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Wikipedia

Bernie Madoff

Bernard Lawrence Madoff (/ˈmdɔːf/ MAY-dawf;[2] April 29, 1938 – April 14, 2021) was an American fraudster and financier who was the mastermind of the largest Ponzi scheme in history, worth about $64.8 billion.[3][4] He was at one time chairman of the Nasdaq stock exchange.[5] Madoff's firm had two basic units: a stock brokerage and an asset management business; the Ponzi scheme was centered in the asset management business.

Bernie Madoff
2009 mugshot
Born
Bernard Lawrence Madoff

(1938-04-29)April 29, 1938
DiedApril 14, 2021(2021-04-14) (aged 82)
Alma mater
Occupations
EmployerBernard L. Madoff Investment Securities[1] (founder)
Known forBeing the chairman of Nasdaq and the Madoff investment scandal
Criminal statusDeceased
Spouse
(m. 1959)
Children
Conviction(s)March 12, 2009 (pleaded guilty)
Criminal chargeSecurities fraud, investment advisor fraud, mail fraud, wire fraud, money laundering, false statements, perjury, making false filings with the SEC, theft from an employee benefit plan
Penalty150 years in prison, forfeiture of US$17.179 billion, lifetime ban from securities industry
Date apprehended
December 11, 2008

Madoff founded a penny stock brokerage in 1960, which eventually grew into Bernard L. Madoff Investment Securities.[6] He served as the company's chairman until his arrest on December 11, 2008.[7][8] That year, the firm was the 6th-largest market maker in S&P 500 stocks.[9] While the stock brokerage part of the business had a public profile, Madoff tried to keep his asset management business low profile and exclusive.

At the firm, he employed his brother Peter Madoff as senior managing director and chief compliance officer, Peter's daughter Shana Madoff as the firm's rules and compliance officer and attorney, and his now-deceased sons Mark Madoff and Andrew Madoff. Peter was sentenced to 10 years in prison in 2012,[10] and Mark hanged himself in 2010, exactly two years after his father's arrest.[11][12][13][14] Andrew died of lymphoma on September 3, 2014.[15]

On December 10, 2008, Madoff's sons Mark and Andrew told authorities that their father had confessed to them that the asset management unit of his firm was a massive Ponzi scheme, and quoted him as saying that it was "one big lie".[16][17][18] The following day, agents from the Federal Bureau of Investigation arrested Madoff and charged him with one count of securities fraud. The U.S. Securities and Exchange Commission (SEC) had previously conducted multiple investigations into his business practices but had not uncovered the massive fraud.[9] On March 12, 2009, Madoff pleaded guilty to 11 federal felonies and admitted to turning his wealth management business into a massive Ponzi scheme.

The Madoff investment scandal defrauded thousands of investors of billions of dollars. Madoff said that he began the Ponzi scheme in the early 1990s, but an ex-trader admitted in court to faking records for Madoff since the early 1970s.[19][20][21] Those charged with recovering the missing money believe that the investment operation may never have been legitimate.[22][23] The amount missing from client accounts was almost $65 billion, including fabricated gains.[24] The Securities Investor Protection Corporation (SIPC) trustee estimated actual losses to investors of $18 billion,[22] of which $14.418 billion has been recovered and returned, while the search for additional funds continues.[25] On June 29, 2009, Madoff was sentenced to 150 years in prison, the maximum sentence allowed.[26][27][28][29] On April 14, 2021, he died at the Federal Medical Center, Butner, in North Carolina, from chronic kidney disease.[30][31][32][33]

Early life

Madoff was born on April 29, 1938, in Queens, New York City, to Sylvia (Muntner) and Ralph Madoff, who was a plumber and stockbroker.[34][31][35][36] His family was Jewish.[37] Madoff's grandparents were emigrants from Poland, Romania, and Austria.[38] He was the second of three children; his siblings are Sondra Weiner and Peter Madoff.[39][40] Madoff graduated from Far Rockaway High School in 1956.[41]

Madoff attended the University of Alabama for one year, where he became a brother of the Tau Chapter of the Sigma Alpha Mu fraternity, then transferred to and graduated from Hofstra University in 1960 with a Bachelor of Arts in political science.[42][43] Madoff briefly attended Brooklyn Law School, but left after his first year to found Bernard L. Madoff Investment Securities LLC and work for himself.[44][43][32]

Career

In 1960, Madoff founded Bernard L. Madoff Investment Securities LLC as a broker-dealer for penny stock with $5,000 (equivalent to $46,000 in 2021)[45] that he earned from working as a lifeguard and irrigation sprinkler installer,[46] and a loan of $50,000 from his father-in-law, accountant Saul Alpern, who referred a circle of friends and their families.[47] Carl J. Shapiro was one such early customer, investing $100,000.[33] Initially, the firm made markets (quoted bid and ask prices) via the National Quotation Bureau's Pink Sheets. In order to compete with firms that were members of the New York Stock Exchange trading on the stock exchange's floor, his firm began using innovative computer information technology to disseminate its quotes.[48] After a trial run, the technology that the firm helped to develop became the National Association of Securities Dealers Automated Quotations Stock Market (Nasdaq).[49] After 41 years as a sole proprietorship, the Madoff firm incorporated in 2001 as a limited liability company with Madoff as the sole shareholder.[50]

The firm functioned as a third market trading provider, bypassing exchange specialist firms by directly executing orders over the counter from retail brokers.[51] At one point, Madoff Securities was the largest market maker at the Nasdaq, and in 2008 was the sixth-largest market maker in S&P 500 stocks.[48] The firm also had an investment management and advisory division, which it did not publicize, that was the focus of the fraud investigation.[52]

Madoff was "the first prominent practitioner"[53] of payment for order flow, in which a dealer pays a broker for the right to execute a customer's order. This has been called a "legal kickback".[54] Some academics have questioned the ethics of these payments.[55][56] Madoff argued that these payments did not alter the price that the customer received.[57] He viewed the payments as a normal business practice:

If your girlfriend goes to buy stockings at a supermarket, the racks that display those stockings are usually paid for by the company that manufactured the stockings. Order flow was an issue that attracted a lot of attention but was grossly overrated.[57]

Madoff was active in the National Association of Securities Dealers (NASD), a self-regulatory securities-industry organization. He served as chairman of its board of directors, and was a member of its board of governors.[58]

Government access

From 1991 to 2008, Bernie and Ruth Madoff contributed about $240,000 to federal candidates, parties, and committees, including $25,000 a year from 2005 through 2008 to the Democratic Senatorial Campaign Committee. The committee returned $100,000 of the Madoffs' contributions to Irving Picard, the bankruptcy trustee who oversees all claims, and Senator Chuck Schumer returned almost $30,000 received from Madoff and his relatives to the trustee. Senator Chris Dodd donated $1,500 to the Elie Wiesel Foundation for Humanity, a Madoff victim.[59][60]

Members of the Madoff family have served as leaders of the Securities Industry and Financial Markets Association (SIFMA), the primary securities industry organization.[61] Bernard Madoff served on the board of directors of the Securities Industry Association, a precursor of SIFMA, and was chairman of its trading committee.[62] He was a founding board member of the Depository Trust & Clearing Corporation (DTCC) subsidiary in London, the International Securities Clearing Corporation.[63][64]

Madoff's brother Peter served two terms as a member of SIFMA's board of directors. He and Andrew received awards from SIFMA in 2008 for "extraordinary leadership and service".[65][66] He resigned from the board of directors of SIFMA in December 2008, as news of the Ponzi scheme broke.[61] From 2000 to 2008, the Madoff brothers donated $56,000 directly to SIFMA, and paid additional money as sponsors of industry meetings.[67] Bernard Madoff's niece Shana Madoff was a member of the executive committee of SIFMA's Compliance & Legal Division, but resigned shortly after the arrest.[68]

Madoff's name first came up in a fraud investigation in 1992, when two people complained to the SEC about investments they made with Avellino & Bienes, the successor to his father-in-law's accounting practice. For years, Alpern and two of his colleagues, Frank Avellino and Michael Bienes, had raised money for Madoff, a practice that continued after Avellino and Bienes took over the firm in the 1970s.[69] Avellino returned the money to investors and the SEC closed the case.[70] In 2004, Genevievette Walker-Lightfoot, a lawyer in the SEC's Office of Compliance Inspections and Examinations (OCIE), informed her supervisor branch chief Mark Donohue that her review of Madoff found numerous inconsistencies, and recommended further questioning. However, she was told by Donohue and his boss Eric Swanson to stop work on the Madoff investigation, send them her work results, and instead investigate the mutual fund industry. Swanson, assistant director of the SEC's OCIE,[71] had met Shana Madoff in 2003 while investigating her uncle Bernie Madoff and his firm. The investigation was concluded in 2005. In 2006, Swanson left the SEC and became engaged to Shana Madoff, and in 2007 the two married.[72][73] A spokesman for Swanson said he "did not participate in any inquiry of Bernard Madoff Securities or its affiliates while involved in a relationship" with Shana Madoff.[74]

