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The WSJ is issuing more Madoff victim propaganda. It is interesting to see the WSJ advocating free markets while slyly supporting special treatment for rich investors who failed to follow basic financial advice. Remember: Madoff's investors only lost their life savings if they chose to violate Investment 101's cardinal rule: diversify, diversify, diversify.

In a free market, the rich must suffer when they violate basic investing rules. Otherwise, you don' t have a free market. Instead, you end up with two separate systems--one where the rich get preferential rules and use Congress and the IRS as their own personal insurance policies, and another where everyone else has to suck it up when things fall apart.

As I wrote before here, people who invested with Madoff thought they were buying membership into an exclusive club shielded from the vagaries of the stock market. Middle-class investors like you and I could not get Madoff as our financial advisor. Most of us did not even hear about him until the scandal broke. We were barred from Madoff's circle because we weren't rich and we weren't connected with the elite. Meanwhile, Madoff's investors lobbied hard to gain entrance into Madoff's circle and did so because they believed returns were practically guaranteed. Well, it was an exclusive group, all right--a group of connected, rich suckers who thought they were getting a sweet deal unavailable to Main Street.

Perhaps you think me coldhearted. Don't be naive. If it wasn't for the stock market's monumental, once-in-a-lifetime bust, Madoff's investors would have continued making good, safe, and illegal returns year after year. Madoff's investors would have continued playing golf, donating millions of dollars to charities, and hanging out on their yachts while Madoff wormed his way higher in the NASD's upper ranks. In short, Madoff's investors would have been seen as pillars of their community because they knew Madoff. Meanwhile, the rest of us--not having access to hedge funds or Madoff's exclusive circle--would have had to make it on our own the old-fashioned way: by saving our pennies and diversifying our investments (otherwise known as Investing 101).

What's that? You say not all of Madoff's investors invested directly with Madoff? And not all of them were rich? Fine. Go after the mutual fund companies that failed to do due diligence and violated their fiduciary duties to their investors. Last time I checked, mutual fund advisors get paid millions of dollars in fees to do research on suitable investments, not to find secret investment clubs and then spend the week playing golf. Main Street investors rely on mutual fund managers to check investments and make sure everything's on the up and up. Many people--not just Harry Markopolos--knew something was wrong.

Remember: not everyone invested with Madoff. Many people questioned his too-consistent returns, noticed his small, little-known auditing firm, and went the other direction. By bailing out Madoff's investors, we're punishing smart, ethical people like Harry Markopolos and rewarding unethical rich people who begged to be a part of Madoff's club precisely because it used techniques unavailable to Main Street.

First, let's put all of this in perspective: according to the NY Times (6/29/09), $1.25 billion has already been recovered for Madoff's investors. The WSJ (6/30/2009, A1) cites a similar figure:

Mr. Madoff's attorney, Ira Sorkin, said that Mr. Madoff was a "deeply flawed individual" but maintained that most of the fraud money went to other investors. He added that the $13 billion figure cited by the government as the net losses suffered by account holders since 1995 was overstated, since at least $1 billion in recovered assets will be returned to investors, and perhaps a lot more.

In addition to the to $1 billion, the SIPC has already approved almost $200 million for Madoff's investors:

SIPC has mailed out about $142 million in checks to eligible claimants, out of a total of $188.4 million that already has been approved. [See WSJ (Jane Kim, 6/29/2009, C1)]

The above figures don't include the special tax breaks Congress pushed through for Madoff. Oh, you didn't forget, did you? Congress changed the tax rules to benefit Madoff's investors. (Don't you wish we could do that?) If the test of fair capitalism is whether the rich have to suffer when they make mistakes, America is getting a "D" grade--and I'm being a generous grader.

On top of the tax breaks given to Madoff's investors because of their losses, millions of dollars of taxpayer money is being spent on what is essentially a civil fraud matter. Many middle class and poor Americans suffer fraud at the hands of scam artists. When was the last time you saw local D.A.s and the DOJ spending this much time and effort recovering money for middle-class and poor victims? Where are the tax breaks for small businesses going bankrupt because of the ripple effects from the big banks and hedge funds? I am disgusted by the attention given to investors who were either too lazy to follow basic investing rules or so sophisticated, they had access to special investment vehicles. I am also sorry the WSJ is ruining its credibility by portraying all of Madoff's investors as poor, impoverished souls who bear no responsibility for what has happened to them.

There are no shortcuts. Madoff's investors forgot about that. Now they want us to cover their hides because their exclusive club didn't pan out? Sorry, I don't do handouts to rich people or negligent investors--especially not investors who knowingly violate basic investing rules and look for shortcuts unavailable to Main Street. Non-rich people who invested with Madoff through mutual and feeder funds need to look to the banks and insurance companies for recourse, not the taxpayer. You have my sympathy, but don't push it. Get a job and start saving your pennies like the rest of us. And welcome to Main Street. It ain't so bad.

Oh, and for those investors who want a piece of the hedge fund mystique--try the Blackstone Group (BX). I have a hard time understanding their underlying businesses/investments, so I am steering clear.

Disclosure: as far as I know, I don't own any Blackstone (BX) shares.

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This article has 97 comments:

  •  
    Amen Matthew, nice article. anyone who puts all their eggs in one basket, especially a basket such as Madoff where returns dont relate to common sense gets what they deserve: a big smack-down..feel sorry for single working mothers or starving children in Africa, not madoff investors...
    Jul 01 08:42 AM | Link | Reply
  •  
    Beautiful!! Your article should be published full page in all major newspapers. And shame on the WSJ.
    Jul 01 08:48 AM | Link | Reply
  •  
    It's about time we hear commentary of this sort. There are plenty of other investors out there who have seen their retirement portfolio decimated who don't receive a fraction of the sympathy given the Madoff shareholders.
    Jul 01 09:04 AM | Link | Reply
  •  
    most of goverment higther ups are in on this
    so that's why they will compensate themseftse
    Jul 01 09:05 AM | Link | Reply
  •  
    I can't add anything to the positive feedback above except my thanks.
    Jul 01 09:27 AM | Link | Reply
  •  
    Invest with Madoff and you get 0.00 return when the music stops. It was a fraud so he goes to jail and his assets are stripped. OK so far.

    Invest in some SIVs, CDOs or ABSs from their big name creators and you also get 0.00 return when the scheme has run it's course. Insurance (credit default swap) is worthless - rating agency assessments are worthless. All these folks also tacitly conspired to perpertrate a fraud. But it's a fraud that has no "face". So nobody goes to jail and the perps get to keep their "bonus" for their participation.

    And Citi is still doing it TODAY.
    Jul 01 09:31 AM | Link | Reply
  •  
    Interesting and well written article, but I question its logic. The rich, nearly rich, and soon-to-be-rich have always gotten the best seats at the American table. Always have and always will. To think otherwise is to doubt the American way.
    Jul 01 09:32 AM | Link | Reply
  •  
    Madoff had a reputation and credentials in the Financial Market to manage other people's money. And he stands convicted of criminal Fraud, not poor investment advice. The victims deserve full protection of law...and the rest of us investors deserve a better, earlier, timely, enforcement of the laws designed to protect us from Fraud.
    Jul 01 09:38 AM | Link | Reply
  •  
    Yes, finally, The Voice of Reason.

    Unfortunately, it's not just WSJ, it's all media, including NPR....

    Looking forward to see this article cited on CNN, and other major media...
    Jul 01 09:46 AM | Link | Reply
  •  
    Good Article, I also have little sympathy for those you had all their savings with Madoff.

