Expert: Jury Increases Risk to Wilpons

November 24, 2011 – In The News
Michael Kline commented on the case between Irving Picard, trustee to the victims of the Bernard Madoff Ponzi scheme, and Fred Wilpon and family.

Judge Jed S. Rakoff ruled that Picard was entitled to present his case to a jury in March if the pending lawsuit intended to recover funds for the victims is not settled yet.

Kline said that this potentially presents more risk to Fred Wilpon and his family in the $386 million lawsuit.

"I agree that the Wilpons should have preferred Judge Rakoff alone to find fact as well as the law," Kline said. "He has already shown an orientation favorable to the defendants by his earlier rulings and has slapped the Trustee's hands."

"Moreover, however, not only is a jury totally unpredictable, this case is highly complex and has created significant controversy among legal experts. Understanding of material aspects by a lay jury may be difficult or even impossible. In such a case a jury may feel more comfortable in grasping hold of simpler or limited concepts to which it can relate and can comprehend. This can lead to unexpected results."

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