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As more and more news comes out about Bernie Madoff and how he managed to defraud many very smart people out of billions of dollars, it is useful to ask a simple question; what should we learn from what happened? From my perch the answer is very basic.

The few people who avoided Madoff’s funds did so due to doubts over the highly suspicious consistent returns he claimed (many concluded he could not produce such steady profits from the strategies he claimed to be using). They avoided disaster because they lacked information and without knowledge of what their money was invested in, they were not comfortable investing with Madoff.

The others were not as fortunate, but it begs the question, does it make sense for anyone to invest money with a money manager if they are forbidden from knowing where the money is invested? I don’t think so. I know I certainly could never look one of my clients in the eye and ask them to stop receiving account statements so their holdings could be secret. Trusting someone, as Madoff’s investors have learned the hard way, is not a good enough reason to put a blindfold on and hand someone millions of dollars.

Now, many hedge funds will argue that disclosing their holdings strips them of their “edge” since many people will simply mimic top managers’ trades and thereby reduce returns for the people coming up with the ideas. To curb this concern it is certainly reasonable to allow a slight delay in the reporting of actual holdings to ensure that a hedge fund manager can establish a full position before disclosing it to the public. You could also have investors sign a contract saying they will not act on or alert anyone to the nature of the fund’s investments.

Regardless, if you are investing in any fund that does not adequately disclose where your money is allocated, I would strongly consider ceasing such an investment. It sounds obvious to many, but given what has transpired recently, it warrants mention.

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This article has 13 comments:

  •  
    I think the comments about hedge fund transparency apply to common stocks as well. Who knew (and who knows even now) what 'investments' the banks, trusts, insurance companies have in their portfolios. Banks going forward will exist under a cloud of suspicion, and that will mean difficulty in raising capital through normal channels. Of course, the Fed and TARP are not normal channels,.

    On picky point: you've used 'beg the question' inappropriately, as do many others. You meant 'raise the question'. 'Beg the question' implies a circular argument within a statement, for example 'The bible is true, because god wrote the bible, and god would never lie'. This begs the question, 'how do you know that god would never lie?'. As you can see, your usage has nothing to do with a circular argument.
    Jan 01 09:45 AM | Link | Reply
  •  
    I am not convinced that the two suggestions offered are realistic: delaying the reporting of hedge fund actual holdings will compromise the strategic edge that contributes to fund performance - hardly something to blab out; and expecting investors to keep quiet about the nature of the fund's investments (even with a signed contract) doesn't sound possible. From my perch, it seems that the lesson learned from Madoff is for investors NOT to invest with someone just because other prestigious investors have done so. The "old boys club" is over.
    Jan 01 10:07 AM | Link | Reply
  •  
    Only a "few" people avoided Madoff's schemes? Of the millions of investors out there I see only a couple thousand were working this scam with Bernie. And every one of the scammers were given a statement each month that told them exactly what investments/transactio... were being made and with their money. So your charge that there was no transparency is bogus. The fact that the statements were obviously bogus is key to the mentality of the Walter Noel's of the world. They knew something illegal was going down. They just thought they could take advantage of it without getting caught.
    Jan 01 11:27 AM | Link | Reply
  •  
    Many, if not most, of Madoffs investors are /were wealthy, too wealthy to take the time to learn about investing and /or to take the time to make their own investment decisions. They didn't and don't want to be bothered with details. They only want more money.That's the reason Madoff's scheme worked.

    If they had a list of the specific securities he used, that probably would not have helped because he could have and probably did lie about it. If they had accurate information about where their money was, that might not have helped because the securities raters didn't do their job. Many of Madoffs clients used "Financial Advisors" of one kind or another, and they didn't do their job.

    There is an opportunity here. PRIVATIZE THE SEC!
    Jan 01 11:33 AM | Link | Reply
  •  
    just think for yourself & finally admit all have an agenda & most of the time its not in your interest.you earned your money now handle it yourself.any person or institution can go bad at any time.is your statement real or phony? there is nobody you can trust least of all our govt. & their manipulative figures.dont follow the herd. also dont invest in tulips.they are not coming back.LOL
    Jan 01 11:34 AM | Link | Reply
  •  
    If people have money they need to take care of it themselves. Letting others do it for them is quite simply dangerous and often foolish. If you have lots of money you should know or learn how to invest it yourself.
    Jan 01 12:15 PM | Link | Reply
  •  
    Nice review of this ponzi scheme. I still can't believe these people fell for the scam. To put all of ones money in one basket is a cardinal sin for investors. But if they were all crooks they deserve their losses.
    Jan 01 12:52 PM | Link | Reply
  •  
    The one thing I learned this last year (the hard way) is not to put too much money in any one investment. I'll probably be waiting for a long time before certain investments come up in value so I can afford to split them up.
    Jan 01 01:11 PM | Link | Reply
  •  
    None of your suggestions would have done an ounce of good. Madoff lied and fabricated the investments. The SEC should be held responsible since they have the authority and the expertise to confirm the actual details of the investments supposedly made. They could not confirm the reported investment gains so they "shrugged their shoulders" so to speak and walked away from their responsibility. More than one person has to be responsible for this horrible fraud and more than one person should be sent to prison.
    Jan 01 01:55 PM | Link | Reply
  •  
    I think that's unfair. Many investors seem to be honest hard-working folks who were swindled. Madoff and probably several others need to spend the rest of their lives in jail.


