed over $268 million in grants to various American organizations, including Human Rights First and the New York Public Library.[17][22] In 2002, it granted $50 million to the Massachusetts Institute of Technology neuroscience research center, which was subsequently renamed the Picower Institute for Learning and Memory.[17][23] However, the Picower Foundation was forced to close in 2009 due to losses arising from the uncovering of Madoff's Ponzi scheme.[22]

It was reported that between December 1995 and December 2008, Picower and his family withdrew "from their various Madoff accounts $5.1 billion more than they invested."[24]

In June 2009, Irving Picard, the trustee liquidating Madoff's assets, filed a lawsuit against Picower in the U.S. Bankruptcy Court for the Southern District of New York (Manhattan), seeking the return of $7.2 billion in profits, alleging that Picower and his wife Barbara knew or should have known that their rates of return were "implausibly high", with some accounts showing annual returns ranging from 120% to more than 550% from 1996 through 1998, and 950% in 1999.[25][26] According to a June 28, 2009, MSNBC article, that would make Picower and his wife the biggest beneficiaries of Madoff's scam, exceeding even Madoff himself.[11] The Picowers' lawyer, William D. Zabel of Schulte Roth & Zabel, responded that, "They were totally shocked by his fraud and were in no way complicit in it."[26] Madoff has suggested that Picower was allowed to remain as a client because he was "the Ponzi equivalent of a bank too big to fail: an investor too big to fire." It would have been impossible for Madoff to find enough cash to completely redeem his multi-billion-dollar account.[7]

On November 1, 2009, an additional court filing by Irving Picard documented an apparently fraudulent gain benefiting Picower. "According to the new filing, Mr. Picower opened an account with Mr. Madoff on April 18, 2006, by wiring a check for $125 million, more than a quarter of the entire sum he invested with Mr. Madoff over time. Within two weeks, the $125 million deposit had purportedly grown to $164 million because of a dramatic ‘gain’ on the securities held in the account—all of which supposedly had been purchased three months earlier ... Five months later, Mr. Picower withdrew his original $125 million, leaving $81 million in the account. There is no legitimate explanation for these events nor any possibility that they escaped Picower’s notice."[27]

Death and settlement

[edit]

On October 25, 2009, Jeffry Picower died at his Palm Beach home. Picower's wife Barbara told dispatchers she found him "at the bottom of their swimming pool" at their oceanfront estate shortly after noon. He was taken to Good Samaritan Medical Center, where he was pronounced dead about 80 minutes later.[28] According to the Palm Beach Police Department, "An autopsy of the body of Jeffry M. Picower was performed this morning. The Palm Beach County Medical Examiner's Office determined that Mr. Picower suffered a massive heart attack while in the swimming pool resulting in accidental drowning."[29] He was buried on October 27, 2009, in Mount Ararat Cemetery in Farmingdale, New York.[30]

On December 17, 2010, it was announced that a settlement of $7.2 billion had been reached between Irving Picard and Barbara Picower, Picower's widow, the executor of the Picower estate, to resolve the Madoff trustee suit, and repay losses in the Madoff fraud.[8][31] It was the largest single forfeiture in American judicial history.[9][32] "Barbara Picower has done the right thing," US Attorney Preet Bharara said.[31]

In 2011, Barbara Picower resumed her philanthropic activities, setting up a new foundation called the JPB Foundation with assets that remained from Jeffry Picower's estate following the legal settlement.[33] Forbes reported that the foundation was established with a $1.2 billion endowment.[34] As of 2018, the JPB Foundation had over $3.7 billion in total assets. According to Foundation Center's list of the largest grant-making foundations, the JPB Foundation was the 24th-largest foundation by asset size in the nation.[35] Barbara Picower currently serves as the President and Director of the JPB Foundation.[33]