While awaiting sentencing, Madoff met with the SEC's inspector general, H. David Kotz, who conducted an investigation into how regulators had failed to detect the fraud despite numerous red flags.[75] Madoff said he could have been caught in 2003, but that bumbling investigators had acted like "Lt. Columbo" and never asked the right questions:

I was astonished. They never even looked at my stock records. If investigators had checked with The Depository Trust Company, a central securities depository, it would've been easy for them to see. If you're looking at a Ponzi scheme, it's the first thing you do.[76]

Madoff said in the June 17, 2009, interview that SEC Chairman Mary Schapiro was a "dear friend", and SEC Commissioner Elisse Walter was a "terrific lady" whom he knew "pretty well".[77]

After Madoff's arrest, the SEC was criticized for its lack of financial expertise and lack of due diligence, despite having received complaints from Harry Markopolos[78] and others for almost a decade. The SEC's inspector general, Kotz, found that since 1992, there had been six investigations of Madoff by the SEC, which were botched either through incompetent staff work or by neglecting allegations of financial experts and whistle-blowers. At least some of the SEC investigators doubted whether Madoff was even trading.[79][80][81]

Due to concerns of improper conduct by Inspector General Kotz in the Madoff investigation, Inspector General David C. Williams of the United States Postal Service was brought in to conduct an independent outside review.[82]

The Williams Report questioned Kotz's work on the Madoff investigation, because Kotz was a "very good friend" with Markopolos.[83][84] Investigators were not able to determine when Kotz and Markopolos became friends. A violation of the ethics rule would have taken place if the friendship were concurrent with Kotz's investigation of Madoff.[83][85]

Investment scandal

In 1999, financial analyst Harry Markopolos had informed the SEC that he believed it was legally and mathematically impossible to achieve the gains Madoff claimed to deliver. According to Markopolos, it took him four minutes to conclude that Madoff's numbers did not add up, and another minute to suspect they were fraudulent.[86]

After four hours of failed attempts to replicate Madoff's numbers, Markopolos believed he had mathematically proven Madoff was a fraud.[87] He was ignored by the SEC's Boston office in 2000 and 2001, as well as by Meaghan Cheung at the SEC's New York office in 2005 and 2007 when he presented further evidence. He has since co-authored a book with Gaytri D. Kachroo, the leader of his legal team, titled No One Would Listen. The book details the frustrating efforts he and his legal team made over a ten-year period to alert the government, the industry, and the press about Madoff's fraud.[86]

Although Madoff's wealth management business ultimately grew into a multibillion-dollar operation, none of the major derivatives firms traded with him because they did not believe his numbers were real. None of the major Wall Street firms invested with him, and several high-ranking executives at those firms suspected his operations and claims were not legitimate.[87] Others contended it was inconceivable that the growing volume of Madoff's accounts could be competently and legitimately serviced by his documented accounting/auditing firm, a three-person firm with only one active accountant.[88]

The Central Bank of Ireland failed to spot Madoff's gigantic fraud when he started using Irish funds and had to supply large amounts of information, which would have been enough to enable Irish regulators to uncover the fraud much earlier than late 2008 when he was finally arrested in New York.[89][90][91]

The Federal Bureau of Investigation report and federal prosecutors' complaint says that during the first week of December 2008, Madoff confided to a senior employee, identified by Bloomberg News as one of his sons, that he said he was struggling to meet $7 billion in redemptions.[16] For years, Madoff had simply deposited investors' money in his business account at JPMorgan Chase and withdrew money from that account when they requested redemptions. He had scraped together just enough money to make a redemption payment on November 19. However, despite cash infusions from several longtime investors, by the week after Thanksgiving it was apparent that there was not enough money to even begin to meet the remaining requests. His Chase account had over $5.5 billion in mid-2008, but by late November was down to $234 million, not even a fraction of the outstanding redemptions. With banks having all stopped lending, Madoff knew he could not even begin to borrow the money he needed. On December 3, he told longtime assistant Frank DiPascali, who had overseen the fraudulent advisory business, that he was finished. On December 9, he told his brother Peter about the fraud.[69][23]

According to the sons, Madoff told Mark Madoff on the following day, December 9, that he planned to pay out $173 million in bonuses two months early.[92] Madoff said that "he had recently made profits through business operations, and that now was a good time to distribute it."[16] Mark told Andrew Madoff, and the next morning they went to their father's office and asked him how he could pay bonuses to his staff if he was having trouble paying clients. They then traveled to Madoff's apartment, where with Ruth Madoff nearby, Madoff told them he was "finished," that he had "absolutely nothing" left, and that his investment fund was "just one big lie" and "basically, a giant Ponzi scheme."[92][23]

According to their attorney, Madoff's sons then reported their father to federal authorities.[16] Madoff had intended to wind up his operations over the remainder of the week before having his sons turn him in; he directed DiPascali to use the remaining money in his business account to cash out the accounts of several family members and favored friends.[69] However, as soon as they left their father's apartment, Mark and Andrew immediately contacted a lawyer, who in turn got them in touch with federal prosecutors and the SEC.[23] On December 11, 2008, Madoff was arrested and charged with securities fraud.[18]

Madoff posted $10 million bail in December 2008 and remained under 24-hour monitoring and house arrest in his Upper East Side penthouse apartment until his guilty plea on March 12, 2009. On that date, Judge Denny Chin revoked his bail and remanded him to the Metropolitan Correctional Center pending sentencing. Chin ruled that Madoff was a flight risk because of his age, his wealth, and the prospect of spending the rest of his life in prison.[93] Prosecutors filed two asset forfeiture pleadings which include lists of valuable real and personal property as well as financial interests and entities owned or controlled by Madoff.[94]

Madoff's lawyer, Ira Sorkin, filed an appeal, which prosecutors opposed.[94] On March 20, 2009, an appellate court denied Madoff's request to be released from jail and returned to home confinement until his sentencing on June 29, 2009. On June 22, 2009, Sorkin hand-delivered a customary pre-sentencing letter to the judge requesting a sentence of 12 years, because of tables from the Social Security Administration that his life span was predicted to be 13 years.[75][95]

On June 26, 2009, Chin ordered forfeiture of $170 million in Madoff's assets. Prosecutors asked Chin to sentence Madoff to 150 years in prison.[96][97][98] Bankruptcy Trustee Irving Picard indicated that "Mr. Madoff has not provided meaningful cooperation or assistance."[99]

In settlement with federal prosecutors, Madoff's wife Ruth agreed to forfeit her claim to $85 million in assets, leaving her with $2.5 million in cash.[100] The order allowed the SEC and Court appointed trustee Irving Picard to pursue Ruth Madoff's funds.[99] Massachusetts regulators also accused her of withdrawing $15 million from company-related accounts shortly before he confessed.[101]

In February 2009, Madoff reached an agreement with the SEC.[102] It was later revealed that as part of the agreement, Madoff accepted a lifetime ban from the securities industry.[103]

Picard sued Madoff's sons, Mark and Andrew, his brother Peter, and Peter's daughter, Shana, for negligence and breach of fiduciary duty, for $198 million. The defendants had received over $80 million in compensation since 2001.[104][105]

Mechanics of the fraud

According to an SEC indictment, office workers Annette Bongiorno and Joann Crupi created false trading reports based on the returns that Madoff ordered for each customer.[106] For example, when Madoff determined a customer's return, one of the back office workers would enter a false trade report with a previous date and then enter a false closing trade in the amount required to produce the required profit, according to the indictment. Prosecutors allege that Bongiorno used a computer program specially designed to backdate trades and manipulate account statements.[107] They quote her as writing to a manager in the early 1990s, "I need the ability to give any settlement date I want."[106] In some cases, returns were allegedly determined before the account was even opened.[107]

On a daily basis, DiPascali and his team on the 17th floor of the Lipstick Building, where the scam was based (Madoff's brokerage was based on the 19th floor, while the main entrance and conference room were on the 18th floor), watched the closing price of the S&P 100. They then picked the best-performing stocks and used them to create bogus "baskets" of stocks as the basis for false trading records, which Madoff claimed were generated from his supposed "split-strike conversion" strategy, in which he bought blue-chip stocks and took options contracts[clarification needed] on them. They frequently made their "trades" at a stock's monthly high or low, resulting in the high "returns" that they touted to customers. On occasion, they slipped up and dated trades as taking place on weekends and federal holidays, though this was never caught.[23]

Over the years, Madoff admonished his investors to keep quiet about their relationship with him. This was because he was well aware of the finite limits that existed for a legitimate split-strike conversion. He knew that if the amount he "managed" became known, investors would question whether he could trade on the scale he claimed without the market reacting to his activity, or whether there were enough options to hedge his stock purchases.[69]

As early as 2001, Harry Markopolos discovered that in order for Madoff's strategy to be possible, he would have had to buy more options on the Chicago Board Options Exchange than actually existed.[86] Additionally, at least one hedge-fund manager, Suzanne Murphy, revealed that she balked at investing with Madoff because she did not believe there was enough volume to support his purported trading activity.[23]

Madoff admitted during his March 2009 guilty plea that the essence of his scheme was to deposit client money into a bank account, rather than invest it and generate steady returns as clients had believed. When clients wanted their money, "I used the money in the Chase Manhattan bank account that belonged to them or other clients to pay the requested funds," he told the court.[108][109]

