“Chasing Madoff”, a documentary released in 2010 portrays the way the whistleblower, Harry Markopolos, uncovered Bernie Madoff’s fraud scheme and his ten-year struggle to get the SEC to investigate. The documentary begins with an introduction to Harry Markopolos and his former coworkers Frank Casey and Neil Chelo. The three men work in finance, with investment portfolios. They were aware that in the finance industry there was much talk about an investment company making their customers high returns. Casey came across some investment information from a client of Madoff and gives the information to Markopolos to look over. Markopolos claims it took him five minutes to determine Madoff’s investment enterprise was a Ponzi scheme. After obtaining …show more content…
The SEC was proactive in the sense that it allows for tips to be sent in, but they did not take fully investigate the tips sent in. One could argue that there was no point in the whistleblowing system if one is not going to investigate the tips sent in. Another thing to note is the psychological effects of being a whistleblower on Harry Markopolos. In order for a whistleblowing system to be effective, the system should contain anonymity, the possibility of reporting to an independent party, provide any means to make the report, and a follow-up. The SEC failed in the follow-up. The anonymity, in Markopolos view, was also failing. He believed that his tips were ignored because someone within the SEC was associated with the fraud, so they were able to sweep the tip under the rug. This also led to Markopolos feeling paranoid that there might be an attempt on his life. An individual will not want to report any fraud or other misconduct if they believe there will be any type of repercussions.
With the extensive media attention, the Madoff fraud received, there was also much attention on the faults of the SEC. Since 2008 the SEC has continued to make reforms and improvements in order to deter another instance like the Madoff fraud. Some of the initiatives that the SEC has taken, are to refurbish how tips are treated, promoting whistleblowing systems, refining fraud detection techniques, and reviving enforcement
Madoff had Complicit knowledge of the fraud that he was obtaining on doing on his client base that they were oblivious to his actual fraudulent Securities, that there actually was no project nor any Securities that they were trading on the behalf of these clients that in an sense it was almost like a pyramid scheme that he would obtain funds from the individual to pay off those investors with the 20% that he guaranteed to give them and then obtained the other 20% from new clients. Explain to them the operation and from the market of how mr. Madoff had actually set out to defraud the clients as well as the Trade Commission U.S. Securities from Bernie L Madoff in the defendants forward from the chairman and head Of the board directors for the NASDAQ stock market interest in in the marketing and maintaining it on Operating the records of fair deals and higher ethics standards that he had been tricking them with Giving them fraudulent information on the firm's activities. The supervisor also advised FBI that on January 7th, 2008 That Mr. Madoff Misrepresented His Holdings and its client base to the SEC Stating that he had between 11 and 25 clients and total approximately 17.1 billion dollars and assets under his management However, he had less clients and he only had approximately 7
It would seem the government did not fail to prosecute the executives responsible for the mortgage fiasco. “The Justice Department has an ethical obligation not to bring cases unless they have a better than 50% chance to convict. They argued the merits of each case and always came up short of the evidence necessary for a successful conviction. Greed is not a crime.” (Henning, 2015) The Assistant attorney general Lanny Breuer was not confident in his ability to prove criminal intent and therefore has not filed charges.
Two days later, the Phar-Mor board confronted him with two books that had been found. The board had found that one of the books had largely inflated profits. This revealed that with the board, banks, and investors deceived, Monus was able to pull in more pay and sell stock at inflated prices to keep everything afloat. “To cover up the continuing losses, Pat Finn was now faxing falsified financial reports to the board of directors and to David Shapira every week. But in November of 1990, a secretary mistakenly faxed a report with the real numbers to Shapira.
Ms. Tolstedt decided to retire in July, 2016 when the investigation was moving toward finality. Wells Fargo allowed Ms. Tolstedt to retire and take with her around $125 million in stock options while around 5300 of her former employees are getting fired for their part of the fraudulent activities. The author feels Wells Fargo did an injustice to society and Ms. Tolstedt’s former employees by allowing her to retire and take all of her stock options with her, since she should have been
Not only can the corporation be held accountable, but also its individuals (executives, officers, and advisers). Willful wrongdoers can face jail time of up to 20 years, which helps deter some offenders from committing fraud. In addition public corporations were forced to strengthen their compliance program. The restructuring of internal policy and controls has increased investor protection; restoring some faith in the financial sector. Officers, executives and directors are required to sign off on SEC filings and accounting documents, certifying the accuracy of financial statements.
