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SEC Didn't Probe Madoff's Investment Biz -- Despite Complaints

Four days after Bernard Madoff was arrested for allegedly running a "$50 billion ponzi scheme" disguised as an investment advisory business, attention is beginning to focus on what looks like a glaring failure of oversight by government regulators.

Let's step back for a second. Part of what may have helped Madoff escape scrutiny is that his company consisted of two separate arms -- a securities brokerage, which acted as a middleman between buyers and sellers of shares, and a straight investment business. According to the SEC complaint filed last week, Madoff ran the investment arm as a secretive business separate from the brokerage, and it was this arm that was used to perpetrate the alleged fraud.

Bloomberg reported yesterday that since Madoff registered the investment arm with the Securities and Exchange Commission in 2006, that agency hadn't got around to looking at the business's books. The SEC usually tries to go through the books of newly registered firms in their first year.

"If the SEC didn't come in and inspect (the Madoff hedge fund), then they have a hell of a lot to answer for," one expert told the Associated Press.

But the problem doesn't appear to have started in 2006.

As early as 1999, an executive in the securities industry had urged the SEC to probe Madoff, on the basis of the remarkably steady returns that his investment business seemed to provide. The executive, Harry Markopolos, argued that Madoff must be generating those returns by "front-running" -- that is, using the brokerage arm of his company to illegally provide information to the investment arm.

The SEC said in a statement that it had conducted two investigations into the brokerage arm -- not the investment arm -- of Madoff's company, in 2005 and 2007. The first, begun in response to allegations of front-running, found three violations of rules requiring brokers to obtain the best possible price for customer orders. That investigation appears to have led to Madoff agreeing to register with the SEC the following year, giving the agency access to far more information than it previously had. But the 2007 probe, conducted after Madoff registered, found no evidence of anything improper.

It's unclear why the probes focused on the brokerage arm when it was the investment arm that had generated complaints in the past -- and which apparently would have been the arm that improperly profited from any front-running activity.

So there are still far more questions than answers, including in regard to the performance of government regulators. But so far, the SEC doesn't appear to have covered itself in glory on this one.


19 Comments

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No problems mate! You who were bamboozled, are the Privileged. Our government will appropriate monies to cover your lose, and guarantee your expected rate of return.

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"If the SEC didn't come in and inspect (the Madoff hedge fund), then they have a hell of a lot to answer for,"

Anyone venture to guess how long these clowns went before investigating their own monthly checks?

We will continue our downhill slide until (or unless) those in charge are replace with new folks who have actuall repercussions for not doing their jobs...

Probably a few years too late to actually effect a change in Washington, though...

Let's see 1776 to 2008... it'll make the history books for future nations... IF they teach THEIR kids to actually LEARN from past mistakes... IMHO

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Could you guys do a little homework? I think that the investment arm is EXEMPT from SEC oversight on the basis that is only offered to high net worth individuals. I am not an SEC expert, but I know there are lots of exemptions -- the fact that the SEC made his brokerage arm register tells you that it's jurisdiction is not exactly universal.

Also, note that the complaint was lodged by a competitor, and that "they must be cheating because . . ." isn't much of a basis in fact for actually proving fraud.

The whole point of all these high net worth exemptions for things like hedge funds is that they are purportedly being sold to people savvy enough to ask the right questions and so don't need to be pestered by all these SEC rules, which just get in the way of good returns.

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I think it would be great if the SEC used the reasons we hear all the time from other forms of law enforcement: it's a hard job, underfunded, etc.

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I guess the more things change, the more they stay the same. An ineffectictive S.E.C., dupes willing to be fleeced and a Congress that is just about as worthless as tits on a bull.
Madoff wasn't the only s*%t to hit the fan last week. Strange that the MSM didn't seem to want to mention a larger scam last wekk in which a civil class action lawsuite was filed in Federal court against good old Robert Rubin and oths associated with Citibank to the tune of 122 billion dollars. Yes, things are looking up for entitled elitists these days.

The arrest of financier Bernard Madoff Thursday for operating a "Ponzi scheme" costing investors $50 billion made the TV network news. Curiously, a lawsuit the same day against Clinton Treasury Secretary Robert Rubin for defrauding Citibank shareholders of more than $122 billion, also described as a "Ponzi scheme," got no airplay whatsoever.

