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SEC Vet: Commission Missed Some "Classic Red Flags" On Madoff

A securities enforcement veteran has added his name to the growing consensus that the SEC's failure to detect Bernard Madoff's alleged "$50 billion ponzi scheme" likely represented a serious failure on the part of the commission.

Robert Fusfeld, who spent 31 years as an SEC enforcement lawyer, and for 15 managed the trial unit in the commission's Denver office before retiring in 2006, told TPMmuckraker in an interview last night that Madoff's profile contained several "classic red flags" that should have attracted the SEC's attention.

Among those, he said, were the facts that Madoff's outside auditor was a three-person firm operating out of a small suburban office (one employee was a secretary, and another a 78-year old living in Florida); that Madoff is said to have used a secretive "black box" algorithm to determine when to buy and sell stocks; and that he had social ties -- often through the Jewish community -- to many of his investors.

Fusfeld said that these characteristics should certainly have alerted enforcement lawyers to the possibility of fraud -- though he stressed that he had no direct knowledge of the case, and that the facts still remained opaque.

On Tuesday night, SEC chair Chris Cox acknowledged in a statement that there had been "apparent multiple failures over at least a decade" to thoroughly investigate claims against Madoff.

Since 1999, the SEC has conducted several reviews of Madoff's brokerage business -- though none, it appears, of his investment advisory business, where the fraud is alleged to have taken place. A 2005 inquiry found several rule violations, but a subsequent review last year -- conducted after he had registered with the commission in 2006 -- gave Madoff a clean bill of health.

Fusfeld added that during the 90's he had used Madoff as a witness in a securities case to which Madoff was tangentially connected. "The man had charisma," said Fusfeld."He was one of those people that, when he walked into a room, everyone stopped what they were doing and watched him."

Had the SEC watched him a little closer, however, numerous investors might have been saved some crippling losses.


25 Comments

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You say "missed", I say "ignored". Probably most accurate to preface that adjective with the adverb "intentionally"...

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You say "missed", I say "ignored". Probably most accurate to preface that adjective with the adverb "intentionally"...

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Except for the size of the fraud and the names involved this is really a garden variety investment fraud. Usually the people swindled are relatives, friends and neighbors of the crook. The crook is usually well respected and charismatic. People trust him.

I have often wondered if the crook always starts off with fraud in mind or if it evolves when he is unable to meet unreasonable expectations.

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ronbyers says:

"I have often wondered if the crook always starts off with fraud in mind or if it evolves when he is unable to meet unreasonable expectations."

ron, excellent subject for a study.

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I think in no small part Madoff got away with no serious inquiries into his firm because he was, after all, a past president of NASDAQ.

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Is it easier for a big guy - with friends, money, and contacts - to get away with something like this? Maybe money does by privilege?

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If only he had been watched as carefully a Martha Stewart.

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If only he had been watched as carefully a Martha Stewart.

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Agathena,

truly.

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What's interesting is to reflect back to the last 8 go-go years where the repugs held the Executive and the legislative for the first six. All they were concerned with was people become shareholders of wealth in the economy ... it didn't matter how. Thus, all the barriers were remove to facilitate the ramp up for individual investment on a scale unknown.

So were does the blame fall? On the consumer who was egged on to invest for the greater good, or the government side for removing barriers to protect investors from corporate greed that tends to bleed the investor to death?

While I understand the conservative view point, however, I disagree with their methodology ... welcome to their worldly view. Unfortunately, the elected representatives in both House and Senate are all hell-bent on destroying what the Democrats are trying to nurture back to health. They don't realize the public interest trumps the Party interest .

The federal government needs to have specific parts free from legislative and executive branch interference in order to protect the monetary self-interest of the public. Our retirement and personal investments should be hands-off to legislative and executive machinations. As personal investors, we need to trust the people and institution we put our money into and we need the government to be the watch-dog to make sure our interests are protected to the full extent of the law. Unfortunately, the reverse has been true ... the people and institutions are protected by the legislation and executive while the public has been fleeced.

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What's interesting is to reflect back to the last 8 go-go years where the repugs held the Executive and the legislative for the first six. All they were concerned with was people become shareholders of wealth in the economy ... it didn't matter how. Thus, all the barriers were remove to facilitate the ramp up for individual investment on a scale unknown.

