14 New York (Koeltl, J.) granting summary judgment to the plaintiff, Irving H. 15 Picard, pursuant to the Securities Investor Protection Act of 1970, 15 U.S.C. §§ 16 78aaa-78lll (“SIPA”). The district court granted recovery of $2,925,000 that was 17 transferred from Bernard L. Madoff Investment Securities LLC (“BLMIS”) to the 18 defendants in the two years prior to BLMIS’s filing for bankruptcy. Because there 19 is no genuine dispute of material fact that Bernard L. Madoff transferred the 20 assets of his business to the defendants, which made it recoverable property 21 under SIPA, the district court properly granted summary judgment to Picard. 22 Affirmed. Judge Wesley concurs in a separate opinion.

1 The Clerk of the Court is directed to amend the caption as above. 2 1 ____________________

2 LANCE GOTTHOFFER, Chaitman LLP, (Helen 3 Chaitman, on the brief) New York, N.Y., for Defendants- 4 Appellants. 5 6 AMY E. VANDERWAL, Baker & Hostetler LLP, (David 7 J. Sheehan, Seanna R. Brown, Tracy Cole, on the brief) 8 New York, N.Y., for Plaintiff-Appellee Irving H. Picard, 9 Trustee for the Substantively Consolidated SIPA Liquidation 10 of Bernard L. Madoff Investment Securities LLC, and 11 Bernard L. Madoff. 12 13 NATHANAEL KELLEY, Associate General Counsel, 14 Securities Investor Protection Corporation, (Kevin H. 15 Bell, Senior Associate General Counsel, Kenneth G. 16 Caputo, General Counsel, on the brief) Washington, D.C., 17 for Plaintiff-Appellee Securities Investor Protection 18 Corporation. 19 20 POOLER, Circuit Judge: 21 Defendants JABA Associates LP and its general partners—Estate of James 22 Goodman; Audrey Goodman (as General Partner and Personal Representative); 23 Bruce Goodman; and Andrew Goodman—appeal from the March 24, 2021 24 judgment of the United States District Court for the Southern District of New 25 York (Koeltl, J.) granting summary judgment to the plaintiff, Irving H. Picard 26 (“Trustee”), pursuant to the Securities Investor Protection Act of 1970, 15 U.S.C. 27 §§ 78aaa-78lll (“SIPA”). JABA was a good faith customer of Bernard L. Madoff 3 1 Investment Securities LLC (“BLMIS”) and held BLMIS Account Number 1EM357

2 (the “JABA Account”). The Trustee brought this action to recover the allegedly

3 fictitious profits transferred from BLMIS to the defendants in the two years prior

4 to BLMIS’s filing for bankruptcy. The district court granted recovery of

5 $2,925,000 that BLMIS transferred to defendants in the two years prior to

6 BLMIS’s filing for bankruptcy, which made it recoverable property under SIPA.

7 Sec. Inv. Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC, 528 F. Supp. 3d 219

8 (S.D.N.Y. 2021) (“SIPC”). The district court also awarded 4 percent prejudgment

9 interest. Id. at 245-47. 10 The defendants first argue that the district court improperly granted 11 summary judgment. They contend that there is a dispute of material fact as to 12 whether Bernard L. Madoff transferred the assets of his sole proprietorship to the 13 defendants, which determines whether the property is recoverable under SIPA. 14 Defendants question some of the Trustee’s evidence, particularly the Amended 15 Form BD. As detailed further below, when Madoff reorganized his broker-dealer 16 business from a sole proprietorship to a limited liability company in 2001, he 17 filed an Amended For