Madoff maintained that he began his fraud in the early 1990s, though prosecutors believed it was underway as early as the 1980s. DiPascali, for instance, told prosecutors that he knew at some point in the late 1980s or early 1990s that the investment advisory business was a sham.[69] An investigator charged with reconstructing Madoff's scheme believes that the fraud was well under way as early as 1964. Reportedly, Madoff told an acquaintance soon after his arrest that the fraud began "almost immediately" after his firm opened its doors. Bongiorno, who spent over 40 years with Madoff–longer than anyone except Ruth and Peter–told investigators that she was doing "the same things she was doing in 2008" when she first joined the firm.[23]

Affinity fraud

Madoff targeted wealthy American Jewish communities, using his in-group status to obtain investments from Jewish individuals and institutions. Affected Jewish charitable organizations considered victims of this affinity fraud include Hadassah, the Women's Zionist Organization of America, the Elie Wiesel Foundation and Steven Spielberg's Wunderkinder Foundation. Jewish federations and hospitals lost millions of dollars, forcing some organizations to close. The Lappin Foundation, for instance, was forced to close temporarily because it had invested its funds with Madoff.[110]

Size of loss to investors

David Sheehan, chief counsel to trustee Picard, stated on September 27, 2009, that about $36 billion was invested into the scam, returning $18 billion to investors, with $18 billion missing. About half of Madoff's investors were "net winners," earning more than their investment. The withdrawal amounts in the final six years were subject to "clawback" (return of money) lawsuits.[22]

In a May 4, 2011, statement, trustee Picard said that the total amount owed to customers (with some adjustments) was $57 billion, of which $17.3 billion was actually invested by customers. $7.6 billion has been recovered, but pending lawsuits, only $2.6 billion was available to repay victims.[111][112]

The Internal Revenue Service ruled that investors' capital losses in this and other fraudulent investment schemes would be treated as business losses, thereby allowing the victims to claim a tax deduction for such losses.[113][114]

The size of the fraud was stated as $65 billion early in the investigation. Former SEC Chairman Harvey Pitt estimated the actual net fraud to be between $10 and $17 billion.[115] One difference between the estimates results from different methods of calculation. One method calculates losses as the total amount that victims thought they were owed, but will never receive. The smaller estimates are arrived at by subtracting the total cash received from the scheme from the total cash paid into the scheme, after excluding from the calculation persons accused of collaborating with the scheme, persons who invested through "feeder funds," and anyone who received more cash from the scheme than they paid in. Erin Arvedlund, who publicly questioned Madoff's reported investment performance in 2001, stated that the actual amount of the fraud might never be known, but was likely between $12 and $20 billion.[116][117][118]

Jeffry Picower, rather than Madoff, appears to have been the largest beneficiary of Madoff's Ponzi scheme, and his estate settled the claims against it for $7.2 billion.[119][120]

Entities and individuals affiliated with Fred Wilpon and Saul Katz received $300 million in respect of investments in the scheme. Wilpon and Katz "categorically reject[ed]" the charge that they "ignored warning signs" about Madoff's fraud.[121]

On November 9, 2017, the U.S. government announced that it would begin paying out $772.5 million from the Madoff Victim Fund to more than 24,000 victims of the Ponzi scheme.[122]

The Madoff Recovery Initiative reported $14.418 billion in total recoveries and settlement agreements.[25]

Plea, sentencing, and prison life

On March 12, 2009, Madoff pleaded guilty to 11 federal felonies, including securities fraud, wire fraud, mail fraud, money laundering, making false statements, perjury, theft from an employee benefit plan, and making false filings with the SEC. The plea was the response to a criminal complaint filed two days earlier, which stated that over the past 20 years, Madoff had defrauded his clients of almost $65 billion in the largest Ponzi scheme in history. Madoff insisted he was solely responsible for the fraud.[79][123] He pleaded guilty to all charges without a plea bargain; it has been speculated that he did this instead of cooperating with the authorities in order to avoid naming any associates and co-conspirators in the scheme.[124][125]

In November 2009, David G. Friehling, Madoff's accounting front man and auditor, pleaded guilty to securities fraud, investment adviser fraud, making false filings to the SEC, and obstructing the Internal Revenue Service. He admitted to merely rubber-stamping Madoff's filings rather than auditing them.[126] Friehling extensively cooperated with federal prosecutors and testified at the trials of five former Madoff employees, all of whom were convicted and sentenced to between 2 and a half and 10 years in prison. Although he could have been sentenced to more than 100 years in prison, because of his cooperation, Friehling was sentenced in May 2015 to one year of home detention and one year of supervised release.[127] His involvement made the Madoff scheme by far the largest accounting fraud in history, dwarfing the $11 billion accounting fraud masterminded by Bernard Ebbers in the WorldCom scandal.

Madoff's right-hand man and financial chief, Frank DiPascali, pleaded guilty to 10 federal charges in 2009 and (like Friehling) testified for the government at the trial of five former colleagues, all of whom were convicted. DiPascali faced a sentence of up to 125 years, but he died of lung cancer in May 2015, before he could be sentenced.[128][129]

In his plea allocution, Madoff stated he began his Ponzi scheme in 1991. He admitted he had never made any legitimate investments with his clients' money during this time. Instead, he said, he simply deposited the money into his personal business account at Chase Manhattan Bank. When his customers asked for withdrawals, he paid them out of the Chase account—a classic "robbing Peter to pay Paul" scenario. Chase and its successor, JPMorgan Chase, may have earned as much as $483 million from his bank account.[130][131] He was committed to satisfying his clients' expectations of high returns, despite an economic recession. He admitted to false trading activities masked by foreign transfers and false SEC filings. He stated that he always intended to resume legitimate trading activity, but it proved "difficult, and ultimately impossible" to reconcile his client accounts. In the end, he said, he realized that his scam would eventually be exposed.[93][132]

On June 29, 2009, Judge Chin sentenced him to the maximum sentence of 150 years in federal prison.[26][133] His lawyers initially asked the judge to impose a sentence of 7 years, and later requested that the sentence be 12 years, because of Madoff's advanced age of 71 and his limited life expectancy.[134]

Madoff apologized to his victims, saying,

I have left a legacy of shame, as some of my victims have pointed out, to my family and my grandchildren. This was something I will live in for the rest of my life. I'm sorry. I know that doesn't help you.

Judge Chin had not received any mitigating factor letters from friends or family testifying to Madoff's good deeds. "The absence of such support was telling," he said.[135]

Judge Chin also said that Madoff had not been forthcoming about his crimes. "I have a sense Mr. Madoff has not done all that he could do or told all that he knows," said Chin, calling the fraud "extraordinarily evil", "unprecedented", and "staggering", and that the sentence would deter others from committing similar frauds.[136] Judge Chin also agreed with prosecutors' contention that the fraud began at some point in the 1980s. He also noted that Madoff's crimes were "off the charts", since federal sentencing guidelines for fraud only go up to $400 million in losses.[137]

Ruth did not attend court but issued a statement, saying: "I am breaking my silence now because my reluctance to speak has been interpreted as indifference or lack of sympathy for the victims of my husband Bernie's crime, which was exactly the opposite of the truth. I am embarrassed and ashamed. Like everyone else, I feel betrayed and confused. The man who committed this horrible fraud was not the man whom I have known for all these years."[138][139]

Incarceration

 
FCI Butner Medium, where Madoff was incarcerated

Madoff's attorney asked the judge to recommend that the Federal Bureau of Prisons place Madoff in the Federal Correctional Institution, Otisville, which was located 70 miles (110 km) from Manhattan. The judge, however, only recommended that Madoff be sent to a facility in the Northeast United States. He was transferred to the Federal Correctional Institution Butner Medium near Butner, North Carolina, about 45 miles (72 km) northwest of Raleigh; he was Bureau of Prisons Register #61727-054.[140][141] Jeff Gammage of The Philadelphia Inquirer said, in regards to his prison assignment, "Madoff's heavy sentence likely determined his fate."[142]

Madoff's projected release date was January 31, 2137.[141][143] The release date, described as "academic" in Madoff's case because he would have to live to the age of 198, reflects a reduction for good behavior.[144] On October 13, 2009, it was reported that Madoff experienced his first prison yard fight with another inmate, also a senior citizen.[145] When he began his sentence, Madoff's stress levels were so severe that he broke out in hives and other skin maladies soon after.[146]

On December 18, 2009, Madoff was moved to Duke University Medical Center in Durham, North Carolina, and was treated for several facial injuries. A former inmate later claimed that the injuries were received during an alleged altercation with another inmate.[147]

Other news reports described Madoff's injuries as more serious and including "facial fractures, broken ribs, and a collapsed lung".[146][148] The Federal Bureau of Prisons said Madoff signed an affidavit on December 24, 2009, which indicated that he had not been assaulted and that he had been admitted to the hospital for hypertension.[149]

In his letter to his daughter-in-law, Madoff said that he was being treated in prison like a "Mafia don".

