Okay, let’s point out the obvious: the fact that Bernie Madoff was a crook was known to every competent financial professional. If they didn’t know that, it was because they weren’t competent or they didn’t want to know and if they didn’t want to know, they weren’t competent. It is impossible to make 1% a month, every month. Impossible.
Professionals know this, so they assumed Bernie was was crook, they just assumed he was a more sophisticated crook than a Ponzi scheme artist: they believed he was doing insider trading or some such. And he probably was, for many years, because a Ponzi scheme can only run for so long. But eventually he didn’t make his returns, and he had to start using premiums to make them up. And from there, each month he would have fallen further behind. This was inevitable, again, because it is impossible to make 1% a month consistently, forever. You will eventually not succeed. This leads to the most important rule of buying or investing in anything, the one rule you must remember if you want to not be taken in by crooks like Madoff (or something like Enron):
If it’s too good to be true, it’s too good to be true.
Rule #2:
There’s No Such Thing As a Free Lunch.
What is going to become undeniable over the next couple of years (it’s already obvious) is that the majority of "profits" generated in the last 10 years weren’t. They weren’t real. They didn’t exist. They were based on fraud.
The vast majority of Collateralized Debt Obligations (CDOs) were based on mathematical models that didn’t work, and that couldn’t work, because they assumed there would never ever be a recession again. Not a depression, just a recession. As my friend Stirling Newberry used to say "the next recession is like death, it’s a metaphysical certainty. We don’t know when it will happen. We know it WILL happen." The majority of mortgages were sold with a risk model that assumed that housing prices would never decline and that there was no housing bubble. Again, these were fraudulent assumptions. Anyone who wanted to know we were in a bubble knew, anyone who didn’t know was a crook or incompetent.
The worst thing about this is that an honest business can’t compete with a crooked one. You can’t make the same profits as a corporation whose business model is based on fraud. So bad business forces out good business. Everyone is either forced to engage in fraud, or forced to only do the small segment of business which legitimately has very high returns. Normal businesses which don’t engage in fraud or aren’t in extremely high margin niche businesses are either forced out of business or can’t get credit. And business models which only return 5% to 8% a year, which in non-fraudulent, ordinary times, are excellent returns, are never even funded, since all the money is rushing into CDOs, credit default swaps, and crooked businesses which promise higher returns.
Because they aren’t funded we lost huge amounts of real economic growth and in exchange got empty returns which once they were undeniable lead to this financial crisis and economic downturn. In fact, in a real sense, we were in a recession for years, we just didn’t know it. The majority of profits the economy was living off of, simply didn’t exist.
Madoff is just the most egregious example. But he is emblematic of an entire economic era: an era based on widespread fraud and crookedness, and of everyone agreeing to pretend that the profits were real when they knew they were too good to be true. On aggregate, market participants were beating the market. That’s not possible. That’s too good to be true. For years the majority of corporations would beat expectations. That’s not possible. That’s too good to be true.
It was "too good to be true". It was not possible. The majority of it was based on fraud.
And the vast majority of people in business were complicit. If they didn’t know what was happening, they were either incompetent, or they didn’t want to know. And if you’re a small investor who lost a bundle with Madoff or somewhere else, the reason you lost it is in part because the big boys all wanted in on the crooked deal, rather than to point out it was a crooked deal.



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It’s amazing how many thought that his crooked scheme was insider trading and they were ok with that.
Well said Ian. I heard someone commenting earlier today that the CEO of GMAC is somehow involved in the Madoff scandal, and that this does not bode well for GM/GMAC. Any truth to this?
Nanute
Do the greedy forget the old chestnut, “If it sounds too good to be true then ….”
back in the 80s madoff drew some fire from growing his business by paying for trades and making a market for some issues. so, what he saw was a way to profit from the float (and some shenanigans) in the beginning. skimming is not reserved for las vegas. i think it just got away from him.
Your point is valid, but it’s good to note a few honest businesses are surviving. Hudson City Bancorp is one. BB&T is another.
Wait, you mean this whole thing wasn’t the fault of poor minorities getting greedy and buying houses they couldn’t afford? FOX News has been wrong? I’m shocked! Shocked, I tell you! Next you’ll tell me that there really aren’t legions of Cadillac driving welfare queens.
There is a name for this: bezzle.
The term showed up in the NYT blogs recently.
Will no one weep for the rich and powerful?
-G
Thanks Ian.
digg
Rule #3:
When in doubt refer back to Rules 1 and 2.
This is a problem in all the professions, physicians, attorneys, accountants. There are very strong disincentives from ratting out a peer.
