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Do You Know Where Your Money Is?

On CNBC, Maria Bartaromo asks this question every day on her show, Closing Bell. Well, many investors are asking that same question after the revelation of the $50,000,000,000 heist by Bernie Madoff. Can you even get your mind around that number?

For years, I tried to circumvent mutual fund companies with histories of fraudulent practices. And no matter how methodical my efforts, the industry failed to guard their clients. So I began recommending ETFs, because the fixed structure allowed for minimal manipulation. Yes, Mad Money's Jim Cramer is running for SEC Chairman, and he blames the leveraged ETFs for manipulation. Mr. Cramer, a former hedge fund manager, must have an interesting take on Bernie Madoff.

I have a feeling that hedge fund offices around the world are being inundated with phone calls from people with a need to get up and close with their money. The ramifications of this could mean we are in for that trade we all hoped would never come... 'the capitulation trade'. Would you be able to sleep at night knowing some shill in the Hamptons on a computer may be using some white out to manipulate your investment statement?

The hedge fund business is finished, and Bernie Madoff is sealing the deal. There's nothing like fraud and corruption to put the cherry on the sundae. I know, technically, Madoff didn't run a hedge fund. But is this going to help the unregulated hedge funds, when Madoff, who was regulated, can't be stopped?

I'll suggest a couple of things for investors. Get rid of your mutual funds, and if you're fortunate enough to have hedge funds, liquidate them immediately. It's time to responsibility for your investments, and ETFs can keep you invested. It will minimize the ability for Wall Steet charlatans to abuse their powers.

Think about a portfolio of 40% SPY, 20% QQQQ, 5% GLD, 10% UYG, 5% USO, 20% Cash. It's time personal responsibility takes over, because the bad apples are out of control. Forget about the SEC and the FBI - they don't have enough people to regulate the abusers. Personal ethics are obviously outdated, and trust is the new under-owned commodity.

Disclosure: Author holds a long position in UYG

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This article has 20 comments:

  •  
    May be too drastic to say hedge fund business is finished but after Madoff sure it doesn't feel good for those who aim to increase their hedge fund business with black box techniques. Madoff may not lead to the capitulation phase but downsizing of hedge funds could be contributory cause if there is a capitulation phase.

    Well imagine the average Joe. If he has a big outsize amout in a unregulated hedge fund, he has to balance greed [of higher and super returns] with worries about the security of the principal. We don't know about super investors and institutions but the average Joe would probably want to pull back some of his hedge fund money? just to sleep well?
    2008 Dec 14 07:20 AM | Link | Reply
  •  
    Talk about creating a self-fulfilling prophecy. I think it is unconscionably irresponsible for anyone to advise people to leap into total panic-mode selling, especially when it is a foregone conclusion what the consequence will be. It makes me wonder who is setting themselves up to profit from the inevitable dead cat bounce after all the lemmings jump off the cliff having gotten less than half of what they would have received in an orderly and systematic unwinding of positions.

    I don't disagree that people who rely on the government regulators to watch their back for them are fools, and that simple and transparent balanced holdings are preferable to pigs in pokes, but this is not a plausible way to get to that position.

    (It still astounds me that some people blame the free market for brazen and widespread acts of fraud such as the subprime mess, and the unsecured credit default swaps which are the functional equivalents of hot checks being used to play the float. Old-fashioned fraud is not a feature of markets, certainly anything but a feature of capitalism which system requires mutual trust and confidence and fundamentally honest if often hardnosed play by all participants. Even the most draconian regulation only tangentially can address well-concealed or long-standing systematic frauds. The fraudsters as our British friends term them are the appropriate targets for wrath and punishment, not free markets.)
    2008 Dec 14 08:15 AM | Link | Reply
  •  
    I find it incredibly naïve to believe that “free trade” can exist without massive corruption (dishonesty, bribery, sleaze, fraud, vice). No, corruption is not a part of “free markets” it is a part of humanity. To discount it as such is just plain ignorant. There is and always has been a certain segment of the human population that will take any advantage over another human being up to and including murder for their personal benefit. Add to this a culture where goals outweigh principle (other than the mainstay principle “whatever is in my best interest”) and the probability of corruption is very high. Good regulation is an attempt at protecting the remainder of the population. Of course regulation can be and has been corrupted also.

