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Lucinda Franks

Partners in Crime?

Bernie Ruth Madoff Rex Features In a Daily Beast exclusive, Lucinda Franks says key investigators now believe Ruth Madoff played a larger role than previously assumed in her husband’s Ponzi scheme, and that the fraud began far earlier than other reports have indicated. Plus, she reports, 20 million Madoff documents have been unearthed in a Queens warehouse.

Since the Bernard Madoff scandal broke in December, two overarching questions have been raised. What if anything did other family members know about the Ponzi scheme? And when did it begin—was he a legitimate investor who ran into trouble or was it all a ruse from the beginning? Now, key players I spoke to in the multipronged investigation into the Madoff scheme say they are beginning to piece together answers to those questions.

While she has not been charged with any wrongdoing, authorities now believe Ruth Madoff, Bernard's wife of almost half a century, played a larger role than previously thought. Until now, the assumption has been—as Madoff himself told FBI agents—that his investment-advisory business was separate from other, legitimate Madoff businesses; it was housed on a different floor and operated, he has said, without knowledge of others in his family.

But investigators have discovered, according to a person close to the case, that the funds from the advisory business were in fact comingled with Madoff’s personal funds and with a market-making fund in which he, as a broker-dealer, executed orders for customers. It was Ruth Madoff who oversaw the books on all three of these accounts, and it was the comingling of money from them—contrary to regulations that require such accounts to be kept separate—that enabled the elaborate shell game. It also meant that some investors' money was not invested for their own benefit but went into Madoff's personal assets.

This is why investigators are increasingly focused on Ruth Madoff’s role. While the businesses were operated separately, the money generated by them was mixed under Ruth Madoff’s watch, investigators now believe. What isn’t clear yet is whether she knew the full extent of what she was doing.

But, says one highly placed person involved in the inquiries: “If Ruth Madoff had an office there for 37 years and kept the books of this account, wouldn’t she have had some inkling that something was wrong? She’s there all the time and her husband just blows it by her? They are a really tight couple, did he really keep this secret from her every day of their marriage?” Ira Sorkin, the lawyer for both Madoffs, said he had no comment.

Others involved in the case point to the fact that Mrs. Madoff has not hired her own lawyer as an indication that she knows more than she has previously revealed. A close business associate of Madoff’s shares that skepticism: “If she knew nothing, wouldn’t her husband, who was so protective of his family, insist she have a different lawyer?”

Questions remain about whether still others may have played a role in the scheme. Investigators are exploring whether the statements Madoff investors received were false —indeed whether there were any trades at all. The Financial Industry Regulatory Authority has reported that there is no record of Mr. Madoff’s investment-advisory firm placing any trades. “What did all those people do on the secretive 17th floor if they weren’t executing trades?” a source close to the investigation told The Daily Beast, “What did they think they were doing?”

In another key development, a person close to the case says Madoff has admitted to law-enforcement officials that the Ponzi scheme began more than 40 years ago—much earlier than previously believed. Another law-enforcement official says authorities speculate that Madoff’s role as a pioneer of electronic trading, early in his career, may have aided the scheme. It revolutionized the way stocks were traded, and also removed a physical paper trail. Order slips were no longer issued to “runners” who would take them to the floor. Now with the push of a button, a broker could confirm a transaction—or at least give the appearance that he had. Investigators say this could have easily led to a game of electronic hide and seek.

Madoff himself has told authorities that he acted alone, and while no hard evidence has emerged to refute that, many members of his extended family are targets of irate victims whose savings have evaporated. Some of those family members have gone to authorities and are talking to them about letters they have received that threaten their lives.

Another indication that bolsters federal investigators’ certainty that Mr. Madoff did not conduct this massive fraud alone is the recent discovery of as many as 20 million documents from the firm that are stored in a warehouse in Queens, many of which shed light on the scheme. No one could create that amount of paper without considerable help. “It gives you a sense of the enormity of the problem in solving and settling this case,” a source close to the investigation says. “This will go on for decades.”

Lucinda Franks is a Pulitzer Prize-winning journalist and author who was on the staff of The New York Times and has written for several publications including The New Yorker and The New York Times Book Review and Magazine. Her latest book is My Father's Secret War, about her father, who was a spy for the OSS during World War II.


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January 27, 2009 | 11:25am
Comments ()
jainthorne

Looking at the picture of this couple, I just have to ask....Is it legal for brother and sister to marry? Do they have a dog that looks like them, too? LOL

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11:44 am, Jan 27, 2009
milkbone

His wife,brother and son's, would have to be complete morons not to know what was going on. I would also think that a lot more people will come out of the woodwork before this is over.

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12:17 pm, Jan 27, 2009
joymars

The cook book writer (Ruth wrote a Kosher cook book) cooking the books is almost as hilarious as the poetry of their last name.

You can't make this stuff up.

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12:23 pm, Jan 27, 2009
mikefromArlington

From what dark and decrepit bowels does this foul beast in that picture come from?

