...Bernie Madoff: The Makings of a Ponzi Scheme Brent Casebolt Keller Graduate School of Management Abstract This paper explores seven published articles that report on the story of Bernard Madoff. These articles were the results of research conducted on the internet and include well known publications and authors throughout the United States. Some articles paint a picture of the timeline that brought Bernie Madoff to his ultimate demise. From humble beginnings to Federal prisoner in North Carolina, the story is full of interesting facts and unbelievable occurrences. Other articles bring to life the sad story of other players involved in the Ponzi scheme. While others lay out in great detail the failings of our own government to put Bernie Madoff away much sooner than he was. Finally, this paper will explore the role of digital evidence in this Ponzi scheme and the simplicity of computer hardware and software involved. Bernie Madoff: The Makings of a Ponzi Scheme Bernie Madoff has been one of the most interesting and controversial figures in all of American financial industry history. In this paper, I will take you on a journey from his early childhood to his current status as a Federal prisoner in North Carolina. I will discuss all of the major players involved in the Ponzi scheme, the SEC’s failure to catch him on numerous occasions, and the digital evidence that he did or did not leave behind during his life of crime. After examining all of the above, I...
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...THE RISE AND FALL OF BERNIE MADOFF Bernadette Smith Business Law Professor Kopf 8/22/2010 Bernard Lawrence "Bernie" Madoff , born April 29, 1938 is an incarcerated former American stock broker, investment adviser, non-executive chairman of the NASDAQ stock market, and the admitted operator of what has been described as the largest Ponzi scheme in history. In March 2009, Madoff pleaded guilty to 11 federal crimes and admitted to turning his wealth management business into a massive Ponzi scheme that defrauded thousands of investors of billions of dollars. Madoff said he began the Ponzi scheme in the early 1990s. However, federal investigators believe the fraud began as early as the 1980s, and that the investment operation may never have been legitimate. The amount missing from client accounts, including fabricated gains, was almost $65 billion. The court-appointed trustee estimated actual losses to investors of $18 billion. On June 29, 2009, he was sentenced to 150 years in prison, the maximum allowed. Madoff founded the Wall Street firm Bernard L. Madoff Investment Securities LLC in 1960, and was its chairman until his arrest on December 11, 2008. The firm was one of the top market maker businesses on Wall Street, which bypassed "specialist" firms by directly executing orders over the counter from retail brokers. On December 10, 2008, Madoff's sons told authorities that their father had just confessed to them that the asset management arm of his firm was a massive...
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...history, there have been those who feel that the law is beneath them. This is highly unethical. Many companies have been destroyed because of poor ethical decisions. In turn, the person or people who called out their employers for violating the law end up losing their jobs, and in some instances, getting black-balled in their line of work. There are those who profit from blowing the whistle, aside from that is the risk really worth it? The answer is yes. In spite of the negative employment aspect, whistle blowing shows that a person has enough integrity to risk themselves in order to correct a bad situation. Three whistle blowers come to mind when the topic of ethical integrity arises; Sherron Watkins (Enron), Harry Markopolos (Bernie Madoff), and myself in my current place of employment. Each of us took the ethical high road and risked it all to try and make right what was/is blatantly wrong with the companies or people in question. Watkins & Enron Sherron Watkins worked at Enron for eight years. She sent a seven page letter to her employer mentioning the unethical accounting that was happening in the employee retirement sector. Sherron called it a Ponzi Scheme and worried that those who were making money off other people’s retirement would end up cashing and burning when this scam came to light. Watkins called this unethical treatment of worker’s savings “funny accounting”. She feared that her time at Enron would be considered worthless on her resume. However...
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...A Ponzi scheme “lures investors in by guaranteeing unusually high returns... to avoid having too many investors reclaim their ‘profits,’ Ponzi schemes encourage them to stay in the game and earn even more money” (Yang, 2014). One of the largest Ponzi schemes that has ever happened was pulled off by the prestigious and well respected Bernie Madoff. Madoff had been chairman of NASDAQ at one point and at the time was the founder of Bernard L. Madoff Securities LLC, where he had a position of status and power. This status and recognition was one of the reasons that he was able to pull off the elaborate Ponzi scheme, because no one would have thought he was capable of doing such a thing. Madoff had been running the scheme for several years until he was eventually caught and arrested in 2008. The scandal was a shock to the entire nation, but especially to his investors who had invested billions of dollars only to eventually find out that their money was gone. He tricked everyone and would have kept going had he not gotten caught. How did he intrigue people to invest in him though and trick so many people? Because he was laundering money, he was able to deceive his clients into thinking that there was never a down month and that their money was returning more and more investments as the time...