They call me either Uncle Bernie or Mr. Madoff. I can't walk anywhere without someone shouting their greetings and encouragement, to keep my spirit up. It's really quite sweet, how concerned everyone was about my well being, including the staff […] It's much safer here than walking the streets of New York.[150]

After an inmate slapped Madoff because he had changed the channel on the TV, it was reported that Madoff befriended Carmine Persico, boss of the Colombo crime family since 1973, one of New York's five American Mafia families.[151] It was believed Persico had intimidated the inmate who slapped Madoff in the face.[152]

On July 29, 2019, Madoff asked Donald Trump for a reduced sentence or pardon, to which the White House and Donald Trump made no comment.[153]

In February 2020, his lawyer filed for compassionate release from prison on the claim that he had chronic kidney failure, a terminal illness leaving him less than 18 months to live, and that the COVID-19 pandemic further threatened his life.[154] He was hospitalized for this condition in December 2019.[155][156] The request was denied due to the severity of Madoff's crimes.[157][158][159][160]

Death

Madoff died of hypertension, atherosclerotic cardiovascular disease, and chronic kidney disease at the age of 82 in Federal Medical Center, Butner, a federal prison for inmates with special health needs near Butner, North Carolina, on April 14, 2021.[161][162][163] He was cremated in Durham, North Carolina.[164]

Personal life

Madoff met Ruth Alpern while attending Far Rockaway High School. The two eventually began dating. Ruth graduated from high school in 1958, and earned her bachelor's degree at Queens College.[165][166] On November 28, 1959, Madoff married Alpern.[40][167] She was employed at the stock market[clarification needed] in Manhattan before[168] working in Madoff's firm, and she founded the Madoff Charitable Foundation.[169] Bernard and Ruth Madoff had two sons: Mark (March 11, 1964 – December 11, 2010),[170] a 1986 graduate of the University of Michigan, and Andrew (April 8, 1966 – September 3, 2014),[171][172] a 1988 graduate of University of Pennsylvania's Wharton Business School.[173][174] Both sons later worked in the trading section alongside paternal cousin Charles Weiner.[48][175]

Several family members worked for Madoff. His younger brother, Peter,[176] an attorney, was senior managing director and chief compliance officer, and Peter's daughter, Shana Madoff, also an attorney, was the firm's compliance attorney. On the morning of December 11, 2010 – exactly two years after Bernard's arrest – his son Mark was found dead in his New York City apartment. The city medical examiner ruled the cause of death as suicide by hanging.[12][13][14][11]

Over the years, Madoff's sons had borrowed money from their parents, to purchase homes and other property. Mark Madoff owed his parents $22 million, and Andrew Madoff owed them $9.5 million. There were two loans in 2008 from Bernard Madoff to Andrew: $4.3 million on October 6, and $250,000 on September 21.[177] Andrew owned a Manhattan apartment and a home in Greenwich, Connecticut, as did his brother Mark,[168] prior to his death.[12]

Both sons used outside investment firms to run their own private philanthropic foundations.[46][168][178] In March 2003, Andrew Madoff was diagnosed with mantle cell lymphoma and eventually returned to work. He was named chairman of the Lymphoma Research Foundation in January 2008, but resigned shortly after his father's arrest.[168]

Peter Madoff (and Andrew Madoff, before his death) remained the targets of a tax fraud investigation by federal prosecutors, according to The Wall Street Journal. David Friehling, Bernard Madoff's tax accountant, who pleaded guilty in a related case, was reportedly assisting in the investigation. According to a civil lawsuit filed in October 2009, trustee Irving Picard alleges that Peter Madoff deposited $32,146 into his Madoff accounts and withdrew over $16 million; Andrew deposited almost $1 million into his accounts and withdrew $17 million; Mark deposited $745,482 and withdrew $18.1 million.[179]

Bernard Madoff lived in Roslyn, New York, in a ranch house through the 1970s. In 1980, he purchased an ocean-front residence in Montauk, New York, for $250,000.[180] His primary residence was on Manhattan's Upper East Side,[181] and he was listed as chairman of the building's co-op board.[182] He also owned a home in France and an 8,700-square-foot house in Palm Beach, Florida, where he was a member of the Palm Beach Country Club, where he searched for targets of his fraud.[183][184][185] Madoff owned a 55-foot (17 m) sportfishing yacht named Bull.[182][44] All three of his homes were auctioned by the U.S. Marshals Service in September 2009.[186][187]

Sheryl Weinstein, former chief financial officer of Hadassah, disclosed in a memoir that she and Madoff had had an affair more than 20 years earlier. As of 1997, when Weinstein left, Hadassah had invested a total of $40 million with Bernie Madoff. By the end of 2008, Hadassah had withdrawn more than $130 million from its Madoff accounts and contends its accounts were valued at $90 million at the time of Madoff's arrest. At the victim impact sentencing hearing, Weinstein testified, calling him a "beast".[188][189]

According to a March 13, 2009, filing by Madoff, he and his wife were worth up to $126 million, plus an estimated $700 million for the value of his business interest in Bernard L. Madoff Investment Securities LLC.[190]

During a 2011 interview on CBS, Ruth Madoff claimed she and her husband had attempted suicide after his fraud was exposed, both taking "a bunch of pills" in a suicide pact on Christmas Eve 2008.[4][191] In November 2011, former Madoff employee David Kugel pleaded guilty to charges that arose out of the scheme. He admitted having helped Madoff create a phony paper trail, the false account statements that were supplied to clients.[192]

Bernard Madoff had a heart attack in December 2013, and reportedly had end-stage renal disease (ESRD).[193] According to CBS New York[194] and other news sources, Madoff claimed in an email to CNBC in January 2014 that he had kidney cancer, but this was unconfirmed. In a court filing from his lawyer in February 2020, it was revealed Madoff had chronic kidney failure.[155]

On February 17, 2022, Madoff's sister, Sondra Weiner, and her husband, Marvin, were both found dead with gun wounds in their Boynton Beach, Florida home. The deaths of Sondra, 87, and Marvin, 90, were labeled by police as a potential murder-suicide.[195]

Philanthropy and other activities

Madoff was a prominent philanthropist,[18][175] who served on boards of nonprofit institutions, many of which entrusted his firm with their endowments.[18][175] The collapse and freeze of his personal assets and those of his firm affected businesses, charities, and foundations around the world, including the Chais Family Foundation,[196] the Robert I. Lappin Charitable Foundation, the Picower Foundation, and the JEHT Foundation which were forced to close.[18][197] Madoff donated approximately $6 million to lymphoma research after his son Andrew was diagnosed with the disease.[198] He and his wife gave over $230,000 to political causes since 1991, with the bulk going to the Democratic Party.[199]

Madoff served as the chairman of the board of directors of the Sy Syms School of Business at Yeshiva University, and as treasurer of its board of trustees.[175] He resigned his position at Yeshiva University after his arrest.[197] Madoff also served on the board of New York City Center, a member of New York City's Cultural Institutions Group (CIG).[200] He served on the executive council of the Wall Street division of the UJA Foundation of New York which declined to invest funds with him because of the conflict of interest.[201]

Madoff undertook charity work for the Gift of Life Bone Marrow Foundation and made philanthropic gifts through the Madoff Family Foundation, a $19 million private foundation, which he managed along with his wife.[18] They also donated money to hospitals and theaters.[175] The foundation also contributed to many educational, cultural, and health charities, including those later forced to close because of Madoff's fraud.[202] After Madoff's arrest, the assets of the Madoff Family Foundation were frozen by a federal court.[18]

In the media

See also

References

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External links

  • at the Wayback Machine (archived August 22, 2007)
  • at the Wayback Machine (archived December 14, 2008)
  • The Independent: Madoff reveals his suffering
  • The Face That Launched A Thousand Lawsuits – Madoff's Legacy

