April 26, 2024

Longtime Madoff Employee to Plead Guilty

NEW YORK (Reuters) – One of Bernard Madoff’s longest-serving employees is expected to plead guilty to criminal charges in the multibillion-dollar Ponzi scheme, U.S. prosecutors said, the latest among a dozen former employees to face charges.

Irwin Lipkin, a former controller of Bernard L. Madoff Investment Securities LLC, will appear in Manhattan federal court on Thursday, prosecutors said in a letter to the judge.

He will plead guilty to charges of conspiracy to commit securities fraud and falsifying documents, prosecutors told U.S. District Judge Laura Taylor Swain in the letter, which was dated Tuesday, September 11.

The letter said Lipkin, 74, created “false financial records t hat were provided to BLMIS investors,” false filings with the U.S. Securities and Exchange Commission and false statements required under a federal law that sets standards for pension plans.

Lipkin’s lawyer, David Richman, was not immediately available to comment. The charges carry a maximum possible prison term of 10 years.

Lipkin’s son, Eric Lipkin, another former Madoff employee, pleaded guilty in 2011 to criminal charges of bank fraud and charges that he reported people were Madoff employees so they could receive retirement benefits.

Irwin Lipkin joined Madoff’s firm in 1964, according to court records. Court papers showed that he continued to draw a salary from the firm even after he stopped working there in 1999.

Madoff, 74, was charged in December 2008 with a decades-long fraud that the government originally estimated at as much as $64.5 billion. He pleaded guilty in March 2009 and is serving a 150-year prison sentence.

The trustee leading the search for money to return to Madoff’s victims says Madoff defrauded customers of about $20 billion. The trustee, Irving Picard, so far has won $9.1 billion in recoveries and settlement agreements.

On June 29, Madoff’s brother Peter pleaded guilty to criminal charges. He had been chief compliance officer at his brother’s firm. He has agreed to accept a 10-year prison term.

Of the dozen people charged in the case, apart from Bernard Madoff, five have pleaded not guilty and are awaiting trial.

The case is U.S. v. O’Hara et al, U.S. District Court, Southern District of New York, No. 10-cr-00228

(Reporting By Grant McCool; Editing by Martha Graybow and Dan Grebler)

Article source: http://www.nytimes.com/reuters/2012/09/12/business/12reuters-madoff-controller-plea.html?partner=rss&emc=rss

Economix: Answering Questions About Madoff

Diana B. Henriques, senior financial reporter for The New York Times and author of “The Wizard of Lies,” an account of the Bernard Madoff scandal, will be answering questions posed online today on Quora, a site devoted to curating knowledge collaboratively by compiling questions and answers. Ms. Henriques, who interviewed Mr. Madoff extensively in prison, will field questions from 3 to 4 p.m. Eastern time. It is the first of three weekly question-and-answer sessions on Quora featuring Times reporters. Read more »

Article source: http://feeds.nytimes.com/click.phdo?i=6b1179ae8d4274d7c1a0e88bc5740a19

How Bernard Madoff Did It

Finally the man himself and his family. Within days it became known that it was Madoff’s own sons who had turned him in to the F.B.I. From the start, therefore, it was evident that we were witnessing an almost Sophoclean family tragedy. As for Bernie Madoff, what sort of man lay behind that sphinxlike smile, and how had he coped for so many years with the psychological pressure of living with such a gigantic falsehood? “The Wizard of Lies,” by Diana B. Henriques, a senior financial writer for The New York Times, makes for riveting reading because it covers all these dimensions. And although there is much that we can never know, this book comes closer than others have to answering at least some of our questions.

Madoff’s story has by now been told and retold many times, in newspapers and magazines, on television and in several books. After starting on Wall Street in the early 1960s, he built an apparently successful broker-dealer firm. As a side business he began managing money for other people, at first informally, for friends and family. His results were good but not spectacular. Most important, he never lost money (or so it seemed). How he generated these returns was always a mystery — he claimed to be offsetting the downside risks of his stock purchases by selectively using options to hedge the portfolio. But the very secrecy added to his mystique. Through word of mouth he soon began attracting outside investors, spawning a cottage industry of various types of feeder funds that channeled assets his way.

At some point (no one is quite certain when; Madoff claims it was not until the early ’90s, while Henriques believes it to have been earlier), after losing money, rather than come clean to his clients, he fudged the numbers, hoping to recoup the losses later and get back on track. Instead he ended up digging himself into an ever deeper hole. After a while, the chasm between what he claimed to investors and what was actually in their accounts became so deep that he stopped even bothering to invest the cash, relying on money from new clients to pay out fictitious returns to older clients — the classic Ponzi scheme.

Henriques has been reporting on Madoff since he was initially exposed and was the first reporter to be granted on-­the-­record interviews with him after his arrest and incarceration. She probably knows more than anyone outside the F.B.I. and the Securities and Exchange Commission about the mechanics of the fraud. As a consequence, in “The Wizard of Lies” she is able to add significant detail to the story.

To fool his investors and any regulators who happened to come sniffing around, Madoff built a Potemkin-­like investment operation complete with traders at fake terminals pretending to buy and sell stocks and a bogus paper trail of transactions and accounting reports.

Ponzi schemes can survive only by growing — in fact by growing exponentially. Even a leveling off or a slight slowdown in the pace of money coming in can threaten the viability of the entire scam. Henriques reveals how the operation came close to falling apart on several occasions, first after the stock market collapse of 1987, then again during the recession of the early 1990s, and yet again after the tech bubble burst in 2000. Each time, just as Madoff’s fraudulent enterprise seemed to be on the verge of breaking down, a new source of money was found.

Liaquat Ahamed is the author of “Lords of Finance: The Bankers Who Broke the World,” which won the 2010 Pulitzer Prize for history.

Article source: http://feeds.nytimes.com/click.phdo?i=af862de83802400522285ed042ef31f6