Second Circuit Receives Unusual Madoff Appeal

New York federal prosecutors have asked the U.S. Court of Appeals for the Second Circuit to dismiss an appeal by a federal prisoner who asserts that Ponzi schemer Bernie Madoff was convicted because the government used mind-control techniques to influence the court.

In July, a handwritten motion seeking to dismiss the case was filed under Madoff’s name by Frederick Banks, who is currently serving a sentence in a Youngstown, Ohio federal prison. Banks claimed that the government utilized “bio-electric sensors and sub-aural communicators voice-to-skull technology.” Judge Denny Chin, believing the motion to be filed by Madoff himself, denied the motion in late July. Banks, however, was not deterred, subsequently filing two handwritten notices of appeal in which he made relate claims regarding “bio-electric sensors” and “voice to skull influence.”

In response, Southern District of New York prosecutor Michael Levy filed a motion to dismiss the appeal on August 27, stating that “Banks is a stranger to this case. He has no apparent authority to act on Madoff’s behalf and, even if he did, he is not an attorney and may not do so.” He also noted that the appeal was filed more than fourteen days after Judge Chin’s ruling and as a result untimely.

Madoff, himself, is currently serving a 150-year prison sentence after confessing to running the biggest Ponzi scheme in U.S. history. Fifteen other individuals have pled guilty or been convicted in connection to the fraud.

If you or someone you know has lost money as a result of an investment or Ponzi scheme, please contact Richard Frankowski at 888-741-7503 to discuss your potential legal remedies or complete the contact form.