Was Madoff acting alone? Really? Think about it.

editec

Mr. Forgot-it-All
Jun 5, 2008
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For over a decade, Madoff ran his Ponzi scheme out of a bank account at JPMorgan. Instead of making trades with the money he received from investors, Madoff simply deposited the funds in an account at the bank, from which he paid dividends.

The bank account in which Madoff held investors’ funds nearly hit zero several times in 2008, a fact that JPMorgan could not have failed to notice, considering that the account had previously held billions.

In December of 2010, Irving H. Picard, the trustee for the investors who were defrauded by Madoff, filed a lawsuit against JPMorgan Chase, alleging that the bank knew that Madoff’s transactions were fraudulent but continued doing business with him.

he trustee’s lawsuit alleges that JPMorgan made $1 billion in fees and profits from its role as Madoff’s main banker. The trustee is seeking to recover $5.4 billion in damages.
When the trustee’s suit was filed, attorney David J. Sheehan noted that JPMorgan “was BLMIS’ [Bernard L. Madoff Investment Securities’] primary banker for more than 20 years and was responsible for knowing the business of its customers—in this case, a very large customer.”
He added, “Madoff would not have been able to commit this massive Ponzi scheme without this bank. [JPMorgan] should pay the price for its central role in enabling Madoff’s fraud.”

source


The suggestion that Madoff was so brilliant that he could swindle his clients is credible.

The suggestion that Madoff could have used his funds like a personal checking account, never buying stocks, simply putting money in and taking it out occassionally and that his BANKERS would NOT have noticed that?

THAT is NOT credible, folks.
 
For over a decade, Madoff ran his Ponzi scheme out of a bank account at JPMorgan. Instead of making trades with the money he received from investors, Madoff simply deposited the funds in an account at the bank, from which he paid dividends.

The bank account in which Madoff held investors’ funds nearly hit zero several times in 2008, a fact that JPMorgan could not have failed to notice, considering that the account had previously held billions.

In December of 2010, Irving H. Picard, the trustee for the investors who were defrauded by Madoff, filed a lawsuit against JPMorgan Chase, alleging that the bank knew that Madoff’s transactions were fraudulent but continued doing business with him.

he trustee’s lawsuit alleges that JPMorgan made $1 billion in fees and profits from its role as Madoff’s main banker. The trustee is seeking to recover $5.4 billion in damages.
When the trustee’s suit was filed, attorney David J. Sheehan noted that JPMorgan “was BLMIS’ [Bernard L. Madoff Investment Securities’] primary banker for more than 20 years and was responsible for knowing the business of its customers—in this case, a very large customer.”
He added, “Madoff would not have been able to commit this massive Ponzi scheme without this bank. [JPMorgan] should pay the price for its central role in enabling Madoff’s fraud.”
source

The suggestion that Madoff was so brilliant that he could swindle his clients is credible.

The suggestion that Madoff could have used his funds like a personal checking account, never buying stocks, simply putting money in and taking it out occassionally and that his BANKERS would NOT have noticed that?

THAT is NOT credible, folks.

The thing is that no person and no investment house or bank actually understands the details on the full range of investment possibilities. Knowing transactional details is not the same thing as UNDERSTANDING the moral or legal implications of the overarching structure.

Be clear that it was then and remains my opinion that the greatest missed opportunity since Truman fired MacArthur was Bush's decision to reward failure by paying AIG 100c on the dollar in 2008 - instead of declaring an emergency and allowing failed institutions to to declare bankruptcy, then selling the asset at fire-sale prices.

I understand the reason, CALPERS and any number of public pension funds would have gone under. So what? That would have created another opportunity to undo the damage of the Reagan years.

So the legal question is SHOULD these banks have smelled a rat? As much as I loathe corporate degeneracy, it's hard for me to set the standard that high SHORT OF RICO PROSECUTIONS OF BIGS AND RATING AGENCIES. They were all in it, which makes the RICO hurdle, and while it was criminal, it would fall more to the RICO standard than the ordinary criminal standard because no individual bank is guiltier than another one and all of them depended on the ratings people.

RICO can strip away the corporate veil to allow personal assets to be seized - including trusts for children and clawbacks of charitable donations. There is simply not the will out there for this kind of prosecution.

The United States - above a certain material level, 80% of the top 5% plus (by submissive nature, co-opted by religion and politics) the next 10%-15% who believe supporting avarice is meet and right and the path to their personal version of Heaven - is as THOROUGHLY corrupt (rail to rail, stem to stern, bridge to boiler room) as any western empire since Rome. The Raj never experienced anything like the United States today.


Theoretically, what sort of "price" might JP Morgan pay (civil/criminal) if, in fact, the bank aided and abetted Bernie's scheme to steal from other rich people?

See above. There isn't going to be a standard type of conviction because the evidence won't support it.

The only hope is RICO. The only group advocating anything like that are the most aware and hard line Tea Party types on the dumbo right - and vengeance-focused nihilists like me.
 