References

[edit]
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Jeffry Picower

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Jeffry M. Picower (May 5, 1942 – October 25, 2009) was an American financier and philanthropist whose estate became the single largest beneficiary of L. Madoff's multibillion-dollar , forfeiting $7.2 billion in ill-gotten gains to victims following his death. Through accounts managed by Madoff Investment Securities, Picower initially invested around $620 million starting in the 1970s but systematically withdrew over $7 billion in principal and purported profits—fictitious trading returns fabricated by Madoff—making him the top net winner among known investors when the fraud unraveled in December 2008. Picower, a reclusive New York native who relocated to Palm Beach, Florida, built his fortune through consulting and investment firms but maintained opacity about his operations, with limited public records of his pre-Madoff career. His involvement drew scrutiny after Madoff's arrest, as withdrawals escalated in the years before the collapse, including $5.1 billion in the final six years alone, raising questions about awareness of irregularities despite no criminal charges filed against him before his death. Madoff later alleged Picower knew of the and directed fabricated trades, though such claims from the convicted schemer lacked corroboration and were not tested in court. On October 25, 2009, Picower, aged 67 and afflicted with heart disease and Parkinson's, was found unresponsive at the bottom of his Palm Beach pool; an autopsy determined he drowned following a massive heart attack from coronary artery , ruling out foul play or . His widow, Barbara Picower, agreed in 2010 to the DOJ forfeiture without admitting liability, enabling the recovery—the largest in U.S. history at the time—to fund victim restitution via the Madoff Victim Fund, while preserving non-Madoff assets exceeding $2 billion for . Prior to the scandal, Picower and his wife supported causes through the Picower Foundation, disbursing over $235 million from 1995 to 2000 to biomedical research, , and , including major gifts to institutions like the Kravis Center; the foundation dissolved after its endowment, largely Madoff-derived, evaporated in the fraud's exposure. Barbara Picower later established the JPB Foundation in 2011 with remaining estate funds, resuming grantmaking focused on poverty alleviation, , and environmental initiatives, though critics noted the taint from tainted origins.

Early Life and Education

Family Background and Upbringing

Jeffry Picower was born on May 5, 1942, in , New York, into a of modest means. His father had immigrated from and supported the household as a milliner in , while his mother died at a young age from . Picower grew up in a solidly middle-class environment, as described by his sister, Emily Cohen, with the family relocating to , during his youth. This upbringing instilled an early focus on financial success, with Cohen noting that "his major interest was making money."

Academic and Initial Professional Training

Picower earned a bachelor's degree from in 1963. He later obtained a from and a law degree from . After completing his education, Picower began his professional career as a and in New York. He joined an accounting firm, where he worked as a manager in the early , and became involved in the tax-shelter business.

Professional Career

Early Business Roles and Consulting

Picower commenced his professional career as an and based in , initially working in managerial roles within accounting firms. In 1976, while employed at an accountancy practice, Picower transferred $616,000 to Adela Holzer, a Broadway producer implicated in a fraudulent scheme, marking his initial documented involvement in a financial controversy. During the , Picower was employed as an at Laventhol & Horwath, where he structured and promoted shelters, including those utilizing computer equipment leases, which regulators later scrutinized for legitimacy. These activities constituted a form of tax consulting, though several schemes faced IRS challenges, leading to settlements such as an undisclosed payment by Picower in 1989 related to a client shelter he facilitated. Picower established Decisions Incorporated, of which he served as chairman, as the core entity for conducting his investment and operations, including early ventures in and buyouts. This firm facilitated his transition from and consulting toward broader entrepreneurial roles, though details on specific consulting clients or contracts remain limited in public records.

Investment Strategies and Firms

Picower primarily focused his investments on the healthcare and sectors, leveraging his background as an and to acquire controlling stakes in medical technology and pharmaceutical ventures. His approach emphasized private investments in growth-oriented companies, often involving that consolidated his influence, though some transactions raised questions about conflicts between his for-profit and nonprofit interests. A key holding was his 65% ownership in Alaris Medical Systems, a San Diego-based producer of intravenous drug infusion pumps, which he helped expand before its acquisition by on July 22, 2004, for $1.6 billion in cash and stock, generating Picower nearly $1 billion in personal returns. He also controlled PharmaSciences, a Florida-based firm researching for therapeutic applications, of which he owned the majority stake; in 1999, Picower orchestrated its merger with Cytokine Networks—a for-profit spinoff from his Picower for Medical Research—forming Cytokine PharmaSciences, where he held 76% of the stock and effectively controlled 86.2% through affiliated entities, prompting criticism for as the nonprofit institute's resources indirectly benefited his private holdings. Beyond direct equity positions, Picower promoted tax-advantaged products, including computer leasing arrangements marketed as shelters that were later deemed dubious by investigative reports for overstating benefits and drawing IRS scrutiny. He managed certain portfolios through vehicles like JFM , serving as or director, though details on its specific operations remain limited. As a long-term client of ' division spanning nearly three decades, Picower's non-Madoff assets reportedly delivered annualized returns exceeding twice the benchmark, underscoring his selective, high-conviction approach in specialized industries.

