Convicted swindler and consummate narcissist Bernard Madoff is serving a 150-year sentence at the Federal Correctional Institution in Butner, North Carolina for his $65 billion Ponzi scheme. He was interviewed by New York Magazine, and its terrific article states in pertinent part:
From the beginning, Madoff . . . had a chip on his shoulder, along with a certain contempt for the industry he’d chosen. “It was always a business where you had to have an edge, and the little guy never got a break. The institutions controlled everything,” he said in a voice surprisingly thick with emotion. “I realized from a very early stage that the market is a whole rigged job. There’s no chance that investors have in this market.”
. . .
At first, Madoff ground out a modest but steady income on the scraps of business tossed his way by Goldman Sachs and Bear Stearns, action that was too much trouble and too little profit for them. “I was perfectly happy to take the crumbs,” he said. Madoff was a market-maker, a middleman between those who wanted to buy and sell small quantities of mostly bonds—odd lots. “It was a riskless business,” he said. “You made the spread,” buying at one price and selling at a higher one, and in those days the spreads could be substantial, 50 or 75 cents or even a dollar a share. Madoff increased his profits by trading on the side.
. . .
Madoff wanted to grow his trading business, and a good way to do that was to expand his market-making business. But that meant going up against the New York Stock Exchange, the heart of the club. At the NYSE, a few firms controlled market-making, executing most large trades while getting rich on the spread. Madoff was one of the first to see that technology could match buyers and sellers more efficiently and cheaply than a human trader shouting orders amid a blizzard of paper on the floor of the exchange. By 1970, Madoff had hired his brother, Peter,
Citigroup ignored warning signs of Bernard L. Madoff’s Ponzi scheme, and a bank executive knew the con man’s stated trading strategy couldn’t generate the reported returns, the trustee liquidating Madoff’s firm said in a lawsuit.
The unidentified Citibank executive, who was responsible for making recommendations to clients on derivatives, “concluded” by June 2007 that returns reported by a Madoff feeder fund, Fairfield Sentry Ltd., couldn’t have come from the strategy, trustee Irving Picard said in a complaint unsealed yesterday. The executive reached his conclusion after meeting with analyst Harry Markopolos, a whistleblower who also alerted U.S. regulators to the fraud, Picard said.
The Citibank official later communicated with Markopolos orally and in writing, specifically discussing the fraud before the Ponzi scheme was exposed in December 2008, Picard alleged.
“Citi knew, and was on notice of, irregularities and problems concerning the trades reported by BLMIS, and strategically chose to ignore these concerns in order to continue to enrich themselves,” Picard said in the complaint, referring to Madoff’s firm, Bernard L. Madoff Investment Securities LLC.
Picard laid out in the complaint details of a lawsuit he filed under seal in December against New York-based Citigroup and other banks. He is demanding $425 million from Citigroup – money it received “in connection with” a loan to a Madoff feeder fund and a swap transaction with a Swiss hedge fund linked to a second feeder fund, Picard said.
We first got an inkling of Picard’s filing from this Bloomberg story in December.
Citigroup, Bank of America Sued by Madoff Trustee
Citigroup Inc.’s Citibank, Bank of America Corp.’s Merrill Lynch unit and five other banks were sued by the trustee liquidating Bernard Madoff’s firm to recover more than $1 billion for the con man’s defrauded customers.
The banks, which include Natixis SA, Fortis Prime Fund Solutions Bank (Ireland) Ltd., ABN Amro Bank NV, Nomura Bank International Plc. and Banco Bilbao Vizcaya Argentaria SA, received money through Madoff feeder funds when they knew, or should have known, that Madoff’s investments were a fraud, the trustee, Irving Picard, said yesterday in a statement.
Picard, who faces a two-year legal deadline that runs out Dec. 11, has filed hundreds of suits in the past month, seeking more than $34 billion from banks, feeder funds, investors and others alleged to have profited from Madoff’s decades-long Ponzi scheme, the biggest in…
Here’s the hypocrisy of the Financial Industry Regulatory Authority* (FINRA); it dumped a portfolio of Auction Rate Securities* (ARS) before the ARS market froze up in early 2008. People are asking legitimate questions and FINRA is refusing to answer. When FINRA wants its questions answered, it knows how to get the answers through its subpoena power. Why won’t FINRA fess up and be transparent about its dealings in the ARS market?
