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The WSJ fills in more details regarding the Madoff case, and it's actually more gobsmackingly unbelievable than it was last night.

For one thing, Madoff didn't invest simply on behalf of a couple of dozen multibillionaires; he had many common-or-garden millionaire clients, many of whom were introduced to him -- I'm not making this up -- through the Boca Rio Golf Club in Boca Raton and the Palm Beach Country Club in Palm Beach. Apparently the ability to invest with Madoff was sold as a side benefit of joining the clubs -- as ever, if you make something seem exclusive, people will clamor to get it.

It gets worse: A chap called Harry Markopolos has been saying that Madoff was a fraud since May 1999 -- almost a decade ago. Obviously, nothing happened, but Markopolos didn't give up: He wrote the SEC in 2005, saying that "Bernie Madoff's returns aren't real". But until Bernie Madoff himself admitted that fact, the SEC was nowhere to be seen. Others saw it too: Cassandra did, and, according to Henry Blodget, many of Madoff's investors reckoned that he must be a crook and that this was a legal way of profiting from fraud.

There was every reason to believe that Madoff was cooking the books. He posted regular small monthly returns, adding up to 10% per year, year in and year out -- essentially the Holy Grail of high returns with almost zero volatility. Even in recent months Madoff perpetuated the fiction:

Mr. Madoff's Fairfield Sentry Ltd., a hedge fund run by Madoff Investment Services to invest in shares in the S&P 100, claimed to be up 5.6% through the end of November, a period when the Standard & Poor's 500-stock index was down 37.65%. In October, Fairfield Sentry was said to be down 0.06%, a month when the S&P 500 lost 16.8%.

Now those kind of returns are very attractive to country-club millionaires: You can see where that part of the fraud came from. But it turns out that Madoff's largest investors were fund-of-funds managers, including huge names like Tremont Capital Management.

Such managers do one thing, first and foremost: They exist as an extra pair of eyes to oversee the actual fund managers; they're a risk control, and they're sophisticated enough to smell impossible returns like Madoff's. I simply can't believe that they funneled billions of dollars of client money to Madoff without ever talking to his chief risk officer (there wasn't one).

There's also the question of the $50 billion number, given that Madoff "only" had $17 billion in assets under management, according to his SEC filings. I see three possibilities which might explain the difference:

  • Madoff, falling apart, can't add up, even after including all the fees he extracted from the funds.
  • The amount of funds that Madoff reported to the SEC was a fraction of the amount of funds that Madoff reported to his investors.
  • Madoff borrowed the extra $33 billion, as Kaja Whitehouse suspects.

I think the second option is the most likely, but insofar as banks lent Madoff anything unsecured, they're feeling really stupid right now.

The one thing I'm sure of is that Tremont and Fairfield Greenwich are going to face some massive lawsuits over this -- and will suffer enormous redemptions. (Does Fairfield Greenwich run non-Madoff money? It's unclear, but it's probably moot; if they did yesterday, they won't tomorrow.) If they're idiotic enough to place billions with Madoff, they have no business running anybody's money.

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This article has 28 comments:

  •  
    To me, the most revolting aspect of this is captured by Blodget's reference... supposedly many suspected something illegal was going on and saw it as an opportunity to ride along.

    If true, this allegation is shocking.

