statutory-definition-of-net-equity

QUESTIONS PRESENTED ; . 1. Does an Article III Court have the power to : reject the statutory definition of “net equity” as set forth in 15 U.S.C. Section 78aaa et seg. by employing the Madoff Trustee’s “Net Investment Method” (“NIM”) as a formula to calculate the net equity of a customer in contradiction of the plain text of SIPA? 2. If the Courts below have such power, did the District Court and the Court of Appeals nevertheless err in upholding the use of the Net Investment Method advocated by a SIPC Trustee to disallow Petitioner’s “net equity” claim and clawback funds under circumstances where Petitioner maintained a traditional buy and hold stock brokerage account, did not relinquish control of his accounts to Madoff, but, instead, directed trading in specific securities in his account? ii .