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Did Madoff act alone?

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Bernard Madoff tried to raise millions in the last few weeks [subscription required] before he finally confessed to his $50 billion Ponzi scheme, according to a report in the Wall Street Journal today. This story lends even more credence to my suspicion that Madoff may have acted alone in building what will likely be the world's largest Ponzi scheme. When I said that on Fox Business News on Monday, I was definitely in the minority. In fact at the end of the show, a poll taken during the hour long show indicated that 95 percent of the people watching did not believe he had acted alone.

The Wall Street Journal details all the people he contacted in what appears to be a last minute, desperate attempt to raise cash and keep his dirty little secret. Carl Shapiro, a 95-year-old philanthropist and entrepreneur, which the WSJ states was one of Madoff's oldest friends and biggest financial backers, gave Madoff $250 million sometime around December 1, 2008 - just days before he confessed to the $50 billion scheme. Some believe it was a loan, others an additional investment. Either way Shapiro's friends say he was promised a quick payback with interest or gains. Shapiro did not comment for the story.


Based on details in the story, it appears that Madoff was trying to raise funds for a new "fund" and the WSJ discussed a pitch made by Madoff to New York Investor Kenneth Langone just before Thanksgiving. Langone told the WSJ that Madoff said he was raising $500 million to $1 billion for this new fund for exclusive clients. Is that the same pitch he gave to Shapiro? Possibly, but Shapiro isn't talking. Either way it's obvious he was looking for new money to keep his Ponzi scheme going.

According to the criminal complaint filed, it was the first week of December that Madoff allegedly told one of his sons that clients wanted to take out about $7 billion and he was having trouble putting together the money. Several days after admitting to this cash flow problem, Madoff confessed the Ponzi scheme to his sons.

Was that truly the first time his sons knew of the Ponzi scheme? Most people don't seem to believe that to be the case. But having been married to a son of a famous person, I can believe that it's true. A son or daughter can be in such awe of a famous father that they will never question any of his actions.

Did Madoff act alone? I still think it's possible that he did. He carefully structured his business to minimize scrutiny of the SEC by telling them he only serviced hedge funds and did not service individual investors directly. He served on at least one SEC advisory committee and knew from his insider exposure what the SEC would look for and how to respond to investigative questions. What do you think?

Lita Epstein has written more than 25 books including "Reading Financial Reports for Dummies," (second edition released this month) and "Complete Idiot's Guide to Value Investing."

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Last updated: November 26, 2009: 03:03 AM

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