    How can a investment manager be that big and always beat the market? The bigger you get the more your returns start to deviate to the market return.
    Jul 01 10:03 AM | Link | Reply
  •  
    You are right, of course, than that many "rich" people who invested with Madoff must suffer the consequences. But in fairness, I keep reading about regular not-wealthy investors who got in somehow and lost everything. They may be t he exception, but they should be pitied, not scorned. They should not, however, be compensated any more than anybody else who invests in a fraudulent scheme. Sad but true.
    Jul 01 10:05 AM | Link | Reply
  •  
    Compensation and sympathy are too very different things. Compensation should be based on the rules as defined by our legal system. There are certainly avenues which may be promising for some of the investors - I am sure they will be aggressively pursued. Sympathy is another matter - I find it very hard at age 64 to pass judgment on another person, especially in the context of investment decisions. Of course, in retrospect, it is clear that the "all eggs in one basket" rule should have been followed. But one great investor also said that the best strategy was to put all of your eggs in one basket and watch the basket carefully.
    Jul 01 10:20 AM | Link | Reply
  •  
    Sympathy yes, compensation absolutely not.

    Great article nice to see that some articles don't bow down the the PC crap.

    If the PC police come for you I will stand with you!!!!
    Jul 01 10:21 AM | Link | Reply
  •  
    I can't agree with you more Mat. Good article.
    Jul 01 10:26 AM | Link | Reply
  •  
    " . . . a group of connected, rich suckers who thought they were getting a sweet deal unavailable to Main Street."

    Also add at the end of the sentence, "with a wink and a nod."
    Jul 01 10:27 AM | Link | Reply
  •  
    I have written serveral notes to CNBC saying what you said about Madoff investors. I got no response for obvious reasons. The press portrayed Madoff investors as intellient investors. I regarded them as stupid lazy suckers with more money than sense.

    I was beginning to think I was the only one that thought this way. Thanks for your article.
    Jul 01 10:31 AM | Link | Reply
  •  
    First, "Diversification" is NOT "Investment 101." Read Gerald M. Loeb's "The Battle for Investment Survival." Let someone who lived through the Crash of '29 and subsequent bloodbath correct this bit of misinformation. You want to talk "propaganda?" The "balanced and diversified" mantra is it.

    Second, the Fed and Treasury have TRILLIONS for "structured finance" gangsters who are no less guilty of perpetrating a Ponzi scheme dwarfing Madoff's by several orders of magnitude. Most folks who invested with Madoff were not terribly sophisticated investors. They should be made whole because those whom they believed were watching the hen house were, in fact, in on the fox's wink and a smile.

    That the investing public is largely unsophisticated is more than spoken for by your "Investment 101." That compassion is missing in speaking about a fraud whose life should have been ended long ago (because its existence was in all probability known), speaks for the terrible problem America faces when opinion-makers reveal themselves as ripe for fascism.
    Jul 01 10:35 AM | Link | Reply
  •  
    Great article! I have absolutely no sympathy for the already rich whose greed for more riches was responsible for their loss.
    Jul 01 10:45 AM | Link | Reply
  •  
    What, no screams of outrage about class warfare? Very Interesting!
    Jul 01 10:59 AM | Link | Reply
  •  
    Bravo-- this has needed to be said. Especially the part about the fund managers who claimed they did DD on Madoff, but obviously didn't.

    If only senseless greed were punished more often, perhaps we'd get less of it.
    Jul 01 11:11 AM | Link | Reply
  •  
    Quote: Invest with Madoff and you get 0.00 return when the music stops.

    More like -100%.
    Jul 01 11:29 AM | Link | Reply
  •  
    Great column.

    Our portfolio is largely in retirement funds spread among several entities (IRAs, 401ks, 403bs etc.).

    Down the road, if we get an annuity for retirement, I plan on getting them from at least two providers to give a better chance of surviving a provider insolvency.

    I only started investing in ETFs late last year after the markets imploded because I wanted to see how they would function in a major downturn before investing in them instead of mututal funds (low expense ratios with long-term managers or index funds from major providers).

    These are the types of measures that ll investors should be doing to be able to address the Will Roger's comment "I am more concerned about the return OF my money than the return ON my money."

    I don't expect to ask the government for any assistance with this other than basic enforcement of the legal and accounting requirements for major brokerages and mutual fund providers. I look for funds with separate custodians from managers and major accounting firms doing audits. Most of my investments are in index funds which are very difficult to commit fraud in because of the low turnover.
    Jul 01 11:34 AM | Link | Reply
  •  
    Excellent job, very accurate, especially the question on Blackstone... when is that shoe dropping?
    Jul 01 11:38 AM | Link | Reply
  •  
    Maddoff had 0 turnover. Your statement that low turnover is associated with fraud is nonsensical,


    On Jul 01 11:34 AM rdd wrote:

    > Great column.
    >
    > Our portfolio is largely in retirement funds spread among several
    > entities (IRAs, 401ks, 403bs etc.).
    >
    > Down the road, if we get an annuity for retirement, I plan on getting
    > them from at least two providers to give a better chance of surviving
    > a provider insolvency.
    >
    > I only started investing in ETFs late last year after the markets
    > imploded because I wanted to see how they would function in a major
    > downturn before investing in them instead of mututal funds (low expense
    > ratios with long-term managers or index funds from major providers).
    >
    >
    > These are the types of measures that ll investors should be doing
    > to be able to address the Will Roger's comment "I am more concerned
    > about the return OF my money than the return ON my money."
    >
    > I don't expect to ask the government for any assistance with this
    > other than basic enforcement of the legal and accounting requirements
    > for major brokerages and mutual fund providers. I look for funds
    > with separate custodians from managers and major accounting firms
    > doing audits. Most of my investments are in index funds which are
    > very difficult to commit fraud in because of the low turnover.
    Jul 01 11:43 AM | Link | Reply
  •  
    In their defense the more recent investors (after the '00 crash) thought they were being conservative - their returns were not *that* outsized- they were just very, very consistent.
    And of course it's their own fault if they put every penny with Madoff - but I would be really pissed at the SEC if I were them. If your brokerage goes belly up, but you can't get money from the SIPC because it wasn't even a brokerage in the first place, I would be pretty angry, too.
    I agree, though, that their greed at belonging to an exclusive club probably clouded their judgment, making them think they are somehow super shrewd investors; we all do that. We just don't all dump our money into one guy's hands.
    Jul 01 11:53 AM | Link | Reply
  •  
    In general I agree with the idea that investors must be cognizant and suffer the consequences of the risk they assume when giving their money to other people. Certainly for cases where fraud is not part of the picture this is necessary for markets to function properly.

    And of course there is little or no precedent for this. After all, did the ENRON retirees get compensation for the rape of their assets? In many cases their loses were at the hands of programs they had little control over.

    But - the moral problem in this case is the failure of the SEC - they are supposed to provide some form of protection against the ultimate form of risk that occurred in this case - complete fraud. While the investor must be responsible for his actions, and the reliability of his choices is it completely reasonable for the investor to factor in the mis, non and malfeasance of the SEC in this case? Since the SEC failed in this case, should they not be liable too?

    Of course the problem is that liability of the SEC devolves to the taxpayers - and this they become the ultimate payers. So why should taxpayers pick up the bill for this? SEC regulation doesn't come with a guarantee against fraud, only some (weak it seems) attempt to minimize it.

    So ultimately I think that Madoff's victims should not be compensated. There is no precedent for it, and even the strongest point in their favor, that the failure of the SEC is not a normal risk factor, does not rise to the level that justifies the establishment of a new public entitlement as there is no guarantee the SEC will be infallible in preventing market risk of this sort.
    Jul 01 12:00 PM | Link | Reply
  •  
    This is a terrible premise to say that the defrauded investors should not get the compensation that would be available to any client rich or poor of any brokerage firm if that firm failed: SIPC.

    So you are willing to abrogate the coverage every single person, not just wealthy, get when you have your funds held by a brokerage firm because these investors were defrauded or they violated a diversification rule? (This is a lame argument, by the way, as if to say having your assets in one custodian means you aren't diversified? Doesn't the underlying selection of assets signify diversification? Or do you expect investors to open a different brokerage account at a different firm for each asset purchase to be "diversified" using your definition?)

