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Marianne Madoff cries as she speaks about her (Credit: Rory Glaeseman)

Marianne Madoff cries as she speaks about her son during a news conference held announcing a lawsuit the Madoff's have filed against the tour groups who led a group of teenagers on a hiking and kayaking trip, of showing poor judgment and acting "coldhearted" toward them after their son Tyler Madoff, 15, who was swallowed by the ocean. The Madoff family live in Scarsdale. (Aug. 22, 2012)

Madoff family files lawsuit

Michael and Marianne Madoff, parents of Tyler Madoff, 15, of White Plains, who was swept into Hawaii's Kealakekua Bay by a wave on July 4, have filed a lawsuit against the tour companies. The White Plains teen is presumed drowned, though his body has not been recovered.

Michael Madoff, left, and his wife Marianne Madoff,
(Credit: Rory Glaeseman)

Michael Madoff, left, and his wife Marianne Madoff, react during a news conference held announcing a lawsuit the Madoff's have filed against the tour groups who led a group of teenagers on a hiking and kayaking trip, of showing poor judgment and acting "coldhearted" toward them after their son Tyler Madoff, 15, who was swallowed by the ocean. The Madoff family live in Scarsdale. (Aug. 22, 2012)

Michael Madoff listens to a question from the
(Credit: Rory Glaeseman)

Michael Madoff listens to a question from the press during a news conference held announcing a lawsuit the Madoff's have filed against the tour groups who led a group of teenagers on a hiking and kayaking trip, of showing poor judgment and acting "coldhearted" toward them after their son Tyler Madoff, 15, who was swallowed by the ocean. The Madoff family live in Scarsdale. (Aug. 22, 2012)

From left Michael Madoff, his wife Marianne Madoff,
(Credit: Rory Glaeseman)

From left Michael Madoff, his wife Marianne Madoff, and their lawyer Susan Karten speak during a news conference held announcing a lawsuit the Madoff's have filed against the tour groups who led a group of teenagers on a hiking and kayaking trip, of showing poor judgment and acting "coldhearted" toward them after their son Tyler Madoff, 15, who was swallowed by the ocean. The Madoff family live in Scarsdale. (Aug. 22, 2012)

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An image of Tyler Madoff, 15, is displayed
(Credit: Rory Glaeseman)

An image of Tyler Madoff, 15, is displayed on a table after a news conference held announcing a lawsuit the Madoff's have filed against the tour groups who led a group of teenagers on a hiking and kayaking trip, of showing poor judgment and acting "coldhearted" toward them after their son was swallowed by the ocean. (Aug. 22, 2012)

Marianne Madoff cries as she speaks about her
(Credit: Rory Glaeseman)

Marianne Madoff cries as she speaks about her son during a news conference held announcing a lawsuit the Madoff's have filed against the tour groups who led a group of teenagers on a hiking and kayaking trip, of showing poor judgment and acting "coldhearted" toward them after their son Tyler Madoff, 15, who was swallowed by the ocean. The Madoff family live in Scarsdale. (Aug. 22, 2012)

Michael Madoff, left, and his wife Marianne react
(Credit: Rory Glaeseman)

Michael Madoff, left, and his wife Marianne react during a news conference held announcing a lawsuit the Madoff's have filed against the tour groups who led a group of teenagers on a hiking and kayaking trip, of showing poor judgment and acting "coldhearted" toward them after their son Tyler Madoff, 15, who was swallowed by the ocean. The Madoff family live in Scarsdale. (Aug. 22, 2012)

Marianne Madoff reacts as her lawyer Susan Karten
(Credit: Rory Glaeseman)

Marianne Madoff reacts as her lawyer Susan Karten describes the day Tyler Madoff, 15, died during a news conference held announcing a lawsuit the Madoff's have filed against the tour groups who led a group of teenagers on a hiking and kayaking trip, of showing poor judgment and acting "coldhearted" toward them after their son Tyler Madoff, 15, who was swallowed by the ocean. The Madoff family live in Scarsdale. (Aug. 22, 2012)

Marianne Madoof, left, holds hands with her lawyer
(Credit: Rory Glaeseman)

Marianne Madoof, left, holds hands with her lawyer Susan Karten during a news conference held announcing a lawsuit the Madoff's have filed against the tour groups who led a group of teenagers on a hiking and kayaking trip, of showing poor judgment and acting "coldhearted" toward them after their son Tyler Madoff, 15, who was swallowed by the ocean. The Madoff family live in Scarsdale. (Aug. 22, 2012)

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Marianne Madoff reacts as her lawyer Susan Karten
(Credit: Rory Glaeseman)

