Lawyers for Broker in Madoff Case Call U.S. Suits Unfair:
"What the commission has done here to Robert Jaffe is simply unfair," the defense motion argued. "The agency has called him a cheat, a knowing participant in the largest Ponzi scheme in history. Yet, it has failed to back up these charges with factual allegation
I think using broad-brush terms like "unfair" which aren't precise & legal is probably not a good move. Life isn't fair, and many people screwed by Bernie Madoff will never be made whole. That's not fair, but that's reality.
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The reason they are using the legally meaningless term "unfair" is that they have no legally meaningful term to hang their hat on.
Jaffee must go to prison. He was Madoff's #1 shill.