Madoff should have asked for protective custody
Instead he asked for bail
The judge sent him home in bracelets
When he should have sent him to jail

Madoff admits stealing $50 billion with no remorse over 30 years
Investors and foundations lost millions and are raining tears

A thousand questions cannot be answered
How could this scandal go on so long?
Undetected by the regulators and investors around the world
Who didn't think always winning meant something was wrong

They turned a blind eye while they were charmed by a smile
From a friendly man with a key to the city and connections that could beguile

The Securities and Exchange commission did not do its job
Incompetence in the highest office for three decades
Giving the swindler Bernie Madoff a license to rob
And pretend he was a genius trader when few were ever made

I'm always on the lookout for advice on how to live a successful, happy life: And I'm not above taking tips from Bernie Madoff, the biggest con-artist in the history of the world if the allegations are to be believed. If you skip to 2:45 into the video, you can some great advice from him: Don't take anything for granted etc.

The man interviewed by Fox Business said that his father -- a Madoff friend and investor -- told his son on his death bed that he should "trust Bernie Madoff."

In the U.S.'s decade of descent, its near-decade of policy errors, investors could no-doubt cite their nomination for financial or economic low point.

Enron, the Bear Stearns hedge fund defaults, the mismanagement of Lehman Brothers and AIG (NYSE: AIG), the to-date secretiveness of the TARP money allocation, Citigroup's (NYSE: C) missteps that now expose the U.S. government to potentially more than $200 billion in liabilities, or the myriad bad decisions by mortgage borrowers and lenders that sent the housing market into recession would, undoubtedly, be mentioned as candidates for the biggest scandal.

A few 'candid and frank' discussions in CT

Still, during a year-end, holiday trip to relatives in Connecticut, I received "a full and complete report," as we say in the news/publishing business, concerning what many people -- at least what many of my relatives -- feel is the biggest scandal or mistake. Now, my extended family is by no means a scientific survey, but it's a pretty good cross-section of the American public, comprised of high-powered professionals and typical employees; those who've done very well financially, and those who haven't done as well, with all age groups represented.

And what was everyone really peeved about? The alleged Ponzi scheme and rip-off masterminded/perpetrated by Bernard Madoff.

Welcome to Way Off Wall Street, a column dedicated to providing Main Street opinions on topics of interest to investors. Each installment highlights the views of Americans who are far removed from the canyons of Wall Street -- and who often see things more clearly as a result.

After reading nearly 400 publicly posted reader comments regarding the Bernard Madoff Ponzi scandal, I believe that I may have a good feel for the grass roots mood on the subject. In a nutshell, the average American internet crawler is thoroughly disgusted with our financial system and its regulatory agencies. They are fed up, strung out and unequivocally irate. As for Bernard Madoff himself, the overwhelming assertion is that he should be strung up immediately. That sentiment is not meant in a figurative sense either. People want Bernard Madoff publicly hanged, and they want it done with much fanfare in a place such as New York City's Central Park. Yes, this sounds rather coarse. Perhaps it's even uncivilized, but as the internet is my witness, this is what people are saying.

Very few of the comments I have read indicate a feeling that Madoff's investors simply got what they deserved. I did, however, read many statements regarding the fact that high level greed obviously forced many large eggs into one very questionable basket. I myself have not much pity for those investors who lost "everything" to Madoff's twisted dealings. It is my opinion that if investors don't have the sense to diversify, and thereby somewhat protect themselves, they are not very deserving of much wealth. Even my own paltry savings reside in no less than five separate accounts, however paltry.

German billionaire Adolph Merckle, who has been beset by money woes, committed suicide.

According to Bloomberg News, Merckle, listed as 94th on Forbes' list of the world's wealthiest people, was hit by a train. His family released a statement saying he was "broken by his inability to handle the situation." Until recently, Merckle had a good reputation but ran into some bad luck.

"Merckle, whose holdings spanned the cement, machinery and drug industries, was battered by bets on Volkswagen AG, a drop in the value of his HeidelbergCement AG stock and increasing debt," Bloomberg News said. Shares of HeidelbergCement slumped on the news of Merckle's suicide.

