Bernard Madoff, former chairman of NASDAQ, was arrested last week on charges of securities fraud. Madoff made off with billions of unwitting investors money. Basically, Madoff was running a giant Ponzi scheme where he cheated investors out of 50 billion dollars. By the way, he was only caught because of the flailing stock market and not due to any due diligence of the Securities and Exchange Administration.
Many speculate that Madoff, contrary to his proclamations, could not have pulled off this multi billion dollar fraud without help from someone. We tend to agree. In addition, fraud allegations against Madoff went back years with the SEC asleep at the switch. The SEC admitted that it failed to investigate allegations going back as far as 1999. As a side note: Madoff’s niece is married to former SEC attorney, Eric Swanson, who had examined Madoff’s business for years. Under SEC rules, employees are prohibited from working on cases in which they have a personal interest. Though Madoff’s niece and Swanson were not married during Swanson’s time at the SEC, the two were dating and married soon after Swanson left the agency. The SEC Chairman, Christopher Cox, says that Swanson never worked on any of the serious cases involving Madoff. Why am I inclined to distrust this statement? Cox has launched an Inspector General investigation of the SEC staff. Who did Cox tap as the Inspector General for the investigation, Inspector General Michael Mukasey. However, Mr. Mukasey has since recused himself from the investigation because his son, Marc Mukasey is representing Frank DiPascali, a top financial officer at Madoff’s firm. Michael Mukasey has not said when he became aware of the Madoff situation. Madoffs additional ties to Washington: Mr. Madoff hired a lobbying firm to work on pushing for the 700 million dollar bailout as early as September before it was a public knowledge. Madoff was also very close to regulators and policy makers and ironically was a regular participant in discussions on how to end fraud in the markets. One wonders if Chairman Cox will also be included in the Attorney General probe. The closeness of the regulatory agency to the industry is disturbing and illuminates the growing concern amongst many industry experts and the American people that regulators and industry are way too close. Congress plans to conduct an independent investigation of its own.
Madoff’s Model:
Investors 1,2,3 give Madoff money. Madoff then recruits investors 4,5,6, Madoff then gives their money to investors 1,2,3 and tell them that the great return is due to his successful investment strategy. And so n, and so on, and so on.
Red Flags in Madoff case:
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Complaints sent to the SEC
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Newspaper and chat room questions asking how is he doing this
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No paperwork substantiating claim of regular inspection by SEC of brokerage firm
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Investment returns unrealistic
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No independent Chief Financial officer
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No independent clearing opreration verifying that trade tickets were real
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Madoff investors were suspicious
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Madoff audited by a tiny obscure firm in New York operating out of a storefront
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Claim to be technologically advanced when he was using snail mail to transmit records.
Madoff consistently delivered strong results. People begged to invest their money with him. Many of these people were people investing their life savings of one to five million dollars with Madoff. Now they have nothing. Madoff distributed the remaining two to three hundred million of the $50 billion to family and friends who had invested with him before admitting to his wrongdoing. I see lawsuits. Defendant Madoff returned to his $7 million dollar Manhattan apartment yesterday after being released on bail. The former NASDAQ Chairman is under house arrest and is wearing an electronic ankle bracelet
Good News:
President-elect Obama will nominate the first female SEC Chairman in history, Mary Schapiro. Schapiro served as a Commissioner of the SEC under Reagan in 1988 and was reappointed by Bush 42 in 1989. She then serve as acting SEC Chairman in the Clinton Administration and then appointed as chairwoman of the Commodities Futures Trading Commission in 1994. Schapiro is currently the CEO of the Financial Industry Regulatory Authority.