    When the already wealthy and powerful have such disregard for fair play, everything... the legitimacy of the entire system is put at risk.
    2008 Dec 12 07:44 PM | Link | Reply
  •  
    I smell BAILOUT!!! SANTA SANTA, I HEAR YOU ON THE ROOF! DID YOU GET ME MY 10 PERCENT ANNUALIZED RETURN I PUT ON MY LIST! YAAAAYYY!
    2008 Dec 12 09:25 PM | Link | Reply
  •  
    In my brief experience with the 'wealthy' (when I use to date a certain female..), many, or rather most of the 'wealthy' are ten times removed from any morality or standard of truth. Who needs to feel ashamed when you can buy anything you want? There is no need for a God to them. It is truly sad.
    It matters not who you are, but what you have....and what you can share with them. If you are 'wealthy' you can get away with anything morally, doesn't matter. Women stayed with their powerful cheating husbands to keep the lifestyle.
    Give me middle America anyday.
    2008 Dec 13 08:08 AM | Link | Reply
  •  
    The greedy elite getting what they deserve is proof that bad things happen to bad people - at least once in a while. Now, if that is a universal truth, then we will see a lot more justice rendered .
    2008 Dec 13 08:29 AM | Link | Reply
  •  
    Bernie " Mad-off " with the money....real shame..!!
    2008 Dec 13 09:54 AM | Link | Reply
  •  
    why do the already wealthy need more wealth? i dont get it. i hope all of the investors lost it all. of course the biggest losers here & now are the american people who playing by the rules,working hard are forced to bail out wall st. watch how the sec now will strive to save these millionaires & billionaires while the average persons 101k is shrinking. wake up sheeples its all a scam.
    2008 Dec 13 11:28 AM | Link | Reply
  •  
    I just wish I knew the stocks that these funds facing redemptions are in. Good for a short.....or at the very least, to stay away from for now!
    2008 Dec 13 12:12 PM | Link | Reply
  •  
    I have said it so many times I am a broken record. In 1980 the US congress passed a law that effectively overrode state laws ( like here in takesus ) against usury. That was the signal that greed is good.
    2008 Dec 13 12:39 PM | Link | Reply
  •  
    This makes Conrad Black and Bernie Edders look like Saints.

    2008 Dec 13 12:50 PM | Link | Reply
  •  
    Correction: Bernie Ebbers
    2008 Dec 13 12:52 PM | Link | Reply
  •  
    Correction: Bernie Ebbers


    On Dec 13 12:50 PM User 318870 wrote:

    > This makes Conrad Black and Bernie Edders look like Saints.
    >
    2008 Dec 13 12:53 PM | Link | Reply
  •  
    Please read the page from Fairfield Greenwich on their due diligence process. Aha, that is how you invest USD 7.5 bln into madoff schemes....makes perfect sense. Below a copy of the exact text on Fairfield Greenwich´s website. Enjoy reading !


    FGG's Due Diligence Process


    FGG's due diligence process is deeper and broader than a typical Fund of Funds, resembling that of an asset management company acquiring another asset manager, rather than a passive investor entering a disposable investment.

    A number of areas of inquiry are examined by a team of FGG professionals who specialize in evaluating respective areas of risk. Typically, a manager has been investigated and monitored for six to 12 months before that firm can be accepted onto the FGG platform. Long negotiating periods enable FGG to be more confident of its decisions before proceeding with a manager. Areas of examination are centered around the following:

    1. Portfolio Evaluation, Investment Performance, and Financial Risks:

    A core area for further analysis is to attempt to dissect and further understand investment performance, how a manager generates alpha, and what risks are taken in doing so. As portfolio management and risk management incorporate elements of both art and science, FGG applies both qualitative and quantitative measures. FGG:

    Examines independent prime broker trading records
    Conducts detailed interviews to better understand the manager's methodology for forming a market view, and for selecting and exiting core positions
    Analyses trading records
    Conducts a number of qualitative and quantitative tests to determine adherence to risk limits over time
    Confirms portfolio loss risk controls, diversification and other risk-related control policies, as well as any experience regarding unexpected or extreme market events
    Reviews the risk and return factors inherent in the strategy
    Evaluates capacity issues, which may affect alpha, as well as expected opportunities going forward within each candidate's strategy
    Analyses the various drivers underlying a particular portfolio's risk
    Evaluates credit risk and market risk both at the instrument and portfolio level
    Assesses the extent to which leverage is used by a manager, as well as how it is used, the funding sources, and the impact on the risk profile of the fund
    Investigate whether or not private or special registration securities are held, and determine how the daily trading volume and inventory held compares to the float and/or daily trading volume for a given security
    FGG also conducts many quantitative reviews of investment performance in light of:

    Fees and fee structure
    Historical draw-downs
    Return volatility
    Commissions earned
    Performance return in calm versus volatile markets
    Current/historical correlation of the fund under consideration with standard industry benchmarks, peer groups, and other FGG or competitor funds used as benchmarks
    FGG attempts to understand the return attribution for individual securities in the portfolio, and conducts a full suite of VaR analyses and stress tests to model the loss distribution function under extreme market scenarios. Leverage, concentration limits, and long/short exposures are examined over time to assess whether they have remained within operating guidelines.

    Style fidelity is another key area of inquiry; the manager's trading pattern over time and through various market environments, FGG determines whether the manager is prone to trade outside of their area of expertise.

    2. Personal Background Investigation:

    FGG examines the abilities and personalities of the individuals involved in managing the fund through extensive interviews, as well as background investigations.
    FGG verifies:
    Education
    Personal credit standing
    Litigation and regulatory background
    Track record
    Other indicators

    FGG explores the manager's experience and qualifications relative to the strategy being managed. Prior professional associations of a manager's key personnel can be crucial in understanding a person's experience and character and how they run their investment management business.

    3. Structural and Operational Risk:

    "Operational risk" refers to the risk of loss resulting from inadequate or failed internal processes, human resources, or systems, or from external events. Operational failures, including misrepresentation of valuations and outright fraud, constitute the vast majority of instances where massive investor losses occur. Other operational risks include staff processing errors, technology failure, and poor data.

    Pricing models, as well as the adequacy, independence, and transparency of valuation procedures, contingency plans, and other trading and settlement procedures are all matters for close scrutiny by FGG professionals.

    FGG seeks a sound understanding of whether a hedge fund possesses key controls in the areas of portfolio management, conflicts of interest, segregation of duties, and compliance. FGG carefully assesses the controls and procedures that managers have in place and seek to determine actual compliance with those procedures, often suggesting modifications, separations of responsibilities, and remedial staff additions.

    4. Legal, Compliance, and Regulatory Risk:

    FGG's legal, compliance, and accounting teams specialize in investment management regulation, securities compliance, corporate operations, and tax issues. Hedge fund managers function within an ever more complex legal and regulatory landscape, and the role of this part of the diligence exam is to determine the seriousness of any deficiencies in this area which may cause risk of sanction, loss, or reputational embarrassment.

    Both in-house and retained legal professionals interview the management and staff of the manager, research regulatory filings, and review corporate organizational documents, as well as fund memoranda and related material contracts.

    2008 Dec 13 12:59 PM | Link | Reply
  •  
    In defense of the investors, it wasn't unusual to expect a 10 to 12 annualized return from, lets say, Warren Buffet's Berkshire Hathaway, right? For example, he's got that magic touch like Madoff, right? And BRK.A's European style swap contracts, even though they are totally opaque and are creating paper losses on the balance sheet, they will probably pull through. Right? (nervous coughing).
    2008 Dec 13 01:14 PM | Link | Reply
  •  
    and can u believe the released him from jail on 10 mil. bond ,there is no shame
    2008 Dec 13 01:34 PM | Link | Reply
  •  
    Another good reason to continually learn as much as possible about investing, open a discount brokerage account and handle your own money.
    Nobody, I mean NOBODY, cares about your money more than you. Get educated and handle it yourself. It is not nearly as hard as the "so-called" financial experts want you to believe.
    2008 Dec 13 03:53 PM | Link | Reply
  •  
    There are two key takeaways from the Madoff Affair:

    1. It's exceptionally difficult to consistently beat the market over an extended period of time. Be suspicious of anyone who claims to do so.

    2. Don't invest in anything you don't understand.

    About a year ago, a broker pitched me some great sounding fixed income instruments that "beat Treasury and muni bonds but were just as safe". I couldn't understand how that could be or how they really worked, so I didn't invest in them.