I recently caught up with my friend Larry Doyle and asked him whether there had been any progress in uncovering the events behind FINRA’s timely liquidation of its ARSs in 2007 since our last conversation. Here’s a transcript of our conversation about FINRA and FINRA’s ARS sales. Larry touches on a number of important topics including transparency, the incestuous relationship between Wall Street and Washington, the absurdity of self-regulation and twisted logic of granting a quasi-government entity government-style immunity, while allowing it to be free from the reach of the Freedom of Information Act.
FINRA’s Timely Auction-Rate Securites (ARS) Sales
Before we continue, please read my previous interview with Larry Doyle here. Excerpt:
"The ARS market operated smoothly until the credit markets seized up. First signs of trouble emerged in 2007 when the spreads started to blow out (widen significantly). Spreads widened because dealers realized the true nature of the risks and backed away from supporting the market. Selling intensified as investors were trying to get out in the late spring and summer of 2007. Investors stopped buying, though the dealers maintained an intermediary market for a while. Finally, sellers so overwhelmed buyers that Wall Street had to stop serving as an intermediary. This developed over a period of months, but was not shared with the clients. Wall Street was trying to lay these ARSs out on investors. When the market collapsed in February 2008, the “cash equivalency” disappeared."
Going into 2007, FINRA had $647 million dollars of ARSs. It was holding ARSs as the credit markets started to freeze in mid 2007. FINRA says it did nothing nefarious when it sold its ARSs. But that fails the smell test. It sold its ARS holdings before the markets collapsed. Meanwhile, investors got stuck with approximately $150 billion of ARSs.
One would have to be exceptionally naïve to think FINRA officials did not have material,
Sam Antar, former CFO of the criminal enterprise “Crazy Eddie,” gave a lively and educational lecture on white collar crime in Portland to health care fraud investigators yesterday on behalf of the United States Department of Justice. He spoke about Crazy Eddie, white collar criminals, and the investigators charged with bringing them to justice. In the beginning of the seminar, Sam asked the audience, “Can anyone guess why I’m here?” A man raised his hand and suggested “because you got caught.” That was apparently the first correct answer to that question in twelve years.
Here is what else Sam told heath care fraud investigators:
“All fraud is basically the same. All fraud is personal in nature. It’s done on a one to one basis. Your humanity, ethics, and sense of fairness are weaknesses that we – white collar criminals – seek to exploit. We have no morality. The more likable and friendly we are, the easier it is for us to commit our crimes. We build walls of false integrity. You never know who the real person is behind a criminal’s carefully choreographed wall of false integrity. Bernie Madoff had a wall of false integrity around him and the lawyers investigating him at the SEC were enamored by his status. That’s why they didn’t properly follow through on whistleblower Harry Markopolos’s tips about Madoff’s criminal activities.
“Punishment does very little to prevent crime. It’s not a great deterrent. Criminals don’t stop because they see other people getting caught. While Bernie Madoff committed his crimes for almost two decades, he saw many other criminal get caught. Did that stop him?
“When I cooperated with the government it was only to save my own skin. I only cooperated with the US Attorney’s Office, the FBI, the SEC, and lawyer representing victims of my crimes because I did not want to bend down to pick up a bar of soap and worry about who was going to be my boy friend.”
“Criminologists have identified three common elements to all white collar crime: incentive, opportunity, and rationalization. It’s known as the fraud triangle. In recent years, capability was added as a common element of white collar crime and the fraud triangle…
Here’s another great gem we just found in the big SEC document dump on Madoff [below]. It concerns the independent fraud investigator Harry Markopolos, who tried for years and years and years to blow the whistle but tno avail. How were his efforts viewed in the SEC? Basically, they dismissed him as an anti-Bush crank.
The SEC just made a MASSIVE document dump related to its failure to catch Madoff. Of course, it’s all embarrassing, so it’s on a Friday afternoon, when everyone’s too lazy to go through it. There are 536 documents in total. Joe Weisenthal
Jerry Brown, California’s Attorney General, is tying himself to just about every problem stemming from the financial crisis.
Overkill? Perhaps. But Brown is probably running for governor.
Today, Brown wrote at the Huffington Post about Beverly Hills financial adviser Stanley Chais, who pocketed some $270 million over the decades by feeding money to Bernie Madoff.
