Andrew and Mark Madoff, sons of fraudster Bernard Madoff, have submitted a request with a US court to dismiss all the complaints against them, with prejudice, court documents showed.
In a filing with the US Bankruptcy Court, Southern District of New York, the sons said they ranked among the “numerous victims of their father's terrible crimes”.
On December 10, 2008, Bernard Madoff confessed to his sons about a Ponzi scheme “of epic proportions”. Mark and Andrew contacted federal authorities within hours of learning of their father's betrayal of their trust, the filing said.
The Plaintiff, Securities Investor Protection Corp (SIPC), sued the sons seeking damages, including their duly earned compensation for running the market making and trading businesses, Andrew and Mark said in the filing.
“Long on rhetoric, but short on legal or factual support, this is a case that as a matter of fairness never should have been brought, and as a matter of law should be dismissed,” the sons said in the filing.
In separate filings, niece Shana Madoff and brother Peter Madoff also sought dismissal of all complaints against them, with prejudice.
Peter Madoff will move before Judge Burton Lifland, for an order dismissing the Trustee's complaint in its entirety, a filing said.
The lawsuit against Peter, sons Mark and Andrew and niece Shana, is a civil action and none of the family members has been criminally charged.
When pleading guilty in March 2009, Madoff said he acted alone. His long-time deputy Frank DiPascali admitted in August to working with others, whom he did not identify, in perpetrating the decades-long fraud.