Posts Tagged ‘bernie madoff’

Madoff Goes to Jail, but What Has Really Changed?

Wednesday, July 8th, 2009

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?

Madoff Gets 150 Years ?!

Tuesday, June 30th, 2009

Today was judgment day for Mr. Bernard L. Madoff, the poster child of ponzi scheme’s. Arguably the largest investment fraud, ever, Bernie Madoff – who operated Bernard L. Madoff Investment Securities duped investors out of purportedly $65 Billion.

After all is said and done, the judge threw the book at Madoff today handing down a ridiculous sentence of 150-years. Let’s be clear: We here at theymadoffwithyourmoney.com applaud his arrest, guilty plea, and subsequent sentencing. While we agree that Bernard Madoff deserves to spend the rest of his life in jail the actual number of years handed out doesn’t really mean anything (the guy is 71 years old – even a 30 year sentence is a life sentence).

Though largely symbolic, the sentence does not offer the victims of Bernie Madoff any restitution or closure other than the obvious knowledge that Madoff will die in prison. Many investors will never see their money returned, especially those who invested through feeder-funds or funds-of-funds; the Securities Investors Protection Corp. (SiPC) is not recognizing losses related to Madoff that were incurred through investment with third parties (like feeder funds).

So what does this all mean? Sadly, essentially nothing. While Madoff will rot in a dank jail cell for the rest of his years, his wife and kids will continue to live free (for now) and the victims will largely never be made whole. The trustee overseeing the liquidation of Bernard L. Madoff Investment Securities, Irving Picard, has only recovered slightly more than $2 Billion which is nowhere near the amount purportedly absconded with.

This is a horrible case, and has caused tremendous heartache, stress, and has destroyed peoples families. We’re glad he will spend the rest of his days in jail, but this is just the closure of one chapter. The real recovery for the victims has yet to begin.

Sound Off:

Do you feel 150 years means anything other than the symbolic meaning? Do you think Madoff deserved more/less?

The Madoff Yard Sale!

Friday, April 17th, 2009


With the arrival of spring comes the proverbial ‘spring cleaning’, and it’s no different in the case of cleaning out the assets of convicted fraudster Bernard L. Madoff. The trustee, Irving Picard, who is in charge of the orderly collection and liquidation of assets from the now closed firm Bernard L. Madoff Investment Securities, is currently attempting to auction off season tickets for the New York Mets.

According to reports, Picard is hoping to sell the opening day tickets and tickets for individual games in April. The remaining season tickets will be sold as a package and Picard plans to utilize the services of a ticket broker to govern the highest bid for the package. The season tickets are valued at a little over $60K, and are apparently in the Delta Club Gold section of the brand spanking new Citi Field. Normal tickets in this section can be as much as $500 per seat per game!

Picard is also apparently working with the New York Mets organization to ensure that other perks of the tickets transfer to the new happy owners like the parking and renewal options. All in all a pretty sweet deal for whomever end up with the tickets. I can just imagine the conversation now between the box owner and his/her guests, “Hey,…you know whose seats these used to be?” Thanks Bernie!

My question is when is the rest of the Madoff yard sale going to commence? We know his boat (excuse me, yacht) deceivingly named “Bull” was already seized by the feds – and we know he’s probably got a slew of fancy cars, and we know he’s got a ridiculous house in Palm Beach, Florida and one in the Hampton’s on the east end of Long Island, New York.

I can only imagine the elaborate furniture, art, and miscellaneous paraphernalia collecting dust in his $7 million New York City Penthouse. What treasures may exist in the vast walk-in closets and jewelry boxes of the Madoff’s – well tailored suits, fine watches, etc.

I think that all the screwed-over investors should have first crack at a Bernie Madoff yard sale! How much fun would it be, if you’re a victim of Madoff, to have access to his entire wardrobe of fine suits and expensive clothing and to set them on fire right in front of the jail he’s locked up in?! Oh the joy one could have with access to one of Bernie’s sports cars, where one could rip through gears without properly shifting ensuring the clutch is burned up, or, spinning endlessly in doughnuts while the expensive tires that come on his expensive car(s) disappear into milky white smoke!

As a matter of fact, being a fan of nice watches I wouldn’t mind having some of Bernie’s collection as I’m sure he probably had a few nice ones!

So, Mr. Picard, if you’re reading this please let me know the date and time of the auction sale and I’ll be there with my checkbook and a smile!

Sound Off:
Do you think Madoff’s assets should be sold to help repay damaged investors? Should his family get to keep certain personal items, like gifts, even in Madoff bought them with fraudulent money?

The Cheese Stands Alone

Monday, March 23rd, 2009


Who saw this guy coming? Wow. Without being overly repetitious given how much press this guy and his ridiculous Ponzi scheme have received already, it’s obvious that Bernard L. Madoff will go down in history as the biggest scam artist of the modern century. He puts others before him to shame; including the likes of Michael Milken, Jordan Belfort, Kenneth Lay (remember Enron), and Bernard Ebbers (former CEO of Worldcom).

He outshines even those among his current peer group including R. Allen Stanford, Nicholas Cozmo (Agape World), and the like. Madoff has become the consummate poster-child for greed, corruption, and dishonesty. He’ll likely have his last name (if not already) coined into an expression for when you get screwed out of money – “You got Madoff’d” comes to mind.

However, we must remember that the current recession (or depression depending on how bearish you are) is not Madoff’s fault, nor is it the cumulative fault of the other fraudsters who similarly squandered their client’s money in poor/fake investments. Rather, it was the collective mentality of Wall Street greed, perpetuated by the pressure amongst traders, bankers, underwriters, CEO’s and Boards of Directors to outperform each other and the competition, fueled by a lack of adequate regulation, ignored by an absentee Securities and Exchange Commission.

Much like a devastating engineering failure, the catalyst of a single event is rarely traced back to a singular cause. Typically many factors need to come into play, in a specific order, to render an outcome. As such, the culmination of all the people, places, and things involved in the economy came together like a perfect storm a la recession 2008/2009.

And now, the Cheese stands alone…apparently. With his allocution in open court last Thursday (Check it out here!), Bernard Madoff asserted that he and he alone carried out his Ponzi scheme. That no one else assisted him in this elaborate ongoing plot of siphoning client money through his investment advisory business is preposterous. His attempt to segregate himself and his brother and two sons from scrutiny is admirable, but ultimately I believe will be in vein since I’m sure the rest of the ‘Justice-Mob’ will come for his wife, brother, and kids after their done running Bernie through the mixer.

It undoubtedly took an “army” of staff, as described by one Madoff victim being interviewed outside court last week, to prepare and send all the client statements, issue the [fake] trade tickets, and keep track of where all the funds were going. It’s logistically impossible for Bernard Madoff to have pulled this off by himself, let alone for the past 20-years, almost. Yet Madoff asserts that the proprietary trading and market making side of his business were, “legitimate and profitable”. Are we really supposed to believe that?

Nevertheless, there is no incentive for Madoff to give anyone else up. There’s no way given the magnitude of his crimes that he would likely get any significant reduction in his sentence for any cooperation. Though I would personally like to drag him into Central Park and beat him repeatedly with a pillowcase filled with doorknobs to elicit his cooperation, his decision to stand alone was the right choice. Despite the fact that his brother and sons were likely directly involved or in the least had knowledge of his actions Madoff chose to protect them, and I respect that (though I respect little else about the man). It’s up to the Government now to figure out the rest of the puzzle.

Sound Off!:

How long do you think Madoff acted alone? Do you think Madoff’s brother, wife, and/or children should be punished even if they weren’t involved, but had knowledge of his fraud?