    That said many see profit in “freedom” from regulation and call for it. Naïve or corrupt?



    On Dec 14 08:15 AM Adamantane wrote:

    > Talk about creating a self-fulfilling prophecy. I think it is unconscionably
    > irresponsible for anyone to advise people to leap into total panic-mode
    > selling, especially when it is a foregone conclusion what the consequence
    > will be. It makes me wonder who is setting themselves up to profit
    > from the inevitable dead cat bounce after all the lemmings jump off
    > the cliff having gotten less than half of what they would have received
    > in an orderly and systematic unwinding of positions.
    >
    > I don't disagree that people who rely on the government regulators
    > to watch their back for them are fools, and that simple and transparent
    > balanced holdings are preferable to pigs in pokes, but this is not
    > a plausible way to get to that position.
    >
    > (It still astounds me that some people blame the free market for
    > brazen and widespread acts of fraud such as the subprime mess, and
    > the unsecured credit default swaps which are the functional equivalents
    > of hot checks being used to play the float. Old-fashioned fraud is
    > not a feature of markets, certainly anything but a feature of capitalism
    > which system requires mutual trust and confidence and fundamentally
    > honest if often hardnosed play by all participants. Even the most
    > draconian regulation only tangentially can address well-concealed
    > or long-standing systematic frauds. The fraudsters as our British
    > friends term them are the appropriate targets for wrath and punishment,
    > not free markets.)
    2008 Dec 14 08:58 AM | Link | Reply
  •  
    What rubbish in this article. Anyone who does the smallest amount of actual due diligence would have steered well clear of Fairfield Sentry, Kingate and any other Madoff feeder (as they should steer well clear of Citadel, Polygon, Renaissance (REIF) etc). The obvious point is that if you get no transparency and there are no independent controls and checks on your investment, you cannot justify an investment. Too many people had legacy positions here from days when hedge fund investors did no real due diligence and the good returns had meant that they could not justify exiting the position.

    End of the hedge fund business - no. End of the naive investors thinking they can wade into hedge funds withouth advice from an expert - hopefully. People talk about the fund of hedge fund model being broken - in my view, the Madoff situation should go to JUSTIFY the model for the proper fund of hedge funds who do their work to justify their fees.
    2008 Dec 14 09:29 AM | Link | Reply
  •  
    You missed half of the article. I think Caffee did mention Mutual Funds in his article and the control and abuses they exhibit. Try making a simple qualified rollover out of your fund.

    Explain to me how my fund (FLPSX) went from 42 billion in April 2007 to18 billion in October 2008. There were not that many baby boomer retiring and withdrawing their money during that time.

    Lets coin a new word. "Hedge Fund - Mutual Fund"
    2008 Dec 14 10:53 AM | Link | Reply
  •  
    The core point of this article is valid: you need to understand where your money is, and if you don't understand how a hedge fund manager is running it and how safe it is, that's a problem.
    2008 Dec 14 11:24 AM | Link | Reply
  •  
    I love that Madoff's rich rubes paid taxes on phantom income. Couldn't happen to a better group of robber barons.

    Maybe Obama will bailout his prestigious supporters, the majority members of the Palm Beach Country Club which probably has a token Republican member, with a tax rebate. After all Obama knows how tough it is having gone to an expensive prep school in Hawaii, Occidental, Columbia and Harvard Law to be a "regular guy". Give me a break.
    2008 Dec 14 11:34 AM | Link | Reply
  •  
    Hedge Funds? What a misnomer for over-leveraged gambling. with the house taking the "phantom income" in outrageous fees. What was "hedged"?