Rubin, a Director of Citibank, profited from the shady practices that destroyed the financial system and sent the world's economies into a tailspin. Then, to repair the damage, he and his banker friends put the taxpayer on the hook for trillions.

Could Rubin not have received the same publicity as Madoff because of his close connection to Barack Obama?

Robert Rubin's son Jamie was Obama's main Wall Street fundraiser and is now one of his principal advisers. More significant, Obama's economic team consists of Rubin's proteges including Timothy Geithner, Treasury Secretary, Lawrence Summers, Senior Economic Adviser and Peter Orszag, Budget Director. The Times of London has already dubbed them the "Robert Rubin Memorial All Stars."

Clearly, the media don't want people to realize that the candidate of "Change" chose the people responsible for this calamity to be his "economic team." While in the Clinton White House, Rubin, with Summers, helped tear down the regulatory walls between banks, brokerages and insurance companies and freed them to trade in unregulated and little-understood derivatives worth trillions of dollars.


THE LAW SUIT

In an article entitled "Ponzi Scheme at CITI," the New York Post reported: "A new Citigroup scandal is engulfing Robert Rubin and his former disciple Chuck Prince for their roles in an alleged Ponzi-style scheme that's now choking world banking.

Director Rubin and ousted CEO Prince - and their lieutenants over the past five years - are named in a federal lawsuit for an alleged complex cover-up of toxic securities that spread across the globe, wiping out trillions of dollars in their destructive paths.

Investor-plaintiffs in the suit accuse Citi management of overseeing the repackaging of unmarketable collateralized debt obligations (CDOs) that no one wanted - and then reselling them to Citi and hiding the poisonous exposure off the books in shell entities.

The lawsuit said that when the bottom fell out of the shaky assets in the past year, Citi's stock collapsed, wiping out more than $122 billion of shareholder value.

However, Rubin and other top insiders were able to keep Citi shares afloat until they could cash out more than $150 million for themselves in "suspicious" stock sales" calculated to maximize the personal benefits from undisclosed inside information," the lawsuit said.

The latest troubles for Rubin, Prince and others emerged in a 500-page investigation by Citigroup investors represented by law firm Kirby McInerney.

The probe was used to amend and add new details to a blanket investor lawsuit filed against Citigroup a year ago. The amended suit called the actions of Citi leaders "a quasi-Ponzi scheme" to hide troubles - and keep Citi stock afloat while insiders unloaded about 3 million shares between Jan. 1, 2004 and Feb. 22, 2008 for huge profits.

In addition to Citigroup, Rubin and Prince, the complaint names Vice Chairman Lewis Kaden, ex-CFO Sallie Krawcheck and her successor CFO Gary Crittenden.

Rubin cleared $30.6 million on his stock sales, while Prince got $26.5 million, former COO Robert Druskin got nearly $32 million and former Global Wealth Management unit chief Todd Thomson got $25.7 million, the suit said."

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My good people, the problem was not too little regulation, but rather too MUCH regulation! Yes, that's what has led to this unfortunate irregularity - too much regulation. Why, the mere unlikely scintilla of a chance that one day, in the remote future, the SEC might by happenstance cast a jaded passing glance at the Madoff hedge fund's accounting must have pressured Mr. Madoff unbearably -- drove him, if you will, into madness and Ponzi scheming. Obviously, the only way to avoid future repeats of events of this nature is to abolish the SEC altogether. Or at least greatly weaken it. Rely only on voluntary self-regulation, that's my motto!

A BANK CEO

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Re: "note that the complaint was lodged by a competitor, and that 'they must be cheating because . . .' isn't much of a basis in fact for actually proving fraud." You don't need to prove fraud for the SEC to investigate potential fraud. The expectation that a reasonable person should have known there was fraud in this instance is apparently strong enough even without further investigation that the Trustee is already considering forcing those who got out of the Madoff firm as long as 2 years ago or more to share in the losses by returning a portion of their withdrawals.

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Of course -- they could follow up on any tip. But the more details that are provided, the more likely it is that they will follow up. So if an employee of the firm had gone to them and said that Madoff was doing x, y, and z to falsely show a steady rate of return, it would be more likely to generate an actual investigation. That's my main point -- agencies receive hundreds and even thousands of "tips" or "complaints" like this and they have to figure out which ones to follow up on based on who is complaining and how much specific information they have. In this case, it appears to have been a competitor without much specific information. However, one thing to note is that there was at least one advisor who told its clients not to invest with Madoff because they could not duplicate his returns using the strategy he claimed to be using. If THEY had gone to the SEC, it's more likely to have triggered interest -- and I wonder why they didn't.