    They were auction-rate securities.

    For most people, the implication of (1) and (2) is simple: put your portfolio into a basket of index funds.
    2008 Dec 13 04:49 PM | Link | Reply
  •  
    Forget Hedge Funds. Do not send any of them your money. Stick with well grounded Mutual Funds like Fidelity or 20th Century or others. Back to basics. Do not be a fool and send your millions to a one man shop. Go with firms like Fidelity who cannot steal your money!!!! The track records of the many mutual fund companies are better than that of Hedge Funds anyway. Hell, buy your kids Coca Cola, JNJ, PG, and take the stock certificates and put them in your safe deposit box if you want. Do not mess around with these Hedge Funds and 1 man shops on the street! And stop following all the advise of the ETF crowd. If you have $10 million put 500k in 20 well run, good old fashioned mutual funds! Then enjoy life and look at your returns in 10 or 20 years...
    2008 Dec 13 05:40 PM | Link | Reply
  •  
    I feel no pain for the NYC and Florida crowd. They made their bed and got screwed. It is just another example of what the moneyed crowd has become. A bunch of greedy money grubbing individuals and family's. I wander how some of these people who lost their millions made their money in the first place?? Maybe some of them got what they deserved.

    I do feel some shame for the way for our country which has let all this happen over the last eight years of Bush Republican rule. Why anyone should trust wall street or investment advisers is beyond understanding. They do not know anything more than us poor Joe main street individuals who work hard try to save something for retirement and or a rainy day, what happens we lose our shirts, our 401's disappear and we get 0% on our savings accounts, at the same time that our Gov. is out there shelling out money to the same people who got us to this state of affairs in the first place.

    Unfortunately, we are fast becoming or have reached the classification of what we used to call "a banana republic".
    2008 Dec 13 06:16 PM | Link | Reply
  •  
    Ettu: You may be a banana, but we're not even close to being a banana republic. The current economic problems all didn't happen under Bush, but goes back to the Carter CRA, Clinton's strong-arming the banks into lending sup-prime, and the liberal culture that attacked anyone who called attention to the problem of sub-prime lending. Look, as I see it, the states with the most problems like California and Michigan had the greatest problems with deficit spending while the more conservative states such as South Carolina are doing much better comparatively.
    2008 Dec 13 09:12 PM | Link | Reply
  •  
    You think the Madoff story is big because he wiped out most of his clients to the tune of billions? You think they're shocked?

    Just wait until our government destroys the value of our currency leaving most Americans destitute. Our corrupt politicians are going to make Mr. Madoff look like an angel.
    2008 Dec 13 09:22 PM | Link | Reply
  •  
    >>When the already wealthy and powerful have such disregard for fair play, everything... the legitimacy of the entire system is put at risk.<<

    What on Earth makes you think that the wealthy and powerful have an interest in fair play? Most people get rich by establishing some sort of monopoly or having a lobbyist push through a law that gives them some sort of unfair advantage or excessive pay for what they do.

    If a crooked system is how you got rich - because you had it rigged to benefit you - then why would you have a problem with a scumbag like Madoff?

    After all - he's just like you!!
    2008 Dec 13 09:37 PM | Link | Reply
  •  
    >>Correction: Bernie Ebbers <<

    Yes, Bernie is in the House of Corrections. Along with Skilling et al.

