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White Collar Crime: Ponzi Scheme with a Focus on Bernard Madoff

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White Collar Crime:
Ponzi Scheme with a Focus on Bernard Madoff
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White Collar Crime:
Ponzi Scheme with a Focus on Bernard Madoff Most people, when they hear the word “crime,” think about street crime or violent crime such as murder, rape, theft, or drugs. However, there is another type of crime that has cost people their life savings, investors’ billions of dollars, and has had significant impacts of multiple lives; it is called white collar crime. The Federal Bureau of Investigation defines white collar crime as illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence. Individuals and organizations commit these acts to obtain money, property, or services; to avoid the payment or loss of money or services; or to secure personal or business advantage (as cited in Barnett, n.d., para. 3).
White collar crimes consists of such things as embezzlement, bank fraud, forgery, insider trading and investment schemes. This paper is going to focus on a Ponzi scheme, a type of investment scheme, and Bernard Madoff. Madoff is probably one of the most known offenders when it comes to the Ponzi scheme.
The U.S. Securities and Exchange Commission (SEC) defines a Ponzi scheme as “an investment fraud that involves the payment of purported returns to existing investors from funds contributed by new investors” (U.S. Securities, n.d.). In another words, a person gains the trust of people and asks them to invest money into opportunities that this person claims will produce high profits, usually in a short time, with little to no threat of losing. The money is never really invested but it is used to pay dividends. Once these people start seeing a return on their money, they help in finding other people to invest. Newer “invested” money is used to pay older clients with the rest being pocketed. This may not seem like such a huge deal but when people are seeing big returns on their and other peoples’ investments, they start emptying their life savings into the scheme. The Ponzi scheme usually falls apart when investors start withdrawing their money or there are no new investors. The leader of the Ponzi scheme is a type of con man.
Bernard Madoff may be the biggest and greatest con man when it comes to the Ponzi scheme. In 1960, Madoff opened his business, Bernard L. Madoff Investment Securities (BLMIS), that was supposed to buy and sell stocks and securities but when investors gave him money, he would just deposit it into the bank. The following is his statement during his trial:
Up until I was arrested on December 11, 2008, I never invested these funds in the securities, as I had promised. Instead, those funds were deposited in a bank account at Chase Manhattan Bank. When clients wished to receive the profits they believed they had earned with me or to redeem their principal, I used the money in the Chase Manhattan bank account that belonged to them or other clients to pay the requested funds (as cited in Lewis, 2013). Madoff and his company produced high returns for their clients and “he was viewed as one of the top investors on Wall Street” (Auerbach, 2009). Madoff never really says when he began his Ponzi scheme but evidence suggest that it was sometime in the early 1970s (Lewis, 2013). “Ponzi schemes tend to collapse when it becomes difficult to recruit new investors or when a large number of investors ask to cash out” (U.S. Securities, n.d.). When the 21st century recession began, Madoff’s investors’ started wanting to pull their money out of his fund. Had it not been for the decline of the economy, Madoff may never been caught. Madoff was a very good at what he did and how he portrayed himself. In 1983, Madoff was elected to NASD Advisory Counsel (Colesanti, 2012). Then in 1984, Madoff was elected to NASD Board of Governors (Colesanti, 2012). He became the chairman of the NASDAQ Stock Exchange in 1990 (Colesanti, 2012). This helped in facilitating the confidence of investors and potential investors. One victim, Michael Bienes, after being asked if he ever suspected that Madoff was up to no good, he responded, “Up to no good? He was a god. He was my life” (Lewis, 2011). Another victim describes him as “an approachable man” that “everyone looked up to…and respected” (Lewis, 2011). Carmen Dell’Orefice, former companion of Madoff’s “best friend,” Norman Levy, stated that “I think of him as always smiling,” “quiet and caring,” “shy, but so sure of himself” (Lewis, 2011). “He was able to fool a great many people for a very long time” (Lewis, 2011). Many times in a Ponzi scheme the offender targets people they do not know personally but not Madoff. He had family, friends, employees and even charities and non-profit organizations as investors. “He tapped local money pulled in from country clubs and charity dinners, where investors sought him out to casually plead with him to manage their savings so they could start reaping the steady, solid returns their envied friends were getting” (Colesanti, 2012). “Levy invested $100,000” for Dell’Orefice, who felt honored to be a part of the “exclusive fund” (Lewis, 2010). Sheryl Weinstein, who was a friend of Madoffs for nearly 24 years, lost her entire savings to Madoff’s Ponzi scheme. “The charitable foundation of philanthropist Carl Shapiro had invested about 45 percent of its assets ($345 million) in Madoff's fund” (Auerbach, 2009). It is “estimated that Madoff's scam cost Jewish philanthropies at least $600 million, and possibly as much as $1.5 billion” (Auerbach, 2009). “Obviously, Madoff had effectively concealed that he was capable of such a large and elaborate personal betrayal, of looting the fortunes of close friends who had used their network of friends to further his career” (Lewis, 2011). Madoff made his investors feel like they were part of an exclusive and secretive club. He made his clients think that it was a great opportunity to make money that not just anyone was going to have and that it was exclusive. After extensive investigation, Madoff was finally official charged with a crime. On December 11, 2008, the Securities and Exchange Commission (SEC) finally “charged Bernard L. Madoff and his investment firm, Bernard L. Madoff Investment Securities LLC, with securities fraud for a multi-billion dollar Ponzi scheme that he perpetrated on advisory clients of his firm” (U.S. Securities, 2008). “He pleaded guilty on March 12, 2009, to an eleven-count Information charging securities fraud, investment adviser fraud, mail fraud, wire fraud, three counts of money laundering, false statements, perjury, false filings with the United States Securities and Exchange Commission ("SEC"), and theft from an employee benefit plan” (The FBI, 2009). On June 29, 2009, he was sentenced to 150 years in prison, and “was also ordered to forfeit a total of $170,799,000,000, which represents the total proceeds of and property involved in certain of Madoff's crimes” (The FBI, 2009). Judge Chin said, "No other white collar case is comparable in terms of the scope, duration and enormity of the fraud and the degree of the betrayal” (The FBI, 2009). Madoff tried to claim that he acted alone in his scheme and that no employees were involved. More than 5 years after Madoff plead guilty, five of his employees were also convicted of being involved with his Ponzi scheme. On March 24, 2014, the Manhattan jury “found Daniel Bonventre, Annette Bongiorno, Joann Crupi, A/K/A “Jodi,” Jerome O’hara, and George Perez guilty of all 31 counts in connection with their long-time employment at Bernard L. Madoff Investment Securities” (United States, 2014).
White collar crime is a serious and growing concern throughout the world. On July 30, 2002, President George W. Bush signed the Sarbanes-Oxley Act, which is thought to be “the single most important piece of legislation…since the US securities laws of the early 1930s” (Schmalleger, 2014, pg. 5). White collar crime is not a victimless crime. Such as Madoff’s Ponzi scheme, it can put an end to a company, cost investors billions of dollars, shatter families by cleaning out their life savings, or costing a person or persons their life in prison. People can be lured in very easily when they feel that they are part of something exclusive, especially when it feeds their financial hunger. If an investment seems too good to be true, it may most likely be.

