据国外媒体报道，纳斯达克市场的前主席伯纳德-马多夫(Bernard L. Madoff)周四被美国联邦执法机构逮捕，美国证券交易委员会(SEC)在一项民事起诉中指控马多夫“正在进行一项规模达500亿美元的庞氏骗局”。
今年70岁的马多夫是伯纳德-马多夫投资证券公司(Bernard L. Madoff Investment Securities LLC)的创办人和主要股东。这家公司主要以担任股票买卖的中间人而闻名。马多夫还领导着一项投资顾问业务，这一业务专为富人、对冲基金和其他机构投资者理财。
据悉，现年70岁的马多夫曾担任过纳斯达克证交所（Nasdaq Stock Market）的主席，目前仍是纳斯达克OMX集团（NASDAQ OMX Group, Inc.）提名委员会的一名成员，他因在1960年创立了马多夫投资证券公司而闻名华尔街。马多夫已于当地时间12月11日上午8点被美国联邦调查局逮捕，因涉嫌通过依其所述的庞氏骗局手段诈骗500亿美元资金而被美国曼哈顿联邦法院起诉。
美国证券交易委员会纽约办事处执法部门副主任安德鲁?卡莱马里(Andrew M. Calamari)说，我们起诉了一件令人震惊的诈骗案，该案涉及的规模极其之大。SEC指控说，马多夫的公司在2008年初时管理的170多亿美元资产似乎全都消失不见了。
乔治城大学(Georgetown University)金融学教授安格尔(James Angel)表示，“马多夫是现代华尔街的先锋。”昨日，马多夫还遭到美国证券交易委员会(The U.S. Securities and Exchange Commission，简称SEC)的起诉。辩护律师Dan Horwitz表示，“马多夫在金融服务行业长久以来充当着领导地位。他是一个正直的人，我们将努力处理好这件事情。”持有马多夫投资证券公司至少4亿美元股份的 Fix Asset Management公司表示，正在就其持有股权与律师进行协调。该公司创立人Charles Fix的儿子John Fix表示，“对此事件，我们非常震惊。”
休斯顿证券律师托马斯-阿亚米（Thomas Ajamie）则指出，他推测马多夫不能再继续控制庞氏骗局，因为投资者们正在加速赎回。总部位于纽约的美国对冲基金公司FGG(Fairfield Greenwich Group)目前管理着拥有73亿美元资产并投资于马多夫投资证券公司的Fairfield Sentry Ltd.，该公司发言人Andrew Ludwig也拒绝对此置评。
Bernard Madoff arrested over alleged $50 billion fraud
Fri Dec 12, 2008 12:40am EST Email | Print | Share| Reprints | Single Page | Recommend (-) [-] Text [+] An investor in the hedge fund said it generated consistent returns, which was part of the attraction. Since 2004, annual returns averaged around 8 percent and ranged from 7.3 percent to 9 percent, but last decade returns were typically in the low-double digits, the investor said.
The fund told investors it followed a "split strike conversion" strategy, which entailed owning stock and buying and selling options to limit downside risk, said the investor, who requested anonymity.
Jon Najarian, an acquaintance of Madoff who has traded options for decades, said "Many of us questioned how that strategy could generate those kinds of returns so consistently."
Najarian, co-founder of optionmonster.com, once tried to buy what was then the Cincinnati Stock Exchange when Madoff was a major seatholder on the exchange. Najarian met with Madoff, who rejected his bid.
"He always seemed to be a straight shooter. I was shocked by this news," Najarian said.
'LOCK AND KEY'
Madoff had long kept the financial statements for his hedge fund business under "lock and key," according to prosecutors, and was "cryptic" about the firm. The hedge fund business was located on a separate floor from the market-making business.
Madoff has been conducting a Ponzi scheme since at least 2005, the U.S. said. Around the first week of December, Madoff told a senior employee that hedge fund clients had requested about $7 billion of their money back, and that he was struggling to pay them.
Investors have been pulling money out of hedge funds, even those performing well, in an effort to reduce risk in their portfolios as the global economy weakens.
The fraud alleged here could further encourage investors to pull money from hedge funds.
"This is a major blow to confidence that is already shattered -- anyone on the fence will probably try to take their money out," said Doug Kass, president of hedge fund Seabreeze Partners Management. Kass noted that investors that put in requests to withdraw their money can subsequently decide to leave it in the fund if they wish.
Bernard L. Madoff Investment Securities has more than $700 million in capital, according to its website.
Madoff remains a member of Nasdaq OMX Group Inc's nominating committee, and his firm is a market maker for about 350 Nasdaq stocks, including Apple, EBay and Dell, according to the website.
The website also states that Madoff himself has "a personal interest in maintaining the unblemished record of value, fair-dealing, and high ethical standards that has always been the firm's hallmark."
The company's website may be found here: www.madoff.com/
(Additional reporting by Christian Plumb, Phil Wahba, Michelle Nichols and Jennifer Ablan in New York and Rachelle Younglai in Washington; Editing by Andre Grenon, Bernard Orr and Alex Richardson)
By David Voreacos and David Glovin
Dec. 12 (Bloomberg) -- Bernard Madoff confessed to two sons this week that his investment advisory business was “a giant Ponzi scheme” that cost clients $50 billion before two FBI agents showed up yesterday morning at his Manhattan apartment.
“We’re here to find out if there’s an innocent explanation,” Agent Theodore Cacioppi told Madoff, who founded Bernard L. Madoff Investment Securities LLC and was once chairman of the Nasdaq Stock Market.
“There is no innocent explanation,” Madoff, 70, told the agents, saying he traded and lost money for institutional clients. He said he “paid investors with money that wasn’t there” and expected to go to jail. With that, agents arrested Madoff, according to an FBI complaint that provided a timeline.