"Sadly, the rise of super-sized swindlers like Madoff and Chais was inevitable given the mindless deregulation-mania of the last decade — abetted and made possible by a complicit Congress, SEC, and inattentive White House," Brown writes.
Last week, Brown piled on to the rating agency bashing, launching an investigation into their role in fueling the financial crisis and subpoenaing Standard & Poor’s, Moody’s and Fitch to determine "whether the firms violated California law when they recklessly gave ‘stellar ratings to shaky assets.’"
In April, Brown Jr. today filed suit against three Wells Fargo affiliates to recover $1.5 billion for California investors who purchased auction-rate securities based on "false and deceptive" advice that these financial instruments were "as safe and liquid as cash."
Want more? Check out these press releases: there are suits against predatory lenders, health insurers acting badly, mortgage scam artists, and many more, almost one ever other day.
Bernard Madoff arrives at federal court in New York, Thursday, March 12, 2009.
Mary Altaffer / AP
A long-awaited report from the Inspector General at the Securities and Exchange Commission concludes the SEC received six "substantive" complaints between June 1992 and December 2008 that could have uncovered disgraced financier Bernie Madoff‘s Ponzi scheme as far back as 1992 if it had "properly examined or investigated" Madoff’s trading practices.
In a 450-page report, released Wednesday, the report outlines a series of fumbles, where SEC staff either failed to follow up on complaints, wrongly accepted Madoff’s confusing and inconsistent answers to questions or, in some cases, involved junior staff who didn’t understand options trading and Ponzi schemes.
"Despite three examinations and two investigations being conducted, a thorough and competent investigation or examination was never performed," the report said.
The report said at least six complaints raised questions about Madoff’s trading practices, with some even suggesting a Ponzi scheme was involved. They questioned "Madoff’s incredible and highly unusual fills for equity trades, his mispresentation of his options trading and his unusually consistent, non-volatile returns over several years," and how Madoff’s alleged strategy and purported returns could not be duplicated by anyone else and had "no correlation to the overall equity markets in over 10 years." One tipster even nudged the SEC that "it may be of interest to you that Mr. Madoff keeps two sets of records — the most interesting of which is always on his person."
Yet, SEC staff failed to adequately follow up or seek third-party verifications on the trades, the report said. In many cases, the report said, "an inexperienced examination team" was assigned the investigation, many of whom were not familiar with trading practices and simply accepted Madoff’s explanation that he used his "gut feel" to time the market based on "his observations of the trading room." According to the report, examiners stated "there was no training" and that "this was a trial by fire kind of job." It also stated that examination team was "composed entirely of attorneys, who … did not have much experience in equity and options trading’ but ‘rather, their experience was in general litigation.’" (See pictures of a Madoff family album.)
So remember how we wondered whether Frank DiPascali was getting enough from the feds for his cooperation in the investigation in Bernie Madoff’s scam?
Well, it turns out that part of his deal is having the feds overlook his history of taking illegal drugs, carrying an illegal firearm right up until the time of his arrest and reporting that he had no income during a year when he earned $4 billion.
According to documents released yesterday by federal prosecutors, DiPascali, the former CFO at Madoff’s investment firm, agreed to spill the beans about Madoff in part to guarantee the feds didn’t go after him on "use of controlled substances prior to 1992" and for possessing illegal firearms up until last Friday.
The 52-year-old Queens native, who is cooperating with prosecutors in the Madoff scandal, is also avoiding criminal prosecution for evading taxes, the documents show.
Indeed, DiPascali cheated Uncle Sam out of several million dollars between 2002 and 2007 through a number of shady schemes, including depositing his income into accounts under other names and filing false returns. In 2006, for example, DiPascali reported zero dollars in taxable income even though he actually earned $4 million that year. He also reported no income in 2002 and 2005.
Memo to regulators: be forewarned about frauds in the credit-default swap market. They’ll make Bernie Madoff’s $65 billion fraud "look like small-time."
That’s what Harry Markopolos — Madoff’s whistleblower ignored by federal investigators — is saying anyway.
New York Post: [Markopolos] says there are evildoers out there who will make the Ponzi scum "look like small-time." Markopolos gave a speech to 400 of the faithful at the Greek Orthodox Church in Southampton and predicted major scandals will soon be revealed about the unregulated, $600 trillion, credit-default swap market. "To put it in simple terms, it is like buying fire insurance policies from five different insurance companies on your neighbor’s house and then burning down the house," he said.