    Shame on you. These investors are not getting a nickel above and beyond SIPC and what little can be recovered. I think you need to ask the question: If my brokerage firm failed due to a fraud, would I want to be covered under SIPC? Of course. Or would you be writing this article then too? These investors deserve the same, nothing more, nothing less.
    Jul 01 12:29 PM | Link | Reply
  •  
    I worked on the investigation of a large Ponzi on the West Coast in the 1980s. At the peak, the perps had to turn money away - people was so anxious to invest. There are several tip offs - Ponzis tend never to have a losing month or quarter(the perps are afraid they will be hit with redemptions). Ponzi perps tend to create a large number of entities with confusingly similar names and will often tell you something which is true for one of the legitimate entities ("our accountants are ___," "our lawyers are ___") but is not true with respect to the entity in which the Ponzi is being executed. Most Ponzis are initially run by one or a very small group but gradually others become aware of what is going on and "shake down" the perps for a share. Ponzi operators tend to make big political contributions or take other steps to create the impression that they have the approval and imprimatur of the political and regulatory establishment. In the early stages, Ponzis have lots of liquidity and so investors seeking to take their money out receive cash on the barrel head immediately - this tends to build credibility. Because a pure Ponzi leaves the investment money in cash, a Ponzi operator has a great deal of flexibility in describing his investment strategy. I have never figured out what the exit strategy or long range plan of Ponzi operators is. In Madoff's case, it is not entirely impossible that, but for the meltdown of financial markets in the Fall of 08, he might have been able to keep operating until he met his Maker.
    Jul 01 12:35 PM | Link | Reply
  •  
    Although there is much merit to this article, there are legitimate considerations not covered in it. The people who got hurt are not excluded to men who should have done better research or should have "known better" than to invest with a crook. I have read many stories and seen multiple interviews of middle aged or elder ladies who followed the advice of trusted advisers or friends, only to be screwed over by a sick fraudulent egotistical thief. Just because many of these ladies don't know the difference between an investment and a box of sh#t does not mean they deserve to be defrauded. I am talking about very fine people who have not heard of Seeking Alpha or a financial blog. In fact, I have already seen MULTIPLE instances in the Madoff fraud where a husband has died and the widow thought she was provided for. How the hell is a widow supposed to evaluate the attractiveness of investment alternatives, much less even know what the alternatives are. Maybe some of the victims got what they deserved, but
    Jul 01 12:35 PM | Link | Reply
  •  
    cont'd----I don't think all of them deserved to be defrauded. Just my opinion.
    Jul 01 12:36 PM | Link | Reply
  •  
    Thank you for expressing (so pointedly) my outrage also.

    You forgot to add that many of these "victims" are now angry that they are only receiving their principle investment back and not the bloated balance that Madoff printed on their statements. That's the type of people your dealing with here.

    Do we all get our money back for the failure of the govt to control the selfish corruption of the banking industry also?

    This link needs to be posted to all the social bookmarking sites as a counterbalance to the media's biased take on this issue.
    Jul 01 12:49 PM | Link | Reply
  •  
    they should get what they can recover or the limits on the SIPC. Nothing more, nothing less. Thats what investor protection is for and anything above that the investor knows is at risk. These supposed rich people should know better.
    Jul 01 12:52 PM | Link | Reply
  •  
    His remaining assets should be divided and given to the victims based on current net worth. If a victim still has a lot of net worth, then no or minimal compensation. This compensates the most hurt. Normally, I am not a soak the rich, but the rich should have known better and do not deserve to get anything back. The ones that are now destitute should get their proportional share of what's left.

    No public money should go to any investor. Its was their risk.
    Jul 01 12:53 PM | Link | Reply
  •  
    Imperfect as it is, Social Security has become the safety net for many of the average folks who invested indirectly or with incomplete knowledge. I heard of one former NYC businessman/Madoff investor who is now living with children in California. This economy may yet do more to restore the nuclear family and core values than anyone could suspect.
    Jul 01 12:54 PM | Link | Reply
  •  
    Agreed, The SEC investigators become Securities defense schleps and the revolving door should be closed. Madoff wasnot an ordinary hedge fund and the SEC was apmply warned and did nothing.


    On Jul 01 09:38 AM Longinvestor wrote:

    > Madoff had a reputation and credentials in the Financial Market to
    > manage other people's money. And he stands convicted of criminal
    > Fraud, not poor investment advice. The victims deserve full protection
    > of law...and the rest of us investors deserve a better, earlier,
    > timely, enforcement of the laws designed to protect us from Fraud.
    Jul 01 12:57 PM | Link | Reply
  •  
    cont'd

    or that they can only deduct from the IRS their principle balance as opposed to the Madoff statement amount.

    Besides that, the whole market is a Ponzi scheme anyway. First in wins and last out loses just the way Madoff's system worked. Giving your money to anyone is a huge risk and I shouldn't have to pay for your loss as a taxpayer especially when you think you have a special "class" advantage over my ability to invest profitably.
    Jul 01 01:03 PM | Link | Reply
  •  
    Protection or absolution? As a fraud-busting attorney, I agree that the law should severely punish Madoff. But when the victim cries foul with no accountability, then the victim shouldn't expect money back as well.


    On Jul 01 09:38 AM Longinvestor wrote:

    > Madoff had a reputation and credentials in the Financial Market to
    > manage other people's money. And he stands convicted of criminal
    > Fraud, not poor investment advice. The victims deserve full protection
    > of law...and the rest of us investors deserve a better, earlier,
    > timely, enforcement of the laws designed to protect us from Fraud.
    Jul 01 01:05 PM | Link | Reply
  •  
    The talk your didn't hear CNBC reporting was that at Blackstone they knew the market was about to crash. BX IPO marked the market top; why would a blackbox-er want to open up their books by going public? Because they knew the easy money, leveraged deal market was over, and they were cashing out. I honestly thought they were going to take the company private again in March. I mean, why make money the old fashioned way when you can IPO at 30, and buy the company back at 3?
    Jul 01 01:09 PM | Link | Reply
  •  
    Madoff scam validates the well known cliche" there's a sucker born every minute" . It was quite unnerving to observe that so-called " intelligent investors" failed to notice the facade behind super profits by Madoff.
    Jul 01 01:16 PM | Link | Reply
  •  
    As a financial advisor he broke the advisor-client trust in that now everything we recommmend to our clients is seen with uncertainty. That will take strong relationships to overcome. Speaking of relationships, did he have that with theses people. After his hearing cnbc interviewed a client who lost everything. This guy never met with madoff but was trusting his assets to him. I can not imagine my clients handing over their money to me in blind faith and due diligence. as this last decade has showed us, as long as i am making money WHO CARES! enough blame to go around.
    Jul 01 01:21 PM | Link | Reply
  •  
    They didn't fail to notice it...they were greedy. That is why the Trustee is suing many of the investors who in fact knew better than to believe that this was a legitimate investment vehicle.


    On Jul 01 01:16 PM suhas katti wrote:

    > Madoff scam validates the well known cliche" there's a sucker born
    > every minute" . It was quite unnerving to observe that so-called
    > " intelligent investors" failed to notice the facade behind super
    > profits by Madoff.
    Jul 01 01:30 PM | Link | Reply
  •  
    I feel NOT SORRY FOR INVESTORS. They are big ADULTS to know what do they do with their wealthy. They should know or understand how high the investments are risky. So, I FEEL NOT SORRY FOR THEM. It is amazing how brilliant Madoff is playing as ponzi. What are SEC/SPEC doing? I feel sorry for Madoff but he should not deserve the compensation. I read the very good article. I would strongly you to read the articile - www.mkgandhi.org/mgmnt...
    Jul 01 01:36 PM | Link | Reply
  •  
    Translated into simpler terms--- How is a widow, who has relied on her husband to make their family's investments her entire life, now supposed to conclude that an investment firm with thousands of investors and managing billions of dollars is operating fraudulently?
    Of course I am sure you would have been astute enough to recognize it as a sham instantly, unlike the thousands who were scammed. Unfortunately, everyone is not endowed with your vast intellect.