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12:26 pm, Jan 27, 2009

This user is no longer registered.

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12:43 pm, Jan 27, 2009
Pkwykid

Lock all the employees and "money gatherers" up at Gitmo. The first 10 that divulge their compliance in the scheme, get to keep all the ill gotten gains they've amassed. Everyone else loses everything.

Reason being, I could successfully argue that Made OFF Securities never made any money. Assuming that reasoning to be correct, all the salaries, bonuses and perks thay were paid were derived from the "fruit of the poisonous tree". Therefore any personal assets they've acquired should be seized and liquidated for the benefit of the investor pool.

Not very PC, but you have to teach all these wall street pricks a lesson. We will put you in lock up and seize all your assets.

Why Gitmo?, These people are our own internal terriorists, who've caused as much suffering as the 911 arabs.

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12:44 pm, Jan 27, 2009
rick164

Mildly interesting, but not much that is new here (and all the comments are from unnamed sources).

Of course investigators are looking at family members who worked at the company (wife, brother, sons and niece). This is for potential wrongdoing, information and leverage (not that they really need leverage against someone who has confessed).

We seem to be in a holding pattern on this story. Only tidbits coming out now, though the press (including this article) try to make the tidbits seem more important than they are.

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12:45 pm, Jan 27, 2009
SarahK

Lucinda Franks is married to Robert Morganthau. Is this an official leak?

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12:45 pm, Jan 27, 2009
queensplate

will there be conjugal visits?

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12:57 pm, Jan 27, 2009
Paxton

20 million documents? Tell us more.....

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1:01 pm, Jan 27, 2009
ScottRose

Because Bernard Madoff was so skillful a manipulator of other people, those wishing to know the whole truth of the story should not discount the possibility that he was, and still is, abusive of his wife.

The abuse could even have extended to compelling her to participate in illegal activities though she truly did not want to.

The man is without a conscience and has not made any genuine expression of remorse. That "sorry for the disturbances" note he sent to neighbors in his building was necessary PR, not an expression of genuine remorse.

He has lived his life on the dark side. A knee-jerk reaction, saying that "his wife had to know what was going on" does not take into account how this master manipulator could well have been manipulating her.

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1:03 pm, Jan 27, 2009
DrFrann

How can anything he says be taken for truth? Know how you can tell Bernie Madoff is lying? His lips are moving.
Financial terrorism. It's all shameful. Sociopathic.

Why isn't he in jail? Why are there two standards for white collar crimes and blue collar crimes? The minimal would be bracelets on the ankles to track their moves.

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1:09 pm, Jan 27, 2009
edmcan

Of course she was in on it, as were many more. What bugs me is that they will all get off because of a plea bargain. He still hasn't been indicted, remember? He still holds all the cards and without Madoff's help the investigators will never see an end to this massive fraud. I disagree with 'elegant looking' crooks; rather, I see a smugness between complicits.

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1:12 pm, Jan 27, 2009
Dynisty

The man who tried to fake his own death in that airplane crash is in jail.
Why isn't the Mad Man madoff in jail? Because he is a better criminal? People like this are the reason the world is a pitiful place.
These men are just two of many "Fancy Pants Financial Planners" who have gotten caught with their 'Fancy Pants' down. Educated criminals....what could be worse! (I guess a pedifile) I guess when you get down to it...an educated financial criminal is like a pedifile....praying on weaknesses and misfortune of others. Or is that what capitalism is?
You gotta ask the question...how many of these sub humans are out there?
It's always the few who destroy a good thing and make it hard on those are left. I bet they had no idea there were so many of them out there to cause such a huge financial colapse in such a short period of time...I think these people are scrambling as we speak.
Please keep on these stories and find all of them you can. These people are no better that the people tried for crimes against humanity...that is what this is. A crime against humanity.

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1:26 pm, Jan 27, 2009
Smithjameslister

How can Ruth Madoff have been involved ? She was
too busy having face lifts.

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1:36 pm, Jan 27, 2009
matthewbenzor

Did anybody doubt that come on you think they went to bed at nite just saying good nite honey.what about hey sweetheart got another fish on line I need you to prepare the books or get net ready its close to the shore I am reeling it in.Its goes to show you what the bible says about money .Proverbs11:28 Who ever trust in his riches will fall, but the rightous will thrive like a green leaf. maybe next time they wont worship money

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1:40 pm, Jan 27, 2009
exploora

I think the problem is people are making this Ponzi scheme ten times more complicated than it is. Basically Peter is robbed to pay Paul.

I can't believe no one at SEC and/or no one at the IRS knew what was going on.

IRS was one of the biggest beneficiaries of this scheme.

And if people get duped into wasting time following misinformation, or having to explain things over and over again to people who don't even matter, or trying to figure out what a split strike conversion is, they might miss dead lines for filing. And that would really matter.