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...Bernard Lawrence "Bernie" Madoff 1. Describe three types of illegal business behavior alleged against Mr. Madoff and for each type of behavior, explain how the behavior is illegal or unethical in the conduct of business. In March 2009, Madoff pleaded responsible to 11 federal crimes and confessed to turning his wealth management business into a massive Ponzi scheme that cheated thousands of investors of billions of dollars. Madoff said he started the Ponzi plan in the early 1990s. However, the federal investigators believe that the fraud began as early a 1970s and speculation process may never have been lawful. Investigators found out that there were others individuals occupied in the scheme. The U.S. Securities and Exchange Commission (SEC) came under fire for not examining Madoff more thoroughly; inquiries about his firm were lifted as early as 1999. There were some allegations and they are as follows: Monopolizing Trade, this was unlawful according to Sherman Antitrust Act (1890); possessing unfair performs and misleading acts in or affecting commerce, which was prohibited by Federal Trade Commission Act (1914); Fraudulent financial accounting was also unlawful according to Sarbanes-Oxley Act of 2002 2. Name three types of parties who were impacted by the actions of Mr. Madoff and describe how they were impacted. The U.S. Securities and Exchange Commission (SEC) examined Madoff in 1999 and 2000 about concerns that the firm was hiding its customers' orders from other traders...
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...Ethics in Accounting and the Fall of WorldCom Alison Painter Breeden Juanita S. Edwards, CPA ACC 557: Financial Accounting 23 January 2013 Ethics in Accounting and the Fall of WorldCom In 2002, WorldCom was the second largest telecommunications company in the United States, but because of management failures and an unethical accounting culture it went bankrupt. This paper contains a discussion describing corporate ethics currently used in business; WorldCom's background, and the ethical breach; how WorldCom's ethical issue was discovered, describing how management failed to create an ethical environment; and recommendations. A conclusion summarizes the paper. Corporate Ethics If a company is driven by its responsibility to its Shareholders, then it should base its decisions and actions on the best interests of the owners, and generate more profit. If the company is stake-holder driven then its decisions and actions should be based on what is in the best interest of those impacted by the business (Gruble, 2011). Gruble (2011) further argued that "The most widely accepted definition for business ethics says that it is a set of corporate values and codes of principles, which may be written or unwritten, by which a company evaluates its actions and business-related decisions.” WorldCom was a company driven by its responsibility to its shareholders to the point where it began to behave unethically and this ultimately led to its demise. WorldCom History and...
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...Bernard Madoff and the 2008 Financial Crisis On December 11, 2008, the Securities and Exchange Commission (“SEC”) charged and arrested Bernard Madoff and his investment firm, Bernard L. Madoff Investment Securities LLC, with securities fraud for a multi-billion dollar Ponzi scheme. On March 12, 2009, Madoff pled guilty to an 11-count criminal complaint admitting to running an international Ponzi scheme and defrauding thousands of investors. The SEC defines a Ponzi scheme as an investment fund that involves the payment of purported returns to existing investors from funds contributed by new investors (SEC). In the 1920s, the originator of the Ponzi scheme, Charles Ponzi, conned thousands of New England residents into investing in a postage stamp speculation scheme. Ponzi promised his investors returns of 50% in 90 days, which, at the time, was exceptionally high considering the annual interest on bank accounts was only 5% (SEC). Unlike Ponzi, who targeted average people and was very open with his scam, Madoff was very private and targeted wealthy individuals promising them steady returns of 8 – 12% each year. Madoff was perceived as a successful Jewish investor in the financial community and his investment fund was considered as an exclusive membership club. The key to running an ongoing Ponzi scheme is an unlimited supply of new investors because without new incoming money the entire system would collapse. Unlike most Ponzi schemes, which usually fail due to a lack of new...
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...Review of Accounting Ethics ACC557 Financial Accounting Ethics in Accounting and the Fall of WorldCom In 2002, WorldCom was the second largest telecommunications company in the United States, but because of management failures and an unethical accounting culture it went bankrupt. This paper contains a discussion describing corporate ethics currently used in business; WorldCom's background, and the ethical breach; how WorldCom's ethical issue was discovered, describing how management failed to create an ethical environment; and recommendations. A conclusion summarizes the paper. Corporate Ethics If a company is driven by its responsibility to its Shareholders, then it should base its decisions and actions on the best interests of the owners, and generate more profit. If the company is stake-holder driven then its decisions and actions should be based on what is in the best interest of those impacted by the business (Gruble, 2011). Gruble (2011) further argued that "The most widely accepted definition for business ethics says that it is a set of corporate values and codes of principles, which may be written or unwritten, by which a company evaluates its actions and business-related decisions.” WorldCom was a company driven by its responsibility to its shareholders to the point where it began to behave unethically and this ultimately led to its demise. WorldCom History and the Ethics Breach In 1983, two business men, Murray Waldron and William Rector, created a plan...