    On Jul 01 01:06 PM mwfall wrote:

    > "How the hell is a widow supposed to evaluate the attractiveness
    > of investment alternatives,..."
    >
    > gee i don't pinbrain. maybe the same way every one else does.
    Jul 01 01:37 PM | Link | Reply
  •  
    Beatiful!! But, since most of Madoff's investors were jews, expect plenty of anti semitism comments. ES
    Jul 01 01:58 PM | Link | Reply
  •  
    This article seems a little over-the-top. You don't need to mindlessly castigate these people who invested with Madoff, its hard to do dilligent homework when the books are cooked and returns are false. The homework investors did was based on fake information. I don't see why any money he has shouldn't be divided up among those he scammed. To me, you are making it into a much bigger deal then it is.
    Jul 01 02:02 PM | Link | Reply
  •  
    Well said. I don't believe that ANY of the Madoff investors are returning their "above market rate" interest payments.
    Jul 01 02:04 PM | Link | Reply
  •  
    martyg: When people talk about widowers and senior citizens, I always think, "Where were the kids?" I help my parents manage their investments. Also, my mom usually sets aside her junk mail and financial offers, including credit card solicitations, for my review. Madoff may have unwittingly taught us another lesson--children and parents should work together to evaluate appropriate investments. In a world of sophisticated scam artists, it no longer makes sense for parents to shield their financial information from their children, who oftentimes have no idea what to expect until after their parents die. Perhaps post-Madoff, families will be more open about their finances and more willing to let grown children see their investments. In most cases, another set of eyes can't hurt.
    Jul 01 02:40 PM | Link | Reply
  •  
    That may be the way it has worked in the past, BUT WE SAY THAT THIS HAS TO CHANGE !! And that it should NOT continue Business as usual.


    On Jul 01 09:32 AM Ferdinand E. Banks wrote:

    > Interesting and well written article, but I question its logic. The
    > rich, nearly rich, and soon-to-be-rich have always gotten the best
    > seats at the American table. Always have and always will. To think
    > otherwise is to doubt the American way.
    Jul 01 02:45 PM | Link | Reply
  •  
    Unfortunately the SEC was aiding and abetting Madoff instead of policing him. It actually willfully obstructed the many bonified requests for M's investigations, those by Marcopoulos just receiving the spotlight for pointing out the most egregious SEC failures. The revolving door relationship between our Gov't Agencies and Corporate America, Wallstreet in particular, are at the core of this mutually protective relationship for the benefit of the (not so) few but to the detriment of Mainstreet which suffers the fallout and then typically pays it again through involuntary taxpayer bailouts. In Madoff's case, he secured an additional level of SEC protection by marrying one daughter to the SEC's vice chairman. A son in law in the highest office making sure your Ponzi remains undisturbed.
    Only time will tell, whether new congressional regulations (in progress?) will provide any better protection for Mainstreet America. In the meantime, however, the culprits at the Bush SEC must be held accountable for justice and to mitigate against more brazen abuse.
    Last time I checked my passport, it says "...that Government of the People, by the People, for the People shall not perish." Alas, trillions and lots People's livelihoods have indeed perished and much more fallout to come. Isn't it time we the People take our Government back? Abe Lincoln and your Whitehouse successor/fan from Springfield, help us if you are listening!
    Jul 01 02:59 PM | Link | Reply
  •  
    First Off It is basic investing rule that you should diversify your investments. In many courses and seminars it is always stressed that investors should diversify their investments and NOT put all of there eggs in one basket.

    Second, regarding the Fed & Treasury Trillions, which many in the public greatly question, those funds were primarily to go to public companies that would have a negative impact on the total general public at large. We all a working bank system to survive.
    Still we question how and who these funds went to. And we expect to get most if not all of the funds back at some time. A major difference here vs helping out the Madoff investors.

    So it seems obvious that many here disagree with your position.


    On Jul 01 10:35 AM RiskAverseAlert wrote:

    > First, "Diversification" is NOT "Investment 101." Read Gerald M.
    > Loeb's "The Battle for Investment Survival." Let someone who lived
    > through the Crash of '29 and subsequent bloodbath correct this bit
    > of misinformation. You want to talk "propaganda?" The "balanced and
    > diversified" mantra is it.
    >
    > Second, the Fed and Treasury have TRILLIONS for "structured finance"
    > gangsters who are no less guilty of perpetrating a Ponzi scheme dwarfing
    > Madoff's by several orders of magnitude. Most folks who invested
    > with Madoff were not terribly sophisticated investors. They should
    > be made whole because those whom they believed were watching the
    > hen house were, in fact, in on the fox's wink and a smile.
    >
    > That the investing public is largely unsophisticated is more than
    > spoken for by your "Investment 101." That compassion is missing in
    > speaking about a fraud whose life should have been ended long ago
    > (because its existence was in all probability known), speaks for
    > the terrible problem America faces when opinion-makers reveal themselves
    > as ripe for fascism.
    Jul 01 03:03 PM | Link | Reply
  •  
    Excellent commentary. People that knowingly placed all their wealth with Madoff experience what is known in the financial world as concentration risk. Anyone greedy enough to place all their assets in one entity unfortunately deserve to lose it all.
    Jul 01 03:16 PM | Link | Reply
  •  
    Unfortunately; the famous quote from "Wall Street " movie - "Greed is Good!!" did not work in favour of Madoff investors..
    - suhas katti


    On Jul 01 01:30 PM Neal H. Levin wrote:

    > They didn't fail to notice it...they were greedy. That is why the
    > Trustee is suing many of the investors who in fact knew better than
    > to believe that this was a legitimate investment vehicle.
    Jul 01 04:05 PM | Link | Reply
  •  
    Social Security is a Ponzi scheme with good intentions.

    Also, I expect to see a suit against the regulators who should have to answer for the paper trail they ignored from Markopolos. Not only is Madoff liable, but so should be the negligent regulators.

    This was a failure of individuals, not the system.

    On Jul 01 10:35 AM RiskAverseAlert wrote:

    > First, "Diversification" is NOT "Investment 101." Read Gerald M.
    > Loeb's "The Battle for Investment Survival." Let someone who lived
    > through the Crash of '29 and subsequent bloodbath correct this bit
    > of misinformation. You want to talk "propaganda?" The "balanced and
    > diversified" mantra is it.
    >
    > Second, the Fed and Treasury have TRILLIONS for "structured finance"
    > gangsters who are no less guilty of perpetrating a Ponzi scheme dwarfing
    > Madoff's by several orders of magnitude. Most folks who invested
    > with Madoff were not terribly sophisticated investors. They should
    > be made whole because those whom they believed were watching the
    > hen house were, in fact, in on the fox's wink and a smile.
    >
    > That the investing public is largely unsophisticated is more than
    > spoken for by your "Investment 101." That compassion is missing in
    > speaking about a fraud whose life should have been ended long ago
    > (because its existence was in all probability known), speaks for
    > the terrible problem America faces when opinion-makers reveal themselves
    > as ripe for fascism.
    Jul 01 04:22 PM | Link | Reply
  •  
    Tellin it like it is! When something sounds too good to be true.
    Couldn't agree more
    Jul 01 05:05 PM | Link | Reply
  •  
    There is nothing wrong with sympathy, nor returning stolen money to investors when it is found. The SEC is supposed to close down frauds when they are small so people do not get hurt. Not everyone was rich or financially savy either.

    www.azstarnet.com/sn/b...
    Jul 01 05:10 PM | Link | Reply
  •  
    Superb article !

    Did we all get compensated when the market crashed 2000-2003 ?
    Hell No !