So were does the blame fall? On the consumer who was egged on to invest for the greater good, or the government side for removing barriers to protect investors from corporate greed that tends to bleed the investor to death?

While I understand the conservative view point, however, I disagree with their methodology ... welcome to their worldly view. Unfortunately, the elected representatives in both House and Senate are all hell-bent on destroying what the Democrats are trying to nurture back to health. They don't realize the public interest trumps the Party interest .

The federal government needs to have specific parts free from legislative and executive branch interference in order to protect the monetary self-interest of the public. Our retirement and personal investments should be hands-off to legislative and executive machinations. As personal investors, we need to trust the people and institution we put our money into and we need the government to be the watch-dog to make sure our interests are protected to the full extent of the law. Unfortunately, the reverse has been true ... the people and institutions are protected by the legislation and executive while the public has been fleeced.

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I have a suspicion that many who invested with Madoff are the type who support "free market capitalism" and are of the mind that "Government is the problem".

Words to go bankrupt by:

'Get Government out of the way and let the markets work!'

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The theory behind reduced or non-existent oversight of hedge funds is that the investors are large and can take care of themselves. If you look at the eye popping numbers they claim to routinely generate you have to wonder whether many or all of them aren't giant Ponzi schemes.

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It's just more of Bush's legacy of ruin. So much for the Cox guarding the henhouse.
Enron taught them nothing.
"Voluntary" self-regulation doesn't work.

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Is this man's actions not justification for capital punishment? I'm serious. In China they would march this man out to a field and have a soldier shoot him in the back of the head with his rifle. And it wouldn't take much longer than a trial and sentencing.

This man stole $50 Billion dollars. His actions alone damaged the national economy. If he is guilty of this fraud he should be severely punished. And the fact that he won't be, nor will any of the other Wall Street fraudsters, is the principal reason why our economy is faltering from "lack of confidence". IOW: their 'confidence game' has destroyed confidence in the entire market.

I think that's worth executing the man for.

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My neighbor did this to his friends and family and is now a guest of the correctional system for 8 years. He took a couple million before he got caught, and, aside from some modest home renovation, had nothing to show for it.
He just didn't think big enough.

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I think it's interesting that every Ponzi scheme has a "McGuffin," a thing at the center of the scheme that takes the center of attention but really is just a meaningless diversion. Madoff's McGuffin was his "Secret Sauce" black-box algorithm (which didn't, apparently, even exist). But what was really driving the scheme was the ever-increasing pool of new investors and new capital. When that stopped increasing (and, worse, people tried to take their money out), the scheme collapsed.

In the subprime mess as a whole, all the funny money, the insane leveraging, the bullshit derivatives, the bonuses, all depended, not on some new theory of the market, but on one simple ridiculous, unsupported assumption -- that real estate would always go up in price, thereby papering over all the leveraging and looniness. It was essentially a perpetual motion machine, a huge Ponzi scheme.

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Why are so many of us leaving the same comment twice?

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Why are so many of us leaving the same comment twice?

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Two simple questions, really. First, why are we continually subjected to this asshole's face ? Second, why isn't he in the general population at jail, instead of living in his luxury apartments ?

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Because... (drum roll, please)... HE'S STILL RICH!

Move along, little people. We'll sit down with Mr. Madoff and hammer out an agreement about where he went wrong, and he'll promise not to do it again. It was probably just irrational exuberance.

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Make no mistake, when Cox was appointed this position it was abundantly clear he was put there for the purpose that there would be no important oversight done. Members of both the house and the senate republican party were all over tv saying he would be just terrific--why, because he would let the free markets work. They did not and now we are on the hook--the taxpayers.


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He was given a pass all those years by regulators in responsibility to protect citizens from fraud.

Because of his particular ethnic affiliation, the same found in highly-placed oversight officers.

Because this type of corruption is SO PERVASIVE, we cannot discuss it publicly, least in here.

Any other ethnic affiliation, this simply could not have ever happened, by orders of magnitude.

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Quite a few charities based in NY have been hurt including the Innocence Project which goes around the country DNA testing pre-DNA evidence cases and it's work has freed hundreds of wrongly convicted persons. This includes nearly 100 on DEATH ROW. What should we tell the other innocent prisoners? Hope we can get more donations before they inject you! This is a small example of the impacts of the crime on real people.

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Wonder if Bernie will do a Kenny.

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