bernie, madoff, madoff, redirects, here, other, people, with, same, surname, madoff, surname, miniseries, madoff, miniseries, madoff, monster, wall, street, bernard, lawrence, madoff, ɔː, dawf, april, 1938, april, 2021, american, fraudster, financier, mastermi. Madoff redirects here For other people with the same surname see Madoff surname For the TV miniseries see Madoff miniseries and Madoff The Monster of Wall Street Bernard Lawrence Madoff ˈ m eɪ d ɔː f MAY dawf 2 April 29 1938 April 14 2021 was an American fraudster and financier who was the mastermind of the largest Ponzi scheme in history worth about 64 8 billion 3 4 He was at one time chairman of the Nasdaq stock exchange 5 Madoff s firm had two basic units a stock brokerage and an asset management business the Ponzi scheme was centered in the asset management business Bernie Madoff2009 mugshotBornBernard Lawrence Madoff 1938 04 29 April 29 1938New York City New York U S DiedApril 14 2021 2021 04 14 aged 82 Butner North Carolina U S Alma materUniversity of Alabama transferred Hofstra University BA Brooklyn Law School withdrew OccupationsStock brokerinvestment adviserfinancierEmployerBernard L Madoff Investment Securities 1 founder Known forBeing the chairman of Nasdaq and the Madoff investment scandalCriminal statusDeceasedSpouseRuth Madoff m 1959 wbr ChildrenMarkAndrewConviction s March 12 2009 pleaded guilty Criminal chargeSecurities fraud investment advisor fraud mail fraud wire fraud money laundering false statements perjury making false filings with the SEC theft from an employee benefit planPenalty150 years in prison forfeiture of US 17 179 billion lifetime ban from securities industryDate apprehendedDecember 11 2008Madoff founded a penny stock brokerage in 1960 which eventually grew into Bernard L Madoff Investment Securities 6 He served as the company s chairman until his arrest on December 11 2008 7 8 That year the firm was the 6th largest market maker in S amp P 500 stocks 9 While the stock brokerage part of the business had a public profile Madoff tried to keep his asset management business low profile and exclusive At the firm he employed his brother Peter Madoff as senior managing director and chief compliance officer Peter s daughter Shana Madoff as the firm s rules and compliance officer and attorney and his now deceased sons Mark Madoff and Andrew Madoff Peter was sentenced to 10 years in prison in 2012 10 and Mark hanged himself in 2010 exactly two years after his father s arrest 11 12 13 14 Andrew died of lymphoma on September 3 2014 15 On December 10 2008 Madoff s sons Mark and Andrew told authorities that their father had confessed to them that the asset management unit of his firm was a massive Ponzi scheme and quoted him as saying that it was one big lie 16 17 18 The following day agents from the Federal Bureau of Investigation arrested Madoff and charged him with one count of securities fraud The U S Securities and Exchange Commission SEC had previously conducted multiple investigations into his business practices but had not uncovered the massive fraud 9 On March 12 2009 Madoff pleaded guilty to 11 federal felonies and admitted to turning his wealth management business into a massive Ponzi scheme The Madoff investment scandal defrauded thousands of investors of billions of dollars Madoff said that he began the Ponzi scheme in the early 1990s but an ex trader admitted in court to faking records for Madoff since the early 1970s 19 20 21 Those charged with recovering the missing money believe that the investment operation may never have been legitimate 22 23 The amount missing from client accounts was almost 65 billion including fabricated gains 24 The Securities Investor Protection Corporation SIPC trustee estimated actual losses to investors of 18 billion 22 of which 14 418 billion has been recovered and returned while the search for additional funds continues 25 On June 29 2009 Madoff was sentenced to 150 years in prison the maximum sentence allowed 26 27 28 29 On April 14 2021 he died at the Federal Medical Center Butner in North Carolina from chronic kidney disease 30 31 32 33 Contents 1 Early life 2 Career 3 Government access 4 Investment scandal 4 1 Mechanics of the fraud 4 2 Affinity fraud 4 3 Size of loss to investors 5 Plea sentencing and prison life 5 1 Incarceration 6 Death 7 Personal life 8 Philanthropy and other activities 9 In the media 10 See also 11 References 12 External linksEarly lifeMadoff was born on April 29 1938 in Queens New York City to Sylvia Muntner and Ralph Madoff who was a plumber and stockbroker 34 31 35 36 His family was Jewish 37 Madoff s grandparents were emigrants from Poland Romania and Austria 38 He was the second of three children his siblings are Sondra Weiner and Peter Madoff 39 40 Madoff graduated from Far Rockaway High School in 1956 41 Madoff attended the University of Alabama for one year where he became a brother of the Tau Chapter of the Sigma Alpha Mu fraternity then transferred to and graduated from Hofstra University in 1960 with a Bachelor of Arts in political science 42 43 Madoff briefly attended Brooklyn Law School but left after his first year to found Bernard L Madoff Investment Securities LLC and work for himself 44 43 32 CareerIn 1960 Madoff founded Bernard L Madoff Investment Securities LLC as a broker dealer for penny stock with 5 000 equivalent to 46 000 in 2021 45 that he earned from working as a lifeguard and irrigation sprinkler installer 46 and a loan of 50 000 from his father in law accountant Saul Alpern who referred a circle of friends and their families 47 Carl J Shapiro was one such early customer investing 100 000 33 Initially the firm made markets quoted bid and ask prices via the National Quotation Bureau s Pink Sheets In order to compete with firms that were members of the New York Stock Exchange trading on the stock exchange s floor his firm began using innovative computer information technology to disseminate its quotes 48 After a trial run the technology that the firm helped to develop became the National Association of Securities Dealers Automated Quotations Stock Market Nasdaq 49 After 41 years as a sole proprietorship the Madoff firm incorporated in 2001 as a limited liability company with Madoff as the sole shareholder 50 The firm functioned as a third market trading provider bypassing exchange specialist firms by directly executing orders over the counter from retail brokers 51 At one point Madoff Securities was the largest market maker at the Nasdaq and in 2008 was the sixth largest market maker in S amp P 500 stocks 48 The firm also had an investment management and advisory division which it did not publicize that was the focus of the fraud investigation 52 Madoff was the first prominent practitioner 53 of payment for order flow in which a dealer pays a broker for the right to execute a customer s order This has been called a legal kickback 54 Some academics have questioned the ethics of these payments 55 56 Madoff argued that these payments did not alter the price that the customer received 57 He viewed the payments as a normal business practice If your girlfriend goes to buy stockings at a supermarket the racks that display those stockings are usually paid for by the company that manufactured the stockings Order flow was an issue that attracted a lot of attention but was grossly overrated 57 Madoff was active in the National Association of Securities Dealers NASD a self regulatory securities industry organization He served as chairman of its board of directors and was a member of its board of governors 58 Government accessFrom 1991 to 2008 Bernie and Ruth Madoff contributed about 240 000 to federal candidates parties and committees including 25 000 a year from 2005 through 2008 to the Democratic Senatorial Campaign Committee The committee returned 100 000 of the Madoffs contributions to Irving Picard the bankruptcy trustee who oversees all claims and Senator Chuck Schumer returned almost 30 000 received from Madoff and his relatives to the trustee Senator Chris Dodd donated 1 500 to the Elie Wiesel Foundation for Humanity a Madoff victim 59 60 Members of the Madoff family have served as leaders of the Securities Industry and Financial Markets Association SIFMA the primary securities industry organization 61 Bernard Madoff served on the board of directors of the Securities Industry Association a precursor of SIFMA and was chairman of its trading committee 62 He was a founding board member of the Depository Trust amp Clearing Corporation DTCC subsidiary in London the International Securities Clearing Corporation 63 64 Madoff s brother Peter served two terms as a member of SIFMA s board of directors He and Andrew received awards from SIFMA in 2008 for extraordinary leadership and service 65 66 He resigned from the board of directors of SIFMA in December 2008 as news of the Ponzi scheme broke 61 From 2000 to 2008 the Madoff brothers donated 56 000 directly to SIFMA and paid additional money as sponsors of industry meetings 67 Bernard Madoff s niece Shana Madoff was a member of the executive committee of SIFMA s Compliance amp Legal Division but resigned shortly after the arrest 68 Madoff s name first came up in a fraud investigation in 1992 when two people complained to the SEC about investments they made with Avellino amp Bienes the successor to his father in law s accounting practice For years Alpern and two of his colleagues Frank Avellino and Michael Bienes had raised money for Madoff a practice that continued after Avellino and Bienes took over the firm in the 1970s 69 Avellino returned the money to investors and the SEC closed the case 70 In 2004 Genevievette Walker Lightfoot a lawyer in the SEC s Office of Compliance Inspections and Examinations OCIE informed her supervisor branch chief Mark Donohue that her review of Madoff found numerous inconsistencies and recommended further questioning However she was told by Donohue and his boss Eric Swanson to stop work on the Madoff investigation send them her work results and instead investigate the mutual fund industry Swanson assistant director of the SEC s OCIE 71 had met Shana Madoff in 2003 while investigating her uncle Bernie Madoff and his firm The investigation was concluded in 2005 In 2006 Swanson left the SEC and became engaged to Shana Madoff and in 2007 the two married 72 73 A spokesman for Swanson said he did not participate in any inquiry of Bernard Madoff Securities or its affiliates while involved in a relationship with Shana Madoff 74 While awaiting sentencing Madoff met with the SEC s inspector general H David Kotz who conducted an investigation into how regulators had failed to detect the fraud despite numerous red flags 75 Madoff said he could have been caught in 2003 but that bumbling investigators had acted like Lt Columbo and never asked the right questions I was astonished They never even looked at my stock records If investigators had checked with The Depository Trust Company a central securities depository it would ve been easy for them to see If you re looking at a Ponzi scheme it s the first thing you do 76 Madoff said in the June 17 2009 interview that SEC Chairman Mary Schapiro was a