Take Enron for example, in the later 1990s its stated worth was estimated to been around $70 billion dollars, but after internal review it was found that much of its debt was allocated to falsely created businesses leaving its stated assets to be significantly lower than its actual debt. The scandal was such an issue for all its investors and the government predominantly because its net value decreased radically and by December 2, 2001 the company declared bankruptcy. One of the main issues of this scandal that investigators found was that the company hired auditor, Arthur Andersen, was conspiring with the CEO and CFO to falsify the financial documentation. Had the SOX Act been implemented prior, these falsifications would have been addressed long before the company declared bankruptcy. Of the eleven sections in the SOX Act, Title III Section 802, address what constitutes as fraud and would have held the Enron and Arthur Anderson accountable for submitting proper documents.
He had been asked to join because the prestige of his name might attract potential clients. So Grant showed up at his office on Wall Street several times per week, smoking cigars and meeting prominent businessmen. He had long cultivated a serious smoking habit: author Charles B. Flood, in his work Grant’s Final Victory, claims that the ex-president consumed twenty-five Cuban cigars per day. What the Grants did not know was that Ferdinand Ward was running a Ponzi scheme right under their noses. Ward provided his business partners with fraudulent information and “cooked” books so that the nature of his activities might remain undetected.
During the late 90’s and early 2000’s, several key companies in the United States were exposed for fraudulent reporting profits
In the civil securities fraud context, the Supreme Court has held that intent indicates that the plaintiff act willfully with a realization that she was acting wrongfully, Ernst & Ernst v. Hochfelder, 425 U.S> 185, 193, 47 L.Ed. 2d 668, 96 S. Ct. 1375 (1976). Or in the criminal securities indictment did the plaintiff have a mental state embracing intent to deceive, manipulate, or defraud, United States v. Dixon, 536 F.2d 1388, 1395 (2d Cir. 1976). The issue is not which definition of intent to apply, but whether, taking into account the heightened standard of proof in criminal cases, is there sufficient evidence of Stewart’s intent to deceive investors.
Before the Sarbane-Oxley Act of 2002 came into effect in the American economy, most investors and shareholders were left in the dark – most often at the mercy of big corporations whose accounting practices were largely unregulated. The act was a response to the infamous scandal of Enron, WorldCom, Tyco, and Adelphia – all of whom had unethical business practices that caused their shareholders to lose the astronomical amount of investment when their scandals made headlines. The Sarbane-Oxley Act (SOX) requires a business to implement a code of ethics for its employees, especially senior financial officers; it also requires a business rotate its financial auditors on a regular basis. (Orin, 2008) The implementation of a code of ethics aims to
He appears to have put profits ahead of mine safety and health in violation of Federal mine standards. Mr. Blankenship could go to prison for 31 years. (See NBC News) CEO Stewart Parnell of Peanut Corporation of America was sentenced to 28 years in prison in connection with a 2008 salmonella outbreak that killed nine people and sickened 714 others across the U.S. Bernard Madoff is serving 150 years jail time for engaging in a multi-billion dollar Ponzi scheme that claimed many celebrity victims. Even former Fed chairman Ben Bernanke had some reservations about prosecutions for the 2008 Great Recession. Individuals were responsible for that debacle not abstract firms.
Some of those major players included Irving Picard, who was asked to serve as a court appointed trustee to liquidate Madoff’s investments to his victims by the Securities Investor Protection Corporation (SIPC). Though his role was controversial because he filed suit against Madoff and his business investors in order to recover net funds and profits not including principals to repay the victims, Picard played a pivotal role in helping victims recover (somewhat) financially from their losses. Thus far, he managed to recover in excess of ten billion dollars for distribution to Madoff’s victims. Attorney Helen Davis Chaitman a lawyer in New Jersey and Victims’ Advocate for the Madoff victims was not a fan of Picard. The chairman went so far as accusing Picard of not taking the plight of victims seriously after he suggested he would need time to determine how a judge’s decision to dismiss part of his lawsuit would affect the distribution of payments to Madoff’s victims.
Jordan not only influenced Wall Street but also opened the eyes of the whole world to penny stocks and highway robbery throughout the world. Jordan Belfort gave the concept of stock brokering frauds a completely new meaning to Wall Street. He had several different styles of stealing his innocent investors’ money some of them legal and some of them not so legal. One of Belfort’s main
Executive Summary Lehman Brothers were an investment bank involved in transactions worth billions of dollars and one of the most powerful investment banks in the world. Lehman Brothers collapsed in 2008 following bad investment in the sub-prime mortgage market and used bad accounting practices called Repo 105 transactions to try and cover up the bad assets. This report sets out the use of the fraud triangle when describing the actions which led to the collapse. The pressure applied on the bank, the opportunity due to the lack of regulation to carry out the actions and the ability of the bank to rationalise their decision making.