Free Essay

Bernie Madoff Downfall

In:

Submitted By slola
Words 1882
Pages 8
Bernie Madoff has become known to many people as the man that perpetrated by far the largest scam in the history. His reputation of a successful investor, financial genius, and a chairman of NASDAQ took a turn for the worst when his so called split strike conversion strategy turned out to be nothing but a huge ponzi scheme affecting thousands of investors from around the globe.
Although many financial advisors questioned his strategy and argued that it is virtually impossible to achieve, he managed to hide his scheme for many years. Why did Madoff got away with his fraud scheme for so many years? This is not a million dollar question as many would argue. The answer comes down to trust and greed. Investors trusted him because he had strong financial expertise and experience, he contributed substantial donations to various charities and foundations, investors were referred to him by friends and family, and he actively served on the board of directors of several high-profile companies. Greed was the other source of keeping Madoff away from getting his successful scam revealed. Investors were getting steady returns on their investments not annually, not quarterly but on a monthly basis. These returns were too good to be true but most of the investors were so happy with the profits they got from Madoff that they did not bother to further investigate and get a better understanding of his strategies.

In essence, the way Madoff orchestrated his fraud scheme was by promising investors fixed returns on their investment at a relatively low risk. To gain trust in current and prospective clients, he told investors that he has using a specific strategy called “split-strike conversion” in which he would select and buy a basket of 35-50 common stocks from the S&P 100 “that would closely mimic the price movements of the S&P100 and he would opportunistically time those purchases, and would be "out of the market” intermittently.” He further claimed that he would hedge the proceeds of investments in the basket of stocks and sell options to secure investments of any sudden changes in the stock prices. In reality though, what Madoff did was using the funds from new investors to pay off returns to early investors as opposed to keeping his promise and invest the funds in stocks, options, and other market securities.
The search of investors was not hard at all. Madoff started small by attracting investors from his own community and later as his business became credible and a great source of generating high profits the flow of funds was coming primarily from referrals made by his current clients.
Among the people who participated, supported, become a victim of, observed, and tipped the regulators of the $36 billion Ponzi scheme that Madoff was so successfully hiding for years were:

Jeffry Picower -was a close friend and one of the earliest investors in Madoff’s hedge fund. Picower has allegedly withdrawn more than $7.2 billion from his investments in Bernie’s investment fund.

Peter Madoff- is Bernie’s younger brother who was in charge with the legitimate business that Madoff was running on the nineteenth floor. Peter has also helped Bernie to develop an electronic system which allowed Bernie to far exceed its competitors buy trading stocks cheaper and faster.

Frank DiPascali - is one of Madoff’s key employee and former chief executive officer who was become aware of the Ponzi scheme in the early stage and continued to cooperate with Bernie with raising more investment capital.

Walter Noel- is the founder and chairman of Fairfield Greenwich Group which is one of the biggest feeder funds to Madoff. The company has placed over $7 billion of investors capital in the fraud hedge fund.

Frank Avellino and Michael Bienes -are the two accountants who helped Madoff to raise money for his business in the early 1960s and although they were sanctioned by SEC for running a fund raiser without proper registration they continued to funnel money in the so called hedge fund that Madoff was handling.

Harry Markopolos - a portfolio manager who first questioned Madoff’s investing methods and later on became the man known to blow the whistle on the ponzi scheme that Madoff was orchestrating. Markopolos has sent several letters to SEC warning them that Madoff’s business was not legitimate.

When it comes to identifying the possible motives that pushed Bernie into committing the largest investment fraud in the United States, money certainly was the biggest motivator along with pressure and power to control. Many people believe that at the beginning Madoff did have true intentions to create a large investment fund and turning it into a successful money maker but during the course of time his unrealistic promises for high returns caught up with him. He felt pressured and continued to raise more capital perhaps rationalizing that he would soon able to catch up and be able to pay its investors real returns on their investment. As the time passed by Bernie found himself in a situation in which all he had left was to continue attracting more investors’ capital to be able to pay off returns to its early investors. He was aware that his scheme will eventually come to an end but he was too afraid to stop, in part because of the public shame, fear to go to jail, and perhaps loosing the very comfortable and luxurious life he was living.
The most important control that could potentially have prevented the fraud from occurring is performing due diligence. Yes, Madoff was able to deceive so many innocent people but if these people did their homework and asked for financial advice, perhaps they would not have lost their funds. Better yet, those who have financial background could have done quick check on the securities they “owned” with Madoff and verify if they matched with the information released on the stock markets.
Other two important controls that were absent and could have deterred the ponzi scheme are monitoring hedge funds and verifying tips and complaints from credible sources. The presence of formal policies for monitoring hedge funds could have been a good control for deterring Madoff’s scheme. For instance the chairman of SEC, Mary Schapiro has suggested several recommendations for deterring investment schemes. Some of them are:
-Creating formal guidance and training the SEC staff to review and evaluate complaints about ponzi schemes or any other investment fraud;
-Requesting that all complaints should be reviewed by at least two trained professionals;
-Training personnel to use any available resource and ask for assistance from SEC units that have higher expertise.
-Establishing a formal protocol for monitoring and utilizing information from news articles, industry analysis for potential violations of the law.

