Tuesday, February 9, 2010

Madoff ‘victims’ do math, realize they profited

amd_madoffThe many Bernard Madoff investors who withdrew money from their accounts over the years are now wrestling with an ethical and legal quandary.

What they thought were profits was likely money stolen from other clients in what prosecutors are calling the largest Ponzi scheme in history. Now, they are confronting the possibility they may have to pay some of it back.

The issue came to the forefront this week as about 8,000 former Madoff clients began to receive letters inviting them to apply for up to $500,000 in aid from the Securities Investor Protection Corp.

Lawyers for investors have been warning clients to do some tough math before they apply for any funds set aside for the victims, and figure out whether they were a winner or loser in the scheme.

Hundreds and maybe thousands of investors in Madoff’s funds have been withdrawing money from their accounts for many years. In many cases, those investors have withdrawn far more than their principal investment.

“I had a call yesterday from a guy who said, ‘I’ve taken out more money then I originally put in, but I still had $1 million left with Madoff.

Should I file a $1 million claim?’” said Steven Caruso, a New York attorney specializing in securities and investment fraud. “I’m hard-pressed to give advice in that situation,” Caruso said.

Among the options: Get in line with other victims looking for restitution. Keep quiet and hope nobody notices. Return the money. Or hire a lawyer and fight to keep profits that were probably fraudulent.

No one knows yet how many people will emerge as net winners in the scandal, but the numbers appear to be substantial.

Many of Madoff’s long-term investors have, over time, cashed out millions of dollars of their supposed profits, which routinely amounted to 11 percent to 15 percent per year.

Jonathan Levitt, a New Jersey attorney who represents several former Madoff clients, said more than half of the victims who called his office looking for help have turned out to be people whose long-term profits exceeded their principal investment.

“There are a lot of net winners,” he said.

Asked for an example, Levitt said one caller, whom he declined to name, invested $1.8 million with Madoff more than a decade ago, then cashed out nearly $3 million worth of “profits” as the years went by.

On paper, he still had $4 million invested with Madoff when the scheme collapsed, but it now looks as if that figure was almost entirely comprised of fictitious profits on investments that were never actually made, leaving his claim to be owed anything unclear.

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3 Responses to Madoff ‘victims’ do math, realize they profited

Richard

January 11th, 2009 at 2:23 am

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Where are the Madoff BIG WINNERS? People that potentially walked away with 100s of millions (billions) in profits taken from the suckers. Yeah Madoff took some of the cash, but potentially other large investors could have taken MUCH MORE. Could any of them been in on the scam (wink wink)? A million invested in Madofff 10 years ago earned 4 million at 13% interest. Madoff is taking all the heat, but I can’t believe he went for over ten years with no one else knowing or suspecting.

Madoff ‘victims’ do math, realize they profited at Curious Cat Investing and Economics Blog

January 11th, 2009 at 6:52 am

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[...] Madoff ‘victims’ do math, realize they profited The many Bernard Madoff investors who withdrew money from their accounts over the years are now wrestling with an ethical and legal quandary. What they thought were profits was likely money stolen from other clients in what prosecutors are calling the largest Ponzi scheme in history. Now, they are confronting the possibility they may have to pay some of it back. [...]

Gregory

January 11th, 2009 at 7:02 am

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After looking at their website I’m wondering why they are contacting these investors. This is a clear case of fraud, which according to their site isn’t covered by them. I guess when you’re talking about the kind of money these investors have (had) they’re surely going to be taken care of. This is the first I’ve heard of the SIPC, where do they get their money from? Taxpayers? Is there any government assistance going to them?

Why Was SIPC Created?

SIPC is an important part of the overall system of investor protection in the United States. While a number of federal, self-regulatory and state securities agencies deal with cases of investment fraud, SIPC’s focus is both different and narrow: Restoring funds to investors with assets in the hands of bankrupt and otherwise financially troubled brokerage firms. The Securities Investor Protection Corporation was not chartered by Congress to combat fraud.

Why We Are NOT the FDIC

“Insurance” for investment fraud does not exist in the U.S. The Federal Trade Commission, Federal Bureau of Investigation, state securities regulators and other experts have estimated that investment fraud in the U.S. ranges from $10-$40 billion a year. In the case of microcap stock fraud, the toll on investors has been estimated as $1-3 billion annually.

With a reserve of slightly more than $1 billion, SIPC could not keep its doors open for long if its purpose was to compensate all victims in the event of loss due to investment fraud.

It is important to understand that SIPC is not the securities world equivalent of FDIC–the Federal Deposit Insurance Corporation. Congress specifically considered creating a Federal Broker-Dealer Insurance Corporation, but lawmakers wisely concluded that such a designation would be both misleading and out of step in the risk-based investment marketplace that is so different from the world of banking.

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