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Madoff Victims Call Out FINRA

Is Uncle Sam, in the form of the SEC, attempting to issue a mea culpa, mea culpa, mea maxima culpa in the bungling of the Madoff investigation and trying to conveniently turn the page?

The American public learned very little with the release of the SEC Inspector General David Kotz’s review of the SEC’s failure to expose the Bernard Madoff Ponzi scheme. In fact, having just finished reading the Executive Summary of his investigation, I would maintain it is largely an extended regurgitation of much of what Harry Markopolos provided in his Congressional testimony last February.

What was Harry’s conclusion of his exhaustive pursuit to expose the Madoff scam? The SEC is incompetent.

What was the Inspector General’s conclusion from his investigation? In so many words, Kotz lays out the same results. The SEC was incompetent on so many fronts from the early 1990s until Madoff was exposed last December.

For those who would like to read Kotz’s 22-page summary of his investigation, just click on the image below.

Is this all the public gets? Is this all the public can expect from our regulators? Nothing more than a mea maxima culpa? How about a real pursuit of the total truth? This Madoff affair has many more legs. Let’s navigate.

Ronnie Sue Ambrosino, head of the Madoff Victims Coalition for Investor Protection (my guest on NQR’s Sense on Cents with Larry Doyle on August 16th), and her husband Dominic comment on the Inspector General’s report and simultaneously call out FINRA last evening during an interview on Fox Business News.

Ronnie Sue and Dominic effectively connect the dots while highlighting the following:

1. Current head of the SEC Mary Schapiro formerly headed FINRA

2. Harry Markopolos defined FINRA as being “in bed” with the industry when he provided Congressional testimony this past February detailing his decade-long pursuit to expose the Madoff Ponzi scam.

3. FINRA had an internal investment portfolio (Sense on Cents would add that the portfolio was invested in hedge funds, fund of funds, and also had hundreds of millions in Auction-Rate Securities).

4. Amerivet Securities has recently filed a complaint against FINRA. The complaint indicates it has information and reason to believe that FINRA’s investment portfolio invested in Madoff.

Sense on Cents would add that the Amerivet complaint looks to have FINRA provide a full and thorough review of the following:

>> interactions with the major Wall Street banks

>> its compensation practices

>> its liquidation of its auction-rate securities position in 2007

>> all investment activities

Sense on Cents would further add that the Madoff family had extensive relationships with the NASD, Nasdaq (Bernie helped establish this exchange) and FINRA.

Let’s listen to Ronnie Sue and Dominic Ambrosino:

Is the Madoff investigation over? Any rational individual can understand there are many more regulatory questions needing answers. Where do those questions lead us? Inside FINRA and specifically to its investment portfolio. Why shouldn’t a Wall Street self-regulatory organization mandated to protect investors be obligated, and if need be compelled, to provide total transparency of all its business dealings?

I can only hope major media outlets and Washington pick up this story and understand the need to fully investigate FINRA.

I ask you again . . . is the Madoff investigation over? Not by a long shot!

What do you think?

LD

Related Sense on Cents Commentary:
“Amerivet Complaint Against FINRA Alleges Madoff Investment” (August 25, 2009)
NoQuarter Radio’s Sense on Cents with Larry Doyle Interviews Head of Bernard Madoff Victims Coalition (August 16, 2009)
“FINRA Is Supposed to Police the Market” (April 29, 2009)
“Riveting Testimony from a Great American, Harry Markopolos” (February 4, 2009)

  • Fred

    Federal agencies are incompetent when an administration finds it politically expedient for that agency to be incompetent. Agencies are starved of funds, personnel and leadership because an administration does not want the work done. Chris Cox was a old hack who believed government does not work. It works when a competent Democrat runs things unlike Republicans who have to make government “not” work because that is their philosophy. Examples abound and include James Lee Witt being replaced by Brownie at FEMA just in time for Katrina and Rita, the Justice Dept appointed by Bush to pursue political prosecutions to alter elections, and every manner of financial misconduct which is never investigated much less prosecuted. Clinton downsized every agency and starved them of personnel.

    If an agency does not function examine why and if it performed in the past. Usually purposely underfunding and leadership by political appointee hacks will stop any kind of adequate performance. Blame those who underfund and appoint the mis-managers who are frequently cronies who are looking for a political payoff. The Bush and Clinton WH’s and a lazy Congress are responsible for the incompetence of the carefully assembled non-performers who sat around and looked the other way. Cox is a liar.

