Participants in the Madoff investment scandal the receiver assigned to Madoff's Ponzi scheme, extracted a settlement from Tremont worth over one billion dollars. A $1 billion class-action federal lawsuit was filed in Colorado against Fiserv, Inc. of Brookfield, Wisconsin whose subsidiaries were custodians for pension or IRA accounts and invested with Madoff. The complaint alleges Fiserv failed "to hold and safeguard assets entrusted to it" by about 800 Madoff customers who had been told to hire Fiserv to handle their accounts with him. Fiserv is accused of breach of fiduciary duty, fraud, negligence and aiding and abetting breach of fiduciary. Fiserv sold its investment account administration
Fraudulent conveyance a knowledge that the action harms the rights of the creditor. To exercise this right, the creditor must have a right against the debtor which is monetary and not unique and personal in nature. For instance, the right to demand to clear of the land of the building or the right to delivery the land involves land and unique and therefore not subject to Pauline action(Korean Supreme Court Decision February 10, 1995, 94da2534). Fraudulent conveyance A fraudulent conveyance, or fraudulent transfer, is an attempt to avoid debt by transferring money to another person or company. It is generally a civil,