dear friend and SEC Commissioner Elisse Walter was a terrific lady whom he knew pretty well 77 After Madoff s arrest the SEC was criticized for its lack of financial expertise and lack of due diligence despite having received complaints from Harry Markopolos 78 and others for almost a decade The SEC s inspector general Kotz found that since 1992 there had been six investigations of Madoff by the SEC which were botched either through incompetent staff work or by neglecting allegations of financial experts and whistle blowers At least some of the SEC investigators doubted whether Madoff was even trading 79 80 81 Due to concerns of improper conduct by Inspector General Kotz in the Madoff investigation Inspector General David C Williams of the United States Postal Service was brought in to conduct an independent outside review 82 The Williams Report questioned Kotz s work on the Madoff investigation because Kotz was a very good friend with Markopolos 83 84 Investigators were not able to determine when Kotz and Markopolos became friends A violation of the ethics rule would have taken place if the friendship were concurrent with Kotz s investigation of Madoff 83 85 Investment scandalMain article Madoff investment scandal In 1999 financial analyst Harry Markopolos had informed the SEC that he believed it was legally and mathematically impossible to achieve the gains Madoff claimed to deliver According to Markopolos it took him four minutes to conclude that Madoff s numbers did not add up and another minute to suspect they were fraudulent 86 After four hours of failed attempts to replicate Madoff s numbers Markopolos believed he had mathematically proven Madoff was a fraud 87 He was ignored by the SEC s Boston office in 2000 and 2001 as well as by Meaghan Cheung at the SEC s New York office in 2005 and 2007 when he presented further evidence He has since co authored a book with Gaytri D Kachroo the leader of his legal team titled No One Would Listen The book details the frustrating efforts he and his legal team made over a ten year period to alert the government the industry and the press about Madoff s fraud 86 Although Madoff s wealth management business ultimately grew into a multibillion dollar operation none of the major derivatives firms traded with him because they did not believe his numbers were real None of the major Wall Street firms invested with him and several high ranking executives at those firms suspected his operations and claims were not legitimate 87 Others contended it was inconceivable that the growing volume of Madoff s accounts could be competently and legitimately serviced by his documented accounting auditing firm a three person firm with only one active accountant 88 The Central Bank of Ireland failed to spot Madoff s gigantic fraud when he started using Irish funds and had to supply large amounts of information which would have been enough to enable Irish regulators to uncover the fraud much earlier than late 2008 when he was finally arrested in New York 89 90 91 The Federal Bureau of Investigation report and federal prosecutors complaint says that during the first week of December 2008 Madoff confided to a senior employee identified by Bloomberg News as one of his sons that he said he was struggling to meet 7 billion in redemptions 16 For years Madoff had simply deposited investors money in his business account at JPMorgan Chase and withdrew money from that account when they requested redemptions He had scraped together just enough money to make a redemption payment on November 19 However despite cash infusions from several longtime investors by the week after Thanksgiving it was apparent that there was not enough money to even begin to meet the remaining requests His Chase account had over 5 5 billion in mid 2008 but by late November was down to 234 million not even a fraction of the outstanding redemptions With banks having all stopped lending Madoff knew he could not even begin to borrow the money he needed On December 3 he told longtime assistant Frank DiPascali who had overseen the fraudulent advisory business that he was finished On December 9 he told his brother Peter about the fraud 69 23 According to the sons Madoff told Mark Madoff on the following day December 9 that he planned to pay out 173 million in bonuses two months early 92 Madoff said that he had recently made profits through business operations and that now was a good time to distribute it 16 Mark told Andrew Madoff and the next morning they went to their father s office and asked him how he could pay bonuses to his staff if he was having trouble paying clients They then traveled to Madoff s apartment where with Ruth Madoff nearby Madoff told them he was finished that he had absolutely nothing left and that his investment fund was just one big lie and basically a giant Ponzi scheme 92 23 According to their attorney Madoff s sons then reported their father to federal authorities 16 Madoff had intended to wind up his operations over the remainder of the week before having his sons turn him in he directed DiPascali to use the remaining money in his business account to cash out the accounts of several family members and favored friends 69 However as soon as they left their father s apartment Mark and Andrew immediately contacted a lawyer who in turn got them in touch with federal prosecutors and the SEC 23 On December 11 2008 Madoff was arrested and charged with securities fraud 18 Madoff posted 10 million bail in December 2008 and remained under 24 hour monitoring and house arrest in his Upper East Side penthouse apartment until his guilty plea on March 12 2009 On that date Judge Denny Chin revoked his bail and remanded him to the Metropolitan Correctional Center pending sentencing Chin ruled that Madoff was a flight risk because of his age his wealth and the prospect of spending the rest of his life in prison 93 Prosecutors filed two asset forfeiture pleadings which include lists of valuable real and personal property as well as financial interests and entities owned or controlled by Madoff 94 Madoff s lawyer Ira Sorkin filed an appeal which prosecutors opposed 94 On March 20 2009 an appellate court denied Madoff s request to be released from jail and returned to home confinement until his sentencing on June 29 2009 On June 22 2009 Sorkin hand delivered a customary pre sentencing letter to the judge requesting a sentence of 12 years because of tables from the Social Security Administration that his life span was predicted to be 13 years 75 95 On June 26 2009 Chin ordered forfeiture of 170 million in Madoff s assets Prosecutors asked Chin to sentence Madoff to 150 years in prison 96 97 98 Bankruptcy Trustee Irving Picard indicated that Mr Madoff has not provided meaningful cooperation or assistance 99 In settlement with federal prosecutors Madoff s wife Ruth agreed to forfeit her claim to 85 million in assets leaving her with 2 5 million in cash 100 The order allowed the SEC and Court appointed trustee Irving Picard to pursue Ruth Madoff s funds 99 Massachusetts regulators also accused her of withdrawing 15 million from company related accounts shortly before he confessed 101 In February 2009 Madoff reached an agreement with the SEC 102 It was later revealed that as part of the agreement Madoff accepted a lifetime ban from the securities industry 103 Picard sued Madoff s sons Mark and Andrew his brother Peter and Peter s daughter Shana for negligence and breach of fiduciary duty for 198 million The defendants had received over 80 million in compensation since 2001 104 105 Mechanics of the fraud According to an SEC indictment office workers Annette Bongiorno and Joann Crupi created false trading reports based on the returns that Madoff ordered for each customer 106 For example when Madoff determined a customer s return one of the back office workers would enter a false trade report with a previous date and then enter a false closing trade in the amount required to produce the required profit according to the indictment Prosecutors allege that Bongiorno used a computer program specially designed to backdate trades and manipulate account statements 107 They quote her as writing to a manager in the early 1990s I need the ability to give any settlement date I want 106 In some cases returns were allegedly determined before the account was even opened 107 On a daily basis DiPascali and his team on the 17th floor of the Lipstick Building where the scam was based Madoff s brokerage was based on the 19th floor while the main entrance and conference room were on the 18th floor watched the closing price of the S amp P 100 They then picked the best performing stocks and used them to create bogus baskets of stocks as the basis for false trading records which Madoff claimed were generated from his supposed split strike conversion strategy in which he bought blue chip stocks and took options contracts clarification needed on them They frequently made their trades at a stock s monthly high or low resulting in the high returns that they touted to customers On occasion they slipped up and dated trades as taking place on weekends and federal holidays though this was never caught 23 Over the years Madoff admonished his investors to keep quiet about their relationship with him This was because he was well aware of the finite limits that existed for a legitimate split strike conversion He knew that if the amount he managed became known investors would question whether he could trade on the scale he claimed without the market reacting to his activity or whether there were enough options to hedge his stock purchases 69 As early as 2001 Harry Markopolos discovered that in order for Madoff s strategy to be possible he would have had to buy more options on the Chicago Board Options Exchange than actually existed 86 Additionally at least one hedge fund manager Suzanne Murphy revealed that she balked at investing with Madoff because she did not believe there was enough volume to support his purported trading activity 23 Madoff admitted during his March 2009 guilty plea that the essence of his scheme was to deposit client money into a bank account rather than invest it and generate steady returns as clients had believed When clients wanted their money I used the money in the Chase Manhattan bank account that belonged to them or other clients to pay the requested funds he told the court 108 109 Madoff maintained that he began his fraud in the early 1990s though prosecutors believed it was underway as early as the 1980s DiPascali for instance told prosecutors that he knew at some point in the late 1980s or early 1990s that the investment advisory business was a sham 69 An investigator charged with reconstructing Madoff s scheme believes that the fraud was well under way as early as 1964 Reportedly Madoff told an acquaintance soon after his arrest that the fraud began almost immediately after his firm opened its doors Bongiorno who spent over 40 years with Madoff longer than anyone except Ruth and Peter told investigators that she was doing the same things she was doing in 2008 when she first joined the firm 23 Affinity fraud Madoff targeted wealthy American Jewish