  • Doc99

    It appears AG Holder has focused on the wrong Agency.

  • http://www.sonicninjakitty.wordpress.com Sonic Ninja Kitty

    I do feel badly for the people who have lost their hard earned money, truly it is a crime and NONE of them deserved this, but I have very mixed feelings about the pursuit of this case.

    The SEC of course should have been doing its job, but how many companies/funds are out there where people lost truckloads of their investments because the SEC was not doing its job? In the end it is always buyer beware.

    And these Madoff customers were not suspicious with those unreal returns all those years? There are many more swindles that happen in this industry that started out much less suspiciously and were not adjudicated to the satisfaction of investors.

    Is this group trying to get some remittance for damages or are they just trying to improve the system? I hope it’s not the former. The Madoff investors were NOT going to share their gains, so I hope they don’t ask anyone not involved to share their losses. Otherwise investors in similar situations should be treated the same regardless of size or publicity of the cases, and this would be impossible.

  • Tricia Spiegel

    I sure as hell want to know more.
    And what are they going to do about it?
    The whistle-blower was so brave, and I bet truly frustrated. Harry M is a hero in my book–but one who was not respected early enough.

    Sometimes I feel like I live in a zoo country of incompetent wild animals.

  • Arabella Trefoil

    Larry, you and I have spoken of my experience working for an Investment Manager in New England. The company has been in business since the 1930′s (registered with the SEC since inception.) They have offer a simple US equities product with a 35 year long track record. The Principals of the firm are the most fair, honest, careful, law abiding people I have ever worked with.

    My experiences working with the SEC did not impress me. The first visit was called a “routine visit.” They couldn’t find anything wrong, but they went after all kinds of small stuff. They stayed for two weeks, and accomplished nothing beyond using up a lot of toner in the copy machine.

    The second visit took place when our part of Connecticut was reassigned from the Boston regional office to the New York regional office. The New York crew spent some time in our lovely new office building overlooking Long Island Sound. It was an easy gig for them, because all our stuff was 100% in order, we had relatively low AUM and one simple product. But it was summer, and the streets of Greenwich Ct offered lots of recreational opportunities. Three weeks of investigation – nothing found out of the ordinary.

    The SEC is a beaurocratic nightmare that reaches for low hanging fruit, and stays away from controversy and complications. They were more concerned with internal politics at their agency than anything else. I trust them with nothing.

    I lost my job last year after the events of September. Now I’m taking prereq’s to go to nursing school.

    Somebody needs to shake the SEC up. They don’t want to do the hard stuff, only the safe stuff.

  • Peggy Sue

    I find it amazing that John McCain called for the resignation of Christopher Cox last year and was roundly condemned for his remarks. Remember?

    I have the awful feeling, Larry, that the corruption and fraud has seeped through a wide swath of our financial markets and government regulators. Can we depend on legal investigation and judicial branch?

    I hope so. Because it appears that that is the last line of defense.

    As for the fourth estate to cover this? I do not trust the media any farther than I could throw them. And I’m 5’3 and weigh about 120 pounds.

    Not alot of confidence!

  • tzada
  • graywolf

    So what?
    Madoff ripped off a bunch of people who:
    a) Are not very bright, but are very greedy.
    b) Won the DNA race (many of them) and inherited the money that they were too stupid to preserve (ie. the Wilpons).

    Government agency incompetent:
    I’m shocked….. shocked
    “Competent government agency” could be the BIGGEST oxymoron.

    • Larry Doyle

      Graywolf….you obviously have NO appreciation nor understanding of the point nor the impact of looking into this situation.

      That said, I am NEVER surprised by the level of ignorance of many within the American public. To wit, I am not going to bother to further simplify it for you.

    • jbjd

      Some people would not have invested their money if the government hadn’t given BM their imprimatur of legitimacy by conducting (incompetent) investigations and then awarding him a clean bill of health.

  • jbjd

    This report is incredible. Way back in 1992, based on complaints it received, the SEC investigated an associate of BM and found he was operating a Ponzi scheme. They ordered BM to repay the defrauded customers, in whole, which he did. Then, without having looked into BM’s role in the fraud; or where he got the money to repay those particular investors, they called their investigation, quits. Like forcing the prostitute to pay a fine for her release…