Many of the people who lost money in the alleged fraud case involving Bernard Madoff were sophisticated and successful. It may be surprising to learn that those investors put billions of dollars into what is being labeled as one of the biggest Ponzi schemes in history. The sums may be shocking, but the dynamics at work in the case are familiar.
How could the SEC let this happen?Madoff and his firm, Bernard L. Madoff Investment Securities LLC, were subject to oversight by the SEC. He didn't run a
hedge fund, but some investors who gave Madoff and his firm money to manage have already described management tactics that were secretive at best, akin to the experience some investors have with hedge funds.
The SEC has a broad oversight mission that includes watching over securities exchanges, brokers and dealers, investment advisers and mutual funds. So with all this regulation, how could Madoff's alleged Ponzi scheme happen?
Critics say the agency fell down on the job.
"It's a huge failure," says Stephen Davis, a senior fellow at the Millstein Center for Corporate Governance at the Yale University School of Management. "Here you have an agency that is relied on as the investor's advocate. They let this one go. It's just so big that it dwarfs the size of many of the funds the SEC is supposed to regulate, and yet they seem to have missed the boat."
Davis says it's not just a case of hindsight. He says some of the warning signs the SEC should have seen include the firm's caginess about what it disclosed and that it was using a small, unknown auditor to handle such a large fund.
How do I avoid falling prey to one of these schemes?
It's not an easy task, especially if someone has an illustrious list of clients that he can use as references. But if a fund promises returns that are so out of whack with what well-managed and respected funds are able to deliver in the same market conditions, then that could be a warning sign.
In addition to relying on common sense, investors also need to do some of their own homework to gauge whether a fund and its investment manager are trustworthy. If it sounds too good to be true, then it probably is. And that may be reason enough to walk away.
It's also important to read your financial statements. You should be able to tell if your money is invested in stocks, bonds, commodities, real estate or money markets. If you have no idea what kind of assets the fund or management company is investing in or if you can't tell from your statement, that's not a good sign. And if the statement just contains the "opening" and "closing" balance, then that's not adequate disclosure.
It's also not a good idea for investors to have all of their assets tied up in one fund or with one investment adviser. If the fund or adviser doesn't have a long track record and an established reputation like Vanguard, Fidelity Investments or Charles Schwab, then do your research before investing. Is it registered with the SEC? Find out if there's any track record of complaints, lawsuits, fines or violations.
The SEC has a broad oversight mission that includes watching over securities exchanges, brokers and dealers, investment advisers and mutual funds. So with all this regulation, how could Madoff's alleged Ponzi scheme happen?
This incident may hasten changes to the financial landscape. It's likely to become one of many issues that will go under the microscope in 2009 when consumer advocates, federal regulators and Congress weigh in on financial regulatory reform.
Joshua Brockman With additional reporting by NPR's Jim Zarroli and The Associated Press