communities using his in group status to obtain investments from Jewish individuals and institutions Affected Jewish charitable organizations considered victims of this affinity fraud include Hadassah the Women s Zionist Organization of America the Elie Wiesel Foundation and Steven Spielberg s Wunderkinder Foundation Jewish federations and hospitals lost millions of dollars forcing some organizations to close The Lappin Foundation for instance was forced to close temporarily because it had invested its funds with Madoff 110 Size of loss to investors David Sheehan chief counsel to trustee Picard stated on September 27 2009 that about 36 billion was invested into the scam returning 18 billion to investors with 18 billion missing About half of Madoff s investors were net winners earning more than their investment The withdrawal amounts in the final six years were subject to clawback return of money lawsuits 22 In a May 4 2011 statement trustee Picard said that the total amount owed to customers with some adjustments was 57 billion of which 17 3 billion was actually invested by customers 7 6 billion has been recovered but pending lawsuits only 2 6 billion was available to repay victims 111 112 The Internal Revenue Service ruled that investors capital losses in this and other fraudulent investment schemes would be treated as business losses thereby allowing the victims to claim a tax deduction for such losses 113 114 The size of the fraud was stated as 65 billion early in the investigation Former SEC Chairman Harvey Pitt estimated the actual net fraud to be between 10 and 17 billion 115 One difference between the estimates results from different methods of calculation One method calculates losses as the total amount that victims thought they were owed but will never receive The smaller estimates are arrived at by subtracting the total cash received from the scheme from the total cash paid into the scheme after excluding from the calculation persons accused of collaborating with the scheme persons who invested through feeder funds and anyone who received more cash from the scheme than they paid in Erin Arvedlund who publicly questioned Madoff s reported investment performance in 2001 stated that the actual amount of the fraud might never be known but was likely between 12 and 20 billion 116 117 118 Jeffry Picower rather than Madoff appears to have been the largest beneficiary of Madoff s Ponzi scheme and his estate settled the claims against it for 7 2 billion 119 120 Entities and individuals affiliated with Fred Wilpon and Saul Katz received 300 million in respect of investments in the scheme Wilpon and Katz categorically reject ed the charge that they ignored warning signs about Madoff s fraud 121 On November 9 2017 the U S government announced that it would begin paying out 772 5 million from the Madoff Victim Fund to more than 24 000 victims of the Ponzi scheme 122 The Madoff Recovery Initiative reported 14 418 billion in total recoveries and settlement agreements 25 Plea sentencing and prison lifeOn March 12 2009 Madoff pleaded guilty to 11 federal felonies including securities fraud wire fraud mail fraud money laundering making false statements perjury theft from an employee benefit plan and making false filings with the SEC The plea was the response to a criminal complaint filed two days earlier which stated that over the past 20 years Madoff had defrauded his clients of almost 65 billion in the largest Ponzi scheme in history Madoff insisted he was solely responsible for the fraud 79 123 He pleaded guilty to all charges without a plea bargain it has been speculated that he did this instead of cooperating with the authorities in order to avoid naming any associates and co conspirators in the scheme 124 125 In November 2009 David G Friehling Madoff s accounting front man and auditor pleaded guilty to securities fraud investment adviser fraud making false filings to the SEC and obstructing the Internal Revenue Service He admitted to merely rubber stamping Madoff s filings rather than auditing them 126 Friehling extensively cooperated with federal prosecutors and testified at the trials of five former Madoff employees all of whom were convicted and sentenced to between 2 and a half and 10 years in prison Although he could have been sentenced to more than 100 years in prison because of his cooperation Friehling was sentenced in May 2015 to one year of home detention and one year of supervised release 127 His involvement made the Madoff scheme by far the largest accounting fraud in history dwarfing the 11 billion accounting fraud masterminded by Bernard Ebbers in the WorldCom scandal Madoff s right hand man and financial chief Frank DiPascali pleaded guilty to 10 federal charges in 2009 and like Friehling testified for the government at the trial of five former colleagues all of whom were convicted DiPascali faced a sentence of up to 125 years but he died of lung cancer in May 2015 before he could be sentenced 128 129 In his plea allocution Madoff stated he began his Ponzi scheme in 1991 He admitted he had never made any legitimate investments with his clients money during this time Instead he said he simply deposited the money into his personal business account at Chase Manhattan Bank When his customers asked for withdrawals he paid them out of the Chase account a classic robbing Peter to pay Paul scenario Chase and its successor JPMorgan Chase may have earned as much as 483 million from his bank account 130 131 He was committed to satisfying his clients expectations of high returns despite an economic recession He admitted to false trading activities masked by foreign transfers and false SEC filings He stated that he always intended to resume legitimate trading activity but it proved difficult and ultimately impossible to reconcile his client accounts In the end he said he realized that his scam would eventually be exposed 93 132 On June 29 2009 Judge Chin sentenced him to the maximum sentence of 150 years in federal prison 26 133 His lawyers initially asked the judge to impose a sentence of 7 years and later requested that the sentence be 12 years because of Madoff s advanced age of 71 and his limited life expectancy 134 Madoff apologized to his victims saying I have left a legacy of shame as some of my victims have pointed out to my family and my grandchildren This was something I will live in for the rest of my life I m sorry I know that doesn t help you Judge Chin had not received any mitigating factor letters from friends or family testifying to Madoff s good deeds The absence of such support was telling he said 135 Judge Chin also said that Madoff had not been forthcoming about his crimes I have a sense Mr Madoff has not done all that he could do or told all that he knows said Chin calling the fraud extraordinarily evil unprecedented and staggering and that the sentence would deter others from committing similar frauds 136 Judge Chin also agreed with prosecutors contention that the fraud began at some point in the 1980s He also noted that Madoff s crimes were off the charts since federal sentencing guidelines for fraud only go up to 400 million in losses 137 Ruth did not attend court but issued a statement saying I am breaking my silence now because my reluctance to speak has been interpreted as indifference or lack of sympathy for the victims of my husband Bernie s crime which was exactly the opposite of the truth I am embarrassed and ashamed Like everyone else I feel betrayed and confused The man who committed this horrible fraud was not the man whom I have known for all these years 138 139 Incarceration FCI Butner Medium where Madoff was incarcerated Madoff s attorney asked the judge to recommend that the Federal Bureau of Prisons place Madoff in the Federal Correctional Institution Otisville which was located 70 miles 110 km from Manhattan The judge however only recommended that Madoff be sent to a facility in the Northeast United States He was transferred to the Federal Correctional Institution Butner Medium near Butner North Carolina about 45 miles 72 km northwest of Raleigh he was Bureau of Prisons Register 61727 054 140 141 Jeff Gammage of The Philadelphia Inquirer said in regards to his prison assignment Madoff s heavy sentence likely determined his fate 142 Madoff s projected release date was January 31 2137 141 143 The release date described as academic in Madoff s case because he would have to live to the age of 198 reflects a reduction for good behavior 144 On October 13 2009 it was reported that Madoff experienced his first prison yard fight with another inmate also a senior citizen 145 When he began his sentence Madoff s stress levels were so severe that he broke out in hives and other skin maladies soon after 146 On December 18 2009 Madoff was moved to Duke University Medical Center in Durham North Carolina and was treated for several facial injuries A former inmate later claimed that the injuries were received during an alleged altercation with another inmate 147 Other news reports described Madoff s injuries as more serious and including facial fractures broken ribs and a collapsed lung 146 148 The Federal Bureau of Prisons said Madoff signed an affidavit on December 24 2009 which indicated that he had not been assaulted and that he had been admitted to the hospital for hypertension 149 In his letter to his daughter in law Madoff said that he was being treated in prison like a Mafia don They call me either Uncle Bernie or Mr Madoff I can t walk anywhere without someone shouting their greetings and encouragement to keep my spirit up It s really quite sweet how concerned everyone was about my well being including the staff It s much safer here than walking the streets of New York 150 After an inmate slapped Madoff because he had changed the channel on the TV it was reported that Madoff befriended Carmine Persico boss of the Colombo crime family since 1973 one of New York s five American Mafia families 151 It was believed Persico had intimidated the inmate who slapped Madoff in the face 152 On July 29 2019 Madoff asked Donald Trump for a reduced sentence or pardon to which the White House and Donald Trump made no comment 153 In February 2020 his lawyer filed for compassionate release from prison on the claim that he had chronic kidney failure a terminal illness leaving him less than 18 months to live and that the COVID 19 pandemic further threatened his life 154 He was hospitalized for this condition in December 2019 155 156 The request was denied due to the severity of Madoff s crimes 157 158 159 160 DeathMadoff died of hypertension atherosclerotic cardiovascular disease and chronic kidney disease at the age of 82 in Federal Medical Center Butner a federal prison for inmates with special health needs near Butner North Carolina on April 14 2021 161 162 163 He was cremated in Durham North Carolina 164 Personal lifeMadoff met Ruth Alpern while attending Far Rockaway High School The two eventually began dating Ruth graduated from high school in 1958 and earned her bachelor s degree at Queens College 165 166 On November 28 1959 Madoff married Alpern 40 167 She was employed at the stock market clarification needed