    Lin
    Jul 01 05:38 PM | Link | Reply
  •  
    The SIPC sums are more than adequate to cover the SEC's screw up. Excellent article. Thank you!
    Jul 01 06:31 PM | Link | Reply
  •  
    Some of you have provided a relevant argument, which says that there are certain circumstances where the "widow", to use the example, had no means by which to evaluate her late husband's investment choices. Unfortunately, this scenario represents the exception, and not the rule. I doubt that all of those who are advancing that argument share the same compassion/sympathy for those people that signed mortgage documents they couldn't understand - another example of an exception being mistakenly applied to an entire group of people who, for the most part, purchased a home to make a quick profit, knowing very well what their obligations were.
    Furthermore, claiming that Madoff investors are being shafted by the system only serves to prove Matthew's argument: there are two sets of standards in place. And no, everyone who talks about the double standard is not naive; we all "get it", but that shouldn't preclude someone like Matthew from speaking the truth.
    Jul 01 07:34 PM | Link | Reply
  •  
    Here is my take on this matter.
    People tried for over 9 years to get the Feds off their butts to do their job and investigate Madoff.
    The “Feds” wouldn’t budge.
    The “Feds” are lazy, incompetent, and that’s on a good day.
    The Lawyers for the Feds, like in the Justice Department are also lazy, incompetent and third rate lawyers on a good day.
    There aren’t that many good days.
    I myself had dealings with the Feds.
    We had a RICO case. They said they would file it for us. They took it, and didn’t do a damn thing.
    We even got a phone call from John Ashcroft’s office when he was the US Attorney General. That's how high it went.
    They did nothing.
    We had 108 pages of pleadings from postal crimes, to interstate commerce.
    So, I have no sympathy for these investors.
    All they say was the “bright lights” and a “fast buck.”
    AND NOW WE’RE SUPPOSED TO BAIL THEM OUT?
    NO ONE FROM THE GOVERNMENT VIS-À-VIS FEDS BAILED US OUT.
    Like the FBI told us, “WE FEEL YOUR PAIN….”
    It would have been more heart felt if they said to us, “LET THEM EAT CAKE….”
    Jul 01 07:35 PM | Link | Reply
  •  
    I just don't feel sympathetic. Poor Ruth is having to survive on 2 1/2 Million but my bet is that she knew of the scheme. What are the special tax breaks they are receiving? I lost $50,000. on a Lehman Bond, is the government going to give me a "Special Tax Break"? I followed all the rules and did diversify, so I guess I'm better off than a lot of other people.
    Jul 01 07:54 PM | Link | Reply
  •  
    I'm sorry, did I miss something? Who was this Madoff guy?
    Jul 01 08:21 PM | Link | Reply
  •  
    Finally, a voice of reason


    On Jul 01 12:29 PM EJL wrote:

    > This is a terrible premise to say that the defrauded investors should
    > not get the compensation that would be available to any client rich
    > or poor of any brokerage firm if that firm failed: SIPC.
    >
    > So you are willing to abrogate the coverage every single person,
    > not just wealthy, get when you have your funds held by a brokerage
    > firm because these investors were defrauded or they violated a diversification
    > rule? (This is a lame argument, by the way, as if to say having your
    > assets in one custodian means you aren't diversified? Doesn't the
    > underlying selection of assets signify diversification? Or do you
    > expect investors to open a different brokerage account at a different
    > firm for each asset purchase to be "diversified" using your definition?)
    >
    >
    > Shame on you. These investors are not getting a nickel above and
    > beyond SIPC and what little can be recovered. I think you need to
    > ask the question: If my brokerage firm failed due to a fraud, would
    > I want to be covered under SIPC? Of course. Or would you be writing
    > this article then too? These investors deserve the same, nothing
    > more, nothing less.
    Jul 01 08:22 PM | Link | Reply
  •  
    EJL: I don't mind Madoff investors getting SIPC funds--the SIPC is funded by member broker-dealers, not taxpayers. Above all, the special tax breaks bother me, as well as the speed by which Congress changed tax laws to benefit Madoff's investors.

    I am also bothered that our government is spending so much time prosecuting Madoff when more urgent matters exist, especially ones that affect all taxpayers. When was the last time you saw the government move so quickly on issues that primarily impact middle-class and poor Americans?
    Jul 01 08:59 PM | Link | Reply
  •  
    Why all the sympathy for Madoff investors (only)? There are lots of people that have lost money in schemes that the perpetrators knew wouldn't work. Ever hear of Lehman bros? How about GM? The investors, me included, haven't been offered any special deal because we were swindled out of our money. Either we should offer a "safety net" for all investors or none.
    Jul 01 11:08 PM | Link | Reply
  •  
    We don't think of you as coldhearted. Judging from the comments, we think of you as a hero. Your follow-up comments are even better than the main article.
    Jul 01 11:42 PM | Link | Reply
  •  
    Liked your article; liked your take.

    Re: the aiders and abettors, i.e., Congress and the Exec. Br. putative "regulators." A recent "Playboy" observation captured things well, to wit, "Congress should wear uniforms like NASCAR drivers so we can (better) tell who their sponsors are."
    Jul 02 01:13 AM | Link | Reply
  •  
    I agree except for the mothers. Like Madoff investors, they probably got where they are by making bad decisions. Feel sorry for their children.


    On Jul 01 08:42 AM pchurch wrote:

    > Amen Matthew, nice article. anyone who puts all their eggs in one
    > basket, especially a basket such as Madoff where returns dont relate
    > to common sense gets what they deserve: a big smack-down..feel sorry
    > for single working mothers or starving children in Africa, not madoff
    > investors...
    Jul 02 01:54 AM | Link | Reply
  •  
    Wow! You really put this well. Your point of view makes perfect sense. When I see the victims, especially when they are too old to ever make it back, I feel sorry for them, but you are so right about the investment houses, they owe their clients the money for not doing due diligence. Also, I read somewhere recently, that Madoff didn't make a single trade.

    The SEC should also be held responsible for their total lack of following through on all the red flags they were offered.

    You are also right that if the market hadn't crashed, this crime and stupidity on the part of the investors, would have gone on and on.

    Well done in having the courage to write what you believe!

    There is no doubt in my mind that Madoff is a truly bad person, committing a financial Holocaust in his victims. I also think that if it is too good to be true, it is not true!

    If these investors had been the little people, nothing would be done for them, it is the type of powerful people who were tricked that has made it so big and that is very sad. Good, ordinary people get swindled every day, and no one cares, and they never get compensated.

    All the fees made by the investment houses and Hedge Funds should be returned, as these men or women, did not do their jobs, so why should they be compensated. Their compensation came out of the investments they made for their clients which were not investments as he never traded, how could they get away with what they did?
    Jul 02 06:29 AM | Link | Reply
  •  
    To RiskAverseAlert: You are right, and I can tell by the negative comment number that most people still believe the big lie. The Fed has fooled so damn many, it just amazes me! But it won't last forever, the chickens are coming home to roost, and the debt fox is waiting to engorge itself. Buy silver and gold, the Fed's turning to mold.


    On Jul 01 10:35 AM RiskAverseAlert wrote:

    > First, "Diversification" is NOT "Investment 101." Read Gerald M.
    > Loeb's "The Battle for Investment Survival." Let someone who lived
    > through the Crash of '29 and subsequent bloodbath correct this bit
    > of misinformation. You want to talk "propaganda?" The "balanced and
    > diversified" mantra is it.
    >
    > Second, the Fed and Treasury have TRILLIONS for "structured finance"
    > gangsters who are no less guilty of perpetrating a Ponzi scheme dwarfing
    > Madoff's by several orders of magnitude. Most folks who invested
    > with Madoff were not terribly sophisticated investors. They should
    > be made whole because those whom they believed were watching the
    > hen house were, in fact, in on the fox's wink and a smile.
    >
    > That the investing public is largely unsophisticated is more than
    > spoken for by your "Investment 101." That compassion is missing in
    > speaking about a fraud whose life should have been ended long ago
    > (because its existence was in all probability known), speaks for
    > the terrible problem America faces when opinion-makers reveal themselves
    > as ripe for fascism.
    Jul 02 07:59 AM | Link | Reply
  •  
    IF STATE ASSISTS MADOFF'S VICTIMS HOW ABOUT MILLIONS OF OTHERS WHO ARE VICTIMS OF SMALLER BUT SIMILAR SCHEMES AND VICTIMS OF BROKERS AND BROKERAGE FIRMS WHO CHEAT, LIE AND DECEIVE.???
    Jul 02 08:49 AM | Link | Reply
  •  
    As soon as I read "Middle-class investors like you and I," I stopped reading. If you're going to write a column, please learn basic grammar first.
    Jul 02 09:21 AM | Link | Reply
  •  
    I wonder sometimes at the accounting too.

