It is also being reported that Madoff claims that many of the large banks and fund of hedge funds who invested with him were “wilfully blind” and “chose to ignore con.” Here is a video about it:

It also seems a secondary market has developed for betting on how successful Irving Picard will be in recovering Madoff claims…

Finally, the Financial Times is reporting that motivated by continued paranoia (is it paranoia if the government really is out to get hedge funds?…) surrounding government oversight of insider trading hedge funds have begun to hire security firms to perform sweeps their offices and homes for electronic bugs (aka: listening devices). Here’s a video about some of the technology used in these sweeps including hidden camera detectors, fiber optic cameras, spectrum analyzers, and non-linear junction detectors:

So what happens when they find one? Maybe it would be like when a man named Yasir Afifi found an FBI tracking device on his car and asked the Internet community to tell him if he was being spied upon. Perhaps hedge funds familiar with reverse engineering strategies could similarly reverse engineer the technology and begin spying on the government – or would that be considered insider trading….?

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The Galleon Case:

Or perhaps so-called insider trading should be legalized?

And then of course there is the Wilpons and Madoff:

From CNBC:

ESPN’s take on the Wilpon / Madoff scandal (which the Wilpon’s claimed would not affect the NY Mets baseball team they own) including Larry King’s take on the subject:

Interesting Irving Picard’s lawsuit to clawback capital centers around the issue of operational due diligence red flags. Another interesting argument made Picard is that the Wilpon’s should have been even more aware of Madoff’s red flags because of their previous experience with Ponzi schemes. The Wilpon’s have a history of of investing with Ponzi’s schemes before – they invested in Sam Israel’s Bayou – perhaps Mario Cuomo may be able to mediate a settlement…

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Continuing in the great spirit of Chicago crime and fraud, a former Chicago hedge fund manager was arrested on fraud charges today. Hedge fund manager James Brandolino turned himself in for allegedly running a Ponzi scheme via which he stole more than $3.5 million from approximately 48 victims.

Brandolino was charged with mail fraud in a criminal complaint filed in U.S. District Court. The announcement was made by Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois; Robert D. Grant, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; and Thomas P. Brady, Inspector-in-Charge of the U.S. Postal Inspection Service in Chicago.

Brandolino is 42 years old and a currently resident of Joliet, Illinois – the same place famous Blues Brother “Joliet” Jake Blues is from. He had been running the Ponzi scheme since 2003. Brandolino claimed to be running a managed futures strategy as commodity pool adviser (“CPO”).

Throughout the life of the Ponzi scheme he kept it going by providing about $1.1 million in investor redemptions. He then lost half of the money through poor trading decisions – no crime there. The problem, in part, was that Brandolino allegedly told investors that their funds, minus a commission, was being used to trade futures contracts, and always told that his trades were profitable, even though often it was not. This claim of constant (or almost constant) steady profitability is a familiar red flag reminiscent of many recently uncovered frauds and Ponzi schemes, including Madoff. Brandolino also allegedly lied about  his assets under management in investors statements. In October 2010 he claimed to have $7.5 million under management.

It is also alleged that Brandolino misused most of the remaining funds for his own benefit. It is unclear exactly what he spent the money on as his only remaining assets consisting of a luxury automobile, a watch and an interest in an unfinished condominium in Greece on which he put down 80,000 Euros, or more than $107,000.

Interestingly, Brandolino has previously held various National Futures Association registrations in the commodities brokerage business, (including exchange floor trading privileges at the Chicago Board of Trade (now CME Group). Here’s the link to his NFA broker report. Brandolino was previously a principal of several commodities trading businesses, including Brandolino Investment Group, Falcon Capital Partners LLC, Lloyd Lewis Capital, Inc., Falcon Trading Group, Inc. Here’s the link to his Twitter account.

Apparently all you need to do is watch this video to become a commodities broker…

Another operational due diligence red flag was the generation of false investor statements. Between 2003 and 2007, Brandolino allegedly accepted approximately $1.5 million from roughly 20 investors and  generated false statements showing steady returns even though by mid-2007 he had lost most of the money through bad trading decisions.

In mid-2007, he started a commodity pool known as Falcon Stock Index LP, without disclosing that he had previously defrauded investors. When this fund closed in July 2008, Brandolino allegedly traded equity index futures and earned actual net returns of about 15.5%, but didn’t tell any of his investors that he had stopped trading in mid-2008 and failed to return their money, according to the charges. The government is being represented by Assistant U.S. Attorney Samuel B. Cole.

Brandolino appeared this afternoon before U.S. Magistrate Judge Michael Mason and asked to remain in federal custody. He’s probably safer in custody then on the streets where defrauded investors may want to have a word with him….

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It seems as if wronged Madoff investors had a brief moment to recover thanks to the efforts of Madoff trustee Irving Picard in his continued pursuit of reclaiming (i.e. – clawing back) capital from those who reaped profits from the Madoff scandal. One of the biggest benefactors from Madoff appears to have been the late Jeffry Picower (see previous posts about Picower here).

