The words on Mr. Madoff’s website now seem gravely ironic. "In an era of faceless organizations ... Bernard L. Madoff Investment Securities LLC harks back to an earlier era in the financial world: The owner's name is on the door. Bernard Madoff has a personal interest in maintaining the unblemished record of value, fair-dealing, and high ethical standards that has always been the firm's hallmark." It is doubtful that the words “high ethical standards” will grace Mr. Madoff’s gravestone. Even as his ponzi scheme was unraveling, his high ethical standards led him to try and distribute his $200 to $300 million to family, friends, and employees before the victims of his crimes could attempt to recover some of their money. It is too soon to conclude what the long term effects of this scandal will have on our financial system. It is likely that the name Bernard Madoff will go down in the history of ignominy with Michael Milken, Ivan Boesky, Ken Lay, Bernie Ebbers, and Dennis Kazlowski as examples of the most disgraceful behavior in the history of our financial markets.
How can a man live such a Big Lie for decades and sleep soundly at night? Aspects of Theodore Dreiser’s classic novel An American Tragedy are evident in this heartrending story. Dreiser’s theme of the desire to rise up socially and financially in modern America holding the very seeds by which such desires are denied is clearly apparent in this tale of woe. The lure of materialism isn't solely the acquisition of wealth and goods, but the attraction such wealth and goods holds over people, often at the expense of other values. As Mr. Madoff’s success grew, his desire to attain ever higher social status must have led him to take more risk and use illegal means to continue up the social ladder. This overwhelming aspiration for acceptance and accolades in the wealthiest high society of Manhattan and West Palm Beach, led this man to risk everything. The result has been a tragedy of epic proportions. This fraud is reminiscent of the 1938 indictment of the respected former President of the NYSE Dick Whitney for looting his firm, friends, relatives, and charities of millions to fund his high society lifestyle. Those who forget the past are condemned to relive it.
The definition of a ponzi scheme is a fraudulent investment operation that involves paying abnormally high returns to investors out of the money paid in by subsequent investors, rather than from net revenues generated by the business. Mr. Madoff’s investment firm ponzi scheme was incredibly unsophisticated. He was spectacularly successful at marketing his fund to the ultra-rich Jewish communities in New York and Florida as well as Europeans at ski competitions attended by the rich ruling elite. His fund generated returns of 12% to 13% per year consistently for decades. The fund only had five losing months since 1996. The market has had dramatic monthly moves over this time. It is a virtual statistical impossibility for an investor to have such a consistent record through bull and bear markets. Madoff refused to provide his clients online access to their accounts. He sent out accounting statements by mail, whereas most hedge funds email statements and allow them to be downloaded via computer for easier analysis by investors. His books were audited by a three-person accounting firm, Friehling & Horowitz, operating out of a 13-by-18 foot location in an office park in New York City’s northern suburbs. A $17 billion fund could not possibly be audited by one partner and one accountant. These facts were all warning signals that many skeptical investment analysts had pointed out years ago to the SEC and in articles in Barron’s.
It was not topnotch undercover investigating that revealed this fraud. The SEC investigated Madoff’s firm twice in the last eight years and found nothing. Madoff’s son-in-law was an SEC official. The SEC has an annual budget in excess of $900 million and has failed miserably in its mission to protect investors. The oversight of hedge funds has been virtually non-existent during the Bush administration. Again, Alan Greenspan, the patron saint of free markets, proved his prescience in 2000 when he campaigned before Congress to not regulate hedge funds. He described hedge funds as “a vibrant trillion-dollar industry dominated by U.S. firms. They are essentially free of government regulation, and I hope they will remain so. Why do we wish to inhibit the pollinating bees of Wall Street?” These killer bees have contributed greatly to the biggest financial destruction of wealth in history. What are the odds of one man being on the wrong side of every major financial debacle in our country in the last ten years? Mr. Greenspan wins the grand prize again.
What brought down Bernie Madoff was not his guilty conscious, but redemptions of $7 billion from investors that overwhelmed his ability to pay them from new funds. The story that he wants everyone to believe is that he was the only one who knew about the fraud. His brother, two sons, niece, and other family members held high level positions in the firm. It is beyond believability that none of these people knew what was going on. A $50 billion fraud can not be perpetuated by one man acting alone. It certainly appears that as a 70 year old man, he is attempting to shield his family members who should also be spending 20 years in prison. If he was truly remorseful, he would have done the world a favor and taken a swan dive off his 12th floor balcony. Instead, he will hire high powered lawyers, using his phony wealth, to extend his life of luxury secluded in his 12th floor hideaway. This is a man who gives Ponzi a bad name.
Ultimately, Mr. Madoff will be judged by his Maker. A special place in Hell awaits him, next to Hitler, Stalin, and Timothy McVeigh. The victims of his crimes are many. The Robert I. Lappin Charitable Foundation has lost its entire $8 million endowment; The North Shore-Long Island Jewish Health System and the Texas-based Julian J. Levitt Foundation have lost millions; the town of Fairfield, Conn. has seen 15 percent of its retiree pension fund totaling $42 million vanish; Maxam Capital Management run by Sandra Manzke has been wiped out; Tremont Capital Management has lost millions; and thousands more have lost their life savings. A personal story told by Minyanville writer Justin Rohrlich about his grandfather addresses the true heart braking tragedy of this man’s immoral actions.
“Last night, it happened to my 88 year-old grandfather Carl. World War II veteran, Captain in the Army, saw combat in the Philippines. His father was a dry-cleaner, his grandfather was a fabric dyer on the Lower East Side at the turn of the century. My granddad was scheduled to go into the invasion of Japan before we dropped the bomb. Instead of going into certain death, he came home and went to the City College of New York on the GI Bill.
Armed with a mathematics degree, my Grandfather eventually landed a job at Neuberger Berman. Became a CFA. Was a director of Tishman Speyer. Helped build Roosevelt Raceway. Ran the pension fund for Price Chopper supermarkets. I had dinner with my grandfather on Wednesday night. Over sushi, he told me about how amazing Bernie Madoff was. This was a common refrain in our conversations. “While the rest of the market is tanking, Madoff is up for the month.” Today, I bought the New York Post on the way to the subway. Bernie Madoff was on the front page. His fund was described as a “Ponzi scheme” that lost $50 billion. My phone rang. It was my mother.
“Your grandfather just lost everything,” she said.”
This blackest of marks in investment history will forever alter the faith that investors have in investment managers, financial advisors, mutual funds, and hedge funds. Americans are being buried under a blizzard of lies. This is truly an American Tragedy.
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