    If an investor gave Madoff 1 million, and was told that this had turned into 2 million over the years, are they claiming that they lost 2 million, or the 1?

    Was this a 50 Billion dollar scheme or a 20 Billion dollar scheme?
    Jul 02 09:24 AM | Link | Reply
  •  
    I've had the privilege of serving widows. Some are absolutely devastated emotionally after their loss. Additionally they left the finances to their husbands. There are certain standards that one assumes when becoming a fiduciary. If that fiduciary gave money to Madoff he or she was just as guilty of the same fraud he was. I realize there are certain generalities that are made when painting with a broad brush but there are individuals to which that brush stroke does not apply.


    On Jul 01 01:06 PM mwfall wrote:

    > "How the hell is a widow supposed to evaluate the attractiveness
    > of investment alternatives,..."
    >
    > gee i don't pinbrain. maybe the same way every one else does.
    Jul 02 09:40 AM | Link | Reply
  •  
    That's no reason for us tobal them out.

    -Mark


    On Jul 01 09:32 AM Ferdinand E. Banks wrote:

    > Interesting and well written article, but I question its logic. The
    > rich, nearly rich, and soon-to-be-rich have always gotten the best
    > seats at the American table. Always have and always will. To think
    > otherwise is to doubt the American way.
    Jul 02 09:57 AM | Link | Reply
  •  
    Rafat - what if the majority of these investors were Muslim? Would you feel the same way? What if all those "charitable" Muslim organizations in the U.S. that do so much to improve society in this country and around the world lost billions of dollars? Would you really feel the same way, Rafat?
    Jul 02 10:47 AM | Link | Reply
  •  
    The Madoff "investors" apparently thought they were in on some sort of privileged "insider's" deal where, in a secret trading scheme (front running?? trading on non-public info?? stealing from others through the 'clearing' process??) the money magically flowed to Uncle Bernie, regardless of market direction, who was nice enough to share it with friends and people he rubbed elbows with at exclusive clubs.

    Instead, they got clipped by a dangerous con man, and their money was essentially stolen. That is a real tragedy for them on a personal level, as is any crime victim's loss.

    This investment profile is deeply flawed in so many ways, however, that it is hard to know where to begin. If you think you are in on some sort of secret scheme to extract money from the markets through illegal or shady means, then shame on you. If you put millions into Uncle Bernie's Ponzi scheme without bothering to check on obvious things like -

    a) Where were the trade confirms from the other side of the fake trades?

    b) Why did he have a joker auditor firm instead of a major firm? (I'll ignore the question of what a joke most of the major auditing firms are for another day)

    c) Why was everything such a secret, with Bernie refusing to answer basic questions when potential investors came in for basic DD?

    d) How were the returns so amazingly consistent, regardless of volume, market direction, interest rates, etc.?

    e) Why would Bernie be motivated to share these illicit, magical gains, anyway?

    f) Why were the statements frequently filled with trades that, upon simple examination, didn't correspond to market prices or volumes?

    g) Why were the returns non-reproducable by anyone else who was examining the situation and attempting to validate Bernie's methods?

    ...then shame on you. Shame, shame, shame, and stop whining!

    I'm not the most diversified investor, and I don't mind having 20% of my funds in one really good idea, or a very compelling sector bet, like long oil & gas producers in 2004, or short homebuilders in mid-2007 - but that's about as far as I go - putting 100% in to a hedge fund - which is what Bernie was running - is a total joke, and they are getting what they deserve for that huge mistake. The hedge fund world is crammed full of fraudsters, phony audits, and assorted criminal activity. Or don't you read the papers?

    Yes, Bernie is a scumbag and it's too bad they lost a ton of money, but they were reckless and greedy, and it's certainly not the government's business to bail out suckers, rich or poor. As they say in Honduras - tough bananas.

    They should sue the crap out of all the feeder funds and the shady characters who run them - I'd love to see the Courts go after some of these jokers who are shuffling money around, and lying to investors about DD and the consistency of returns - based on huge kickbacks from the managers. It's a pretty sordid business, and now the rotten side has been partially exposed. There's a lot more rot there, but again, that's for another day.

    The Madoff 'victims" are lucky the SPIC is covering them - even that's pretty questionable - and to ask for more from the government is the height of vulgar greed.
    Jul 02 11:02 AM | Link | Reply
  •  
    I think you are referring to the fraudulent taxes paid by investors on fraudulent gains/income over the years and changes that were made to accommodate such a massive fraud in providing a farther look back. I may be wrong, but if in the interest of fairness, it seems to make sense to allow these folks who paid all these taxes to recoup them if the gains were never there.

    However, in some cases, which I know of personally, the investors were there for so long, that the many years of fraudulent taxes paid may very well have exceeded the original investment (which should be the limit of what can be recovered and not the subsequent non existent growth, i.e. I may have lost 10 million, but I only invested 3 million 15 years ago, so i should only be entitled to receive up to 3 million back between tax refunds, SIPC, and recovered assets). This seems like a fair way to approach it, regardless of whether you invested $100k through a feeder or $100 million directly.

    The government has the responsibility to prosecute such a fraudster, so I'm not of the opinion that these efforts are wasted (although I truly believe a slow death is the correct punishment - we don't need this type of person anywhere in our society). Let's be careful when talking about how this affects all tax payers. Why? If the government did nothing now, why would any taxpayers want to get involved with capital markets or capital formation, two very important functions in a capitalist society (even in one with socialist tendencies!)

    The last time I saw the government hurry to help all taxpayers were these ridiculous bailout packages they rushed to sign last fall. Was that a good idea? Maybe, maybe NOT. My point is that haste isn't the answer. A more pragmatic approach would be nice, but when congress is so interested in getting re-elected, the best long term policies are often replaced with short term feel good policies. Where is the short term sacrifice for long term health in our institutions? This is what we need now to remind ourselves of what made this country great, hard work and sacrifice, not leverage and outwardly focused blame.


    On Jul 01 08:59 PM Matthew Rafat wrote:

    > EJL: I don't mind Madoff investors getting SIPC funds--the SIPC is
    > funded by member broker-dealers, not taxpayers. Above all, the special
    > tax breaks bother me, as well as the speed by which Congress changed
    > tax laws to benefit Madoff's investors.
    >
    > I am also bothered that our government is spending so much time prosecuting
    > Madoff when more urgent matters exist, especially ones that affect
    > all taxpayers. When was the last time you saw the government move
    > so quickly on issues that primarily impact middle-class and poor
    > Americans?
    Jul 02 11:43 AM | Link | Reply
  •  
    Does that mean we should accept "the American way?" I hope not.


    On Jul 01 09:32 AM Ferdinand E. Banks wrote:

    > Interesting and well written article, but I question its logic. The
    > rich, nearly rich, and soon-to-be-rich have always gotten the best
    > seats at the American table. Always have and always will. To think
    > otherwise is to doubt the American way.
    Jul 02 12:11 PM | Link | Reply
  •  
    I think the logic implied in the article is flawed. The free market has nothing to do with whether or not Madoff investors get their funds back. They did not know Madoff was doing anything illegal. If you were one of those who lost a lifetime's savings, your article would have a slightly different sentiment.
    Jul 02 12:15 PM | Link | Reply
  •  
    (1) Diversification is part of Investing 101. I took finance as part of my MBA program. I know what I learned. (2) If people are not sophisticated enough (or intelligent enough) to have seen the dangers in Madoff's scheme, they should have stayed with Bank CDs. (3) We can't make whole everyone who loses their life savings by making dumb investment choices. Why should I pay for someone else's mistakes? I shouldn't.


