Madoffs got $13,800 rebate for decline in value of their Palm Beach mansion
By June 5, the government had frozen the couple's funds and occupied their homes, seizing the fruits of Bernie Madoff's massive fraud: their cars, their boats, their piano, even their silverware.
That's when Palm Beach County wrote the couple a $13,800 check — a rebate, handing back taxes the Madoffs paid on their Palm Beach mansion.
The county had little choice, experts say: The Madoffs' property had been overvalued, so they'd paid too much in taxes and legally were owed the money.
Now, Ruth Madoff wants the check recut, with her husband's name removed — despite a deal with prosecutors in which she promised to give up all but $2.5 million of her fortune.
The deal, relinquishing the rest of her money to the government so it can be redistributed to victims, explicitly mentions tax refunds. It was signed at the end of June, after the county refund was issued.
This is the latest development in a scandal that ruined many of Bernie Madoff's investors, who suddenly learned in December that he had taken all they had given and turned it into a mirage.
"Do I think she should keep the $13,800?" said Ronnie Sue Ambrosino, a Madoff victim who runs the website bernardmadoffvictims.org. "Absolutely not! Absolutely not. She's been forced to give up all her other assets, and that money should be put back in the pot."
But Ruth Madoff recently sent the uncashed refund check back to Palm Beach County Tax Collector Anne Gannon, with a letter dated Aug. 23 asking that it be reissued in her name alone.
When asked for his opinion on the letter, Richard Rampell, an expert on Florida tax law, had only one guess for why she might have written it.
"She wants to have unfettered access to the money, clearly," said Rampell, a managing partner of Palm Beach's Rampell & Rampell.
With the check also in her husband's name, Ruth Madoff would need his signature to deposit it into anything except a joint bank account, Rampell said — difficult, with Bernie Madoff in prison and his accounts impounded.
But if she simply wanted to give prosecutors the money, she could have signed the check and handed it over, Rampell suggested, letting them worry about getting Bernie's signature.
Ruth Madoff's attorney, Peter Chavkin, said in an e-mail that the money will go "where it is supposed to go" and that Madoff had consulted with lawyers before writing the letter.
He added that Madoff is "obliged to assist the government in recovering any covered assets."
Still, the request seems "very odd," said Professor Michelle Bertolini of the University of Hartford, a Florida lawyer and certified public accountant who taught at Florida Atlantic University until this summer.
"Was she trying to do this so she could give the government $13,000, or was she trying to go and cash this and make it disappear?" Bertolini said, adding that she agreed with Rampell's assessment of the situation.
The U.S. Attorney's Office declined to comment.
Either way, Madoff won't be able to get the check reissued, Gannon said.