Tag: All Things Madoff

SEC Reminds Us of Past Mistakes; Arrests Madoff Associate

One day after it was reported that fraud detecting superman Harry Markopolos called the Commissioners “idiots” and Mary Schapiro “coldly polite” (that’s a compliment, isn’t it?) the SEC is charging another Madoff associate.

Today the Commission brought charges of “conspiracy, securities fraud, falsifying books and records of a broker-dealer, false filings with the U.S. Securities and Exchange Commission and filing false federal tax returns,” against Daniel Bonventre, according to several reports.


Bonventre was the master of making the internal accounting look legit, as opposed to lying to peoples’ faces directly. He was responsible for accounting entries that “[hid] the scope of the investment advisory operations and understating Madoff liabilities by billions of dollars.”

The Commission also brought civil charges against Bonventre, “alleging he helped disguise Madoff’s fraud and financial losses at Madoff’s firm by misusing and improperly recording investor money to create the false appearance of legitimate income.”

While the rest of the media focuses on the who, the what and the how long will that person be spending in FPMITA prison, “Dirty Diapers” Markopolos probably just wanted remind everyone that A) the SEC missed this by ignoring him several times and B) he still doesn’t think too highly of them. Oh, and he has a book coming out.

DOJ, SEC Announce Charges Against Madoff Exec Bonventre [Dow Jones via WSJ]
Madoff Aide Bonventre Becomes Sixth Charged in Fraud [Bloomberg BusinessWeek]
Madoff Whistleblower Slams Obama’s SEC: ‘They’re A Bunch Of Idiots There’ [HuffPo]

(UPDATE) Madoff Investors Sue KPMG, JP Morgan, Bank of New York Mellon

By our last count KPMG had been named in ten lawsuits related to Madoff feeder funds. What’s one more?

KPMG, JP Morgan, Bank of New York Mellon, Oppenheimer Acquisition Corp. and Mass Mutual Life Insurance, along with the Tremont founders were all named in an amended lawsuit that was filed yesterday.

Cotchettt, Pitre, & McCarthy, the attorneys for the Plaintiffs, are not mincing words on KPMG’s part in the whole mess. From the firm’s website:

The sheer size and scope of the fraud make it impossible for Madoff to have acted alone. The complaint alleges JP Morgan and the Bank of New York as well as powerhouse accounting firm KPMG LLP and their international counterparts, KPMG UK and KPMG International were primary players responsible for the fraud.

The amended complaint further alleges that the phantom trades “should have been discovered by KPMG UK, the auditor for Madoff’s London based operation, Madoff Securities International Ltd. Instead, KMPG UK never raised any red flags that investors’ money was used by Madoff as his personal piggy bank.”

KPMG declined to comment for the Reuters article but we’ll assume that they don’t take kindly to the complaint.
Madoff investors sue KPMG and major banks [Reuters]

MADOFF_WEXLER_FIRST_AMENDED_COMPLAINT.pdf

UPDATE: The UK Firm issued the following, per Accountancy Age:

KPMG considers the allegations in the complaint to be wholly without merit and will defend them vigorously. The complaint cites KPMG in its capacity as statutory auditor of Madoff Securities International Limited (MSIL), a London based company directly owned by the Madoff family. KPMG acted in this capacity for several years and issued unqualified audit opinions on MSIL’s financial statements. We are not aware of any suggestion that the financial statements of MSIL contain errors.

The SEC Probably Thought Madoff Victims Would Just Let the Whole Thing Slide

Thumbnail image for Thumbnail image for Thumbnail image for 140px-United_States_Securities_and_Exchange_Commission.pngFinally someone has had enough of the SEC’s new-sheriff-in-town act and is suing their asses for missing Bernie Madoff’s not so subtle Ponzi scheme.
Two victims are suing the House of Schape for their money that just up and disappeared, which amounts to $2.4 million. The suit also serves as a friendly reminder for the Commission that they sucked at their jobs big time for the better part of a decade.
According to the suit, the two victims, Phyllis Molchatsky and Steven Schneider, initially tried playing nice by filing administrative claims with the SEC but the Commission told them to get bent, thus allowing Molcahtsky and Schneider to sue in Federal court.
This may result in other Madoff victims filing suit as well, so our advice to M. Schape would be to call over to the Fed and to see if she can borrow that money printing machine.
Two Madoff victims file lawsuit against the SEC [Reuters]
See also: Madoff Victims Devise Hedging Strategy [DB]

PwC Canada Wants Everyone to Know That They Didn’t Audit Bernie Madoff’s Funds

pwclogo.thumbnail.jpgWith all the D talk out there re: anything Madoff, and most recently possible hotboxing and manscaping we’d hoped that maybe this whole story had taken a turn towards smut for good. Alas, we find ourselves back to a litigious story, this time it’s P. Dubs of the Canadian variety that are getting their asses sued:
More, after the jump

The Canadian arm of PwC has been named in seven separate lawsuits claiming as much as $2bn in damages for investors who lost almost everything in the largest fraud in history…PwC Canada has been accused of negligence for failing to spot that Fairfield Sentry’s $7.2bn of assets simply did not exist. The firm signed off accounts in 2007 that stated 97.3pc of Fairfield Sentry’s assets were held in short-term US treasury bills – an asset class that should be safer than cash.