And it seems a lot of people don't care about the investors and at the same time they wonder why the economy has slowed down to almost a halt. Where do they think the new capital comes from, to energize industry, it used to come from investors,

I guess now they expect it to come from government.

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1:52 pm, Jan 27, 2009
citivas

Unfortuately that guy is in jail not because of his fraud but because he intentionally crashed the plane. The system is setup by the white collar criminals to protect the white collar criminals. He may eventually do some time, if he lives that long, but he'll never get punishment proportioate or just when compared to what someone who commits a "blue collar" non-violent crime gets...

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1:54 pm, Jan 27, 2009
exploora

[What if anything did other family members know about the Ponzi scheme? And when did it begin-was he a legitimate investor who ran into trouble or was it all a ruse from the beginning?]

Those are not the big questions. There is growing evidence that Madoff did not make any trades.
http://www.boston.com/business/articles/2009/01/15/madoff_might_not_have _made_any_trades/?page=1

And the big question really is: did anyone at SEC and IRS know what was going on, is that why they were inadvertently helping him by turning a blind eye? IRS was the biggest beneficiary of this alleged scheme, now we hear this could have been going on for 40 years.

Usually it is the beneficiaries who are questioned when investigating a crime.

So the big question is, why is this question always sidetracked, by what appears to be dumbed down journalists with nice hair and pretty outfits?

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2:02 pm, Jan 27, 2009
exploora

[MARY Schapiro, Barack Obama's choice to lead the Securities and Exchange Commission, previously appointed one of Bernard Madoff's sons to a regulatory body that oversees US securities firms.

It has emerged that in 2001, Ms Schapiro, now the chief executive of the Financial Industry Regulatory Authority (FINRA), employed Mark Madoff to serve on the board of the National Adjudicatory Council - the division that reviews disciplinary decisions made by FINRA.

Last week, Mark and his brother, Andrew, were understood to have approached the authorities after their father apparently confessed to orchestrating a $US50 billion ($70.9 billion) securities fraud.

Bernard Madoff is under house arrest in his $US7 million Manhattan apartment and will be electronically tagged after he failed to secure further signatories to guarantee his $US10 million bail.

Both sons have emphatically denied any involvement in what could be the biggest fraud perpetrated by an individual.] excerpted from http://www.theaustralian.news.com.au/business/story/0,28124,24822540-501799 7,00.html

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2:08 pm, Jan 27, 2009
stellamaris

take the whole family to jail! or better yet, place them infront of a firing squad! where is the justice??? madoff and his family of henchmen have succeeded in putting the final nail in the coffin that led to the death of the american economy!!! who is protecting these demonic people??? and when will the people get back they're money??? the madoffs should be stripped of every asset they own and every dollar they have!

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2:09 pm, Jan 27, 2009
fsrg25

It all goes back to Madoff's mom - the legend is the guy took his lifeguard/sprinkler money and "wnet to Wall St" - and no one is examining this closer (even the NYT just repeated this story in its recent profile) - but you can't "go to Wall St" w/ $5000 and just start a broker/dealer or Investment Advisory buisness - even in 1960.
Figure out how he started the Firm and you'll figure out the scam.
BTW - the fact that Ruth Madoff doesnt have her own lawyer only means that the 2 of them are still playing together. Indict her - then there will be no bail $ and with the prospect of jail - everyone will turn on each other and sing - Federal Prosecutors are so namby pamby.

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2:12 pm, Jan 27, 2009
fsrg25

citivas - bail has ZERO to do with blue collar/white collar. It has to do with risk of flight and danger (n Federal system - in state it is only flight risk). You are innocent till proven guilty.

Non-violent, non-white collar criminals (essentially drug dealing) would also get out on bail if the defendant could show that they were not a risk to flee (i.e. long time member in community, family etc...) and there was no risk of danger to community (as in physical danger).
Feds made mistake here and should have argued risk of flight due to missing $ in the beginning - but they were caught flat-footed (the guy confessed and they werent aware of the scope) and agreed to $10M bail.
There is no double-standard. it is the same standard applied to different facts.

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2:19 pm, Jan 27, 2009
rick164

I have to take serious issue with some of the "populist" but ill-informed statements being made here about white collar crime.

First, Madoff is now wearing an ankle bracelet, and is confined to his home except for groceries, etc.

Second, if you look at the facts, you'll see white collar criminals generally get stiff sentences--they don't get off with plea bargains. All the players in the major financial scandals of the last decade--Enron, Worldcom (Ebbers), Adelphia (the Rigas family), Tyco (Kozloski and Swartz) --resulted in decades-long prison sentences.

The same will be true of Madoff. At his age, it likely he will go away for life.

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2:23 pm, Jan 27, 2009
rick164

Just a warning, folks. Exploora, who has already made three posts here in 15 minutes, will hijack this blog with her ramblings.

Just ignore her--she has logorrhea and cannot help herself.

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2:33 pm, Jan 27, 2009
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Partners in Crime?

by Lucinda Franks

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