A Strange Kind of Genius

If Bernard Madoff ran a Ponzi scheme, he ran the scheme on a scale and for an amount of time (and for an amount of money) that far outstripped anything that had been done before. See Diana Henriques, "Madoff Scheme Kept Rippling Outward, Across Borders," NYTImes (Dec. 20, 2008) :

But whatever else Mr. Madoff’s game was, it was certainly this: The first worldwide Ponzi scheme — a fraud that lasted longer, reached wider and cut deeper than any similar scheme in history, entirely eclipsing the puny regional ambitions of Charles Ponzi, the Boston swindler who gave his name to the scheme nearly a century ago.

It takes a strange kind of genius -- but genius nonetheless -- to do that.

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Universities and Law Schools Are Not Exempt from Financial Catastrophes -- or Scandals

Bernard Madoff, who allegedly lost $50 billion of his clients' money, was the treasurer of the board of trustees of Yeshiva University, the parent of Cardozo School of Law. Before this scandal erupted Yeshiva University had already lost about 1/3 of its endowment because of the turmoil in the financial markets. An estimate in one newspaper is that Yeshiva University lost an additional $100-110 million as a result of Mr Madoff's alleged misdeeds. See Stephanie Strom, "Giant Wall St. Fraud Leaves Charities Reeling," NYTimes (Dec. 15, 2008). There are rumors of greater losses. The Jerusalem Post paints an almost apocalyptic picture of the implications for Jewish charities and non-profits, including Yeshiva University. See Haviv Rettig Gur & Allison Hoffman, "Jewish community braces for calamity in wake of Madoff fraud," international.jpost.com (The Jerusalem Post) (Dec. 15, 2008). And I thought that the academic life would be peaceful -- and stable. Boy was I wrong.

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Bunk Forensic Science and Due Process

It takes a long time for courts to recognize bunk forensic science as bunk. The experience with the now-discredited paraffin test is just one of many examples. Will the day soon arrive when courts will generally acknowledge that the "theory" of wholesale repressed memory has so little probative value -- probative value akin to that of astrology -- that courts will decide (i) "expert" evidence about repressed memory evidence cannot support a claim of an excusable failure to discover a cause of action for purposes of calculating limitations periods on civil actions for sexual wrongs and (ii) the use of repressed memory evidence against a defendant in a criminal trial is a violation of due process?

Sympathy for victims of child molestation or for victims of sexual assault does not excuse or justify the use of nearly-worthless evidence.

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Witness with Repressed Memory Has Photographic Memory

In a trial in which an alleged victim of child molestation claimed to have repressed and then recovered memory of sexual molestation, this happened:

During the initial trial, trial counsel asked B. how he could remember the television program he was watching at the cabin in Lake Arrowhead. B. replied that the program was “Fox Family because, like I said I'm very intelligent. I have a photographic memory.” When trial counsel said, “You do?” B. replied, “Somewhat photographic.”

People v. Bradley, Cal.App. 2 Dist., November 06, 2008 (NO. B198577)

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New Article on Repressed Memory: Review of Recent Research

The following new article calls for your attention if your case or cases involve claims of repressed and recovered memory: August Piper, Linda Lillevik & Roxanne Kritzer, "What's Wrong with Believing in Repression?: A Review for Legal Professionals,"14 Psych. Pub. Pol. & L. 223 (2008).

It may be time to permanently repress repressed memory.

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