Ian, maybe some time in a future post, I’d be very interested in if you’d take a look at how the professions could reform themselves. Perhaps some kind of honor code is too extreme? If you see evidence of fraud, you have to report it to a professional society or the authorities who have jurisdiction. I don’t know, just trying to prime the pump.
I had seen information that the only ‘actual’ growth in GDP in the past decade or so was ‘created’ by the money changing hands at those pay-day lending places. At interest rates at times exceeding 680%, this was/is a high-level scam that just takes money away from people who can ill afford it but who are desperate and ’spreads’ it all around to the wealthy crooks who own those places.
The kind of pay-day-lender states is Utah. Whoda thunk?
I am afraid that there are many who are or are going to be in need of a free lunch. Let us hope that there are those willing to provide one.
475 hrs & 43 min
NYT says today that in 2008 the stock market lost all the gains of the last 6 years and $7 TRILLION in stockholder wealth wiped out.
ya know, that is one thing that i like about some of the muslim beliefs. they don’t care for usury very much. drives the jews crazy.
But look how much they saved in taxes – that’s what is important you know. /s
475 hrs & 36 min
Is Madoff cooperating with the investigators? At first I thougt he was, but since he lawyered up, I’m not so sure. There was mention of an insanity defense.
It would be nice to hoist these greedy bastards on their own petard. CDO’s split income streams. They also eliminate the concept of ownership in the sense of an identifiable entity being entitled to receive the principal and interest from a specific note. This not only makes modification of the mortgages impossible-who is there to agree to terms?-it should make it impossible to foreclose the mortgages as no one has standing to bring the suit. Unfortunately poor people can’t afford lawyers, but legal aid in some places makes these defenses. It’s a good way to level the playing field without printing more dollars.
People still haven’t woken up. Everyday you hear the talking heads on CNBC telling people to max out their 401ks, now’s the time to get in there, you don’t want to take your money out now. Sure, make sure those fees keep on going to the brokerage houses that looked the other way or participated while this was going on.
And politicians are still talking about cutting taxes which is the ultimate free lunch. I keep telling my young kids, you can’t keep buying things with no money. When you want a new game you can’t go to your room and print up some money. When you need new roads and bridges in the area, the money needs to come from somewhere. Sure the Treasury might be printing it, but for every dollar printed without backup the remaining lot is devalued.
please don’t do that. it’s inaccurate to make sweeping statements about any group – and in the midst of an economic meltdown it’s dangerously irresponsible to make them about jews and banking (in times of stress people have been known to look for scapegoats to blame). please.
Another insanity Defense??? Maybe that makes perfect sense since the whole country seems to be screwed up any way. Maybe Dubya’s problem is contagious.
thanks Selise.
Deuteronomy 23:19 Thou shalt not lend upon usury to thy brother; usury of money, usury of victuals, usury of any thing that is lent upon usury:
http://www.bible-topics.com/Usury-or-Interest.html
we already have a large homeless population here in san diego. two homes are in forclosure on my street. cats abandoned. if you can volunteer to help those way down it means so much to them. just a blanket or sandwich or work or some change. it all helps.
Unfortunately they’ve gone after ethnic groups instead of patrician families.
your objection is registered.
Lets just ignore that. Can you find something about gays? /s
475 hrs & 27 min
from this morning:
applies more widely than nations. by all means, let’s hold those responsible to account.
Great explanation…by the way what of the Quadrillion dollars volume of yearly trade in the CDS, CDOs and othe magic paper? As it continues what will it cost us? Do we bail while they sail?
This should be a front page post on every financial paper in print and electronid form. Another well thought out piece.
By the way trolls no one is buying the excuses for Madoff or the rest of the criminals from SEC, BushCo and the Hedge funds. Stealing the national treasuring to fill the vaults of the perps is unaceptable.
many thanks.
i would guess that the feds/ny are lookin fer a charge. he has info on his side. if anyone wants to unravel the mess his cooperation is critical. maybe why he is not in jail.
the statment reminds me of an old WC Fields film – from memory so forgive me if the name is wrong:
“I am reminded of my Uncle Justice J Tredway who just just before they sprung the trap said to me ’son – You can’t cheat an honest man, Never give a sucker an even break, and never try to smarten up a chump”
I mean what happened to “trust everybody but cut the cards”?
If the feds are still looking for a charge they need to be fired.
475 hrs & 21 min
there is the crime right there, they were basing their model on an assumption that was already exposed.
we’ve been in recession for about 5 years and depression for about 2, they were basing their models not on the assumption that there wouldn’t be a recession but that if they say it wasn’t a recession their model would not fail, simply by saying it, false as their claim might have been
Wish I could take the credit for the following but, alas, it was sent to me by a friend.
