Amicus Brief filed in Bankruptcy Court

[1] Such standard measures include the return on the S&P 100 (since Madoff claimed to be buying S&P 100 stocks), the return on the Dow, the return on Treasuries, prevailing interest rates, and other possibilities.

[2] Even using the cash-in/cash-out method, SIPC has had to heavily increase its assessments on brokers, which has caused no little consternation in the brokerage community.

[3] The adoption was eventual rather than immediate since, as far as amicus is aware, SIPC and the Trustee did not publicly announce that they would use cash-in/cash-out until long after SIPC entered the case, perhaps not until a mass meeting held by the Trustee on February 20^th. Also, the General Counsel of SIPC was quoted as initially saying that the amounts victims would be regarded as having lost were the amounts on their last statements.