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Findings of bernie madoff scandal
Madoff case summary
Findings of bernie madoff scandal
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Bernie Madoff ran one of the largest Ponzi Schemes in United States and although it was investigated many times by the Securities and Exchange Commission (SEC), he was not caught until his confession in 2008. The timeline of the evidence submitted and the investigations that were actually done was staggering, and have left more questions than answers found.
Bernie Madoff was born to Ralph and Sylvia Madoff in 1938. He married Ruth Alpern in 1959. Together the couple had two sons: Mark (1964-2010) and Andrew (1966-2014). Madoff earned a bachelor’s degree in political science and enrolled in law school, which he did not finish. He and his wife founded a Wall Street firm called Bernard L. Madoff Investment Securities, LLC in 1960. His business
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The SEC is charged with enforcing four main laws. To prevent fraud, the SEC is supposed to enforce the Securities Act of 1933, which requires mandatory public disclosure of pertinent information to investors, also known as the “Blue Sky Laws”. The second one under preventing fraud is the Securities Exchange Act of 1934, which governs securities already issued. Then there are two more that would apply to Madoff. These laws allow prosecution of people who manage other people’s money, they are the Investment Advisors Act of 1940 and the Investment Company Act of 1940. These two laws monitor and regulate the activities of investment advisors and regulates and impacts the operations of hedge funds, mutual funds, private equity funds and the holding companies.
Some people have speculated that the SEC is overworked and underfunded, while others think there is corruption or that the SEC is ineffective, inefficient and just missed all the “Red Flags”. While a conclusion will not be drawn here, many of these ideas can apply as the information is laid out within the time line of investigations. During an interview with Madoff, he said he was astounded he was not caught by the SEC earlier, and that each of their investigations were just one step away from catching him in his lies (Fortune Editors,
It took for the losing in the case with two Bear Stearns hedge fund managers for the government to realize that there was a problem within their justice system. If they couldn’t take down two people accused of deceiving investors, how did they assume that they would be able to take down numerous high-end executives within Wall Street? So in fall 2009, over a year after the initial hit of the financial crisis, Obama introduced the Financial Fraud Enforcement Task to oversee prosecution for fraud and financial crime a week before the hearing to discuss ’08 financial crisis prosecution. With such a department now put in place, the government believed they could go back and review the “fraud” that took place within Wall Street years before and place a blame somewhere, revealing another flaw of the US government and justice system. The government wasn’t taking the cases as serious as they should have. They weren’t finding ways to filter through Due Diligence underwriters and they weren’t calling forth whistleblowers. They were losing the case before it could even
In the Frontline documentary “The Madoff Affair”, it is revealed and painfully evident that the ability to predict, prevent, and prosecute white collar crime is flawed and highly complicated even for the government. Frontline takes a look at the first global Ponzi scheme in history and helps create a better understanding of the illegal conduct that led to the rise and fall of Bernie Madoff and those associated with his empire (Frontline, 2017). When the leadership at the top of any organization is founded on lies, secrecy, and empowered by the leaders within the industry, the corruption is deep and difficult to prosecute. The largest stock market fraud in history reinforces the need for better government regulations, enforcement of the regulations, and oversight, especially in it’s own backyard (Yang, 2014).
The Bernie Madoff Ponzi Scheme is a well-known case and is known as one of the biggest Ponzi scheme’s. In summary the scheme occurred for many reasons that I will some up into 3 points; A lack in competency by regulatory agencies, a lack of regulation, and finally a breach in ethics by Bernie Madoff himself. To explain further, the regulatory agencies like the lawyers and SEC are supposed to prevent schemes such as this one from happening but because they lacked the skills to correctly assess the situation, interpreting the number of tips they had received regarding scheme that had been filed, and to act on those in an efficient manner. One of the tips was made by Harry Markopolos in 2000, of who correctly predicted that Madoff was guilty of fraud. Even after this tip from Markopolos, Madoff was not arrested until 2009. Many family members were also a part of the fraud along with some non-family members such as Frank DiPascali and a team known as the 17th floor team, who helped Madoff carry out his fraud. The idea behind Madoff’s fraud was that he would produce false statements of their investments and when people wanted to pull out their investments, the money wasn’t actually there, which rightfully rose more than a few eyebrows and ultimately led to his arrest.
Bernard Madoff had full control of the organizational leadership of Bernard Madoff Investments Securities LLC. Madoff used charisma to convince his friends, members of elite groups, and his employees to believe in him. He tricked his clients into believing that they were investing in something special. He would often turn potential investors down, which helped Bernard in targeting the investors with more money to invest. Bernard Madoff created a system which promised high returns in the short term and was nothing but the Ponzi scheme. The system’s idea relied on funds from the new investors to pay misrepresented and extremely high returns to existing investors. He was doing this for years; convincing wealthy individuals and charities to invest billions of dollars into his hedge fund. And they did so because of the extremely high returns, which were promised by Madoff’s firm. If anyone would have looked deeply into the structure of his firm, it would have definitely shown that something is wrong. This is because nobody can make such big money in the market, especially if no one else could at the time. How could one person, Madoff, hold all of his clients’ assets, price them, and manage them? It is clearly a conflict of interest. His company was showing high profits year after year; despite most of the companies in the market having losses. In fact, Bernard Madoff’s case is absolutely stunning when you consider the range and number of investors who got caught up in it.