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"...a glaring failure of oversight by government regulators..."

No. Not possible. Not in the Good Old U.S. of A. Not with CONSERVATIVES running things.

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There is an exemption from investment adviser registration for firms that provide advice to less than 15 clients and do not hold themselves out to the public.

What's amazing is that Madoff's advisory firm was registered with the SEC at all. The SEC enacted regulations requiring the registration of hedge fund advisers (though not the hedge funds themselves) in (I believe) 2005; however, the regulation was subsequently thrown out by the US Court of Appeals in DC.

The question to ask, then, is why did Madoff's advisory firm remain registered - inviting (though apparently not receiving) SEC attention - after registration was no longer required? Did he need to add clients 15 through 19 to obtain funds to pay clients 1 through 14? But if so, why not simply establish another advisory firm? Or was he, perhaps, asking to be found out?

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Right, I am genuinely puzzled by his status as a regulated entity.

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most of the savvy investors didn't believe in excess regulations because they would harm profits and get in the way of financial geniuses like Madoff. The free market knows how to correct and police itself. Now that $50 billion is gone, let the free market find where it went.

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Impeach Chris Cox. The SEC has done what it has done--and failed to do what it was supposed to do-- under him because he is a "free market" ideologue of the most radical and repugnant sort. Since he is appointed by the President, I think (please correct me if I'm wrong) that he can only be removed from office by an impeachment and conviction process in Congress. Obviously this won't solve all the problems, but it would be a good step to hold this complete a**hole accountable. Let's start naming names, people!

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You forget, Nancy Pelosi took impeachment "off the table".

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Don't fall into the Enron trap! Seriously, one reason why Republicans start ginning for the blood of people like Cox is that they are trying to prevent you and me from pushing for greater regulation. If the failure was, as I believe, because the SEC lacks sufficient authority or resources, that calls for more or different regulations and greater resources. The "one bad apple" crap that "should have been" handled by that "bad regulator" using existing resources and existing authority is exactly how they want you to see things -- to avoid real oversight with real teeth.

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No one said anything about "one bad apple." Obviously more regulation is called for. And obviously the entire financial system is crawling with bad apples. But if the guy in charge of the SEC is a mad ideologue for deregulation, what are the chances that regulations will be followed? We need to get rid of him as well as creating stronger regulations. Not mutually exclusive alternatives. I'm not sure that Pelosi took impeachment off the table for the head of the SEC. Anyone?

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Not mutually exclusive for you, but it is for others. One of the reasons why Enron didn't lead to more regulation (well, among many others) was that it was too easy to pin the failure on "evil individuals," without mentioning that one of the salutary effects of regulation is to give such individuals far fewer opportunities to work their evil. That's why, even when I can see that people like Andy Fastow are truly greedy and culpable, I think it's more fruitful to focus on HOW they got away with what they did, which almost always leads back to a failure of regulation and oversight.

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Collusion has to be the answer. Despite what you read in the press, it was pretty easy to figure out something was amiss with Madoff's operations.

Madoff's "audit firm", Friehling & Horowitz operated out of a 13X18 room in New City NY. The firm consists of one partner in his late 70s who lives in Florida, a secretary, and one active accountant.

Anyone who knew about Friehling & Horowitz would have suspected Madoff was a fraud.

Madoff's sons knew about Friehling & Horowitz and so did the financial institutions that invested with him. I bet some people were getting paid off to keep quiet.

This nonsense about Madoff's operations being so secret that no one could have known about the fraud reminds me of Enron.

Remember the dipshit accountants on televison assuring viewers that Enron's operations were so complex no one could have been expected to understand them? The morons never mentioned the fact that Enron's gross margin percentage was fast approaching zero.

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It will be interesting to see the track taken of the movers and shakers like Zuckerman.

News Item:

Chuck Schumer returned Madoff's contributions.

Heh, if it wasn't for people like Schumer it would have been more difficult for cretins like Madoff to pull this shit. Schumer stii can't wash the stain from his hands.

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