Some thoughts on the Madoff affair:
First, nothing I say should be interpreted as a defense of Madoff. I think he deserves every minute of the sentence he got. I have absolutely no sympathy for him. I also think his sons were in on the whole thing, and there’s a good chance his wife knew what was up too. And his accountants. And any number of his employees. It is simply not possible that he ran an operation on that scale entirely on his own. I’d like to see them all do time. After due process, of course.
That said, here’s what bugs me about the whole thing. It was fairly common knowledge in the financial industry that Madoff was up to something. I have access to a fair amount of gossip in that area, and the first time I heard Madoff’s name mentioned, with the implication that something questionable was going on, was quite a while before his arrest. People weren’t quite sure what exactly he was doing, but they were pretty sure it was something fishy. Most seemed to think it was some kind of insider trading, most likely front-running. Harry Markopolos is the only one of whom I’m aware that mentioned the possibility of a Ponzi scheme (at least in writing).
The people who ran the feeder funds (i.e., people who held themselves out as hedge fund or other investment fund managers, but who simply put all the money that came to them into Madoff’s fund(s)) absolutely knew something was up. They had the expertise to know, and they went ahead and put their money into Madoff’s operation anyway, without doing any due diligence whatsoever, without any evidence that Madoff had executed so much as a single trade in years.
Many, maybe most, of the people who put their money into Madoff’s operation knew that the returns they were getting year after year were implausible, if not actually impossible. Many (maybe not most) were in a position to hear the gossip on Wall Street about Madoff’s impossible returns, and the ways in which he was achieving those returns (we’re back to the insider trading or front-running thing again). They didn’t care, as long as they got theirs.
And Madoff isn’t the only one, not by a long shot. There have been a couple of arrests, a couple of SEC actions, and there will be more.
But nobody cared, as long as the money was rolling in.