Philanthropic Contributions

Establishment of Foundations

The Picower Foundation was established in by Jeffry M. Picower and his wife, Barbara Picower, as a private grantmaking organization focused on supporting scientific research, medical advancements, arts, and initiatives. Initially endowed with assets derived from Picower's investment activities, the foundation quickly grew into one of the largest in the United States, enabling substantial philanthropy prior to its eventual closure. Among its early contributions, the foundation provided a $10 million donation in 1991 to launch the Picower Institute for Learning and Memory at the Massachusetts Institute of Technology, marking a foundational commitment to research. This support expanded in 2002 with a $50 million gift from the foundation to MIT, funding a new facility, endowed professorships, and research programs aimed at understanding learning and memory mechanisms. By the mid-2000s, the foundation had distributed hundreds of millions in grants to institutions including the , , and various medical research entities, reflecting Picower's strategic emphasis on high-impact, evidence-based causes. Following Picower's death in , his estate's settlement with the Madoff trustee in facilitated the creation of the JPB Foundation in 2011, endowed with approximately $1.2 billion bequeathed from his assets, under Barbara Picower's leadership as president and chair. This entity continued and expanded the family's philanthropic legacy, prioritizing , poverty alleviation, and environmental efforts, though its establishment occurred posthumously through Picower's willed endowment rather than direct founding during his lifetime.

Major Grants and Institutional Support

The Picower Foundation, established by Jeffry Picower in 2002, directed the majority of its grantmaking toward biomedical institutions, with a particular emphasis on , learning, and . By late 2008, the foundation had awarded approximately $268 million to various recipients, including significant endowments for dedicated research centers. These grants supported empirical investigations into cognitive processes and neurodegenerative conditions, prioritizing facilities and personnel for foundational scientific inquiry. A cornerstone of this institutional support was a $50 million commitment to the Massachusetts Institute of Technology (MIT) announced on May 9, 2002, marking the largest gift from a in the university's history at the time. The funding, disbursed over five years from 2001 to , established the Picower Center for Learning and Memory (later renamed the Picower Institute for Learning and Memory), enabling the recruitment of leading researchers, including Nobel laureate as director, and the development of specialized laboratories for brain research. This initiative accelerated studies on , memory formation, and related neural mechanisms, with the center producing peer-reviewed advancements in areas such as modeling. Additional grants bolstered operational continuity at supported institutions; for instance, the foundation provided annual contributions to organizations like Selfhelp Community Services, sustaining programs for vulnerable populations until funding disruptions in 2009. Overall, these allocations reflected a strategy of concentrating resources on high-impact, data-driven research infrastructures rather than diffuse smaller projects, though the foundation ceased new grantmaking following the exposure of irregularities in Picower's investment portfolio.

Investments with Bernard Madoff

Nature of the Relationship and Investments

Jeffry Picower maintained a decades-long professional relationship with Bernard Madoff as a client of Bernard L. Madoff Investment Securities LLC (BLMIS), directing investments through personal accounts and entities he controlled, including family trusts and corporate vehicles. Beginning in the , Picower deposited principal amounts totaling approximately $620 million across these accounts, which were ostensibly managed under Madoff's proprietary split-strike conversion strategy involving stocks hedged with options contracts. This relationship positioned Picower as one of Madoff's largest and most enduring investors, with active oversight including instructions for specific trade executions and account reallocations. The accounts generated reported returns that dramatically outpaced legitimate market performance, with Picower-linked trading accounts recording annual gains exceeding 100 percent on at least 25 occasions and surpassing 50 percent in numerous other years between 1996 and 2007—periods when broad indices like the yielded far lower averages, such as 19.5 percent in 1999. These outsized results stemmed from fabricated trade confirmations and statements produced by BLMIS, enabling cumulative withdrawals of about $7.8 billion by Picower and his entities, inclusive of $7.2 billion in illusory profits over . In one notable example, a 2006 account infusion of $125 million quickly ballooned under the reported strategy, contributing to the pattern of unsupported by verifiable securities transactions. Picower's engagement extended beyond passive investment, as evidenced by communications with Madoff's office requesting adjustments to holdings and withdrawals timed to capitalize on peak reported values, such as liquidations yielding hundreds of millions in single transactions. The structure allowed for flexibility, with funds flowing through interconnected accounts held by Picower's wife, Barbara, and charitable foundations like the Picower Foundation, which separately allocated up to $1 billion to Madoff-managed assets. This interconnected web amplified the scale of exposure, culminating in net extractions that exceeded those of Madoff himself, according to recovery estimates by the BLMIS .