    Another Wall Street ripoff. Apparently "qualified" investors and institutional investors were not very "qualified"!
    2008 Dec 14 11:43 AM | Link | Reply
  •  
    there is no such thing,never was,as "free trade".the 1st regulation &/or tax on business killed that.hedge funds are mostly the wealthy chasing more wealth.if madoff killed the hedge funds he deserves a medal.what good are they?would the world end if they are gone? invest prudently in co.'s you believe in.dont give over your money to anybody.trust no one as all have an agenda.dont be lazy & handle your own money.remember most anal sts havent a clue.the average joe should in no way,if he can control it, be involved in hedge or mutual funds.all the manipulative,complicat... paper is "ponzi".its for the folks that dont want to work for a living.a society cant exist pushing & shuffling paper around.unless we get back to making good stuff we are doomed along with our children & generations to come.by the way,i am attending a wedding at the brooklyn navy yard. a once thriving ship repair & building place. now a catering hall.sad.
    2008 Dec 14 11:45 AM | Link | Reply
  •  
    Now, those thieves with hands in your pocks are blaming you for not watching your pockets close enough. Those who trust their fund of funds managers to do due diligence for them are really frustrated. I have a very low trust for them because Mr. Madoff can always siphon the money his way by fat commissions. Then what's next? Quit your job to do full time due diligence? Or I can just trust YOU!
    2008 Dec 14 12:03 PM | Link | Reply
  •  
    ETFs are very useful but sell all hedge and mutual funds? Stupid!!
    2008 Dec 14 01:36 PM | Link | Reply
  •  
    Just a few comments:

    1) This won't be the death of the hedge fund industry, although it will push further the understanding of the need for real due diligence. Many hedge funds pursue very solid startegies that cannot be accessed with ETF's or any other vehicle. And many of these strategies offer real diversification for a portfolio and real solid upside vis a vis the associated risk.
    2) ETF's are a terrific development over the last decade or so. I believe it has been virtually proven that active management in the public securities markets is not worth the fees you have to pay to obtain it. Mutual funds are a legacy from a time when individual investors could not afford the high commissions to buy stocks but mutual munds had much lower effective transaction costs. I was really set up as a transaction cost arbitrage. ETF's get you the same exposure as most mutual funds with much lower cost. Those costs add up to a very meaningful drag on performance over time.
    2008 Dec 14 02:32 PM | Link | Reply
  •  
    hillbilly said:

    "No, corruption is not a part of “free markets” it is a part of humanity. "


    That's why advocates of a genuine free market economic system, which is something vastly different than the system we have been operating under, make it clear that government has one important role in a free market system- to see that those who enter into financial agreements are required to make good on their obligations, and anyone who fails to do so is severely punished.
    2008 Dec 14 02:50 PM | Link | Reply
  •  
    Sell all hedge funds? Get real, all that it would take is one meeting with Madoff's accountant to realize that there was something fishy going on. Everyone trusted Bernie and they decided not to check the fund statements versus bank records, it's that simple.
    2008 Dec 14 05:31 PM | Link | Reply
  •  
    The 20% of profit and 2% management fee hedge funds took was insane. I have never understood why anyone would invest money in a hedge fund with those fees. You can easily open a discount brokerage account and run your own hedge fund with dozens of investments products available to anyone. Why give your money to some guy who lives in Greenwich, CT, in a mega mansion?
    2008 Dec 14 06:32 PM | Link | Reply
  •  
    HEDGE FUND'S ROASTING ON AN OPEN FIRE
    (The Christmas Song)
    WilliamBanzai7

    Hedge funds roasting on an open fire
    Investors sure to get the hose
    Alpha carols being sung by a wealthy choir of the dumb
    And regulators dressed up like Eskimos