Though my heart goes out to his family, the fact that the businessman chose to end his life is not surprising. The current economic crisis has placed people under unbelievable amounts of stress. Sometimes things go horribly wrong.

A French investor recently caught up in the Bernard Madoff scandal recently took his own life. Last year, an executive with a subprime mortgage company murdered his wife of 10 years and the mother of his two children before leaping off a bridge spanning New Jersey and Delaware.

Countless other tragedies that happen every day do not make the news. Divorces are bound to rise and I bet domestic violence is increasing. Let's hope that the government funds mental health services with the same gusto it provides money to money-losing financial institutions.

Dr. Stephen Greenspan is an expert on why people behave foolishly. That what makes his role as a victim of the Madoff Ponzi scheme so informative and ironic.

In a lengthy op-ed in the Wall Street Journal, the emeritus professor of psychology at the University of Connecticut, Greenspan argues that even highly educated people can become victims of a Ponzi scheme. The architects of these frauds tend to be personable people adept on playing on the insecurities of their clients.

Greenspan did not invest with Madoff directly. Like many victims, he gave money to one of the so-called "feeder funds" after listening to a pitch from an acquaintance of his sister and brother-in-law. He argues that Madoff's lies were not obvious or easy to recognize. Heck, the SEC couldn't figure out what Madoff was up to even though it was given a pretty clear road map. Let's hope Congress can get to the bottom of this in hearings later today.

Today Congressman Barney Frank (D-MA) will grill the SEC on why it missed the $50 billion Madoff Securities Ponzi scheme. After all, over the last 16 years, the SEC investigated Madoff eight times and each of those times, it failed to discover the scam. This -- and so much more -- means it's time for a change in the way Washington regulates Wall Street.

And Frank is sure to use today's stage to talk. Last Monday, I appeared on a TV program in Boston "with" Frank. I put "with" in quotes because when Frank arrived at the TV studio, he made sure that me and any other guests who were to appear got thrown out of the green room so he could have it to himself. And while I was on the set with Frank -- I was scheduled to go on the show right after him -- he never even looked at me -- by contrast, every other person I have appeared with was happy to introduce themselves.

Frank likes to talk -- he used 25 of the 30 minutes (he was supposed to take up about 15 minutes). (And in the four minutes Frank left me, I gave out a few Bernie awards for the worst financial foibles of 2008.) So when he chairs hearings today, Frank will no doubt do quite a bit of talking. And he'll probably ask why the SEC officials failed to discover the Madoff scandal after receiving emails from a New York hedge fund that described his business practices as "highly unusual." As I posted, I think Frank should focus on the village that enabled Madoff.

Let's hope things get better this year.

Peter Cohan is president of Peter S. Cohan & Associates. He also teaches management at Babson College. His eighth book is You Can't Order Change: Lessons from Jim McNerney's Turnaround at Boeing.

A search for Madoff on eBay (NASDAQ: EBAY) yields 85 listings. There's a Bernard L. Madoff Canvas Attache + Madoff Post-it Pad that went for $50. You can also get a Bernard L. Madoff Securities Mousepad -- the bid is already up to $76.

According to The New York Post, "Other items include humidors, binoculars, beach towels, coolers, mousepads, shirts and jackets. The most expensive doodads so far include a Madoff flashlight that sold for $387 and a fleece sweater that went for $455."

The bidding appears to be quite active with original Madoff apparel getting multiple bids. Is it a good investment? History indicates that it probably isn't. Enron memorabilia was hot on eBay shortly after the company's collapse but a search for "Enron" on eBay now yields many listings and few bids.

If you want some Madoff memorabilia to decorate your office -- and lord knows, it's a great way to put clients at ease and inspire confidence -- it might be a good idea to wait a few months.

One of the more intriguing questions of the $50 billion Bernard Madoff Ponzi scheme is where did all of the money go. Investors now may get a rough idea as to what the man who was once considered by investors to be some sort of genius did with their life savings.