Marianne Madoff reacts as her lawyer Susan Karten describes the day her son, Tyler Madoff, 15, died during a news conference held announcing a lawsuit the Madoff's have filed against the tour groups who led a group of teenagers on a hiking and kayaking trip, of showing poor judgment and acting "coldhearted" toward them after their son Tyler Madoff, 15, who was swallowed by the ocean. The Madoff family live in Scarsdale. (Aug. 22, 2012)

Michael Madoff, left, and his wife Marianne react
(Credit: Rory Glaeseman)

Michael Madoff, left, and his wife Marianne react as they listen to their lawyer speak during a news conference held announcing a lawsuit the Madoff's have filed against the tour groups who led a group of teenagers on a hiking and kayaking trip, of showing poor judgment and acting "coldhearted" toward them after their son Tyler Madoff, 15, who was swallowed by the ocean. The Madoff family live in Scarsdale. (Aug. 22, 2012)

Marianne Madoff, right, and her husband Michael, speak
(Credit: Rory Glaeseman)

Marianne Madoff, right, and her husband Michael, speak with reporters after a news conference held announcing a lawsuit the Madoff's have filed against the tour groups who led a group of teenagers on a hiking and kayaking trip, of showing poor judgment and acting "coldhearted" toward them after their son Tyler Madoff, 15, who was swallowed by the ocean. The Madoff family live in Scarsdale. (Aug. 22, 2012)

Classmates and ultimate frisbee teammates of Tyler Madoff's
(Credit: Leslie Barbaro)

Classmates and ultimate frisbee teammates of Tyler Madoff's from left, Brett Pogostin, Josh Winward, his twin brother Sam Winward and June Winward depart a memorial service for Madoff at the Glen Island Harbour Club in New Rochelle. The 15-year-old from Scarsdale was swept to sea July 4 by giant waves from a tidal pool on Hawaii's Big Island. (July 26, 2012)

Guy Monseair, the youth head coach of the
(Credit: Leslie Barbaro)

Guy Monseair, the youth head coach of the Pelham Community Rowing Association, departs a memorial service for Tyler Madoff, with oars that were used as a tribute, at the Glen Island Harbour Club in New Rochelle. The 15-year-old from Scarsdale was swept to sea July 4 by giant waves from a tidal pool on Hawaii's Big Island. (July 26, 2012)

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Mourners depart a memorial service for Tyler Madoff
(Credit: Leslie Barbaro)

Mourners depart a memorial service for Tyler Madoff at the Glen Island Harbour Club in New Rochelle. The 15-year-old from Scarsdale was swept to sea July 4 by giant waves from a tidal pool on Hawaii's Big Island. (July 26, 2012)

A mourner departs with a yellow flying disc,
(Credit: Leslie Barbaro)

A mourner departs with a yellow flying disc, given out by Tyler Madoff's family to honor his enthusiasm for sports at a memorial service at the Glen Island Harbour Club in New Rochelle. The 15-year-old from Scarsdale was swept to sea July 4 by giant waves from a tidal pool on Hawaii's Big Island. (July 26, 2012)

Mourners depart a memorial service for Tyler Madoff
(Credit: Leslie Barbaro)

Mourners depart a memorial service for Tyler Madoff at the Glen Island Harbour Club in New Rochelle. The 15-year-old from Scarsdale was swept to sea July 4 by giant waves from a tidal pool on Hawaii's Big Island. (July 26, 2012)

Siddharth Motwani, 15, a teammate of Tyler Madoff's
(Credit: Leslie Barbaro)

Siddharth Motwani, 15, a teammate of Tyler Madoff's in the Pelham Community Rowing Association, wears a shirt the team made up for the club nationals held earlier in July, as he departs a memorial service for Madoff at the Glen Island Harbour Club in New Rochelle. The 15-year-old from Scarsdale was swept to sea July 4 by giant waves from a tidal pool on Hawaii's Big Island. (July 26, 2012)

Mourners depart a memorial service for Tyler Madoff
(Credit: Leslie Barbaro)

Mourners depart a memorial service for Tyler Madoff at the Glen Island Harbour Club in New Rochelle. The 15-year-old from Scarsdale was swept to sea July 4 by giant waves from a tidal pool on Hawaii's Big Island. (July 26, 2012)

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Mourners depart a memorial service for Tyler Madoff
(Credit: Leslie Barbaro)

Mourners depart a memorial service for Tyler Madoff at the Glen Island Harbour Club in New Rochelle. The 15-year-old from Scarsdale was swept to sea July 4 by giant waves from a tidal pool on Hawaii's Big Island. (July 26, 2012)

