Bernard Madoff and the Largest Fraud in Financial History (Volume Six, Episode Four) Part One

The shocking story behind the biggest swindle in the history of Wall Street.

Madoff leaving Federal District Court during his prosecution.

Agent Cacioppi was so taken aback by Madoff’s candor and unusual cooperation he called his office to determine what he should do next.  Typically, a subject with Bernie’s sophistication and community stature would refuse to answer questions and stall, at least requesting time to speak with or even have an attorney present before answering any questions.  Madoff’s admissions to the agents were an unexpected response.  The agent was told to arrest Madoff and bring him to FBI offices at 26 Federal Plaza. 

Ruth Madoff

Upon graduation from college, Madoff briefly attended Brooklyn Law School but unlike his brother Peter, who graduated from Fordham Law School, he dropped out after a year.  He did pass the requisite exams to not only sell financial securities but to also operate his own securities brokerage firm, which he formed in 1960, calling it Bernard L. Madoff Investment Securities.  By then, Madoff was already married to Ruth Alpern, the daughter of a successful accountant, Saul Alpern.  Another occasional fable that Madoff spun was that his working capital came from his summer jobs installing sprinklers and as a lifeguard.  He frequently left out the fact that his father in law not only lent him fifty thousand dollars, he also gave him a desk in his firm’s office and referrals of all of Saul’s client base.

Bernie Madoff’s brother, Peter Madoff

By the early seventies, several personal events greatly affected Madoff, the sudden and relatively early death of both of his parents and the inclusion of his brother Peter into his growing business entity.  Between July 1972 and December 1974, Ralph and Sylvia would both die suddenly before their sixty-fifth birthdays an event that probably prompted the elder Bernie to take his younger brother under his business wing.  Peter was a critical employee who became more operations and technology oriented, helping to keep the firm’s broker dealership on the cutting edge of upgraded technology in a securities market environment that was undergoing a technological revolution.  And Peter would also assume the role of chief operations officer, a critical responsibility in any brokerage firm but even more so within Bernard L. Madoff investment securities.

Andrew Madoff
Mark Madoff

His sons, Mark and Andrew, newly minted graduates of the University of Michigan and Wharton respectively were both now working for the firm, albeit on the broker dealer side of the business.  

Official mug shot on day of arrest

Avellino claimed that all of the money was there and was in the hands of his money manager, Bernard Madoff.  As soon as he had heard of the SEC inquiry, Madoff tried to get ahead of what he knew was coming.  Not only an SEC demand for the return of the assets but a possible scrutiny of his trading history to determine whether or not he in fact was running a legitimate money management firm, with ongoing investment in the markets.  To do this he tasked one of his employees, Frank DiPascali, the individual who already was involved in producing investor statements that were most likely either distorted if not out right falsified, to reconstruct trades for all of the Avellino and Bienes accounts that would demonstrate the profits necessary to generate the claimed returns.  These fictitious trades also had to stand up to SEC scrutiny.  Amazingly, Madoff’s conversations concerning his trading strategies and DiPascali’s creation satisfied the SEC, however they did get a court order to force Madoff to return what were illicitly collected funds. 

Bernard Madoff and the Largest Fraud in Financial History (Volume Six, Episode Four) Part Two

The shocking story behind the biggest swindle in the history of Wall Street.

Harry Markopolos, testifying before Congress

But, if many of Madoff’s clients were happy to not question  his returns and process, the cynical, highly competitive and data driven world of Wall Street always invited scrutiny of its biggest stars, even if this was the result of envy or alienation.  In Harry Markopolos, one found an individual motivated by both market place rejection and a competitively brilliant grasp of financial marketplace analytics.  In 1999, Markopolos was employed as a portfolio manager by Rampart Investment Management, a small Boston, Massachusetts options trading shop that managed a modest amount of money.  Markopolos was quite familiar with Bernie Madoff, his firm having marketed a split-strike conversion product that he helped develop.  Unfortunately, the product did not generate particularly good returns and was eventually scrapped, Markopolos additionally both intrigued and frustrated by repeated stories of the phenomenal performance generated by Bernie Madoff.  If you’re so smart, why the hell can’t you do what Bernie does? His hard boiled, Boston sales compatriots constantly needled him.  To a quant like Harry Markopolos this was the ultimate put down and challenge, but there wasn’t much he could substantively do about it.