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Considering all the money Madoff had command of, and the fact that he was subject to exposure and arrest at any time, it is surprising to me that at some point he didn't make an effort to construct an avenue of expedient dlisappearance. He could easily have worn theatrical makeup to establish an alternate identity, then purchase and maintain a secure residence or two, along with a hidden car or two, open inconspicious bank accounts and stuff safe deposit boxes with billions of dollars in cash, gold, and gems. He could even have gotten a phony passport, secretly traveled to Argentina, bought a little villa to abscond to and live in luxury like the escaped Nazis (no extradition treaty). All it takes to do any of that is cash -- which Bernie had plenty of.

At the first hint of investigation Bernie could have donned his disguise and vanished. With the kind of money he controlled there is no limit to the elaborate escape preparations he could casually and quietly have arranged. But he did nothing. When the covers came off he was a sitting duck.

I wonder if he thinks about this while lying on his prison bed at night --because he could be lying on a beach cot at the French Riviera.
 
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Considering all the money Madoff had command of, and the fact he was subject to exposure and arrest at any time, it is surprising to me that at some point he didn't make an effort to construct an avenue of expedient dlisappearance. He could easily have worn theatrical makeup to establish an alternate identity, then purchase and maintain a secure residence or two, along with a hidden car or two, open inconspicious bank accounts and stuff safe deposit boxes with billions of dollars in cash, gold, and gems. He could even have gotten a phony passport, secretly traveled to Argentina, bought a little villa to abscond to and live in luxury like the escaped Nazis (no extradition treaty). All it takes to do any of that is cash -- which Bernie had plenty of.

At the first hint of investigation Bernie could have donned his disguise and vanished. With the kind of money he controlled there is no limit to the elaborate escape preparations he could casually and quietly have arranged. But he did nothing. When the covers came off he was a sitting duck.

I wonder if he thinks about this while lying on his prison bed at night --because he could be lying on a beach cot at the French Riviera.
Across the board, criminals are not the sharpest knives in the drawer, Mike. This one was more elusive than most.
 
Considering all the money Madoff had command of, and the fact he was subject to exposure and arrest at any time, it is surprising to me that at some point he didn't make an effort to construct an avenue of expedient dlisappearance. He could easily have worn theatrical makeup to establish an alternate identity, then purchase and maintain a secure residence or two, along with a hidden car or two, open inconspicious bank accounts and stuff safe deposit boxes with billions of dollars in cash, gold, and gems. He could even have gotten a phony passport, secretly traveled to Argentina, bought a little villa to abscond to and live in luxury like the escaped Nazis (no extradition treaty). All it takes to do any of that is cash -- which Bernie had plenty of.

At the first hint of investigation Bernie could have donned his disguise and vanished. With the kind of money he controlled there is no limit to the elaborate escape preparations he could casually and quietly have arranged. But he did nothing. When the covers came off he was a sitting duck.

I wonder if he thinks about this while lying on his prison bed at night --because he could be lying on a beach cot at the French Riviera.

Two thoughts come to mind...

Guys like Madoff feed off approval. What got him hooked was people thinking he was somebody. Living in a loft on the Left Bank wearing a beret and a beard he'd be just another face in the crowd. In sum he did think about running then dismissed the idea.

Second thing: his family. No where this side of Mars he could have hid with the family. Not sure about Brazil's extradition laws these days, but if my memory is accurate there was a time he might have decamped for Brazil and lived large and in public.

The bonus round: Madoff is a technocrat. He wouldn't last a year living in an environment not designed to protect him. The US finance sector is at this point a fully functional protection racket for insiders. To get put outside the fort one has to make a fairly stupid mistake like giving one's mistress inside information or being taped churning public pensions stocks, etc. Once a person makes it inside the fort - by which time one is a successful workahaulic - life gets easier than most people can imagine.
 
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How about Elizabeth Warren, Bernie Sanders, and Ralph Nader (for Attorney General)?

Sanders and Nader would be good.

Warren isn't what she looks like. It'll surprise me if she doesn't ease into the Lieberman slot. Reason: Warren is for sale to the right freakshow corporation. She's already made a lot of personal money from her government connections and my money says she doesn't have the backbone to resist taking more.

My third player is Brooksley Born, late of the CFTC, the woman who might have prevented or at least minimized damage from the collapse of ReagaNUTism. Some here may know that Clinton's directors, Rubin, Greenspan and Levitt, orchestrated a public humiliation of Born to prove Clinton would not support her. She resigned, but basically was fired by Clinton's complicity with Gramm in passing two of the last three canned-heater acts of ReagaNUTics. (The third was Junebug's tax cuts).
 
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Think about this, nobody ever went after former democrat senator and former N.J. governor Jon Corzine the way they went after Bernie Madoff. Corzine lost millions in a convoluted fraud scheme connected to Goldman Sachs and the liberal media didn't think it was serious enough for an investigation. Bill Clinton pardoned the most notorious corporate pirate in history (at that time) while he was on the FBI 10 most wanted in exchange for a donation, by his wife, to the Clinton library.
 

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