It’s not clear if there are frauds that he knows of, specifically, that he’s not disclosing publicly, or if it’s just his how the market works — in which case, he’s basically just parroting what a lot of people who hate "naked" CDS have been saying. Either way, we suggest Mary Schapiro or the CFTC pay him a call and get a clarification.
The upcoming issue of Vanity Fair portrays the lives of Bernard Madoff’s sons and asks "Did The Sons Know?" Mark and Andrew Madoff feel betrayed by their father, David Margolick writes for Vanity Fair. Page Six today highlights some of the juicier details:
Blame mom as an enabler. Andrew and Mark Madoff aren’t speaking with their mother Ruth Madoff. They don’t suspect that she was involved with the scheme, but they believe her tendency to side with Bernie regardless of the the circumstances enabled his crimes.
Avoding using the Madoff name. Andrew Madoff and his fiance Catherine Hooper (pictured with a fish, above) use her name when making restaurant reservation. Andrew’s estranged wife, Deborah, orders groceries from FreshDirect using her maiden name.
Excessive self-pity. * Jeff Wilpon, whose family owns the Mets and lost hundreds of millions in Madoff’s scheme, remains friendly with Mark Madoff. But that is being strained by Mark’s "excessive self-pity. "
Strained relations. Hooper gave Andrew a birthday card in April that said, "Hope you have a fun day doing all the things people in prison wish they could do." When Andrew told her that his real wish was to have his parents back, she shot back, "Yeah, they were a really nice idea."
When Andrew complained to an African American friend that he is unemployed, broke, and "just trying to stay out of jail — my name is mud," his friend replied: "Well, now you’re just like every black man in America."
There’s more at Page Six, including the shunning of the Madoff grandchildren by classmates at the New York City private school, Dalton. If this sampling is any indication, we really can’t wait to read Margolick’s full piece in Vanity Fair.
Reuters reveals that the article says Mark Madoff scrutinizes every story and blog on the scandal. Andew, on the other hand, appears to have detached himself emotionally. He calls the situations "a father-son betrayal of biblical proportions." Cue the violins!
In today’s Outside the Box, Lacy Hunt and Van Hoisington of Hoisington Investment have the temerity to point out that since the Great Recession officially ended in 2009, the Federal Open Market Committee (FOMC) has been consistently overoptimistic in its projections of US growth. They simply expected QE to be more stimulative than it has been, to the tune of about 6% over the past four years – a total of about $1 trillion that never materialized.
Given that dismal track record, our authors ask why we should believe the Fed’s prediction of 2.9% real GDP growth for 2014 and 3.4% for 2015 – particularly with QE being tapered into nonexistence.
Kevin Gosztola over at Firedoglake does some excellent work, and his latest story about the recent activities of perjuring Director of National Intelligence for the U.S., James Clapper, is no exception. To provide a little context, the Washington Post ...
Advisor Perspectives welcomes guest contributions. The views presented here do not necessarily represent those of Advisor Perspectives.
I have been saying this for a while: You can't have a housing recovery unless actual home buyers are involved.
We are very far away from seeing the housing market reach its 2005 highs ... and as time passes, it becomes clearer that this generation may never see them again.
How can I say that?
What we have seen in the housing market since then, but mostly since 2012, in my opinion, is nothing more than a dead-cat bounce scenario -- an increase in prices after a massive decline. The chart below shows how far off we are from the housing prices of 2005.
Bunge Limited (BG) is the world’s largest processor of soybeans. It is also a major producer of vegetable oils, fertilizer, sugar and bioenergy.
When commodities got hot in 2007-08, Bunge’s EPS shot up and the stock followed, rising 185% in 19 months.
The Great Recession took its toll on operations, dropping EPS to a low of $2.22 in 2009. Since then profits have recovered. They ranged from $4.62 - $5.90 in the latest three years. 2014 appears poised for a large increase. Consensus views from multiple sources see BG earning $7.04 - $7.10 this year and then $7.83 - $7.94 in 2015.
