Prospect of Jury Trial in Mets’ Madoff Case May Push Sides Toward Settlement

March 18, 2012 – In The News
The New York Times

Michael Kline discussed the upcoming trial between Irving Picard, trustee for the victims of the Bernie Madoff Ponzi scheme, and the owners of the Mets.

Judge Rakoff recently noted that jurors must decide the case from preponderance of proof not by a reasonable doubt, but in addition that it was the owners of the Mets, not the trustee who had the burden of proof.

"The burden of proof shifted the pendulum,” said Michael Kline. “It’s sort of challenging for the Mets.”

Kline added that Wilpon and Katz face having to testify, being cross-examined and hearing testimony of others called by the trustee, before they put on their case.

“The Wilpons are going to have their personal, family and economic lives brought out into the open beyond anything they can think of and any owner has endured,” Kline said. “If they go through this whole trial, they’re certainly going to have a lot of things that people are going to think are unseemly.”

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