NOTICE: The George W. Bush Library is now in the planning stages. The library will include:
The Hurricane Katrina Room, which is still under construction.
The Alberto Gonzales Room, where you won’t be able to remember anything.
The Texas Air National Guard Room, where you don’t even have to show up.
The Walter Reed Hospital Room, where they don’t let you in.
The Guantanamo Bay Room, where they don’t let you out.
The Weapons of Mass Destruction Room, which no one has been able to find.
The National Debt Room, which is huge and has no ceiling.
The Tax Cut Room, with entry only to the wealthy.
The Economy Room, which is in the toilet.
The Iraq War Room. After you complete your first tour, they make you to go back for a second, third, fourth, and sometimes fifth tour.
The Dick Cheney Room, in the famous undisclosed location, complete with shotgun gallery.
The Environmental Conservation Room, still empty.
The Supreme Court’s Gift Shop, where you can buy an election.
The Airport Men’s Room, where you can meet some of your favorite Republican Senators.
The Decider Room, complete with dart board, Magic 8-ball, Ouija board, dice, same-sided coins, and 2-way mirrors to look directly into GWB’s or Cheney’s eyes.
The Museum will also have a Lab. with an electron microscope to help you locate any of the President’s accomplishments.
they may or may not have the charge but not the evidence. need both fer a case.
Can we fuckin’ stop with this “aggressive interrogation techniques” bullshit. It’s Torture . . . T-O-R-T-U-R-E. To use any other term adds a despicable air of legitimacy to a war crime.
Money from investors, statements to investors, reality. Fraud maybe?
oops 475 hrs & 10 min
Don’t know how that happened. Sorry previous was for another post.
Here’s the problem with the “too good to be true” rule. Right now, James Simons at Renaissance Technologies is pumping out returns in excess of 20% steadily for years on end. He’s a legendary mathematician and only hires math PhD’s from MIT and the only investors allowed in the fund are Simons and those who work for him.
So, the returns are definitely in the “too good to be true” category…but they seem to be legitimate.
So, I don’t know. I’d be astonished if Simons turned out to be bogus. I think he’s doing it for real…but, after Madoff, who knows?
New Siun post
Madoff is just the tip of the iceberg. There are lots more linked to him, and lots more like him, that we will hear about after the first of the year. This entire Bush Economic Miracle™ was a scam, as anyone with any sense can tell you. There was no real growth, no real new jobs, no real economy.
It’s all illusory.
that may be true short term if it is a hedge fund. if they are doin it all with math they took a bath in 2008. check latest then check the books.
I dunno, Teddy
My losses seem pretty damn real!
FunnyD
Some people make better than market returns. But when everyone is, you know most of them are fraudulent. Simons may or may not be fraudulent, but he’s not letting people in. But I’d be mighty suspicious and even if he checked out, I would never put more than 10% or so of my money with him. ‘Cause it’s probably too good to be true.
The PhD thing means nothing, Long Term Capital was run by PhDs.
Important point Selise. Thanks. When people do great things, sacrifice for the common good etc., their religion or ethnicity is rarely if ever noted. But when a crime is involved……..
The look on his face in all the photos tells me he was an early starter, very likely used a RadioShack TRS-80 (with the programmable audio cassette), never looked back, and never adjusted for the Y2K transition, so, yeah, his TRS-80 could show 1% yields monthly over the 100+ years compressed into 7 or 8 years. An honest mistake.
No, if they are competent enough to know it is crooked they are betting that they can spot the end before others do and get out with their winnings.
But again, that is too good to be true, so their overall competence has been trumped by their greed – or their addiction, like the addicted gambler who thinks that if he gets just one more big win, he’ll come out ahead or at least break even and then quit.
It just suddenly occurred to me that the behavior of the big money bankers resembles that of addicted gamblers. An obsession with the game, a blindness to the risks, and loudly attacking anyone who challenges them. I wouldn’t be too surprised to learn that most of the big money bankers are addicts to their banking.
That would explain their emphatic defense of the free market as it has been run for the last thirty years. They are like addicted smokers who argue so emphatically that they have a “Right” to smoke and that no one else can take that “Right” away.
Our GOP bretherin seem to use the bible somewhat selectively, as they allowed interest rates of 36% on credit cards (An Advanta Credit Card I stopped using).
Usury? At that rate, yes.
Auditors and risk managers are overhead. These are people who cut overhead and lay workers off in order to improve profits.