Reported Returns and Account Activities

Picower controlled over a dozen accounts with Bernard L. Madoff Securities LLC (BLMIS), through which he and his entities deposited approximately $619 million between December 1995 and December 2008, while executing nearly 700 withdrawals totaling more than $7.8 billion. These activities resulted in reported net gains of $7.2 billion in fictitious profits, which his estate later agreed to forfeit to the U.S. government as part of a settlement with Madoff victims. BLMIS statements reported annual returns for Picower's accounts that far exceeded the consistent 10-12% typically shown to other clients, with 14 instances between 1996 and 2007 yielding over 100% gains. In the late , two of his accounts purportedly achieved returns ranging from 120% to 550% annually over a five-year period. One account reflected a cumulative return of approximately 950% over 13 years, according to analyses by the Madoff . These elevated figures contributed to ballooning account balances, peaking in the billions despite modest initial principal. Withdrawal patterns included large redemptions timed with reported high-performance periods, such as multiple multimillion-dollar transfers in years of triple-digit gains, enabling Picower to extract funds exceeding his deposits by billions before the scheme's in December 2008. No verifiable trades supported these returns, as BLMIS lacked evidence of actual securities transactions for client accounts.

Controversies Surrounding Madoff Involvement

Allegations of Knowledge and Complicity

Irving H. Picard, the court-appointed trustee for Bernard L. Madoff Investment Securities LLC (BLMIS), filed a on May 12, 2009, against Jeffry M. Picower and related entities, alleging that Picower knew or should have known that Madoff's operations were fraudulent and actively participated in the scheme by directing fictitious trades to generate profits. The claimed Picower withdrew approximately $5.1 billion more than he deposited into his BLMIS accounts from 1995 to 2008, with account statements showing engineered gains, such as a 950% annual return in one account during 1999, which Picard argued were impossible in legitimate options trading and indicative of manipulation. Specific patterns included Picower instructing Madoff to execute large purchases that initially appeared as losses but were retroactively adjusted to massive profits, often exceeding 100% annually, suggesting backdated or fabricated transactions to guarantee outcomes regardless of market conditions. Picard further alleged that Picower permitted Madoff to designate him as a in phony options trades reported to other clients, propping up the of legitimate trading volume and returns, and that Picower directed precise profit targets, such as reversing a $200 million loss into a $300 million gain in 2003 by fabricating basket trades. These directives, according to the suit, demonstrated Picower's complicity, as he exercised control over account activities atypical for passive investors and ignored red flags like consistent high returns uncorrelated with market downturns, such as during the 2000-2002 dot-com bust. The trustee contended that Picower's sophistication as a businessman—evidenced by his prior involvement in a 1980s settlement and familiarity with financial instruments—made willful blindness implausible, positioning him as a key enabler who extracted funds at the expense of later investors. Post-arrest statements from Madoff himself bolstered these claims; in interviews and a 2011 book by reporter Diana Henriques, Madoff asserted that Picower suspected the due to the unrealistic returns and directed custom trades, though Madoff provided no beyond acknowledging the manipulations. Critics of Picower, including Picard, highlighted his accounts' role in sustaining the Ponzi by recycling withdrawn funds back into Madoff entities, effectively laundering proceeds, with total fictitious profits claimed exceeding $6 billion before withdrawals. Despite these allegations, Picower's representatives dismissed them as "baseless" and factually erroneous prior to his death on October 25, 2009, maintaining the returns resulted from legitimate, high-risk strategies without admission of knowledge. The claims culminated in a $7.2 billion settlement by Picower's estate in December 2010, the largest recovery in the Madoff case, without conceding liability.

