FRAUDULENT CONVEYANCES Nassau Academy of Law CLE Live ...

111. Mrs. Madoff benefited from the receipt of money from BLMIS in the form ofpayments and other transfers which were the property of BLMIS and its customers, and forwhich Mrs. Madoff did not adequately compensate BLMIS or provide value.112. This enrichment was at the expense of BLMIS and, ultimately, at the expense ofBLMIS’s other customers.113. Equity and good conscience require full restitution of the monies received by Mrs.Madoff from BLMIS.114. Mrs. Madoff’s conscious, intentional and willful tortious conduct entitles BLMISto recapture profits derived by Mrs. Madoff utilizing monies they received from BLMISincluding, by way of example and without limitation, profits earned from real estate intereststhey purchased with BLMIS’s customer funds.115. By reason of the above, the Trustee, pursuant to section 544 of the BankruptcyCode and other applicable law, on behalf of BLMIS and its creditors, is entitled to an award ofcompensatory damages, in an amount to be determined at trial.THIRTEENTH CAUSE OF ACTIONCONSTRUCTIVE TRUST116. The Trustee incorporates by reference the allegations contained in the previousparagraphs of this Complaint as if fully rewritten herein.117. As set forth above, the assets of BLMIS have been wrongfully diverted as a resultof fraudulent conveyances, conversions, and other wrongdoing of Mrs. Madoff for her own, andher family’s, individual interests and enrichment.-27-