Bridgeport CT lawyer Rich Meehan writing in The Cool Justice Report
If the prosecutors prove that the defendant — through his criminal conduct — acquired the assets, the court can order the property forfeited despite the title appearing in Mrs. Madoff’s name. The burden would rest on the Madoffs to prove that the wife is an innocent third party who acquired the assets prior to or independent of her husband’s criminal acts.
My money is on the government wining this battle.
If the government can show assets are from ill-gotten gain, they can reach through any deed of title, any trust fund, and given the scope and publicity of the Madoff fraud, probably through any bank account anywhere on the planet. What bank would dare refuse?