Counterarguments and Evidence of Legitimacy

Defenders of Jeffry Picower, including his legal representatives, maintained that he had no knowledge of Madoff's and operated as a legitimate long-term deceived by Madoff's representations. Picower began investing with Madoff in the early and continued for over 30 years, relying on Madoff's established reputation as a respected figure with a history of delivering consistent returns and undergoing multiple SEC examinations without apparent issues. His attorneys argued that Picower genuinely trusted Madoff's personal and professional integrity, viewing him as a brilliant trader rather than suspecting , and only learned of the scheme on , , the day after Madoff's . Allegations of complicity, primarily from Madoff trustee Irving Picard, centered on Picower's large withdrawals—totaling over $5 billion in fictitious profits—and instructions to adjust account balances to achieve desired returns, which the complaint portrayed as manipulative. In response, Picower's counsel contended that such returns, averaging around 20% annually, were not inherently implausible given market conditions and comparable performances by investors like Warren Buffett, and lacked evidence of insider awareness rather than mere beneficiary status shared by thousands of clients. They further asserted that withdrawals did not sustain the fraud but instead pressured Madoff's operation, and that "red flags" like media reports on Madoff's opacity were publicly available to all investors, not indicative of Picower's unique culpability. The estate's $7.2 billion settlement with Picard and the U.S. Attorney's Office in 2010, the largest single recovery in the Madoff case, was reached without any admission of fault, knowledge, or involvement in the fraud by Picower or his entities. Barbara Picower, his widow and estate executrix, stated that the agreement returned "every penny received from almost thirty-five years of investing with Madoff" to victims, emphasizing cooperation in redistributing funds—$5 billion via SIPA proceedings and the remainder through DOJ remission—without conceding wrongdoing. Picower's lawyers reiterated post-settlement that he "was neither complicit in nor did he know of Madoff's ," dismissing later claims by Madoff himself from prison as unreliable self-justifications from a convicted fraudster seeking to deflect blame. While Picower's prior experience with a smaller in the has been cited to question his , his representatives framed this as evidence of victimization rather than predisposition to , noting it occurred decades earlier and did not deter trust in Madoff's seemingly robust operation. The absence of criminal charges against Picower before his death in October 2009, despite ongoing investigations, and the settlement's approval by the bankruptcy court without findings of illicit knowledge, bolster arguments that his investments were legitimate in intent, even if leveraged by Madoff's deception.

Death and Estate Resolution

Circumstances of Death

On October 25, 2009, Jeffry Picower, aged 67, was found unresponsive at the bottom of the swimming pool at his mansion by his wife, Barbara Picower. Emergency responders pulled him from the pool and transported him to Good Samaritan Medical Center, where he was pronounced dead at approximately 1:30 p.m. An autopsy conducted by the Palm Beach County Medical Examiner's Office determined that Picower suffered a massive heart attack while swimming, which led to accidental drowning as the official cause of death. Picower had a documented history of cardiac issues and Parkinson's disease, conditions that family representatives noted contributed to his declining health prior to the incident. Palm Beach police investigated the death as a potential drowning but ruled it accidental with no evidence of foul play, pending a toxicology report that confirmed natural causes.

Settlement with Madoff Trustee and Victims

Following Jeffry Picower's death on October 25, 2009, Irving H. Picard, the court-appointed trustee for Bernard L. Madoff Investment Securities LLC, pursued recovery actions against Picower's estate, alleging that Picower had received approximately $5.1 billion more in fictitious profits and principal withdrawals than he had invested between December 1995 and December 2008. The U.S. Attorney's Office for the Southern District of New York also initiated civil forfeiture proceedings, claiming the withdrawals constituted proceeds of Madoff's . On December 17, 2010, Picower's widow, Barbara Picower, acting on behalf of the estate, reached a settlement agreement with Picard and the U.S. government to forfeit $7.2 billion, marking the largest single forfeiture recovery in U.S. history at the time and providing substantial funds for distribution to Madoff victims. Under the terms, $5 billion was allocated directly to the Madoff victim fund managed by Picard, while $2.2 billion was designated for civil forfeiture to the U.S. government, with all proceeds ultimately directed toward compensating defrauded investors. Barbara Picower stated that the settlement aimed to return "every penny received from almost thirty-five years of investing with Madoff," forgoing further litigation to expedite victim recoveries. The agreement resolved ongoing lawsuits, including Picard's clawback claims and government forfeiture actions, and included an preventing other claimants from pursuing the estate, thereby streamlining distributions. U.S. District Judge upheld the settlement in subsequent rulings, affirming its approval by the Bankruptcy Court and its role in maximizing recoveries without protracted disputes. By 2022, portions of the $7.2 billion had contributed to over $4 billion in total distributions to victims, representing a significant portion of the trustee's overall recoveries estimated at half of the scheme's $20 billion in cash losses.

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  56. https://www.pbs.org/newshour/politics/madoff-settlement-will-bring-7-billion-back-to-victims
  57. https://www.madofftrustee.com/timeline-31.html
  58. https://www.justice.gov/archives/opa/pr/justice-department-announces-total-distribution-over-4-billion-victims-madoff-ponzi-scheme
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