Pat Dollard

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A medical examiner arrives at the the apartment building where Mark Madoff resides on Saturday, Dec. 11, 2010 in New York.

Update: Fox News is reporting that his two-year old kid was in the apartment, while his wife was in Florida

New York (AP) – One of Bernard Madoff’s sons was found dead Saturday of an apparent suicide, according to a law enforcement official.

Mark Madoff, 46, was found hanged in his apartment in Manhattan’s SoHo section, according to the official. A family member notified police around 7:30 a.m.

The official spoke to the AP on the condition of anonymity because he wasn’t allowed to speak publicly about the case.

Mark Madoff and his brother, Andrew, were under investigation but hadn’t faced any criminal charges in the massive Ponzi scheme that led to their father’s jailing.

Bernard Madoff swindled a long list of investors out of billions of dollars and is serving a 150-year prison term in North Carolina.

The scandal put a harsh light on members of the swindler’s family. The financier’s brother, Peter, played a prominent role in the family’s company. Mark and Andrew Madoff both worked on a trading desk at the firm, on a side of the business that wasn’t directly involved in the Ponzi scheme.

A year ago, the court-appointed trustee trying to unravel Madoff’s financial affairs sued several members of the family, including the brothers, accusing them of failing to detect the fraud while living lavish lifestyles financed with the family’s ill-gotten fortune.

The lawsuit accused Mark Madoff of using $66 million he received improperly to buy luxury homes in New York City, Nantucket and Connecticut.

In February, Mark Madoff’s wife petitioned a court to change her last name, saying her family had gotten threats and was humiliated by the scandal.

A call to Mark Madoff’s attorney and his father’s attorney was not immediately returned Saturday. Calls to the FBI and U.S. Attorney’s office were also not immediately returned.