Charles Ponzi was born in Italy in 1882. Born to a wealthy family, Ponzi put off work as long as possible and attended college at the University of Rome. Knowing he was avoiding the inevitable and seeing no appeal in the Italian business world, he immigrated to the United States. In 1903, upon entering the United States at the age of 21, Ponzi proceeded into Canada. In 1909, he was convicted of forgery in events surrounding the collapse of the Montreal banking firm of Zrossi & Co., of which he was a member. As punishment, he was sentenced to a three-year term in the St. Vincent De Paul Penitentiary in Montreal. Released from Canadian Prison after only twenty months for good behavior, Ponzi entered the United States again on July 30, 1910. Within ten days of his release, he violated immigration laws by illegally bringing five Italians over the border from Canada. For this offense, ...
Bernie Madoff is one of the greatest conmen in history. The Bernie Madoff scandal takes the gold as one of the top ponzi schemes in America. Madoff started the Wall Street firm, Bernard L. Madoff Investment Securities LLC, in 1960. Starting off as a penny stock trader with five thousand dollars, earned from his workings as a lifeguard and sprinkler installer, his firm began to grow with the support of his father-in-law, Saul Alpern, who helped by referring a group of close friends and family. Originally, his firm was marketed by the National Quotations Bureau’s Pink Sheets.
middle of paper ... ... They had complete disregard for ethical standards that they should have looked towards when making their decisions. They allowed greed, and notoriety, to take over their basic perceptions of what is right, and what is wrong. So in conclusion, I have provided my analysis of ethical behavior that surrounded the financial events of Bernie Madoff, and the events that surrounded Enron.
Jerry Sanders is perceived to be a very intelligent, persistent man who started off as a young entrepreneur who lost over a half a million dollars to being a very prosperous businessperson (Harvard, 1). Jerry Sanders is a prime example for many entrepreneurs who fail but always push for more in order to be successful. Sanders story begins with his experience in being in the Israel Defense Forces as a Naval Commandos, who similarly like the Navy Seals. While being discharged from his position, Sanders decided to back the United States were he went back to school to study to be a lawyer. Once graduating, Sanders had gone to work for a Wall Street Law Firm, known as Simpson, Thacher & Bartlett, where he then met someone who had represented the government of Israel.
“Executives are perceived from a distance. As a result, ethical leadership is largely a reputational phenomenon whereby the social salience of their “ethical” leadership is particularly important. “ (Kidwell, 2004) This is particularly the case with Bernie Ebber, the man that everyone thought could touch the clouds.
He uses jailed Ponzi schemer Bernie Madoff as an
150 Ponzi schemes collapsed in 2009 alone, resulting in more than $16 billion in losses to tens of thousands of investors. These victims confront the challenge of calculating their losses for recovery claims as well as tax purposes. Ponzi scheme investigations currently account for approximately 21% of the Securities and Exchange Commission’s (SEC’s) enforcement workload — up from 17% in 2008 and 9% in 2005
Ivan Boesky pleaded guilty to the biggest insider-trading scheme discovered by the United States Securities and Exchange Commission (SEC). He made 200 million dollars by profiting from stock-price volatility on corporate mergers. What he actually did was cheat by using illegally obtained secret information about impending mergers to buy and sell stock before mergers became public knowledge/ Although insider trading is nothing new, the SEC knows it has become a threat to the public’s confidence, and they must enforce regulations to stop criminal activity. The SEC has put pressure on managers to regulate information leaks, promising strict legal enforcement if a business fails to police misuse of privileged employee information.
In 1995 The Bayou Hedge Fund Group, referred to as the fund, was founded by Samuel Israel III in Stamford, Connecticut with the intention to produce high returns for investors. Good intentions were not enough when the fund began to experience losses almost immediately and Mr. Israel resorted to fraudulent activities to keep the appearance of success alive. The resulting life of the fund was filled will illegal, fraudulent, and unethical activities that finally brought the fund to bankruptcy and landed Mr. Israel and some of his key associates in prison. The objective of this paper is to overview the history of the case and to highlight some of the major issues that should have alerted investors and other outside parties to the wrongdoings being perpetrated.
In 1934 the Securities Exchange Act created the SEC (Securities and Exchange Commission) in response to the stock market crash of 1929 and the Great Depression of the 1930s. It was created to protect U.S. investors against malpractice in securities and financial markets. The purpose of the SEC was and still is to carry out the mandates of the Securities Act of 1933: To protect investors and maintain the integrity of the securities market by amending the current laws, creating new laws and seeing to it that those laws are enforced.
Madoff had connections, word-of-mouth recommendations and this was instrumental in his ability to gain new investor money. Basically, Madoff succeeded because he was an insider. Madoff’s intentions implied that he wanted to satisfy his clients’ expectations of high returns just like he had promised, even though it was during an economic recession. He insisted that he did not invest any of his clients’ money since the inception of his scheme.