It’s easier for an ignorant so-called businessman to improve profits by cutting expenses than to act to increase revenues. Expenses show up in the financial statements. Revenue enhancements do not, so there is a great deal more uncertainty about what will increase revenues. That has traditionally been a banker’s blind spot, since they read financial statements but generally do not understand the businesses they lend money to.
Maybe we should make those who know liable. So if a physician knows of a fellow doc who is doing something illegal, he has a responsibility to inform the authorities. There is also a fine for turning someone in who did not do anything wrong (slander(?) is as close as we got to that now).
I am sure that the professionals will claim they are not in the business of policing their peers, but they also know what is most likely a fraud, etc., which places them in the best position of knowing who and/or what is the fraud in question.
Also we need to support those who are willing to be a whistle blower.
Food for thought.
So when the fox controls the henhouse, the fox gets four times as many chickens till there is no henhouse. Got it.
I’m still amazed that the finanical industry makes four times the “salary” as all other industries. For what value added?
It’s not hard to make double-digit returns if you invest in the right industry. Now — what’s been the biggest growth industry with extremely high profitability, a real free market operation that has generated a better product and lower prices?
Right. Consider that Madoff and his smarmy smile after released on bail, he’s really running a double con. Ponzi scheme? Or money laundering until something went wrong.
If you go back in history, there is a strong case to be made that because so many other professions (military, government officials, etc) were closed to people of the Jewish faith they became extremely good at the kinds of things they were legally allowed to pursue. One of those was banking. To imply that all Jews, everywhere, are usurious is ridiculous.
It is equally absurd to imply that that all of the predatory lenders, and people like Sen Phil Gramm and House Speaker Tom Delay — who loosened the US banking regulations — are somehow members of a specific religious faith is, as I hope that you recognize, ludicrous.
“Audits are penetrating and meticulous.”
It is apparent that today’s auditors and the firms they work for have no pencils, only a rubber stamp and some public relations boilerplate.
I felt like I practically lost my voice saying this between 1997 and 2003, after which point I pitched in the towel.
It’s hard, given that experience, to have very much patience or sorrow for much of what we see happening now. Clearly, there were people who didn’t have enough information, background, or perspective to think things through.
Particularly in the housing market, I can honestly say that I saw several really decent developers get totally shafted by ambitious, greed-driven McMansion builders who couldn’t buy enough property fast enough to undercut the few guys who were trying to do a good, environmentally responsible job in the early days of ‘green building’ and basically either threw in the towel, or found another line of work. And now we really need their skills.
Bad business represents huge ‘lost opportunity’ costs.
The economics of allowing bad businesses to run things — and they always do, because they cut corners — is hugely expensive over time.
And the guys who tried to be good, responsible business people?
Now screwed, cynical, and probably not really excited about getting back into construction.
I would definitely agree that Amerika/Wall St has been a ponzi scheme for at least 10 years. Maybe even since Reagan (and they needed ever more deregulation to mask the ever bolder fraud needed to keep the scheme going).
But I don’t buy the part about everyone “knowing” it, or even many of them knowing what they were doing. The hetero white male of the West has been under the delusions of free market magic for over a generation. The typical wingnut listening to Rush is not a dumb plumber or contractor (although there are plenty of those). The typical dittohead/freemarket-true-believer is a small time CPA or lawyer who genuinely believes that they and their kind (white, college edumacated, xtian, middle to upper class) are smarter, more productive and – most of all- more deserving than anyone else in the workforce. They see their relative prosperity as their natural right. Stupid self important men with peabrain, enabling “little ladies” wives who let their men think for them (Michelle Malkin, PamAtlas Slug, I’m looking at you), whom the genuine fraudsters co-opted to enact their legislative and executive branch malfeasance (not that the fraudsters, politicians, and overpaid CEOs lacked the same selfimportant delusions).
My mother and a couple of my sisters fall into that peabrain category, and I learned over the holidays from these dumbasses (who couldn’t pass Econ 101 if it was on a microscopic chip encased in a gelcap laxative) that our current problems are “not that simple” (when they heard me blame the Republictards’ deregulation and lack of oversight for this mess). Apparently they have learned from their husbands that this mess is due to minorities buying houses they should have known they couldn’t afford (which sounds like the fault of bleeding heart liberals). See? It’s THAT simple.
I foresee a very, very rude awakening for these people. Even ruder than their liberal son/brother/brother-in-law. Actually, I don’t ever foresee them waking up. But this society will definitely get very ugly in the next few years when reality tries to insert itself into their delusions.