in Manhattan before 168 working in Madoff s firm and she founded the Madoff Charitable Foundation 169 Bernard and Ruth Madoff had two sons Mark March 11 1964 December 11 2010 170 a 1986 graduate of the University of Michigan and Andrew April 8 1966 September 3 2014 171 172 a 1988 graduate of University of Pennsylvania s Wharton Business School 173 174 Both sons later worked in the trading section alongside paternal cousin Charles Weiner 48 175 Several family members worked for Madoff His younger brother Peter 176 an attorney was senior managing director and chief compliance officer and Peter s daughter Shana Madoff also an attorney was the firm s compliance attorney On the morning of December 11 2010 exactly two years after Bernard s arrest his son Mark was found dead in his New York City apartment The city medical examiner ruled the cause of death as suicide by hanging 12 13 14 11 Over the years Madoff s sons had borrowed money from their parents to purchase homes and other property Mark Madoff owed his parents 22 million and Andrew Madoff owed them 9 5 million There were two loans in 2008 from Bernard Madoff to Andrew 4 3 million on October 6 and 250 000 on September 21 177 Andrew owned a Manhattan apartment and a home in Greenwich Connecticut as did his brother Mark 168 prior to his death 12 Both sons used outside investment firms to run their own private philanthropic foundations 46 168 178 In March 2003 Andrew Madoff was diagnosed with mantle cell lymphoma and eventually returned to work He was named chairman of the Lymphoma Research Foundation in January 2008 but resigned shortly after his father s arrest 168 Peter Madoff and Andrew Madoff before his death remained the targets of a tax fraud investigation by federal prosecutors according to The Wall Street Journal David Friehling Bernard Madoff s tax accountant who pleaded guilty in a related case was reportedly assisting in the investigation According to a civil lawsuit filed in October 2009 trustee Irving Picard alleges that Peter Madoff deposited 32 146 into his Madoff accounts and withdrew over 16 million Andrew deposited almost 1 million into his accounts and withdrew 17 million Mark deposited 745 482 and withdrew 18 1 million 179 Bernard Madoff lived in Roslyn New York in a ranch house through the 1970s In 1980 he purchased an ocean front residence in Montauk New York for 250 000 180 His primary residence was on Manhattan s Upper East Side 181 and he was listed as chairman of the building s co op board 182 He also owned a home in France and an 8 700 square foot house in Palm Beach Florida where he was a member of the Palm Beach Country Club where he searched for targets of his fraud 183 184 185 Madoff owned a 55 foot 17 m sportfishing yacht named Bull 182 44 All three of his homes were auctioned by the U S Marshals Service in September 2009 186 187 Sheryl Weinstein former chief financial officer of Hadassah disclosed in a memoir that she and Madoff had had an affair more than 20 years earlier As of 1997 when Weinstein left Hadassah had invested a total of 40 million with Bernie Madoff By the end of 2008 Hadassah had withdrawn more than 130 million from its Madoff accounts and contends its accounts were valued at 90 million at the time of Madoff s arrest At the victim impact sentencing hearing Weinstein testified calling him a beast 188 189 According to a March 13 2009 filing by Madoff he and his wife were worth up to 126 million plus an estimated 700 million for the value of his business interest in Bernard L Madoff Investment Securities LLC 190 During a 2011 interview on CBS Ruth Madoff claimed she and her husband had attempted suicide after his fraud was exposed both taking a bunch of pills in a suicide pact on Christmas Eve 2008 4 191 In November 2011 former Madoff employee David Kugel pleaded guilty to charges that arose out of the scheme He admitted having helped Madoff create a phony paper trail the false account statements that were supplied to clients 192 Bernard Madoff had a heart attack in December 2013 and reportedly had end stage renal disease ESRD 193 According to CBS New York 194 and other news sources Madoff claimed in an email to CNBC in January 2014 that he had kidney cancer but this was unconfirmed In a court filing from his lawyer in February 2020 it was revealed Madoff had chronic kidney failure 155 On February 17 2022 Madoff s sister Sondra Weiner and her husband Marvin were both found dead with gun wounds in their Boynton Beach Florida home The deaths of Sondra 87 and Marvin 90 were labeled by police as a potential murder suicide 195 Philanthropy and other activitiesMadoff was a prominent philanthropist 18 175 who served on boards of nonprofit institutions many of which entrusted his firm with their endowments 18 175 The collapse and freeze of his personal assets and those of his firm affected businesses charities and foundations around the world including the Chais Family Foundation 196 the Robert I Lappin Charitable Foundation the Picower Foundation and the JEHT Foundation which were forced to close 18 197 Madoff donated approximately 6 million to lymphoma research after his son Andrew was diagnosed with the disease 198 He and his wife gave over 230 000 to political causes since 1991 with the bulk going to the Democratic Party 199 Madoff served as the chairman of the board of directors of the Sy Syms School of Business at Yeshiva University and as treasurer of its board of trustees 175 He resigned his position at Yeshiva University after his arrest 197 Madoff also served on the board of New York City Center a member of New York City s Cultural Institutions Group CIG 200 He served on the executive council of the Wall Street division of the UJA Foundation of New York which declined to invest funds with him because of the conflict of interest 201 Madoff undertook charity work for the Gift of Life Bone Marrow Foundation and made philanthropic gifts through the Madoff Family Foundation a 19 million private foundation which he managed along with his wife 18 They also donated money to hospitals and theaters 175 The foundation also contributed to many educational cultural and health charities including those later forced to close because of Madoff s fraud 202 After Madoff s arrest the assets of the Madoff Family Foundation were frozen by a federal court 18 In the mediaOn May 12 2009 PBS Frontline aired The Madoff Affair and subsequently ShopPBS made DVD videos of the show and transcripts available for purchase by the public at large In season 7 of Curb Your Enthusiasm aired in 2009 the character George Costanza from Seinfeld loses all of the money he made from an app called iToilet by investing with Madoff Imagining Madoff was a 2010 play by Deb Margolin that tells the story of an imagined encounter between Madoff and his victims The play generated controversy when Elie Wiesel originally portrayed as a character in the play threatened legal action forcing Margolin to substitute a fictional character Solomon Galkin The play was nominated for a 2012 Helen Hayes Award A documentary Chasing Madoff describing Harry Markopolos efforts to unmask the fraud was released in August 2011 Woody Allen s 2013 film Blue Jasmine portrays a fictional couple involved in a similar scandal Allen said that the Madoff scandal was the inspiration for the film 203 In God We Trust 2013 a documentary about Eleanor Squillari Madoff s secretary for 25 years and her search for the truth about the fraud The Halcyon Company 204 Madoff was played by Robert De Niro in the May 2017 HBO film The Wizard of Lies based on the best selling book by Diana B Henriques Michelle Pfeiffer plays Ruth Madoff in the film which was released on May 20 2017 Madoff a miniseries by ABC starring Richard Dreyfuss and Blythe Danner as Bernard and Ruth Madoff aired on February 3 and 4 2016 205 206 Ponzi Super Nova an episode of the podcast Radiolab released February 10 2017 in which Madoff was interviewed over prison phone 207 Chevelle s song Face to the Floor as described by the band was a pissed off angry song about people who got taken by the Ponzi scheme that Bernie Madoff had for all those years 208 The heroine of Elin Hilderbrand s novel Silver Girl published in 2011 by Back Bay Books was the wife of a Madoff like schemer 209 Cristina Alger s novel The Darlings published in 2012 by Pamela Dorman Books features a wealthy family with a Madoff like patriarch 210 The action of James Grippando s thriller Need You Now published in 2012 by HarperCollins was set in motion by the suicide of the Bernie Madoff like Ponzi schemer Abe Cushman 211 The protagonist of Elinor Lipman s novel The View from Penthouse B published in 2013 by Houghton Mifflin Harcourt loses her divorce settlement by investing it with Bernie Madoff 212 Randy Susan Meyers s novel The Widow of Wall Street published in 2017 by Atria Books was a fictionalized account of the Madoff Ponzi scheme from the wife s point of view 213 Emily St John Mandel s novel The Glass Hotel published in 2020 by Alfred A Knopf includes a character named Jonathan Alkaitis who was based on Madoff 214 215 A Kaddish For Bernie Madoff 2021 a docudrama created by musician poet Alicia Jo Rabins and directed by Alicia J Rose tells the story of Madoff and the system that allowed him to function for decades through the eyes of Rabins who watches the financial crash from her 9th floor studio in an abandoned office building on Wall Street In January 2023 Netflix released a four part documentary series Madoff The Monster of Wall Street produced by RadicalMedia and directed by Joe Berlinger 216 See also New York City portal Biography portal Business portalAllen Stanford Financial crisis of 2007 2008 List of investors in Bernard L Madoff Investment Securities Madoff investment scandal Participants in the Madoff investment scandal Recovery of funds from the Madoff investment scandal White collar crime A Kaddish for Bernie Madoff The FilmReferences Bernard L Madoff Investment Securities LLC BMIS madoffinvestmentsecurities com February 26 2007 Retrieved April 3 2023 Voice of America pronunciation guide Voice of America Archived from the original on July 18 2011 Graybow Martha March 11 2009 US Prosecutors updated the size of Madoff s scheme from 50 billion to 64 billion Reuters Archived from the original on July 7 2009 a b Wife Says She and Madoff Tried Suicide The New York Times Reuters October 26 2011 Archived from the original 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January 9 2023 a href Template Cite web html title Template Cite web cite web a CS1 maint url status link External links Wikimedia Commons has media related to Bernard Madoff Criminal complaint transcripts of hearings and other documents from the United States Department of Justice at the Wayback Machine archived August 22 2007 Madoff com The Owner s Name was on the Door at the Wayback Machine archived December 14 2008 The Independent Madoff reveals his suffering The Face That Launched A Thousand Lawsuits Madoff s Legacy Retrieved from https en wikipedia org w index php title Bernie Madoff amp oldid 1151706480, wikipedia, wiki, book, books, library,

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