Posted by
Sydney V. Mitchell on Sunday, December 14, 2008 12:07:46 AM
Investors who put their fortunes in the hands of arrested New
York money manager Bernard Madoff are waiting to hear how much of their
stake is left.
The roster of potential victims in
what prosecutors said was a $50 billion Ponzi scheme has grown
exponentially longer in the past few days.
Madoff,
70, said in regulatory filings that he only had around 25 clients, but
it has become apparent that the list of people who lost money may
number in the hundreds or even thousands.
Among those
who have acknowledged potential losses so far: Former Philadelphia
Eagles owner Norman Braman, New York Mets owner Fred Wilpon and J. Ezra
Merkin, the chairman of GMAC Financial Services.
A
charity in Massachusetts that supports Jewish programs, the Robert I.
Lappin Charitable Foundation, said it had invested its entire $8
million endowment with Madoff. The organization's executive director
said she doesn't expect it to survive.
Other
institutions that believed they had lost millions included The North
Shore-Long Island Jewish Health System and the Texas-based Julian J.
Levitt Foundation.
Hedge funds and other investment
groups looked like big losers too. The Fairfield Greenwich Group said
it had some $7.5 billion in investments linked to Madoff. A private
Swiss bank, Banque Benedict Hentsch Fairfield Partners SA, said it had
$47.5 million worth of client assets at risk.
The
losses may have extended far beyond the coffers of the wealthy and
powerful.
The town of Fairfield, Conn., said it
placed nearly 15 percent of its retiree pension fund with Madoff.
Officials were scrambling to determine how much of the $42 million
remained.
Harry Susman, an attorney in Houston, said
he represents a group of clients who had unknowingly become entangled
in the scandal by investing in a hedge fund managed by Merkin, which
then put almost all of its $1.8 billion in capital in Madoff's
hands.
"They had no idea they had exposure," Susman
said. He said his clients were now dumbfounded as to how the fund came
to invest all of its holdings with just one man, especially since
concerns had been circulating for years about Madoff's
operations.
For decades, Madoff had dual reputations
among investors. Many wealthy New Yorkers and Floridians considered him
a reliable investment whiz. Others, more skeptical, had questioned
whether his returns were real, pointing to the firm's secrecy and lack
of a big-name auditor.
But when he met privately with
a family member at his firm earlier this month, something clearly was
amiss.
First, federal authorities say the 70-year-old
Madoff surprised the unidentified family member by saying he wanted to
pass out hefty annual bonuses two months earlier than usual, court
papers said. Then, when challenged on the idea, he said he "wasn't sure
he would be able to hold it together" if they continued the discussion
at the office, and invited him to his apartment.
It
was the beginning of a stunning meltdown for the former Nasdaq stock
market chairman.
Madoff himself described his
investment business as an unsophisticated "Ponzi scheme," according to
investigators who interviewed him.
Perhaps more
startling than the loss was that it apparently caught regulators and
investigators off guard, only coming to light last week when Madoff's
own family turned him in.
The core of the scheme -
taking investments from one client to pay returns to another - "has
been around since the beginning of time," said Marc Powers, a former
Securities and Exchange Commission enforcement chief and head of the
securities practice at Baker Hostetler.
The firm
somehow pulled off the fraud despite being subject to examination by
the SEC, Powers added. "You wonder how these things escaped the
normally careful review of these regulatory
organizations."
The latest dose of bad news in the
world of finance has left Madoff's clients "panicked," said Stephen A.
Weiss, a lawyer for several dozen investors. "These people are
sorrowful. These people are angry. And many are now
destitute."
The wave of ill will - fuel for
inevitable lawsuits - was aimed at a man who had cultivated an image as
a straight-shooter with a personal touch.
The day
after his arrest, his company's Web site still boasted that "in an era
of 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."
It went on to say "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."
Madoff's resume was the stuff
of Wall Street legend: He founded his company in 1960 with $5,000 he
earned in part working as a lifeguard on Long Island beaches while
putting himself through Hofstra University Law School. It eventually
became one of five broker-dealers that spearheaded the formation of the
Nasdaq Stock Market, where he served as a member of the board of
governors in the 1980s and as chairman of the board of directors in the
early '90s.
By 2001, Madoff's firm was one of the
three top market makers in Nasdaq stocks and the third-largest firm
matching buyers and sellers of securities on the New York Stock
Exchange, according to Baron's.
Investigators say
Madoff's crime originated in a separate and secretive
investment-advising business.
Madoff apparently kept
the loss a secret even from his two sons and other family members who
work at the firm until he and two of them retreated to his apartment
occupying the entire 12th floor of an Upper East Side building on Dec.
9, according the complaint drawn up by an arresting FBI
agent.
"It's all just one big lie," he told his
family. He confided he had blown the money in what was "basically, a
giant Ponzi scheme," the complaint added.
Several
attorneys representing investors, however, have questioned how he could
have acted alone, given the size of the alleged fraud and vast holdings
of his firm.
According to the court complaint, Madoff
told his family he expected to end up behind bars, but wanted to
execute his own version of a bailout package by doling out $200 to $300
million he had left to family, friends and employees. After the
meeting, a lawyer for the family contacted regulators, who alerted the
federal prosecutors and the FBI.