    May he someday be joined by Paulson, Madoff, and all the other outrageous Wall Street crooks!
    2008 Dec 13 09:41 PM | Link | Reply
  •  
    Too bad Madoff didn't buy a small bank and get some TARP funds.
    2008 Dec 13 10:23 PM | Link | Reply
  •  
    Good summary and great title!
    2008 Dec 14 04:28 AM | Link | Reply
  •  
    Madoff can apply for TARP funds from prison.
    2008 Dec 14 11:24 AM | Link | Reply
  •  
    Someone stated IT'S THE CRA that is at fault. Talk about the cart leading the horse...it's not the CRA, but rather FICO AND AUTOMATED UNDERWRITING...that allowed 70% debt ratios on GROSS INCOME....and the debts only included your PITI AND WHAT SHOWED ON YOUR CREDIT REPORT IN MONTHYLY "MINIMUM" PAYMENTS. Prior to 1995, there WERE SUBPRIME MORTGAGES (contrary to what some people say) and the underwriting standards (manual underwrites by REAL PEOPLE) were 28/36% (or a 36% debt ratio - as opposed to 70%). It was the advent of the "RUBBER STAMP" i.e.; FICO & AUTOMATED UNDERWRITING in 1995...which led to this...not CRA's. Just for your EDIFICATION....the number one reason that people are defaulting on their loans IS NOT BECAUSE OF THE PAYMENT, but because of the ASSET LOSS (which exceeds the value of the loan, i.e.; they are UNDERWATER and won't be out of water for at least a decade). How is FICO going to determine the depreciated value of the asset....when all it looks at is the past history of payment of the borrower....IT'S NOT!!

    It's funny, because banks (and business) do not like the fact that the consumer has taken a play from their game book, i.e.; if you get into a contract and later it's not working in your favor...YOU GET OUT...IT'S A BUSINESS DECISION. It use to be that banks, credit card companies and the like played on consumer "morality"....i.e.; you took out the loan and if you don't pay it...you are morally deficient/flawed. Now, consumers are just as IMMORAL as business, banks, government....and THEY ARE BACKING OUT OF THEIR CONTRACTS leaving these greedy industries screaming FOUL!!

    I just loved listening to Jamie Dimon of Chase talking about the borrowers who "lied" on their loan applications - blaming them for the problem. WHAT ABSOLUTE ASS!! The fact of the matter is that BORROWERS COULD BEG, LIE, ETC. all they want.....but it was the LENDERS THAT CREATED THESE PROGRAMS (FULLY KNOWING) the problems....WHERE WAS THEIR DUE DILLIGENCE. There was no due dilligence...THERE WAS ONLY GREED & PROFITS. Just like those that subscribed to Madoff and left their money in WANTING MORE PROFIT & MORE GREED....

    All I can say is that YOU CAPITALISTS are going to get ALL THE IMMORAL decisions that you have been dealing to society for decades. Not much will change for the poor....they will still be poor, but you will be jumping for the from the top stories of office buildings by the droves...AND YOU WON'T BE MISSED (LARRY KUDLOW TYPES)!! It's not the poor that will suffer a difference of lifestyle...IT'S YOU (NO MORE HANNAH MONTANA TICKETS AND CELL PHONES FOR THE KIDDIES). And if you destroy the middle class....you are ASKING FOR ONE HECK OF A CLASS WARFARE. Get your guns & safeS KIDDIES...you are going to need them!!!!!!!!!!!
    2008 Dec 14 04:28 PM | Link | Reply
  •  
    Why do the wealthy need more wealth?? Because they are OBSCENELY INSECURE. What would Paris Hilton be....if she were not rich? Why does Britany Spears spend 3/4 of a million EVERY MONTH...and WE continue to support such obscenity? What does every music star think they are an actress/actor (or visa versa) AND a clothing/perfume designer (AND WHY IN THE HECK DO WE PUT UP WITH IT AND EXPOSE OUR CHILDREN TO IT). Our country is so CORRUPT....we have turn words and ideology into MEANINGLESS CONCEPTS.
    2008 Dec 14 04:45 PM | Link | Reply
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    @piejay
    I would agree that people whom are defined by their wealth have a unique stench.

    The good news is that rich will be out of vogue as multitudes of new wealthy have nothing secondary to define themselves with.

    I really enjoy talking money with "old-money" or generational wealth. The perspectives from those individuals tend to revolve around thrift and solvency -- not the quick fix of buying something.
    2008 Dec 14 09:33 PM | Link | Reply