March 14, 2012

Burden of Proof

The Wilpons hold the burden of proof as they face the Madoff trustee lawsuit:

This is a pretty big deal. I haven’t seen the exact ruling, but it would seem that rather than forcing trustee Irving Picard to prove that the Mets owners were willfully blind to Madoff’s scheme while investing with him, it is now on the Mets owners to prove that they didn’t know that it was a scam or, that they behaved prudently at all turns or something along those lines.

I know this isn’t a criminal case, but isn’t it usual that the burden of proof lies with the accuser?

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