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SEC Chair Blasts "Multiple Failures Over At Least A Decade" On Madoff

We've been focusing lately on the growing signs of negligence by the SEC in the Bernie Madoff case. And now the commission itself has done the same.

In an extraordinary admission of failure, SEC chairman Christopher Cox last night ordered a full review by of why his agency failed to act on complaints about Bernard Madoff, citing "deeply troubling" findings in its initial investigation since news broke last week of Madoff's alleged "$50 billion ponzi scheme".

Wrote Cox in a statement:

The Commission has learned that credible and specific allegations regarding Mr. Madoff's financial wrongdoing, going back to at least 1999, were repeatedly brought to the attention of SEC staff, but were never recommended to the Commission for action.

Cox lamented "apparent multiple failures over at least a decade to thoroughly investigate these allegations or at any point to seek formal authority to pursue them."

The past reviews of Madoff's brokerage business -- not the investment business where the alleged fraud took place -- appear to have been little more than cursory. Cox wrote that the commission didn't use its subpoena power, but instead "relied upon information voluntarily produced by Mr. Madoff and his firm."

And there's a suggestion that Madoff's and his family's personal relationships with SEC officials may have led the commission to go easy.

The investigation should also include all staff contact and relationships with the Madoff family and firm, and their impact, if any, on decisions by staff regarding the firm.

Cox added that he had ordered "the mandatory recusal from the ongoing investigation of matters related to SEC v. Madoff of any SEC staff who have had more than insubstantial personal contacts with Mr. Madoff or his family, under guidance to be issued by the Office of the Ethics Counsel."

Madoff's niece, who works as a compliance lawyer at his firm, in 2007 married a former SEC official, who had previously participated in the reviews of Madoff's brokerage business.

Cox wrote that the investigation will be conducted by the SEC's inspector general.


19 Comments

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So what if Madoff lost $50B. Our major banks seem to have misplaced trillions. The result is the same no matter if its from theft or dumbasses running things. Both point to a broken system that is extremely and dangerously centralized.

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F**K you, COX. You're just like the Bush gang when it comes to blame; "somebody else did it".
Cox set the tone of the SEC.

When Bush appointed Cox as head of the SEC, Wall Street swooned. Everyone at the SEC knew COX was Wall Street friendly and oversight by the SEC under COX would be minimal at best.

2 short previews from the net:


Joel Seligman, dean of the Washington University Law School in St. Louis and a noted SEC historian, said Cox is "very unsympathetic to private litigation."

"This likely portends a very dramatic shift in the direction of the SEC," Seligman said. "You're more likely to see an SEC that the Chamber of Commerce and the Business Roundtable are more comfortable with."

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

"Cox, a conservative 16-year veteran of the House, would replace William Donaldson, a Republican who turned out to be a firm regulator and often clashed with GOP business allies during his 2 1/2 years at the helm.

The White House announcement came one day after Donaldson, 74, said he would leave at the end of this month."

"Business groups, which view some SEC regulations as overly burdensome and would like to see them loosened or overturned, welcomed Bush's pick. Advocates for individual investors voiced concerns that Cox might do just as business hopes."


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The SEC's inability to adequately and compentently police the securities markets is no secret to anyone near or around the industry.

The SEC has been woefully understaffed and under resourced since the 1980's (thanks to Reaganomics). Plus, it delegates much of its oversight functions to SROs "self regulatory organizations" (talk about an oxymoron).

On top of that, except for a few accountant types, it is an agency of lawyers, run by lawyers. I am a lawyer and let me tell you, that is no good for anyone.

There are no mysteries to the analysis of the SEC's fundamental failures. The SEC has been a joke for a long, long time.

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webiker,

you're right about the SEC, but this crap permeates most of the Government most of the time, which leads me to the horse I've been flogging here for some time.

Until we clean up the incestuous relationship between the leaders of the Democratic party and the monied interests and return this party to the party of opposition, don't look for any blue skies.


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You are not wrong about some in the Democratic leadership. However, the SEC has been in the control of the Bushies for the last eight years.

It is bad all over when it comes to the top levels of our financial and government worlds.

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We didn't have the full picture then, and we still don't have the full picture now, but admit it to yourself, you knew that the financial markets were in trouble the day that you heard that shoe-man was appointing Cox to the SEC.

Granted, the overall financial mess is not ALL Cox, but Iraq wasn't all Scooter Libby either.

We can blog, write, and bitch all we want, but as long as we live in this, now lawless, country - we're screwed.

And, they didn't just add 20,000 more troops to domestic security to protect your bank account.

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"...repeatedly brought to the attention of SEC staff, but were never recommended to the Commission for action."

This from the guy who led the meeting where Merrill, Bear, Lehman, et al had the rules changed so that they could leverage their assets out to 30X and more. They decided it would be best to be self regulated.

Yes. I'm sure Mr Cox is SHOCKED!

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"It's deeply troubling that the employees of my agency took me seriously when I said 'anything goes' and 'lay off my cronies.'"

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"...repeatedly brought to the attention of SEC staff, but were never recommended to the Commission for action."

This from the guy who led the meeting where Merrill, Bear, Lehman, et al had the rules changed so that they could leverage their assets out to 30X and more. They decided it would be best to be self regulated.