The 8:30 a.m. arrest capped the downfall of Madoff and businesses bearing his name that specialized in trading securities, making markets, and advising wealthy clients. Many questions remain unanswered in this family drama, including whether his customers lost $50 billion. The complaint and a civil lawsuit by regulators describe a man spinning out of control.
Madoff’s sons, Andrew and Mark, turned him in to U.S. authorities on the night of Dec. 10 after his confession, according to Martin Flumbenbaum, an attorney for the brothers.
“Mark and Andrew Madoff are not involved in the firm’s asset management business, and neither had any knowledge of the fraud before their father informed them of it on Wednesday,” according to a statement by Flumenbaum of Paul, Weiss, Rifkind, Wharton & Garrison in New York.
Mark Madoff, 42, ran the proprietary trading business and Andrew Madoff, 40, is a director of that unit, according to a person familiar with the matter.
Their father is free on a $10 million bond after appearing yesterday in federal court in Manhattan, wearing a white-striped shirt and dark-colored pants.
Madoff’s firm had about $17.1 billion in assets under management as of Nov. 17, according to NASD records. At least half of its clients were hedge funds, and others included banks and wealthy individuals, according to the records. The firm was the 23rd-largest market maker on Nasdaq in October, handling an average of about 50 million shares a day, exchange data show.
The biggest loser may be Walter Noel’s Fairfield Greenwich Group, whose $7.3 billion Fairfield Sentry Ltd. invested with Madoff’s firm, three people familiar with the matter said. Another was Kingate Management Ltd., whose $2.8 billion Kingate Global Fund Ltd. invested with Madoff, they said.
Prosecutors joined the Securities and Exchange Commission, which filed a civil lawsuit, in unraveling the collapse of Madoff’s investment advisory firm. More than a dozen SEC inspectors assembled yesterday at the company, housed in a lipstick-shaped building at 885 Third Ave. A U.S. judge yesterday appointed a receiver to oversee the business.
A series of events in early December preceded the firm’s demise, according to the arrest complaint and SEC lawsuit. The arrest complaint discusses Senior Employee Nos. 1 and 2, which refers to Madoff’s sons, said a person familiar with the matter.
In the first week of December, Madoff told Senior Employee No. 2 that clients had requested $7 billion in redemptions, he was struggling to find liquidity, and he thought he could do so, according to the FBI and SEC.
Senior employees “previously understood” that the investment advisory business managed between $8 billion and $15 billion in assets, according to the documents.
‘Under Great Stress’
On Dec. 9, Madoff told a Senior Employee No. 1 that he wanted to pay bonuses in December, or two months earlier than usual. The next day, Madoff got a visit at his offices from the employees. They said he appeared “under great stress” in prior weeks, according to the documents.
Madoff told the visitors that “he had recently made profits through business operations, and that now was a good time to distribute it,” according to the FBI complaint.
When the workers challenged that explanation, Madoff said he “wasn’t sure he would be able to hold it together” at the office and preferred to meet at his apartment, Senior Employee No. 2 told investigators. He ran his investment advisory business from a separate floor of his firm’s offices, keeping financial statements “under lock and key,” prosecutors said.
At his apartment, Madoff told the employees that his investment advisory business was a “fraud” and he was “finished,” according to the FBI complaint.
‘One Big Lie’
He said he had “absolutely nothing,” that “it’s all just one big lie,” and that it was “basically, a giant Ponzi scheme,” Agent Cacioppi wrote in the complaint. The senior employees understood Madoff to be saying he had paid investors for years out of principal from other investors, the agent wrote.
The business had been insolvent for years, said Madoff, who then estimated losses at more than $50 billion. Madoff said he had $200 million to $300 million left, and he planned to pay employees, family, and friends.
Madoff, who had also confessed to a third senior employee, said he planned to surrender to authorities within a week, according to the complaint.
Cacioppi and another agent beat Madoff to the punch.
After saying he had no “innocent explanation,” Madoff confessed “it was all his fault,” Cacioppi wrote.
“Madoff also said that he was ‘broke’ and ‘insolvent’ and that he had decided that ‘it could not go on,’ and that he expected to go to jail,” the agent wrote. “Madoff also stated that he had recently admitted what he had done to Senior Employee Nos. 1, 2, and 3.”
Madoff founded the firm in 1960 after leaving law school, according to the company’s Web site. His brother, Peter, joined the firm in 1970 after graduating from law school, it said.
Bernard Madoff was influential with the Nasdaq Stock Market, serving as chairman of the board of directors in 1990, 1991 and 1993, according to a Nasdaq spokeswoman.
He was chief of the Securities Industry Association’s trading committee in the 1990s and earlier this decade. He represented brokerages in talks with regulators about new stock- market rules as electronic-trading systems and networks grew.
Madoff won an assignment to manage a $450,000 stock offering for A.L.S. Steel Corp. of Corona, New York, two years later, according to an SEC news digest.
He was an early advocate for electronic trading, joining roundtable discussions with SEC regulators considering trading stocks in penny increments. His firm was among the first to make markets in New York Stock Exchange listed stocks outside of the Big Board, relying instead on Nasdaq.
Madoff resigned today as a trustee of Yeshiva University, North America’s oldest Jewish educational institution.
His firm’s Web site touts its “high ethical standards.”
“In an era of faceless organizations owned by other equally faceless organizations, Bernard L. Madoff Investment Securities LLC harks back to an earlier era in the financial world: The owner’s name is on the door. Clients know that Bernard Madoff has a personal interest in maintaining the unblemished record of value, fair-dealing, and high ethical standards that has always been the firm’s hallmark.”
The case is U.S. v. Madoff, 08-MAG-02735, U.S. District Court for the Southern District of New York (Manhattan).