References
Auerbach, M. P. (2009). Bernard Madoff. Bernard Madoff, 1. Biography Reference Center, EBSCOhost
Barnett, Cynthia. (n.d.). The Measurement of White-Collar Crime Using Uniform Crime Reporting (UCR) Data. Retrieved from http://www.fbi.gov/stats-services/about-us/cjis/ucr/nibrs/nibrs_wcc.pdf
Colesanti, J. J. Scott. (2012). Another Madoff Masquerade? Questioning "Securities Fraud" in the Crime and its Cleanup. St. Louis University Law Journal, 56(2), 521-565.
Lewis, L. (2013). The Confidence Game: Of Others and of Bernard Madoff. Society, 50(3), 283-292. doi:10.1007/s12115-013-9656-y
Lewis, L. (2011). How Madoff Did It: Victims' Accounts. Society, 48(1), 70-76. doi:10.1007/s12115-010-9394-3
Schmalleger, Frank. (2014) Criminal Justice: A Brief Introduction. 10th edition.
The FBI: Federal Bureau of Investigation. (2009). Bernard Madoff Sentenced to 150 Years in Prison. Retrieved from http://www.fbi.gov/newyork/press-releases/2009/nyfo062909.htm
United States Department of Justice. (2014).Five Former Employees of Bernard L. Madoff Investment Securities Found Guilty in Manhattan Federal Court on All Counts. Retrieved from http://www.justice.gov/usao/nys/pressreleases/March14/MadoffEmployeesVerdictPR.php
U.S. Securities and Exchange Commission. (2008). SEC Charges Bernard L. Madoff for Multi-Billion Dollar Ponzi Scheme. Retrieved from http://www.sec.gov/news/press/2008/2008-293.htm
U.S. Securities and Exchange Commission. (n.d.) Ponzi Schemes. Retrieved from http://www.sec.gov/answers/ponzi.htm

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