saying picard's allegations don't make sense, but picard has actually upped the ante. he said over the summer that maybe $5 billion of the proceeds that picr received were fraudulent. now he's saving $7 billion, the full amount, were fraudulent. this is picard continuing to try to rake in all these assets in the one suit we're waiting for, the promise suit, against the sons, andrew and mark. >> and everybody is very curious about that. on a human level as well as, of course, a crucial financial one. thanks so much, scott. >>> get ready to stop trading because jim is searching the high seas. jim on pirate ship, that really would have been a treat. jim is a pirate but on the high seas more questionable. >>> and then are consumers buying more or less. we will ask the ceo of the world's largest wine company. i guess people are drinking more vodka. we will find out, but right now we have some breaking headlines. let's go to phil lebeau. toyota? >> we have toyota's september sales, erin, and they are down 15.1%. in line with all the other major automakers reporting a decline

but the bankruptcy trustee, irving picard, saying in this lawsuit, that the madoff family used bernard madoff's investment security business as the family piggy bank. again, seeking $198.7 million. we're also seeking a comment from shauna madoff, who was a compliance officer at the madoff firm, as well as peter madoff, the close confidante of his brother. and no word back from them yet. the sons saying they disagree with this claim. but irving piccard trying to get everything he can to give back to the victims. >> thanks for the update. we've got about 20 minutes before the closing bell. dow jones industrial average right around the 9500 level. that seems tob the sticking point for the last couple of hours. 9501. maybe it can get back to positive territory. for the nasdaq, take a look at lower by 3.75 points. the s&p 500 as well, interaction to the job numbers this morning, 1,026. bob? >> michelle, for another take on the markets, let's turn to our investor network. straight from annapolis, maryland. adrian day, standing by. we've got weak economic numbers the last few days. is it poss

represents one of the parties being sued in a civil case by the trustee in the madoff case, irving picard. doesn't appear to be any conflict of interest per se, but he is recusing himself and it shows how far and how many people are involved in the madoff case. back to you. >> pretty amazing, bertha. bertha coombs with the latest news. we'll get back to you as that develops. so, tony, you were going to weigh in here on the regulatory story. >> maria, no one can argue with the need to strengthen consumer financial product protection of the we saw that that there were pretty severe holes in the system, and a lack of focus that some of the agencies. so we definitely want to see this. i don't argue with the president's desire to get that done. i do have some concern with the method and structure that he's setting up in this already confusing regulatory system that we have. >> but the consumer protection agency is one agency that really has been triggering a real debate. some people say, look, this is more bureaucracy and we don't necessarily need another agency. >> i think that's exactly the