PwC, obviously quite aware that a sex scandal wrapped inside a financial scandal may confuse anyone that is both distracted by sex and financially illiterate, issued this statement:

“PwC Canada provided auditing services to the Fairfield Sentry fund, but was not the auditor for Bernard Madoff Investments where the alleged fraud occurred. PwC Canada’s auditing of the fund’s financial statements fully complied with professional standards.”

Now, to some, this may seem unness for P. Dubs to explain that they didn’t audit Bernie’s funds since this never would have gotten past any reputable firm. However, since we now have a sex scandal mixed with the biggest financial scandal ever, involving thousands of duped investors, PwC decided to err on the side of caution.
Madoff victims to sue accountants PwC over feeder fund audits [Telegraph]

Bean Counter Reputations Hit a New Low

A woman who was a CFO for a charity that invested with Bernie is claiming, in a book of course, that she not only had all her personal money invested with him that went poof but that she was also bumping uglies with the Master Ponz. Supposedly there will be pictures which obviously begs several questions. Check out Dealbreaker for the debate.
Sleeping with the enemy is certainly a new low for bean counters. She could’ve done us all a favor and gotten down with Dick Cheney and it wouldn’t look nearly as bad.
Madoff Had Affair With Ex-Hadassah Finance Chief, Her Book Says [Bloomberg]

Guilty Madoff CFO Update

It’s offish. DiPascali pleaded guilty to all ten counts against him and faces 125 years in prison, just quarter century short of Boss Ponz. However, because he is cooperating with the U.S. Attorney, DiPascali may be lucky enough to get a sentence under the century mark.
The bright side for Frank DiPascali is that he gets to spend his last few days as a free man courtesy of a very nice sister who put up her house for the $2.5 million bond. Sentencing is tentatively set for May 2010.
DiPascali was the man that many Madoff investors corresponded with directly so it’s clear to us that he was LYING A LOT.
Per the WSJ:

The former chief financial officer for Bernard Madoff says he helped the disgraced financier and others “carry out a fraud that hurt thousands of people”…Mr. DiPascali said at the plea hearing that the transactions were “all fake. It was all fictitious. It was wrong, and I knew it was wrong at the time.”

Okay then, nothing really new there but we will be waiting patiently to hear the other names. Next bean counter up for book throwing is David Friehling, who was kind enough to rubber stamp the Madoff financial statements for around $14k a month. Bright side for Friehling is that he’s looking at 50% less time in jail then Bernie.

Review Comments | 07.24.09

geithner-tim-4.jpg• Geithner urges end to ‘dumb regulation’ – “Tim Geithner, Treasury secretary, said there was “a lot of dumb regulation in our country” and urged lawmakers to act quickly in spite of resistance from the financial industry and other regulators to the administration’s plan.” [FT.com]
• California Senate Approves Budget Plan – “The California Senate early Friday approved a plan to close a $26 billion budget shortfall through steep spending cuts and a medley of one-time solutions and accounting moves.” Creative accounting, Cali? FTW! [WSJ]
• Buffett: I’m keeping my Goldman Sachs warrants – But thanks for asking. [Reuters]
• Madoff Trustee Battles Israeli Charity Over $4.7 Mln – “A charity for homeless and runaway Israeli children that lost money in Bernard Madoff’s fraud told a U.S. judge that the trustee liquidating the con man’s business wrongfully rejected its $4.72 million claim in the case.” [Bloomberg]

Madoff Already has Respect in Prison and He Hasn’t Even Gotten Started

madoffjail.jpgWhenever you’re the new guy, things can be awkward for awhile. Not for Bernie Madoff. The Master de Ponz has been in prison for less than a month and the guy is thriving already:

Some of his fellow inmates, in fact, respect him for being a stand-up guy who pleaded guilty without implicating any of the other people strongly suspected of helping him pull off the fraud that swindled more than 1,000 people out of more than $65 billion over two decades. “He got a lot of respect from other inmates because he didn’t tell on anybody, he didn’t take everybody down with him,” the source said.

That’s right people, RESPECT.
The Post, never short on the melodramatic, is focusing on the inmates that are looking to slap around ole Bern to get themselves a little respect. We don’t buy it. Anyone looking to rough him up will have a change of heart as soon as they hear about the outstanding year over year double-digit returns he’ll get you on those Lucky Strikes.
UPDATE, 3:37 PM: A guy sometimes gets a little distracted from personal appearance when he’s being trucked around. Check out DealBreaker for Bess Levin’s take on Butner’s new Mr. Popular.
BERNIE IN THUGS’ SIGHTS [New York Post]

Madoff’s New Digs in North Carolina?

chicago-mls-jail.jpgBernie Madoff is “in transit” to prison per a story at Bloomberg. The story’s source was a spokesman from the Federal Correctional Institute in Otisville, NY, where the Master de Ponz requested to be housed.
CNBC has reported that he will serve his sentence in Butner, NC.
Butner has two lovely medium security facilities and one posh low security facility so it’s def not FPMITA prison but it’s not the cushy dorm-style and we would speculate that inmates are only allowed to use sporks at chow time and use Lucky Strikes to buy Juicy Fruit and other luxuries.
Bernard Madoff ‘In Transit’ to Prison, Spokesman Says [Bloomberg]