According to Bloomberg News, Madoff is due to file a statement today with the U.S. Securities and Exchange Commission listing his assets. That probably is one of the many, many conditions of his bail, including hiring a private security company to keep gawkers and the press away from his apartment building. I am sure the tenant's association meetings have been lively.

Before he was arrested, Madoff allegedly told employees that he had $200 million to $300 million left, according to Bloomberg. His lawyer declined to comment to the news service as to what happened to remaining funds. There are a couple of things to keep in mind.

Much of Madoff's fortune may be in tax havens such as the Cayman Islands, Bermuda or countless other small Caribbean nations. Finding it may be extremely difficult without the cooperation of Madoff or some of his closest associates.

Though Madoff claims to have operated the Ponzi scheme by himself, that probably is not true either. The logistics of keeping such a large fraud going for decades would be difficult if not impossible to maintain. Madoff, like many Ponzi scheme operators, is trying to take the rap himself. Perhaps he is trying to deflect attention from his sons, who both claim they had no idea what their father was doing.

The fact that Madoff is Jewish as were many of his victims is not surprising either. Many Jewish charities and philanthropic institutions did not bother vetting Madoff since he was of the same religion. Victims of fraud often never imagine that one of their own would try to steal from them.

For the many victims of Madoff's scheme, justice many be elusive. Their retirement dreams have been dashed and they will need years to rebuild their financial security. It may take years for them to recover a fraction of the money they lost from Madoff.

This post is part of our feature on Money Losers of 2008. See all 20.

As we learn more about the scandal involving the investment businesses managed by Wall Street power broker Bernard Madoff, it's a tale of failure by government regulators and investors alike. Madoff saw a weakness in the system and took advantage of people and institutions for about $50 billion (we don't know the final tally yet because Madoff kept several sets of books and the courts need to sort out what's left).

Regulators got too cozy with a man whom they trusted so much that he served on a advisory committee for the SEC on investor information involving scams, while the entire time he was building a business that will probably hold a record for being Wall Street's largest Ponzi scheme. He also served as chairman of the NASDAQ Stock Market.

Investors, including investment advisers and large institutions, were taken in by his charms and overlooked the fact that steady returns, like the ones Madoff promised, were suspect. Indications are that some investment advisers who did their due diligence advised against investing money through Madoff.

As the sordid tale of Bernard Madoff continues to unspool, it has become increasingly clear that somebody -- in fact, a lot of somebodies -- were asleep at the switch. Beyond the standard warning signs, like Madoff's incredible secrecy, his surprisingly consistent rate of return, and the clubby nature of his selling staff, there were far more obvious portents. For example, Madoff's chief compliance officer was his brother Peter, and one of the compliance attorneys was his niece. For that matter, the fact that Harry Markopolos, a Boston accountant, has been urging the SEC to investigate Madoff for the last nine years should have been a hint. The same, of course, goes for the 2006 SEC investigation that found violations, but didn't feel obliged to take any substantive action.

As the SEC attempts to assign blame in finest Three Stooges form, it's worth noting that this is hardly the first time that a lack of serious governmental regulation has reared its ugly head this year. At the moment, mobs are currently clamoring for Dick Fuld's head, with a healthy side order of Hank Greenberg, John Thain, John Mack, Lloyd Blankfein, Jimmy Cain, and pretty much everyone who works in New York's financial district. The general perspective seems to be that these men engaged in business practices that ran the gamut from risky to actionable and now should be forced to pay for the economy that they have ruined.

The Bernard Madoff tragedy just got more tragic: The Associated Press reports that the founder of a Manhattan hedge fund that invested with Mr. Madoff has been found dead in his office. A French newspaper has reported that the cause of death was suicide.

The news of Rene-Thierry Magon de la Villehuchet's death, and the Madoff connection is making headlines today. He was 65-years-old and married without children. A founder of the Access International Advisors fund, he had reportedly plowed $2.1 billion into Madoff's scheme.

A friend told AFP that for Villehuchet, "Access (International Advisors) was his whole life, and Madoff was a manager in whom he had complete trust. I lunched with him two weeks ago and he said, how lucky it was that Madoff was the only manager still doing well at the moment."