If SEC had implemented these controls earlier and paid close attention to the several warnings they received from Markopolos and other financial analysts, Madoff’s fraud could have been revealed and many investors could have saved their money. SEC however failed. It failed because most of its staff was inexperienced, lacked proper training, and it had delayed the several ongoing examinations on Madoff’s hedge fund. SEC also failed due to poor communication among different units in the organization which allowed Madoff to continue growing his scheme. Another major mistake attributed to SEC is their lack of diligence in verifying Bernie’s trading activities. Should SEC had performed in-depth investigation and contacted third party to validate the transactions that Madoff claimed was doing, SEC would have discovered that Madoff did not execute any transactions at all. In summary, SEC had numerous chances to uncover the huge scheme but it did not do so, in part because of the inexperienced and narrowly focused personnel, inadequate time to check on all complaints, and the intimidation and persuasiveness on Bernie’s behalf.

The red flags of illegal activity were evident during the whole time but many people chose to ignore them because it was Bernie - a trusted man. For example, after becoming a member of Bernie’s team, clients were asked to remain silent about the fund. They were instructed, personally by Bernie to not discuss any information with outsiders because he feared that someone could possibly reveal his genius strategy and begin using it. He was also warning its clients that if they would tell anyone that they are investing with him he would return their money and banned them from the club. In addition, Bernie did not give too many details about his strategy which added to the vagueness of what exactly he was doing to generate high return on invested capital. Another huge red flag was the unusual high returns year after year despite stock market downturns. Investors did not have online access to their accounts and relied upon mailed statements only.
The split strike conversion did make sense to some financial analysts, especially to Harry Markopolos. For instance, the options that Madoff was supposed to purchase should have been more than what was available on the option market. Assuming that he was actually buying these options no one actually recalls seeing or hearing of Madoff or any of his representatives buying huge bulks of options.
A red flag was also an upward slope of the performance line of Madoff’s investment returns which was practically impossible unless the strategies used in generating these returns were illegal. In general, when legitimate investment returns are plotted on a graph the slope will go up and down depending on the behavior of the securities traded.
The most obvious red flag that everyone but Markopolos disregarded was the cost of running the business and keeping up with the high returns of around 12% annually that Madoff was guaranteeing to its clients. It is virtually impossible to make any profit off the transactions Bernie supposedly did.

In December of 2008, Bernie Madoff admitted to committing the biggest investment scam the consequences of which led to massive reforms in SEC. As mentioned earlier, the chairman of SEC had implemented several guidelines which will help protecting investors’ interest and hopefully help the agency’s personnel investigate, prevent, deter, and resolve fraud allegations. Unfortunately, a little has been done for the thousands of innocent investors who knowingly or unknowingly had become victims of Madoff. The total amount of investments put into Bernie’s ponzi scam is approximately $36 billion, and Mr. Irvin Pickard is the trustee, appointed by the court to recover the money. Picard is expected to recover around $7-8 billion which roughly 50 cents on the dollar. Another serious issue that is currently under debate is the money that earlier investors were receiving in a form of returns. Most of those early investors were withdrawing more money than they actually invested.

In conclusion, Bernie Madoff, a man that many people chose to believe in because on his reputation of an ethical person, has become the person responsible for the biggest investment fraud in the history of United States. People respected him so much that they gave their money and followed his rules with no questions asked. Today, however, Bernie is remembered as the person who betrayed his own community without any remorse. Why would he do such thing? What pushed him into committing such crime? What did he do with the money? All these questions were left for open discussion and interpretation because

Similar Documents

Premium Essay

Sec 584 Final Project

...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...

Words: 3522 - Pages: 15

Premium Essay

Bernie Madoff

...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...

Words: 2081 - Pages: 9

Premium Essay

Is Greed Good

...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...

Words: 1326 - Pages: 6

Premium Essay

Bernie Madoff's Ponzi Scheme

...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...

Words: 797 - Pages: 4

Premium Essay

Bernard Lawrence "Bernie" Madoff

...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...

Words: 728 - Pages: 3

Premium Essay

Accounting Ethics

...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...

Words: 1985 - Pages: 8

Premium Essay

Bernard Madoff

...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...

Words: 2506 - Pages: 11

Premium Essay

Ethics at Worldcom

...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...

Words: 1851 - Pages: 8

Premium Essay

Business Regulation Case Study #2

...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...

Words: 3671 - Pages: 15

Premium Essay

Corporate Responsibility

...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...

Words: 1083 - Pages: 5

Premium Essay

Enron Research Paper

...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...

Words: 3098 - Pages: 13

Premium Essay

The Federal Reserve System & Financial Crisis

...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...

Words: 5914 - Pages: 24

Premium Essay

Why Am I

...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...

Words: 32680 - Pages: 131