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Did Madoff buy off Washington?

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As I posted over the weekend, it takes a village to pull off a $50 billion investment fraud. In the case of the Madoff securities fraud, that village may have included his investors, family, accountants, regulators, politicians and hedge fund bundlers. And it could be that part of that village included two New York senators and the SEC. How so? Campaign contributions from Madoff to two New York senators and a family relationship between Madoff and an SEC investigator may have deflected any efforts to shut down the fraud.

Were Madoff's Washington money connections enough to keep investigators away? It's possible. Senate Banking Committee member Charles Schumer, D-NY, was the top congressional recipient of Madoff's $267,000 in campaign donations between 2001 and the present. Schumer's campaign -- which received $32,000 during that period -- claims it has turned over the money to charity. Others in Congress have received smaller amounts from Madoff including Barney Frank, D-MA ($2,250) and Hillary Rodham Clinton, D-NY ($2,800).

Did the romantic relationship between an SEC attorney and a Madoff Securities compliance lawyer deflect the SEC from doing its job? It's not out of the question. In 2007, Eric Swanson, who served for 10 years as a lawyer at the SEC and left in 2006 while he was an assistant director of the office of compliance inspections and examinations in Washington, married Shana Madoff, Bernie Madoff's niece and daughter of Bernie's brother, Peter Madoff, chief compliance officer for Madoff Securities. Shana is Madoff Securities' compliance attorney.

And this doesn't even detail how the $400,000 he spent on Washington lobbying got doled out. One question that remains unanswered: Where did all the $50 billion go? If the regulators had been doing their job, we might know.

Peter Cohan is president of Peter S. Cohan & Associates. He also teaches management at Babson College and edits The Cohan Letter.

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Last updated: November 25, 2009: 12:08 AM

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