Mourners depart a memorial service for Tyler Madoff
(Credit: Leslie Barbaro)

Mourners depart a memorial service for Tyler Madoff at the Glen Island Harbour Club in New Rochelle. The 15-year-old from Scarsdale was swept to sea July 4 by giant waves from a tidal pool on Hawaii's Big Island. (July 26, 2012)

A program from the memorial service for Tyler
(Credit: Leslie Barbaro)

A program from the memorial service for Tyler Madoff at the Glen Island Harbour Club in New Rochelle. The 15-year-old from Scarsdale was swept to sea July 4 by giant waves from a tidal pool on Hawaii's Big Island. (July 26, 2012)

A program from the memorial service for Tyler
(Credit: Leslie Barbaro)

A program from the memorial service for Tyler Madoff at the Glen Island Harbour Club in New Rochelle. The 15-year-old from Scarsdale was swept to sea July 4 by giant waves from a tidal pool on Hawaii's Big Island. (July 26, 2012)

Mourners depart a memorial service for Tyler Madoff
(Credit: Leslie Barbaro)

Mourners depart a memorial service for Tyler Madoff at the Glen Island Harbour Club in New Rochelle. The 15-year-old from Scarsdale was swept to sea July 4 by giant waves from a tidal pool on Hawaii's Big Island. (July 26, 2012)

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Mourners depart a memorial service for Tyler Madoff
(Credit: Leslie Barbaro)

Mourners depart a memorial service for Tyler Madoff at the Glen Island Harbour Club in New Rochelle. The 15-year-old from Scarsdale was swept to sea July 4 by giant waves from a tidal pool on Hawaii's Big Island. (July 26, 2012)

Mourners depart a memorial service for Tyler Madoff
(Credit: Leslie Barbaro)

Mourners depart a memorial service for Tyler Madoff at the Glen Island Harbour Club in New Rochelle. The 15-year-old from Scarsdale was swept to sea July 4 by giant waves from a tidal pool on Hawaii's Big Island. (July 26, 2012)

Michael Madoff departs a memorial service for his
(Credit: Leslie Barbaro)

Michael Madoff departs a memorial service for his son Tyler Madoff at the Glen Island Harbour Club in New Rochelle. The 15-year-old from Scarsdale was swept to sea July 4 by giant waves from a tidal pool on Hawaii's Big Island. (July 26, 2012)

Brett Pogostin, 16, of Scarsdale, left, shows a
(Credit: AP)

Brett Pogostin, 16, of Scarsdale, left, shows a Frisbee to June Winward of Scasdale in honor of Tyler Madoff, 15, as they leave a memorial service in New Rochelle. At center is Josh Winward, 15, and his brother Sam Winward, 15, right, both of Scarsdale, who, along with Pogostin, were members of the same Ultimate Frisbee team with Madoff. The teen from White Plains was hiking on July 4 during a kayak expedition in Hawaii when he was swept out to sea, authorities said. (July 26, 2012)

Brett Pogostin, 16, of Scarsdale, holds a Frisbee
(Credit: AP)

Brett Pogostin, 16, of Scarsdale, holds a Frisbee given to guests in honor of Tyler Madoff, 15, at a memorial service in New Rochelle. Pogostin was a member the same Ultimate Frisbee team with Madoff. The teen from White Plains, was hiking on July 4, 2012 during a kayak expedition. He was lost while resting at a tidal pool with huge waves. (July 26, 2012)

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A photograph of Tyler Madoff from the Scarsdale
(Credit: Scarsdale High School yearbook)

A photograph of Tyler Madoff from the Scarsdale High School yearbook.

Michael Madoff, left, and his wife, Marianna, speak
(Credit: News12)

Michael Madoff, left, and his wife, Marianna, speak about their son Tyler during a news conference in Hawaii on July 8, 2012. Tyler Madoff, 15, of White Plains, is presumed drowned though his body has not been found in Hawaii's Kealakekua Bay. (July 8, 2012)

A photograph of Tyler Madoff from the Scarsdale
(Credit: The Scarsdale High Yearbook)

A photograph of Tyler Madoff from the Scarsdale High School yearbook.

Michael Madoff, left, speaks with a police officer
(Credit: News12)

Michael Madoff, left, speaks with a police officer in White Plains. His son Tyler Madoff, 15, of White Plains, is presumed drowned, though his body has not been found in Hawaii's Kealakekua Bay. (July 9, 2012)

Tyler Madoff, 15, of White Plains, is presumed
(Credit: News12)

Tyler Madoff, 15, of White Plains, is presumed drowned, though his body has not been found in Hawaii's Kealakekua Bay. (July 9, 2012)

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