    Everybody knows the hedge fund turkeys and
    Madoff's ponzi scheme help to blight the seasons bright
    SEC examiners with their eyes all aglow
    Will find it hard to sleep tonight

    They know that billions of losses are on the way
    The markets are loaded with cash cows for slaughter
    Its the Wall Street way
    And ev'ry wealthy grandmother's
    Child is gonna spy to see if
    Quants, traders and pinstriped conmen really know how to fly

    And so, I'm offering this
    Simple phrase to investors from
    One to ninety-two
    Altho' it's been said many times
    Many ways
    Merry Redemptions to you
    2008 Dec 14 11:10 PM | Link | Reply
  •  
    What a vindictive article. Any seasoned investor would demand transparency or they would stay clear. Many walked away after he could not or refused to say how he achieved his unusually steady returns. If an investor should only be investing in ETF's to avoid "Wall Street Charlatans" then that same investor should NEVER buy anything from the charlatans who sell insurance products. Annuities that do nothing but lock in unsophisticated buyers and pay off huge commissions to crroks dressed in suits. It appears that Mainstay Financial is a firm that sells insurance products and for this guy to call Wall Street a collection of charlatans is akin to the kettle calling the pot black! Not every financial professional is unethical while I have yet to meet an ethical insurance salesman. I will not defend thieves like madoff nor will I have sympathy for the willful idiots that invested with him but I will not accept that his misdeeds have anything in common with me nor many, many other financial professionals that I know and respect. I studied for the insurance license and the sales tactics taught in that class were enough to make a man sick! Caffee -- clean up your own house before you start trying to clean up your neighbor's!!!!
    2008 Dec 15 02:09 PM | Link | Reply
  •  
    In investing, exposing yourself to a certain number of fraud risks is unavoidable. Let's say you fund your online trading account and buy shares of company XYZ. You are now exposed to:

    -the risk of online password theft due to viruses, keyloggers, spoof websites, etc.

    -the risk of someone at your brokerage stealing your money.

    -the risk of the officers at XYZ company being corrupt.

    -the risk of the employees at XYZ company being corrupt.

    -the risk of any one of the counterparties of XYZ being corrupt.

    To add unecessary layers of risk on top of this already formidable stack seems foolhardy. Why add in fund managers, fund of fund managers, traders, hedge-fund conmen, etc? There's no free lunch, but that adage has never dissuaded anyone.
    2008 Dec 15 02:19 PM | Link | Reply
  •  
    I am 100% sure that hedge funds are not finished, in fact I've spoken with over 75 professionals who are starting hedge funds within Q4 2008 and 2009. I know of dozens of hedge funds with positive performance and many are now applying capital to distressed assets, mortgages and commercial real estate. With the markets turn hedge funds will be there first before ETFS, mutual funds, mom and pop stock pickers, most institutional investors and those financial advisors who select baskets of securities for their clients.

    The media will continue to have a field day with Madoff and they should. If these horrible market conditions expose these types of professionals I wish we had a recession every 3 months.

    - Richard
    Richard Wilson
    Hedge Fund Blogger
    HedgeFundBlogger.com
    2008 Dec 15 09:43 PM | Link | Reply
  •  
    What a ridiculous article. If Maddoff was not a hedge fund then why are they drawn into the fraud along with him? The Philly Eagles' owner was in there as a victim does this mean that the football teams are part of the conspiracy?

    Let's face it, most pepople are looking to apportion the blame for the losses of their investment professionals over the past year. Hedge funds always seem to be the first stop. Why then have the biggest frauds been happening inside the regulated vehicles?

    The SEC seems to be toothless. The best idea might be for them to start hiring the traders from failed hedge funds and banks to do their investigating work. Try to tell a failed hedge fund trader about your buy and write strategy that makes money every month. He won't believe it for one second. I know be cause I saw enough of those ideas when I ran a prop desk, a bank group and a hedge fund.
    2008 Dec 17 03:59 PM | Link | Reply