Mr. Picard recently announced a deal struck with the Picower estate to repay $7.2 billion. Only approximately $5 billion will go to Madoff victims with the remainder being paid to the government. Not every investor was happy with this deal and several of them have banded together and filed a lawsuit objecting to the settlement. This settlement will not leave Picower’s widow destitute. Most of this money had been intended for a philanthropic foundation, not for Picower’s heirs. According to the Washington Post, Picower’s widow will retain $200 million and his daughter will retain $25 million, the funds for all of which reportedly derived from sources other than Madoff-related profits.

Here is a video from MSNBC regarding the settlement:

And from the Wall St. Journal:

Here is a nice summary of the Picower withdrawals from Madoff:

In other Madoff news, Madoff’s former secretary Annette Bongiorno was recently freed on bail.

Here is a video regarding the original charges brought against Bongiorno’s and another Madoff secretary Joanne Crupi (who was responsible for supervising the primary bank account used in BMIS’s investment advisory operations):

Bongiorno is accussed of assisting Madoff implement his Ponzi scheme. Clients recruited by Bongiorno and her electrician husband Rudy had their money put in accounts that were code-named RuAnn in company files, according to a former Madoff employee . It is reported that Bongiorno mined her old Queens neighborhood for investors. Not helping her case are Bongiorno’s considerable assets including a $2.6 million mansion in a gated community in Manhasset, New York, and three fancy cars, including a Mercedes that sells for nearly $100,000.

Bongiorno, 62, is facing charges of helping Madoff defraud investors of billions of dollars. Bongiorno, pleaded not guilty to conspiracy and fraud charges. U.S. District Judge Laura Taylor Swain in Manhattan cut Bongiorno’s bail from $5 million to $3 million after prosecutors seized most of her bank accounts and defense lawyers agreed to disclose others. The judge required eight people to guarantee the bail. This bail reduction allowed Bongiorno with enough flexibility to make bail, but she will remain under house arrest in her Manhasset mansion…

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The Madoff saga has yielded another unfortunate death -Madoff’s eldest son Mark Madoff. According to media reports Mark Madoff, 46, committed suicide by hanging himself  with a black dog leash while his 2-year-old son slept nearby. His death occurred two years to the day after his father (Bernard Madoff) was arrested by the FBI.

Mark Madoff had sent at least two e-mails to his wife and one to his lawyer in the early morning, a police official said, before killing himself. In the e-mails to his wife, he asked her to take care of their son and said that he loved her, the official said. If you will remember Stephanie Madoff, Mark’s wife, petitioned a Manhattan court in February to change her and her children’s last names to Morgan to avoid harassment and threats (see previous post). Here is a video about Mark’s death:

Madoff and his first wife, Suzanne, divorced in 2000.He has two other children from a previous marriage, ages 18 and 16. Mark Madoff graduated from the University of Michigan. He was a licensed broker with his father’s firm since 1987.

Mark’s death is the fourth major death surrounding the Madoff scandal and the second purported suicide. The first was investor’s Rene-Thierry Magon de la Villehuchet’s suicide and the second being the death of Jeffry Picower (see previous post regarding Picower) and the third was Stanley Chais a Beverly Hills, California investment advisor who operated feeder funds which allocated capital to Madoff funds (see previous post regarding Chais).

In recent weeks, federal investigators had charged a number of Bernard Madoff associates in indictments. The latest under indictment was key operative Annette Bongiorno, who was charged last month with fabricating documents and securities fraud in connection with the Ponzi scheme.

Madoff’s other son Andy, despite attempts to continue to keep a low profile, was featured in several media articles relating to a company he started with his girlfriend Catherine Hooper (who reportedly has a tattoo of the Madoff name) called Black Umbrella which provides disaster recovery planning for families. Andy and the now deceased Mark reportedly also were avid fisherman which was coincidentally a hobby equally shared by Madoff’s former Chief Financial Officer Frank DiPascali (see previous post). Here’s is a video with Mark Madoff showing off Abel Reels (a company he was the leader of an investment group which bought them):

Agents investigating the scheme recently had focused more attention on Mark Madoff, one investigator said. “He was next up to the tee,” said the investigator, who didn’t want to be named because of the pending probe, referring to the shift of attention to Mark Madoff. Mark Madoff wasn’t viewed as a major insider with vast knowledge of his father’s fraud but he is believed to have had some awareness of the fraudulent nature of the operation, the investigator said.

“This is a tragic development, and my sympathy goes out to Mark Madoff’s family,” Irving Picard the Madoff trustee said in a statement yesterday.

Jeff Wilpon, chief operating officer of the New York Mets, who went to Roslyn High School with Madoff in the 1980s, said, “It is shocking, it is sad, it is tragic.” Mr. Wilpon, who said in December 2008 that Mark Madoff had been a friend of his for 30 years, has been sued along with other members of his family by Picard in one of hundreds of lawsuits the trustee has filed to get back profits from Madoff investors.

