
As we saw just a week ago, Bernard L. Madoff was sentenced to 150 years in Federal prison. While him going to jail with effectively a life sentence closes one chapter in the Madoff drama it leaves other chapters without closure.
However, I ask the question, “What has really changed”? Are we to believe that because Madoff went to jail, or, Alan Stanford is about to go to trial (and likely to jail) that we as a general investing public are any better off than we were before? Is our money somehow less at risk because these men were caught? I’m sure that the stories of Bernard Madoff and Alan Stanford will be taught in business schools as famous examples of fraud; likely topping the former king fraudsters of Kenneth Lay (Enron) and Jordan Belfort (Stratton Oakmont). However, no one can guarantee that other people will not perpetrate another fraud similar to these aforementioned characters.
In point of fact, there has been a party to all of these frauds past and present which has gone largely unpunished: the Securities and Exchange Commission (SEC). The SEC received warnings about Bernard Madoff in the late 90’s, and as recent as 2004/2005, yet they did nothing. The SEC received notices and began “probing” R. Alan Stanford’s bank and associated businesses as far back as 2000. Yet, nothing was pursued vigilantly and nothing came to light until arguably too late and too many people got hurt.
So what has changed? Is the Securities and Exchange Commission better prepared to spot fraudulent investment schemes in the future? I doubt it. Unfortunately the SEC is a mish-mosh of red tape and political cock-fighting which, in my opinion, does nothing but get n the way of effective regulation and thus ultimately harms the individual investor in the process. The victims of these frauds need to be made whole or, to the extent possible be compensated for their losses (though by no means do I support the Government bailing out fraud victims). BUT… the SEC needs to take some blame beyond their quiet admission that they ‘may have dropped the ball’.
In my opinion the Securities and Exchange Commission has not properly leveraged in assets in terms of its ability to properly regulate, investigate, and protect the investing public. I’m happy that Bernard Madoff went to jail and Stanford will get his too, but I’d like to see someone over at the SEC catch more heat than being “reassigned” to an alternative sub-department and actually accept some responsibility.
Sound Off: Should people who had knowledge of, or, ignored the signs of Madoff and other fraudsters be sent to jail also?