Yes. I'm sure Mr Cox is SHOCKED!

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"...repeatedly brought to the attention of SEC staff, but were never recommended to the Commission for action."

This from the guy who led the meeting where Merrill, Bear, Lehman, et al had the rules changed so that they could leverage their assets out to 30X and more. They decided it would be best to be self regulated.

Yes. I'm sure Mr Cox is SHOCKED!

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Just another abject failure in the SEC career of Chris Cox. The conventional wisdom of Washington used to rant and rave about how brilliant and charming he is. What a joke.

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I'm in the entertainment industry, and I have been hearing that Madoff swindled tons out of artists, exec.s, producers, etc. I am afraid to say that we in the industry are too heavily swayed by someone's "credits" in a global sense (I suspect this to be true in most industries). I am sure you have heard the maxim, "What did you do last year?" Madoff came with great "credits" being a former NASDAQ Chairman, giving Madoff great credibility, thus trust although it be faux. What I would like to say to fellow Industry people, "keep it in your pants!" What I am saying is, we know our Industry, its people and how it works. We know our own animal, so if we are going to invest, invest in ourselves; it is not as risky an investment as perception may indicate.

When you have people who know what they are doing, you have more success than failure. I see it all-the-time: some Wall Street lawyer, etc. decides to be in the entertainment industry, s/he can get the money as they are complete professionals at talking people out of their money, only the lose it faster than virginity in a Bangkok whorehouse.

Many years ago I work for such a company. The CEO was a Wall Street attorney with tons of other people's money and had hired a top Industry executive consultant, only to have the CEO override every crucial decision made by the Exec leaving us all jobless within 9 months. Millions of dollars lost and with egg on our face.

In 2007, I was trying to fund a multi-media project that was about as good as it gets which includes some of the some of the hottest recording artists. I sat for two hours listening to a fund manager from a massive firm (which has so failed that it has been bought by a major bank) explaining this convoluted structured finance scheme that would make a Chinese contortionist say "What!?!" Then came the punchline when he told me that I had put together a winning team and project that would be a success, but the Hedge Funds would never trust me with their money and I would have to hire him as a "virtual CFO" for a 6 figure consultant fee, per year. I told him he was right about not trusting me with managing this senseless multi-layered scheme, and that I was wondering when we were going talk about "making something" and then "selling it". I thanked him for his time and couldn't get to my car fast enough. By the way, this multi-media project has been a fabulous financial success.

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I posted on this before. But look at that photo of Madoff. The guy traded on his face. The face of a Santa. A Jewish Santa - that should have been a tip-off in itself. But those twinkly eyes. The ruddy cheeks. The engaging smile.

How many frauds in history have been perpetrated by people whose faces could hide crimes behind the look of a Santa? Or some such fantasy?

As a psychologist I think about how some kids come into this world with such good looks. And some "trade" on that. On having a face that looks "honest." And instead of living up to the face they were born with, they hide behind it - perpetrating crimes. Not everyone does that. We all make choices in life.

But how does one hide a heart of evil behind a facade like this one? That is a question for the ages!

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Forgive me for any misunderstanding in my post. When I mentioned "Jewish Santa" - I meant that of course Jews do not celebrate Christmas. I meant no aspersion to Jews in general. I apologize if anyone misunderstood my meaning.

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And another thing. Chris Cox's statement yesterday is worth a little less than wiping paper and should be used as such and not used as evidence as to why Madoff did what he did. You can wallpaper it with Lehman Brothers stock. This will require a little more investigation than the vittles dribbling out of the SEC.

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"...repeatedly brought to the attention of SEC staff, but were never recommended to the Commission for action."

This from the guy who led the meeting where Merrill, Bear, Lehman, et al had the rules changed so that they could leverage their assets out to 30X and more. They decided it would be best to be self regulated.

Yes. I'm sure Mr Cox is SHOCKED!

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Yesterday, I looked at the Madoff Foundation 990s filed with IRS and noticed a big investment in Cohmad Securities. (Konigsberg Wolf & Co., a Park Ave firm, audited the foundation's financials.)

Bloomberg News reported today that Bernard Madoff is a co-founder and co-owner of Cohmad Securities which has an office on the same floor as Madoff's company but is based in Boston.

The Massachusetts Secretary of State has subpoened Marcia Beth Cohn, Cohmad's compliance officer.

Robert M. Jaffe is a partner and vice-president of Cohmad Securities and president and principal of M/A/S Capital Corp.

Jaffe and his wife, Ellen Shapiro Jaffe, are big in Palm Beach Society. Jaffe is the chair of the Palm Healthcare Foundation.

For the most part, we've been hearing about the big Jews who lost money with Madoff. What about the big WASPs invested with the Fairchild Greenwich Group?

I wonder if it has dawned on the lockjaw set yet that Walter Noel, Fairchild owner, was colluding with Madoff.

Biff and Muffy will be so sad this Christmas.

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Cox is taking questions now from the press. All softballs.

F***ing A****le.

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Willful negligence. Failure to exercise due diligence. These are crimes. Jetons-les en prison (pour encourager les autres).

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