Ira Sorkin, Bernard Madoff’s lawyer, said he was unable to get in touch with his client, who is serving a 150-year sentence at federal prison in North Carolina. Sorkin did say, “I’m very sure he has been informed. This is a great tragedy on many, many levels.”

A lawyer for Madoff’s mother said, “Ruth is heartbroken.” Mark Madoff had not spoken to his parents since his father’s arrest, on the advice of his lawyer.

There have been no reported statements made by Peter Madoff (Bernard’s brother and Mark’s uncle) or Peter’s daughter (Bernard Madoff’s niece and Mark and Andy’s cousin Shana Madoff). Both Peter and Shana were also named in a suit recently filed by Irving Picard.

Perhaps this fictional account of Mark and Andy teaming up with their own lawyers and distancing themselves from Bernard Madoff around the holidays puts Mark’s death this in perspective:

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Here is the trailer:

Mr. Gecko is most famous for the line, “Greed, for lack of a better word, is good.“ Here the clip where Mr. Gecko says the famous line at a stockholder’s meeting:

This new movie revisits Mr. Gecko 23 years later, after he is released for stock manipulation and other securities crimes.

In this film, Mr. Gecko tries to warn the world of the 2008 financial crisis (before it happens). Along the way he crosses paths with a hedge fund’s prop trader, Jacob, (played by Shia LeBouf). In a plot twist Jacob suspects, who else but the hedge fund manager for the death of his mentor….

In the pre-Madoff environment, and particularly in the 1980′s when the first Wall St. film takes place, business and operational shenanigans, may have foolishly been subject to lesser degrees of due diligence – which is perhaps why they either went undetected or grew out of control (i.e. – Ivan Boesky)

All this made me think in the post-Madoff environment if the Gordon Gecko’s of the world would still stand up to modern due diligence techniques? ….

Perhaps maybe this theatrical shareholder’s speech sums it up best:

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In their article on Madoff’s prison life, New York magazine also provides insight into how other inmates view Bernie with this sketch by fellow inmate (and convicted bank robber K.C. White):

The article goes on to quote Madoff in prison as follows:

“F— my victims,” he [Madoff] said, loud enough for other inmates to hear. “I carried them for twenty years, and now I’m doing 150 years.”

Oh by the way, here is a video that sort of flew under the radar, J. Ezra Merkin allegedly employed a convicted felon named Victor Teicher who reportedly advised Merkin from jail in 1994 not to invest with Madoff. These allegations came out of New York University’s lawsuit against him:

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Here is a series of interviews conducted at the end of 2009 with Erin Arvedlund. Ms. Arvellund first wrote about Bernie Madoff for Barrons in 2001 and published her book, Too Good to be True- The Rise and Fall of Bernie Madoff in August of 2009.  The interviews are conducted by Lawrence R. Velvel, the Dean of Massachusetts School of Law at Andover and himself a Madoff victim.

Part 1 –

Part 2-

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The Wall St. Journal reports that Mr. Madoff was treated for a broken nose, fractured ribs and cuts to his head and face, according to a felon currently at Butner serving time on drug charges who was familiar with his condition at the time. The former inmate said the dispute centered on money the assailant thought he was owed by Mr. Madoff.

“In December he [Madoff] told staff he was not assaulted, and an investigation was completed following his statements, which corroborated his statements,” said Traci Billingsley, a Bureau of Prisons spokeswoman. “Not one inmate has told staff he was assaulted.”  It’s not uncommon for prisoners to deny being beaten because they don’t want to risk a reputation as a snitch, according to prison experts and prisoner advocates. It’s good to know Madoff’s not a snitch…

In other news Law.com is reporting that an investor, Jermore Goodman, is suing Goldman Sachs over Madoff investments. Goodman alleges that Goldman had an internal ban in place on investing with Madoff since 1999 but didn’t think it was important to share with its investors like Goodman. Assuming these allegations are true, this is just another example of the imperfect nature of operational risk data in the hedge fund market.

Finally, the reportedly shy Harry Markopolos has written a book about his Madoff experiences appropriately entitled, “No One Would Listen.” Here is a video about the book:

Other reported key highlights from the book include:

• The Madoff case is just the tip of the iceberg of his multiple probes of financial shenanigans
• The health care industry “makes Wall Street look honest”
• If he felt threatened, he was prepared to kill Madoff himself
• Markopolos claims he tried to give his Madoff file to then-New York Attorney General Eliot Spitzer; Spitzer says he didn’t get it
• Markopolos slams the media, expressing his incredulity at their lack of initiative and says reporters ignored the story he told them about
• He was devastated by the suicide of friend and french money manager Thierry de la Villehuchet, who remained heavily invested in Madoff despite Markopolos’ warnings

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