    On Jul 01 10:35 AM RiskAverseAlert wrote:

    > First, "Diversification" is NOT "Investment 101." Read Gerald M.
    > Loeb's "The Battle for Investment Survival." Let someone who lived
    > through the Crash of '29 and subsequent bloodbath correct this bit
    > of misinformation. You want to talk "propaganda?" The "balanced and
    > diversified" mantra is it.
    >
    > Second, the Fed and Treasury have TRILLIONS for "structured finance"
    > gangsters who are no less guilty of perpetrating a Ponzi scheme dwarfing
    > Madoff's by several orders of magnitude. Most folks who invested
    > with Madoff were not terribly sophisticated investors. They should
    > be made whole because those whom they believed were watching the
    > hen house were, in fact, in on the fox's wink and a smile.
    >
    > That the investing public is largely unsophisticated is more than
    > spoken for by your "Investment 101." That compassion is missing in
    > speaking about a fraud whose life should have been ended long ago
    > (because its existence was in all probability known), speaks for
    > the terrible problem America faces when opinion-makers reveal themselves
    > as ripe for fascism.
    Jul 02 12:18 PM | Link | Reply
  •  
    Every Madoff investor who lost money is deserving of sympathy, but being compensated under the law by having some right to pro rata forced rebates from those who had earlier withdrawn their investments is not justice -- it seems to me to be a socialistic response to i an investment loss due to poor timing. And we have all done that, haven't we. Of course, if it can be proven that any of those those who made earlier withdrawals knew Madoff was running a Ponzi game, in effect having inside information about fraud, deserve, at a minimum, to have their withdrawals put in the pot for those who did not cash in early.
    Jul 02 12:36 PM | Link | Reply
  •  
    you people blow my mind...go to the USA Today website and read the letters to the judge...not all were rich, foolish perhaps.
    Jul 02 12:38 PM | Link | Reply
  •  
    I would be careful about criticizing someone else for his spelling when you write "stupidity assertions."


    On Jul 01 02:29 PM martyg wrote:

    > painting everybody with the same brush, in this swindle, is as disingenuous
    > as can be conceived.
    >
    > your 89 year old mother and 92 year old father should be now living
    > with you due to the loss of their life's savings. and there is a
    > difference between losing $200,000, your total savings, or $10,000,000
    > that can be managed. and the stupidity assertions you make are the
    > work of a self centered talentless egotist who can't spell.
    > ---mr matthew arafat.
    >
    > if you believe this is a personal attack then you are correct, despite
    > the fact that it will bounce off your selfish brain.
    Jul 02 12:43 PM | Link | Reply
  •  
    See "user396040". Common sense with little 'attitude'. Does the Ponziist have a vision of the 'endgame'? Most of us would expect this type of situation to arise out of an effort by the 'custodian' to retrieve investment positions gone sour. In Madoff's case there was never an investment made other than to a cash vehicle. It was Ponzi from the get go. Looks like it was a headsup eyes wide open straight trade of the hereafter for the hereandnow. This is what one of the faces of evil looks like.
    Jul 02 12:45 PM | Link | Reply
  •  
    As far as I have been able to tell you are correct as to Madoff. In the case I worked on the Ponzi operator merely deposited the investments in a bank account and wrote checks on the account as needed. In the organization, there was an expression - "the magic checkbook" - used to describe this operation. Huge political and charitable donations were made, and requests for redemption were promptly settled in cash. In the case I worked on, the Ponzi was showing a much higher rate of return than Madoff was showing and so the "deficit" between funds on hand and notional account value grew large much faster. I still am surprised that in both cases, the perps did not seem to have an exit strategy - move money quietly to a country with no extradition agreement with the United States and take a well timed overseas trip. For example, I suspect a perp could purchase a large amount of Venezuelan government debt held on account in a Caracas brokerage and then offer Hugo Chavez the forgiveness of half of the bonds in exchange for asylum. In both of these cases, there is apparently no evidence of a plausible exit strategy and, given the time and resources available to the perps as well as the sluggish, brain dead response of the regulatory authorities, I find this very surprising. Perhaps, there is a subconscious sense of guilt and a "need" to be punished. This whole problem - as well as the overall financial meltdown - should be studied at least as thoroughly by the psychiatric profession as by economists and accountants.


    On Jul 02 12:45 PM searcher wrote:

    > See "user396040". Common sense with little 'attitude'. Does the Ponziist
    > have a vision of the 'endgame'? Most of us would expect this type
    > of situation to arise out of an effort by the 'custodian' to retrieve
    > investment positions gone sour. In Madoff's case there was never
    > an investment made other than to a cash vehicle. It was Ponzi from
    > the get go. Looks like it was a headsup eyes wide open straight trade
    > of the hereafter for the hereandnow. This is what one of the faces
    > of evil looks like.
    Jul 02 01:32 PM | Link | Reply
  •  
    From Reuters: news.yahoo.com/s/nm/20...

    "Walker-Lightfoot, a lawyer in the SEC's Office of Compliance Inspections and Examinations, sent emails to a supervisor saying information provided by Madoff during her review didn't add up and suggesting a set of questions to ask his firm, the report said. One of Walker-Lightfoot's supervisors on the case was Eric Swanson...Swanson later married Madoff's niece."

    Here are some quick responses to the comments above:

    1. Someone wrote, "If you were one of those who lost a lifetime's savings, your article would have a slightly different sentiment." Perhaps you are right; however, I diversify my investments and I buy investments available to the public. I do not and cannot invest in hedge funds or other non-transparent clubs.

    2. Two people have criticized my grammar and spelling--please point out specific mistakes. One person wrote that "investors like you and I could not get Madoff" should have been written as "investors like you and me..." I disagree, but I will check my Strunk and White manual later.

    3. An anonymous person implied that I would feel differently had Madoff's investors been of a different religion, more specifically Islam. That's the kind of irrelevant, divergent thinking that Madoff's investors want to avoid if they want any chance of sympathy. People are upset because of perfectly rational factors:

    a) Madoff's investors should have diversified their investments;

    b) Madoff's investors are receiving special treatment from the government in the form of special tax breaks (paid for by general taxpayers) and more-than-usual government resources;

    c) Madoff's investors are seeking to portray themselves as poor widows when most of them are probably still more affluent than 95% of Americans (take a look at Madoff's client list, and you'll see many trusts, private banks, foundations, corporations, and LLCs);

    d) most Madoff investors would not have invested heavily with Madoff unless they believed he had an unfair edge or special connections unavailable to the public investor;

    e) Madoff's investors believed Madoff was using investment strategies unavailable to the general public (they were right--it just wasn't the strategy they expected);

    People are also upset because they see a fundamental shift in values. In the old days, the rich believed they had a duty to do public service. They recognized that capitalism necessarily results in winners and losers, and the government could not solve the problems of vast inequality and disparate opportunities by itself. Look at Theodore Roosevelt, John D. Rockefeller, Jr., and John Pierpont Morgan. It's hard to remember now that JP Morgan bailed out the federal government, but it really did happen.

    I'm not saying all rich persons have lost their moral compasses. Eli Broad, Warren Buffett, Ted Turner, and Bill and Melinda Gates are doing wonderful things, but most of us work hard every single day and will probably never be worth millions of dollars, or even one million dollars.

    Most of Madoff's investors got to the financial promised land and squandered their chance at permanent retirement. They did so voluntarily--no one forced them to violate basic investing rules and to invest heavily with Madoff. Thus, it is hard to stomach the general media's sympathetic coverage of Madoff's investors when so many Americans are homeless, out of work, and live paycheck to paycheck.
    Jul 02 02:12 PM | Link | Reply
  •  
    Technically, it should be "like me", but if you read this article only to find grammical mistakes you are a pedant, whose fondest memories are from your 9th grade latin class. (opps that should be Latin for those so inclined to worry about such things.)

    The material is good. You shouldn't feel compelled to defend it particularly from a twit who questions what your faith has to do it.

    These people are like the drunk driver who after many successful runs hits a telephone pole and wants the insurance company to replace the car.











