Surprise!

Ex-Nasdaq chair arrested on fraud charge in NYC
Thursday December 11, 11:19 pm ET
By Larry Neumeister, Associated Press Writer
Ex-Nasdaq chair arrested on securities fraud charge in NYC; accused of
$50B 'Ponzi scheme'

NEW YORK (AP) -- A former Nasdaq stock market chairman was arrested on
a securities fraud charge Thursday, accused of running a fraudulent
investment business that lost at least $50 billion before he confessed
to senior employees it was a "giant Ponzi scheme," authorities said.

Bernard L. Madoff, his silver hair reflecting the lights of a federal
courtroom, was released on $10 million bail secured by his signature
and that of his wife. He declined to comment as he walked out of U.S.
District Court in Manhattan.

Madoff, 70, the founder of Bernard L. Madoff Investment Securities
LLC, maintained a separate and secretive investment-advising business
that served between 11 and 25 clients and had a total of about $17.1
billion in assets under management, prosecutors said.

Late Thursday, the Securities and Exchange Commission announced a
civil securities fraud charge against Madoff and said it was seeking
emergency relief for investors, including an asset freeze and the
appointment of a receiver for the firm.

Andrew M. Calamari, associate director of enforcement in the SEC's New
York office, said the SEC was alleging "a stunning fraud that appears
to be of epic proportions."

A criminal complaint signed by FBI Agent Theodore Cacioppi said Madoff
told at least three senior employees at his Manhattan apartment
Wednesday that the investment adviser business was a fraud and had
been insolvent for years, losing at least $50 billion.

Madoff told the employees he was "finished," that he had "absolutely
nothing," that "it's all just one big lie" and it was "basically, a
giant Ponzi scheme," according to the complaint filed in court.

The employees understood Madoff's admission to mean that "he had for
years been paying returns to certain investors out of the principal
received from other, different, investors," said the complaint, which
did not identify the investors impacted by the scheme.

Cacioppi said one of the employees told him that Madoff was "cryptic"
about the firm's investment advisory business and kept its financial
statements locked up. The FBI agent said another employee told him
that Madoff last week had said clients had asked for about $7 billion
in redemptions and he was struggling to meet those obligations but
thought he could do so.

Cacioppi said two senior Madoff employees told him that Madoff said
during the Wednesday meeting that he planned to surrender to
authorities in a week but first wanted to distribute $200 million to
$300 million he had left to certain selected employees, family and
friends.

Cacioppi said he and another FBI agent arrived Thursday at Madoff's
apartment, where Madoff invited them in and acknowledged knowing why
they were there.

"After I stated, `We're here to find out if there's an innocent
explanation,' Madoff stated, `There is no innocent explanation,'" the
agent wrote.

"Madoff stated, in substance, that he had personally traded and lost
money for institutional clients, and that it was all his fault,"
Cacioppi said.

The agent wrote that Madoff said he had "paid investors with money
that wasn't there" and that he was broke and insolvent and had decided
that "it could not go on" and that he expected to go to jail.

Defense lawyer Dan Horwitz called Madoff "a person of integrity" and
said he intends to fight the charge.

If convicted, Madoff could face up to 20 years in prison and a maximum
fine of $5 million.

Bernard L. Madoff Investment Securities LLC ranks among the top 1
percent of U.S. securities firms, according to the company's Web site.

In 2001, Barron's reported that Madoff's firm was one of the three top
market makers in Nasdaq stocks and the third-largest firm matching
buyers and sellers of securities on the New York Stock Exchange.

Shortly after leaving law school, Madoff founded his firm in 1960. It
was one of five broker-dealers most closely involved in developing the
Nasdaq Stock Market, where he served as a member of the board of
governors in the 1980s and as chairman of the board of directors.

Prosecutors noted in a release that the company Web site boasts:
"Clients know that Bernard Madoff has a personal interest in
maintaining an unblemished record of value, fair-dealing and high
ethical standards that has always been the firm's hallmark."
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