No One Would Listen: A True Financial Thriller

BOOK: No One Would Listen: A True Financial Thriller
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Table of Contents
 
Copyright © 2010 by Fox Hounds, LLC. All rights reserved.
 
Published by John Wiley & Sons, Inc., Hoboken, New Jersey.
Published simultaneously in Canada.
 
No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, (978) 750-8400, fax (978) 646-8600, or on the web at
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Limit of Liability/Disclaimer of Warranty: While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose.
No warranty may be created or extended by sales representatives or written sales materials. The advice and strategies contained herein may not be suitable for your situation. You should consult with a professional where appropriate. Neither the publisher nor author shall be liable for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages.
 
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Library of Congress Cataloging-in-Publication Data:
Markopolos, Harry.
No one would listen : a true financial thriller / Harry Markopolos.
p. cm.
Includes index.
eISBN : 978-0-470-62575-0
1. Madoff, Bernard L. 2. Ponzi schemes—United States. 3. Investment advisors—Corrupt practices—United States. 4. Hedge funds—United States. 5. Securities fraud—United States—Prevention. 6. United States. Securities and Exchange Commission—Rules and practice. I. Title.
HV6697.M37 2010
364.16’3092—dc22
2009049433
 
To all the victims—you above all others deserve to know the truth.
 
Foreword
 
Harry Markopolos is a hero.
 
But not for anything he meant to do. He did not stop Bernie Madoff from creating the largest Ponzi scheme of all time; nor did he save Madoff’s investors any money.
 
What he did do was create a clearly documented record of his warnings so that
when
Madoff’s scheme eventually toppled under its own weight, the Securities and Exchange Commission (SEC), which
was
charged with stopping fraud and protecting investors, could not assume an ostrich defense.
 
Ponzi schemes exist in stable disequilibrium. This means that while they can’t ultimately succeed, they can persist indefinitely—until they don’t. Just the fact that something has gone on for a very long time doesn’t mean it’s legitimate. Madoff’s story shows that investors are attracted to too-good-to-be-true situations despite the red flags. How statistically different was Bernie Madoff’s track record from General Electric’s 100-quarter record of continual earnings growth or Cisco’s 13-quarter record of beating analysts’ quarterly estimates by exactly one penny per share between 1998 and 2001? Madoff’s record was clearly implausible and, therefore, raised the question of what was wrong. The question is: Do we draw the line at Ponzi schemes or do we do something about less clear-cut manipulations as well?
 
One time I pointed out to a Wall Street analyst that a certain company was cooking the books. The analyst responded that it made him more confident in his bullish recommendation because such a company would never disappoint Wall Street.
 
For years, I observed and experienced the SEC protecting large perpetrators of abuse at the expense of the investors whom the SEC is supposed to protect. The SEC has been very tough, and usually appropriately so, on small-time cons, promoters, insider traders, and, yes, hedge funds. But when it comes to large corporations and institutionalized Wall Street, the SEC uses kid gloves, imposes meaningless nondeterring fines, and emphasizes relatively unimportant things like record keeping rather than the substance of important things—like investors being swindled.
 
Bernie Madoff epitomized the problem. When he was legit, Madoff was a large broker-dealer and the former chairman of NASDAQ. He was not famous as a money manager, let alone as a hedge fund manager, because he wasn’t one. After his scheme collapsed and he became known as a crook, he was rechristened as a hedge fund operator—even though, to this day, his was the only so-called hedge fund I’ve heard of that didn’t charge a management fee or an incentive fee. I doubt he would have fooled the SEC had he been known as a hedge fund manager, as the SEC would’ve been predisposed to catch him if they had known him with that title.
 
Warren Buffett said, “You only find out who is swimming naked when the tide goes out.” The financial crisis of 2008 revealed many, including Madoff, to be inappropriately attired. Effective regulation must mean that the skinny-dippers are stopped while the tide is still in.
 
As you will see, the SEC has taken some steps toward reform, and Harry Markopolos is optimistic that the agency will do better. I’d hold off judgment until the SEC brings cases that matter against large corporations that haven’t gone bankrupt (taking action before the money is lost) and against institutionalized Wall Street.
 
The silver lining in the Madoff collapse, if there could be such a thing, is that for at least one moment in time, the SEC has been exposed. And for his role in making that happen, Harry Markopolos deserves all of our thanks.
 
DAVID EINHORN
December 2009
 
Who’s Who
 
Investigation Team and Advisers
 
Frank Casey
 
Neil Chelo CFA, CAIA, FRM
 
Gaytri Kachroo, personal attorney
 
Harry Markopolos CFA, CFE
 
Phil Michael,
qui tam
(whistleblower) attorney
 
Michael Ocrant
 
Madoff and Advisers
 
Nicole DeBello, Madoff’s attorney
 
Bernard Madoff, founder, Madoff Investment Securities LLC Ira Lee Sorkin, Madoff’s attorney
 
Wall Street Feeder Funds
 
Access International Advisors and Marketers
 
Francois de Flaghac, marketing
 
Patrick Littaye, Founder
 
Prince Michel of Yugoslavia, marketing
 
Tim Ng, junior partner (and husband of Debbi Hootman)
 
Rene-Thierry Magon de la Villehuchet, Chief Executive Officer
 
 
Fairfield Greenwich Group
 
Douglas Reid, Managing Director
 
Amit Vijayvergiya, Chief Risk Officer
 
Financial Wizards and Wall Street Brains
 
Dan DiBartolomeo, Founder, Northfield Information Services
 
Jeff Fritz, Oxford Trading Associates
 
Leon Gross, Head of Equity Derivatives Research, CitiGroup
 
Andre Mehta, CFA, super-quant and Managing Director of Alternative Investments at Cambridge Associates
 
Chuck Werner, math wizard from MIT
 
 
Markopolos’s Friends and Colleagues
 
Harry Bates, sergeant, Whitman, Massachusetts, Police Department
 
Pat Burns, Director of Communications, Taxpayers Against Fraud (whistleblower organization)
 
Boyd Cook, major general in the National Guard, Maryland dairy farmer
BOOK: No One Would Listen: A True Financial Thriller
13.75Mb size Format: txt, pdf, ePub
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