Suicide and fraud have been linked in past scandals as well. Shortly after the collapse of Enron, former high-level executive Cliff Baxter shot himself and left a note for his wife that read "Carol, I am so sorry for this. I feel I just can't go on. I have always tried to do the right thing but where there was once great pride now it's gone. I love you and the children so much. I just can't be any good to you or myself. The pain is overwhelming. Please try to forgive me. Cliff"

New York retiree Phyllis Molchatsky lost nearly $2 million in Bernard Madoff's alleged Ponzi scheme -- and she's as mad as hell and not going to take it anymore.

Realizing that suing Mr. Madoff won't lead anywhere, she's trying an innovative strategy: suing the Securities & Exchange Commission, alleging that the SEC was negligent in failing to detect and put a stop to the financial crime in progress. Ms. Molchatsky filed an administrative claim for relief, and if the SEC doesn't respond or negotiate within six months, she will have the option of suing the Commission in federal court.

SEC Chairman Christopher Cox has already admitted that the SEC failed to respond to specific and credible allegations of wrongdoing by Mr. Madoff over the years and said that he was "gravely concerned by the apparent multiple failures over at least a decade to thoroughly investigate these allegations."

Still, experts say it will be an uphill battle to win any damages from the SEC. As Law Professor Gregory Sisk said (subscription required) in The Wall Street Journal, "The government undoubtedly would argue that if liability is imposed here it creates a disincentive for the government to do any regulation in the future."

Of course the SEC screwed up badly here, but that's nothing new. If the SEC were held responsible for losses incurred as a result of its many failures to do its job, the damages would make the $700 billion bailout look like a breakfast buffet at Friendly's.

As the story unfolds, winning investors find that even though they took their funds out, they may have to repay some of their gains. That's because of something called "clawbacks." A court could rule that anyone who gained money from Madoff's Ponzi scheme must repay some of the gains even if the person had no idea the gains were fraudulent.

When it comes to a Ponzi scheme, unknowing early investors make their profits because the money from later investors is used to pay those profits. In the New York Times story this morning, the Times reviews the records of one investor who made millions with Madoff, even though he still had several million dollars in his account when the fund collapsed last week. The Times did not reveal his name because he is afraid he could be sought out to repay some of his gains.

Based on previous court rulings involving other frauds, winners have reason to worry. In past scandals they have had to give up some of their gains to even up the losses. Losers are likely to receive just 20 to 40 percent of their original investment. Clawbacks will help in an attempt to repay some of the losses.

Clawbacks could impact investors who received gains over the last six years, but how far back the courts will decide to go will be determined in the future when all the facts are known. Some believe investors could also sue other investors who drew them into this fraud. Whatever happens Madoff-related lawsuits will probably fill the courts for years.

Right now the Times reports only $20 billion of the possible $50 billion in losses have been identified, but more losers are expected to come forward. The $50 billion estimate is the number suggested by Madoff when he confessed to the fraud.

Lita Epstein has written more than 25 books including "Reading Financial Reports for Dummies."

Regulators did not just drop the ball in the Bernard Madoff scandal. They never held it in the first place.

According to the Wall Street Journal, the SEC discovered in 2006 that Madoff had misled the agency about how he managed customers' money. Moreover, investor Henry Markopolos spent the past decade trying to convince the agency that Madoff's returns were too good to be true. Markopolos and his friends tried to replicate his returns using complex mathematical models and could not.

Barron's reported that no one understood how Madoff made money and that the investors were pressured to never reveal that they had money with him. Ever hear of an asset manager who did not want rich people to brag about how well they did with them? But people did not need to try that hard to figure out that Madoff is a crook. All they needed was common sense.

Anyone who promises investors consistent double-digit returns is either a crook or a fool. The stock market does not work that way. It never has. The one aspect of this scandal that baffles me is how Madoff was able to convince sophisticated people at banks, charities and some of the nation's wealthiest families that the reality of the market did not apply to them.