Rene-Thierry Magon de la Villehuchet

That changed when a senior co-worker named Frank Casey, returned from a New York sales call he had taken with Rene-Thierry Magon de la Villehuchet at Access International Advisers.  Villehuchet not only managed money for some of Europe’s most high profile aristocrats he was literally a member of the French nobility himself.  In his sixties, he was a client of Bernie Madoff’s since 1985, and rebuffed Casey’s sales pitch with glowing accounts of Madoff’s consistent high returns and reporting process that purported to send daily updates of all transactions performed on behalf of Access’s accounts.  Casey then played the only sales card he had left, asking why Rene-Thierry allowed Madoff to hold the securities he purchased on Access’s behalf himself, as opposed to a third party custodian which was required for registered investment managers.  Villehuchet’s answer was simple.  Bernie Madoff wasn’t a registered money manager, so he was not required to do so and the Frenchman was dismissive of any of Casey’s concern, saying he trusted Madoff implicitly.  The meeting quickly terminated with at least Villehuchet providing a copy of his returns and portfolio performance.  Casey subsequently got seven years of such performance from Broyhill Securities’ All Weather Fund, another Madoff feeder fund and tossed this information on Markopolos’ desk.

Madoff conspirator Frank DiPascali

This article was quickly followed up by another piece in the much more formidable business publication, Barrons, written by Erin Arvedlund.  Again, although not accusatory, it was certainly skeptical of Madoff with similarly specific questions.  Madoff’s response to these articles was to have Frank DiPascali construct a fake in-house computer terminal that supposedly was a trading platform connected to other trading counter parties, in fact it was connected to another employee’s in house terminal, hidden in another part of the office, all of these simulated trades completely bogus.  Another DiPascali creation was a supposed live screen of an account at the Depository Trust and Clearing Corporation, known as the DTC, where securities owned by Madoff purchased during alleged trades were being held in his account.  The fake reproduced the DTC’s logo, fonts, formats even the type of paper used for actual DTC reports.

Mark Madoff’s Nantucket home

On December 11, 2010, on the second anniversary of his father’s arrest, Mark Madoff committed suicide by hanging himself from his apartment ceiling with a dog leash.  At the time of his death he was the subject of nine federal lawsuits, including suits brought by trustee Picard.  His wife had already changed her and their childrens’ last name to Morgan.  Unlike Andrew he seemed deeply sensitive to allegations that he knew about the fraud.  His body was discovered by his stepfather in law when he rushed to the apartment after Mark’s wife received some alarming e-mails, Madoff’s 22 month old son and pet dog left alone in the apartment.  This suicide, did not stop the relentless Picard, who then filed suits against Mark’s ex-wife and current spouse to recover funds deemed ill gotten gains. 

Bernie Madoff in prison, 2017

Upon sentencing Bernie Madoff was sent to the Federal Correctional Institution at Butner, North Carolina.  He occasionally granted interviews that were mostly self-serving with Madoff blaming his behavior on the culture of Wall Street or getting in over his head on something he never meant to pursue on a long term basis.  He expressed exasperation with his clients who he labeled as greedy, especially the big four, three of whom were now dead.  Although he continued to correspond with his wife, his two sons allegedly never spoke to him again, after he confessed his role in the fraud, one of few developments in his life that actually seemed to disturb him.  Although initially accounts of him being assaulted in prison circulated in the media, he eventually referred to Butner as a relatively pleasant place akin to a college campus, his main objection to prison the sheer boredom it entailed. 

Bernard Madoff and the Largest Fraud in Financial History (Volume Six, Episode Four) Book and Music Information

The books used to produce this podcast included:

“The Wizard of Lies: Bernie Madoff and the Death of Trust,” by Diana Henriquez

“Betrayal: The Life and Lies of Bernie Madoff,” by Andrew Kirtzman

“Madoff With the Money,” by Jerry Oppenheimer

The music that appeared on this podcast included:

Intro, Part One and Outro, Part Two was:

“The Loner,” by DJ Williams and

Outro, Part One and Intro, Part Two was:

Cover Charge by Track Tribe