    On Jan 01 12:52 PM toobad41 wrote:

    > Nice review of this ponzi scheme. I still can't believe these people
    > fell for the scam. To put all of ones money in one basket is a cardinal
    > sin for investors. But if they were all crooks they deserve their
    > losses.
    Jan 01 01:59 PM | Link | Reply
  •  
    This kind of head in the sand, "trust" attitude is what makes guys like Madoff filthy rich, "Don't bother me with the details, just make me money".

    I see this attitude everywhere even in the smallest things in my field: homeowners too lazy to investigate their project management company and board of directors even when both reject yearly outside audits of financial statements that have run amok. They still think these people are trying to do what is right! What more do you need to know in this case to figure that something is terribly wrong and people are being cheated? Clues are hard to get when you don't care enough to look for them.

    Personal apathy and greed took over at the start of the Reagan era and allowed the Madoff's of the world to make a killing until our artificially propped up economy failed and thereby pulled the curtain up on what they were doing. As a result, blind faith and trust in everyone will now take a hard step back to where it should have always been all along. Yes, we are friendly Americans, but that doesn't mean we also must be as stupid as rocks.

    "I trust everyone, but show me your cards."
    Jan 02 10:43 AM | Link | Reply
  •  
    Good take on tranparency.... I will quote from it in my thesis about hedge fund operators but I think secrecy is part of their success and it needs to remain so.... I also learned a lot about hedge fund trading strategies from 2 great books. Hedge Fund Trading Secrets Revealed..by Robert Dorfman..and Confessions of a Street Addict of course by Jim Cramer..written before he got really famous..both are riveting and very informative. You should check them out if you like reading behind the scenes stuff about hedge fund and what methods they use..…
    Jan 02 12:16 PM | Link | Reply
  •  
    The short answer on trust is “the deeper you see the more you trust”.

    As the UK TV series “Hustle” points out, “you cannot con an honest man”. Gamblers need to believe in a system that can beat the odds, and people wanted to believe Madoff was doing something slightly extraordinary to explain his exceptional returns. As long as they were beneficiaries, his investors preferred not to ask hard questions.

    Madoff is surely only very small fry, just a cheap crook “caught swimming naked as the tide goes out”, as Warren Buffett puts it so delightfully. I can’t see why so many commentators treat him with a sort of grudging respect. The scale of deliberate deception is much greater than this and our culpability, or lack of “collective mindfulness”, is far more profound.

    For instance, Fareed Zakaria’s GPS programme on CNN (December 28, 2008 - English slightly edited) hosted this frank discussion between pundits:

    Hernando De Soto, President, Institute for Liberty and Democracy:
    From a Third World point of view, the interesting thing is that, as trust breaks down in Western societies, like the United States, banks have stopped lending to each other because nobody really knows who owns what assets and what liabilities. You are starting to find out that the real economy has a lot more to do with trust than with the so-called fundamentals.

    We have lost track. And we’ve lost track, because instead of having universal documentation as to who owns what — which is what international cooperation would give us — today, most of the paper in the world is untraceable.

    Jagdish Bhagwati, Professor of Economics, Columbia University:
    In each of these financial crises, the new instruments and changes have usually gone way beyond comprehension, and that is really at the heart of financial innovation.

    Hernando De Soto:
    It is about transparency.

    Jagdish Bhagwati:
    The downside is really important. When we say we must regulate, the regulators must first understand what has to be regulated.

    Joseph Stiglitz, Nobel Prize-Winning Economist, Columbia University:
    I think the point that Jagdish made is exactly right, that much of the innovation that we have had in the financial sector in the last two decades has been of negative value. It has been creating complexity. It is not a question of disclosure. You could disclose these documents, but nobody — the buyer, the seller, the regulators — can understand them. And it was done deliberately. It was done deliberately so people could not understand what was going on.

    Hernando De Soto:
    The reason you are in paralysis, the reason you are collapsing, is because you no longer know who’s got whose hand in whose pockets. You have to make a distinction. And remember that financing is there at the service of production, in combination, and is not center stage.

    ***

    Sadly, because we did not challenge things we did not understand, we have become collectively liable for the consequences of the deception. We have failed in our responsibility to be truthful to ourselves and to demand the same standards of honesty in others.
    Jan 05 06:06 AM | Link | Reply