    On Jul 02 02:12 PM Matthew Rafat wrote:

    > From Reuters: news.yahoo.com/s/nm/20...
    >
    >
    > "Walker-Lightfoot, a lawyer in the SEC's Office of Compliance Inspections
    > and Examinations, sent emails to a supervisor saying information
    > provided by Madoff during her review didn't add up and suggesting
    > a set of questions to ask his firm, the report said. One of Walker-Lightfoot's
    > supervisors on the case was Eric Swanson...Swanson later married
    > Madoff's niece."
    >
    > Here are some quick responses to the comments above:
    >
    > 1. Someone wrote, "If you were one of those who lost a lifetime's
    > savings, your article would have a slightly different sentiment."
    > Perhaps you are right; however, I diversify my investments and I
    > buy investments available to the public. I do not and cannot invest
    > in hedge funds or other non-transparent clubs.
    >
    > 2. Two people have criticized my grammar and spelling--please point
    > out specific mistakes. One person wrote that "investors like you
    > and I could not get Madoff" should have been written as "investors
    > like you and me..." I disagree, but I will check my Strunk and White
    > manual later.
    >
    > 3. An anonymous person implied that I would feel differently had
    > Madoff's investors been of a different religion, more specifically
    > Islam. That's the kind of irrelevant, divergent thinking that Madoff's
    > investors want to avoid if they want any chance of sympathy. People
    > are upset because of perfectly rational factors:
    >
    > a) Madoff's investors should have diversified their investments;
    >
    >
    > b) Madoff's investors are receiving special treatment from the government
    > in the form of special tax breaks (paid for by general taxpayers)
    > and more-than-usual government resources;
    >
    > c) Madoff's investors are seeking to portray themselves as poor widows
    > when most of them are probably still more affluent than 95% of Americans
    > (take a look at Madoff's client list, and you'll see many trusts,
    > private banks, foundations, corporations, and LLCs);
    >
    > d) most Madoff investors would not have invested heavily with Madoff
    > unless they believed he had an unfair edge or special connections
    > unavailable to the public investor;
    >
    > e) Madoff's investors believed Madoff was using investment strategies
    > unavailable to the general public (they were right--it just wasn't
    > the strategy they expected);
    >
    > People are also upset because they see a fundamental shift in values.
    > In the old days, the rich believed they had a duty to do public service.
    > They recognized that capitalism necessarily results in winners and
    > losers, and the government could not solve the problems of vast inequality
    > and disparate opportunities by itself. Look at Theodore Roosevelt,
    > John D. Rockefeller, Jr., and John Pierpont Morgan. It's hard to
    > remember now that JP Morgan bailed out the federal government, but
    > it really did happen.
    >
    > I'm not saying all rich persons have lost their moral compasses.
    > Eli Broad, Warren Buffett, Ted Turner, and Bill and Melinda Gates
    > are doing wonderful things, but most of us work hard every single
    > day and will probably never be worth millions of dollars, or even
    > one million dollars.
    >
    > Most of Madoff's investors got to the financial promised land and
    > squandered their chance at permanent retirement. They did so voluntarily--no
    > one forced them to violate basic investing rules and to invest heavily
    > with Madoff. Thus, it is hard to stomach the general media's sympathetic
    > coverage of Madoff's investors when so many Americans are homeless,
    > out of work, and live paycheck to paycheck.
    Jul 02 02:37 PM | Link | Reply
  •  
    From the original article "He added that the $13 billion figure cited by the government as the net losses suffered by account holders since 1995 was overstated, since at least $1 billion in recovered assets will be returned to investors, and perhaps a lot more."

    What irks me is that the media reports the Madoff had a $50 billion fraud scheme. As I suspected, much of that was returned to investors. For instance, if you originally invested $1m and over time your account rose to $2m (fraudulantly) and you withdrew the first $1m, did you really lose $1m? If you withdrew $2m and left the fund, should your assest be attached because you were a beneficiary of the fraud?

    Similarly, during the Enron scandal, I saw an interview with a man who 'lost' $100,000 of Enron stock in his 401K. Well, he probably paid $5,000 (or maybe even less - maybe it was all given to him as matching) for that stock and the rest he made as Enron stock went up because of the fraud. I claim he lost $5,000 not $100,000.
    Jul 02 05:59 PM | Link | Reply
  •  
    I agree with your article except your closing commentary re: Blackstone. BX is an asset manager which earns %age fees based on AUM's. While it is a risky investment, I cannot see how it is a fraud.
    Jul 02 09:51 PM | Link | Reply
  •  
    "The material is good. You shouldn't feel compelled to defend it particularly from a twit who questions what your faith has to do it."

    Well put. This is thinly-veiled anti-Semitism cloaked in a hate-filled pseudo-academic soliliquy. Nice try.
    Jul 03 11:13 AM | Link | Reply
  •  
    "The material is good. You shouldn't feel compelled to defend it particularly from a twit who questions what your faith has to do it."

    Mmhmm. This is just thinly veiled anti-Semitism cloaked in a hate filled pseudo-academic soliliquy. Nice try.
    Jul 03 11:16 AM | Link | Reply
  •  
    User 349707: if you're going to make wild accusations, stop hiding--print your full name like I do when I write something here. Also, try to provide some evidence or statements that support your statements. You haven't done so--and you won't be able to.
    Jul 03 01:53 PM | Link | Reply
  •  
    In case anyone is interested, I've written a follow-up to this article that explains the SIPC in more detail:

    willworkforjustice.blo...
    Jul 03 01:54 PM | Link | Reply
  •  
    I make this comment many times to friends. The fact that one is legal, yet the other is not is only a minor difference. When you buy something with your good money, and that thing is leverage, you are infact paying your good money for nothing (debt). You are not told this. So in fact in each instance the people are paying for nothing with their money. they are getting a future income stream based in that debt. with madoff you were getting a future income stream based on new investors. the whole sstem turned out to be one huge ponzi scheme and the peope who ran and desigend it are still doing so.

    Pandit in my view is symptomatic of the whole disease, and should be shot. His hedge fund was only based upon buying bonds with cheap leverage. You were in fact just buying with good money nothing. It blew up, he made hundreds of millions and became head of citit.

    Now the fed is attempting to make credit cheap again so wall street can do it once more.


    On Jul 01 09:31 AM stfree wrote:

    > Invest with Madoff and you get 0.00 return when the music stops.
    > It was a fraud so he goes to jail and his assets are stripped. OK
    > so far.
    >
    > Invest in some SIVs, CDOs or ABSs from their big name creators and
    > you also get 0.00 return when the scheme has run it's course. Insurance
    > (credit default swap) is worthless - rating agency assessments are
    > worthless. All these folks also tacitly conspired to perpertrate
    > a fraud. But it's a fraud that has no "face". So nobody goes to
    > jail and the perps get to keep their "bonus" for their participation.
    >
    >
    > And Citi is still doing it TODAY.
    Jul 03 05:36 PM | Link | Reply
  •  
    I feel very sorry for many of those who, with little sophistication, were screwed out of their lives savings.

    That said, too bad.

    There should be recourse in civil courts against the SEC personelle who were presented a compelling case to look into Madoff and did nothing.

    Madoff gave a lot of money to high level politicians. It would be good to know, under oath, if anyone at the SEC was disuaded from pursuing Madoff by any of our elected officials.
    Jul 03 05:49 PM | Link | Reply
  •  
    i have read most of the approx. 100 replies to this article..my conclusion is that a lot of those who reply to articles on s.a. suffer from ADD..and most of them will not even see this...if you thought your response was good, and you received few thumbs up, the reason may simply be that your average s.a. follower's attention span is not too long....the first few articles had many responses,after that they fell faster than the mkts. did in 2008!!!
    Jul 03 06:01 PM | Link | Reply
  •  
    A very intelligent article.People flocking to Madoff's fund were following the herd and not their head.Warning bells were going off for years but ignored like a cheap car alarm on a rusted station wagon.Which is what Madoff's high-flying fund turned out to be.
    Jul 04 02:30 PM | Link | Reply