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...Unit 3 Research Paper # 1 Business Law Outline Thesis--Government Regulation is needed in the U.S. to keep scandals from ruining our businesses livelihood and the financial futures of all Americans. Introduction Many acts have been created because of controversy and scandals that have and continue to happen in the U.S. These acts were introduced to prevent individuals and businesses from losing everything and to help the government to keep individuals and businesses safe from scams. Without these regulations there would be no standards and companies and corporations could do as they please. They also help to monitor the accounting of companies, keep the scandals at a minimum, and watch for trends so we don’t have another stock market crash. Too many people have lost everything when these types of disasters strike. Securities Acts of 1933 and 1934 The Securities Act of 1933 was enacted as a result of the stock market crash of 1929. It was the first major piece of federal legislation to apply to the sale of securities. The legislation was enacted as the need for more information within and about the securities markets was acknowledged. The 1933 Act was based on the idea that companies offering securities should provide potential investors with sufficient information about both the issuer and the securities to make an informed investment decision. The Securities Act of 1934 established the Securities and Exchange Commission (SEC). The 1934 Act also gives...
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...Corporate Social Responsibility The million dollar question; is a company responsible to society or are they in fact only focused on making money? In today’s society, I hypothesize that it’s both. Focusing on Professor’s social responsibility strategies of the obstructionist, defensive, accommodative, and proactive mindset, I personally feel that a majority of companies fall into the accommodative region. These companies focus a little on each of the identified types of responsibility of Economic, legal, and ethical. According to the U.S. Census Bureau there are 5,911,663 businesses with less than 500 employees and 20,425 businesses with over 500 employees. From these numbers one can rationally say that since the majority of the businesses fall below the 500 employee mark most of your responsibilities are at the discretion of a tighter knit group of decision makers and the ability to manage all of the financial burdens of being socially responsible are enormous. With larger companies there is an infrastructure of people that are hired directly to ensure that many social responsibilities are met. Granted we have seen several high profile companies (WorldCom and Enron) that have broken numerous laws, but they are still the exception because these companies are so large it became a mainstream event in regulations, news outlets, and economic impacts. The larger companies comprise less than 1 percent of all businesses in the U.S. so one has to question how many of these...
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...THE COLLAPSE OF ENRON & THE INTRODUCTION OF THE SARBANES OXLEY ACT BY TREVOR GARRETT 02/25/2011 Abstract Enron Corporation was one of the largest energy trading, natural gas and Utilities Company in the world that was based in Huston, Texas. The downfall of Enron is one of the most infamous and shocking events in the financial world, and its reverberations were felt around the globe. Prior to its collapse in 2001, Enron was one of the leading companies in the U.S and considered among top 10 admired corporations and most desired places to work at. Its revenues made up US $139 to $184 billion, assets equaled $62 to $82 billion, and the number of employees reached more than 30,000 people in 20 countries around the world. While on the surface it seemed like the perfect Corporation, internally it had highly decentralized financial control and decision-making structure, which made it practically impossible to get coherent and clear view on corporations' activities and operations. Enron manipulated its books and assets to help it report steady profit growth to Stock Exchanges and Credit-rating agencies. Investors generally are not willing to pay as much for the stock of a volatile trading operation, and this gave rise to manipulations. This paper briefly describes the legal and ethical breaches by Enron, the key factors and events that led to its collapse and the passing of the Sarbanes Oxley Act as a consequence of such a catastrophe. The paper also discusses the...
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...The Federal Reserve System & Financial Crisis Alejandro Cuervo Wilmington University Abstract As we go into our research on the financial crisis of 2007, we will try to answer some questions about what actually cause of the failure of our financial system, which almost collapse the dollar. While there are plenty of faults to go around on what cause this crisis, there was never a clear path on how to reverse the demand that was cause by repealing the Glass-Steagall Act of 1933. Although there has been other regulations and acts pass since the repeal of the Act of 1933, the ability to restore and strength our dollar has been an uphill battle to take control of it. What was known within our economic system to readjust and rebuilt had not worked to establish balance playing field on the world stage or our domestic economy. As we look forward toward corrective action though the Dodd-Frank Act, Sarbanes-Oxley Act or the Global Legal Settlement of 2002 which reduced the conflict of interest as did the Sarbanes-Oakley Act. These conflicts encompass “underwriting and research in investment banks, auditing and consulting in accounting firms and credit assessment and consulting in credit rating agencies.” (Sanati, 2009) So while we have had a slow and diosmose recovery from this crisis, I will try to answer some of the questions presented to us today on our ability to fully recover and instill some preventative measures to ensure a worst and more devastating financial crisis...
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...Week 1 |[pi|Week 1: Business Ethics and International Responsibility (May 1 - May 8) | | |[pic]|Help |[p| |c][| | | | | |ic| |pic| | | | | |] | |] | | | | | | | | | | Week 1 Introduction Hi! It's Week 1, and we're set to go. This course is perhaps a little different from the typical MBA course. Rather than studying the internal workings of a business, we shall instead delve into the legal, political, and social cultures of our city, nation, and world and see how these affect everything we do in business. We shall study the gamut of legal concepts, from product liability, to civil rights, to intellectual property rights, to antitrust and consumer protection. Underpinning all of these legal concepts, however, will be two foundational aspects: (a) the ethical issues within, and (b) the "world view" without. Milton Friedman, Immanual Kant, Blanchard and Peale, Laura Nash . . . these are just a few of the names of ethicists and...
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