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Madoff's Confession Points Up SEC Failure

It's fair to say that the incompetence and fecklessness of the SEC in failing to catch Bernie Madoff's $50 billion Ponzi scheme (merely "alleged" no more!) has already been pretty well established -- by this guy, among others.

But if anything, Madoff's courtroom confession delivered yesterday only makes the extent of the SEC's screwup even more startlingly clear.

Here's what Madoff said:

To conceal my fraud, I misrepresented to clients, employees and others, that I purchased securities for clients in overseas markets. Indeed, when the United States Securities and Exchange Commission asked me to testify as part of an investigation they were conducting about my investment advisory business, I knowingly gave false testimony under oath to the staff of the SEC on May 19, 2006 that I executed trades of common stock on behalf of my investment advisory clients and that I purchased and sold the equities that were part of my investment strategy in European markets. In that session with the SEC, which took place here in Manhattan, New York, I also knowingly gave false testimony under oath that I had executed options contracts on behalf of my investment advisory clients and that my firm had custody of the assets managed on behalf of my investment advisory clients.

And here's how the SEC -- in a memo that recommended closing that inquiry, having found only minor violations -- what appears to be that same piece of testimony:

[I]n the course of a preliminary inquiry into [Markopolos' allegations that Madoff's hedge fund profits were the result of fraud], the staff learned that during a recent examination of BLM by NERO's broker-dealer examination staff, Bernard Madoff, the sole owner of BLM, did not fully disclose to the examination staff either the nature of the trading conducted in the hedge fund accounts or the number of such accounts at BLM.

But of course, it wasn't that he didn't fully disclose the trading information. It's that he wasn't even making any trades, and had directed his staff to create false tickets to fool investors. Presumably, that deception could have been detected had the SEC simply bothered to try to match up those trade with the supposed counter-parties -- who didn't exist.

The SEC had another chance to catch that scheme when Madoff filed reports with the agency that year. Madoff said yesterday:

Another way that I concealed my fraud was through the filing of false and misleading certified audit reports and financial statements with the SEC. I knew that these audit reports and financial statements were false and that they would also be sent to clients. These reports, which were prepared here in the Southern District of New York, among things, falsely reflected my firm's liabilities as a result of my intentional failure to purchase securities on behalf of my advisory clients.

"Were there sufficient red flags for SEC to have caught this?" asked Ross Albert, a former SEC senior special counsel, asked in an interview with TPMmuckraker last December. "Absolutely, without a doubt."

Since then, that conclusion has become only more indisputable. And the case for those additional SEC funds has grown only stronger.


18 Comments

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Well when you defang the regulators, guess what? the wheels do indeed fall off.

the cult of the Money Manager, Investment Banker and/or CEO has to stop. These men are not gods.

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What's the connection between Bush leaving office, and all these money-grubbing skanks coming out of the woodwork? Ko-inky-dink?

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The SEC didn't "fail"! They succeeded. Wildly. They were supposed to turn a blind eye to regulation when it involved good Republicans. The only high profile prosecution by the SEC after Enron was that of Martha Stewart who arguably did far less illegally than most of the people commenting on CNBC. They wouldn't have touched Enron either if it hadn't been early on and failed so publically. Let's stop using the term "fail" when talking about Bush's SEC because failure presumes that they tried and didn't succeed.

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I always wondered if it was because she supported Democrats.

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Once again the blame is being placed on an organization rather than where it belongs - with people within that organization.

Start naming names!

Who were the people in the SEC who were responsible to oversee the operations of Bernie Madoff?

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Where did the money go? Who was Madoff really working for?

Bush Admninistration?
SEC perhaps?
D.O.D.?
Treasury Department?

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Himself.

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Israel?

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Is it correct and/or are there similarities between Mr. Madoff and Enron/then Citigroup,Chairman,Rubin and Ms. Hilary Clinton/Mr. Mark Rich,Commodity Trading and other so-called concerns, schemes and/or allegations and for our US Executive, Legislative and Judicary to more thoroughly and fully act appropriately and as expected, especially to the full and complete US Constitutional, Bill of Rights mandate(s) with proper and forthright Transparency, Oversight and Accountability and within the False Claims Act and the 'FEDERAL EMPLOYEE WHISTLEBLOWER PROTECTION RESTORATION ENHANCEMENT ACT'(!!!!!) and without the implementation of the death penalty, torture, illegal secercy, illegal war, illegal rendition, etcetra?

Would it be a welcome and needed expected compliment to and for all to bring back Habeas Corpus, fair and equal Representation for all and within the proper and forthright endeavors towards respect and regards to our US Constitution, Bill of Rights mandate and Declarations towards God, Man and Country with the endeavors towards Life, Liberty and the Pursuit of Happiness for All?

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Chris Cox came to the SEC with the Bush/Cheney doctrine of "the government which governs best governs the least."
He was AWOL during the worst economic crisis in 80 years. I suspected from the day he was appointed that he would ignore crimes and manipulations of the banking and securities business.

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jeffgee,

truly.

BULLETIN: 'Bush appoints Chris Cox to head SEC, WALL STREET swoons!'

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Really interesting that the SEC was politicized, as well. There's no mechanism for SEC oversight? Who watches the watchmen?

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What's kind of weird is how moronic Madoff was. If he was being scrutinized in 2006, and it was pretty apparent the sympathetic party in the White House was on the verge of leaving last year, why didn't he cash in and move to Barbados? Not only was he a thief, but he was a stupid thief. Makes the SEC look even more idiotic that they couldn't catch a moron.

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Funding's only part of the problem, and a smaller part than the will of the federal government being nullified by political appointees there to serve the campaign donors.

If you have people running regulatory agencies who believe that actors within their scope of influence should be self-regulating, then all of that expertise at the inspection level will be for nothing.

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The extent of the SEC's "investigation" was laughable. My itty bitty credit union's auditor has a more rigorous procedure than federal governmnet watchdogs: every year he actually contacts each depositor by mail to confirm the amount on deposit. The SEC didn't take the most rudimentary steps to check out Madoff, who hadn't bought a single stock in the past twenty years.

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Waittaminnit:

"It's that he wasn't even making any trades, and had directed his staff to create false tickets to fool investors."

What staff? Is there any evidence to support the allegation implied here that Bernie had help?

And yes, of the $60B, how much of that was "paper" (fake reinvested profits or fake capital gains held on an account) and how much of it was original hard money investment by legit wannabe investors (as opposed to money launderers or other crooks) over what periods of time?

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I am amazed the guy didn't have an exit strategy e.g. the financial meltdown in Sept/Oct took almost everything away....

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People like Bernie firmly believe that they will never be caught and consequences will never happen to them. They believe they are smarter than everyone else. They also have a tendency to believe that they know everything since they know everything they know.

The problem for most of us is identifying these types of people and avoiding them and their schemes at all costs.

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