On January 14, 2009,
William Galvin,
Massachusetts Secretary of the Commonwealth, who is in charge of the state's securities issues, filed suit against Jaffe, a Cohmad broker for Madoff, who promoted Madoff's funds to wealthy investors in Massachusetts and
Florida. On February 4, compelled to testify, Jaffe invoked his
Fifth Amendment right. Marcia Cohn, Maurice Cohn and Alvin Delaire Jr. failed to appear. On February 11, 2009, Galvin filed a complaint seeking to revoke the Massachusetts license of Cohmad Securities Corp., an accounting of all Massachusetts investors Cohmad referred to Madoff's company, all the fees it earned doing so (more than $67 million), and a fine. It named Ruth Madoff as having withdrawn $10 million on December 10, 2008, and $5.5 million on November 25, 2008, from her brokerage account. It also cited $526,000 in referral fees paid from Madoff Investments, to Cohmad, to Vienna
Bank Medici majority owner,
Sonja Kohn, which she subsequently denied. On May 28, 2009, Bank Medici lost its Austrian banking license. Kohn and the Bank are under investigation. On May 8, 2009, the Commonwealth of Massachusetts found the firm to be in “default” for not assisting regulators. Cohmad's securities registration has been revoked, and they must provide an accounting of all fees the company or its agents earned for referring Massachusetts investors to Mr. Madoff's firm as well as, pay a $100,000 fine for failing to cooperate with the state securities investigation. On March 15, 2009, Federal prosecutors filed a notice in federal court declaring its intent to seek the forfeiture of the Madoffs' interests in Cohmad Securities. On June 22, 2009, Madoff Trustee,
Irving Picard filed a claim against Cohmad, founder Maurice “Sonny” Cohn, daughter Marcia Cohn, Robert Jaffe, Richard Spring, Alvin J. Delaire Jr., Stanley Mervin Berman, Jonathan Greenberg, Cyril Jalon, Morton Kurzrok, and Rosalie Buccellato, among more than two dozen individuals and trusts in
U.S. Bankruptcy Court in New York. The lawsuit claims that up to 90 percent of Cohmad's income came from referring clients and that the firm had a “symbiotic” relationship with Madoff, having earned hundreds of millions of dollars from the fraud. The lawsuit seeks more than $100 million paid to Cohmad six years prior to Madoff's firm declaring bankruptcy, and more than $105 million in profits Cohmad employees and their families withdrew from the investment accounts they held with Madoff. against co-founder Maurice "Sonny" Cohn, president Marcia Cohn, and Robert Jaffe. The lawsuit alleges the company was Madoff's "in-house marketing arm" and critical to Madoff's scam. Cohmad representatives were paid for funds they brought into the firm but not for any putative increase in the investments' value. Withdrawals were treated as a loss, which "suggested that profits generated by Madoff were fictitious", although Madoff changed the arrangement in 2002 for Maurice Cohn, and began paying him $2 million a year. ==See also==