Shares in Las Vegas Sands Corp. (Ticker: LVS) are up sharply today, gaining as much as 5.7% to touch $80.12 and the highest level since April 4th, mirroring gains in shares of resort casino operator Wynn Resorts Ltd. (Ticker: WYNN). The move in Wynn shares appears, at least in part, to follow a big increase in target price from analysts at CLSA who upped their target on the ‘buy’ rated stock to $350 from $250 a share. CLSA also has a ‘buy’ rating on Las Vegas Sands with a $100 price target according to a note from reporter, Janet Freund, on Bloomberg. Both companies are scheduled to report first-quarter earnings after the closing bell on Thursday.
Yesterday, the market continued its winning ways for the fifth consecutive day. The S&P 500 closed within 1% of its all-time high, and the DJI was even closer to its all-time high. Healthcare, Energy and Technology led the sectors while Financials, Telecom, and Utilities finished slightly in the red. All three sectors in the red are typically flight-to-safety stocks, so despite lower than average volume, the market appears poised to make new highs.
Mid-cap Growth led the style/caps last week, up 2.87%, and Small-cap Growth trailed, up 2.22%. This week will bring well over 100 S&P 500 stocks reporting their March quarter earn...
Reminder: OpTrader is available to chat with Members, comments are found below each post.
This post is for all our live virtual trade ideas and daily comments. Please click on "comments" below to follow our live discussion. All of our current trades are listed in the spreadsheet below, with entry price (1/2 in and All in), and exit prices (1/3 out, 2/3 out, and All out).
We also indicate our stop, which is most of the time the "5 day moving average". All trades, unless indicated, are front-month ATM options.
Please feel free to participate in the discussion and ask any questions you might have about this virtual portfolio, by clicking on the "comments" link right below.
To learn more about the swing trading virtual portfolio (strategy, performance, FAQ, etc.), please click here...
[Facebook] The social network is only weeks away from obtaining regulatory approval in Ireland for a service that would allow its users to store money on Facebook and use it to pay and exchange money with others, according to several people involved in the process.
The authorisation from Ireland’s central bank to become an “e-money” institution would allow ...
I just wanted to be sure you saw this. There’s a ‘live’ training webinar this Thursday, March 27th at Noon or 9:00 pm ET.
If GOOGLE, the NSA, and Steve Jobs all got together in a room with the task of building a tremendously accurate trading algorithm… it wouldn’t just be any ordinary system… it’d be the greatest trading algorithm in the world.
Well, I hate to break it to you though… they never got around to building it, but my friends at Market Tamer did.
Reminder: Pharmboy is available to chat with Members, comments are found below each post.
Ladies and Gentlemen, hobos and tramps,
Cross-eyed mosquitoes, and Bow-legged ants,
I come before you, To stand behind you,
To tell you something, I know nothing about.
And so the circus begins in Union Square, San Francisco for this weeks JP Morgan Healthcare Conference. Will the momentum from 2013, which carried the S&P Spider Biotech ETF to all time highs, carry on in 2014? The Biotech ETF beat the S&P by better than 3 points.
As I noted in my previous post, Biotechs Galore - IPOs and More, biotechs were rushing to IPOs so that venture capitalists could unwind their holdings (funds are usually 5-7 years), as well as take advantage of the opportune moment...
Note: The material presented in this commentary is provided for
informational purposes only and is based upon information that is
considered to be reliable. However, neither MaddJack Enterprises, LLC
d/b/a PhilStockWorld (PSW) nor its affiliates
warrant its completeness, accuracy or adequacy and it should not be relied upon as such. Neither PSW nor its affiliates are responsible for any errors or omissions or for results obtained from the use of this information. Past performance, including the tracking of virtual trades and portfolios for educational purposes, is not necessarily indicative of future results. Neither Phil, Optrader, or anyone related to PSW is a registered financial adviser and they may hold positions in the stocks mentioned, which may change at any time without notice. Do not buy or sell based on anything that is written here, the risk of loss in trading is great.
This material is not intended as an offer or solicitation for the purchase or sale of any security or other financial instrument. Securities or other financial instruments mentioned in this material are not suitable for all investors. Any opinions expressed herein are given in good faith, are subject to change without notice, and are only intended at the moment of their issue as conditions quickly change. The information contained herein does not constitute advice on the tax consequences of making any particular investment decision. This material does not take into account your particular investment objectives, financial situations or needs and is not intended as a recommendation to you of any particular securities, financial instruments or strategies. Before investing, you should consider whether it is suitable for your particular circumstances and, as necessary, seek professional advice.