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'Multiple Failures' by SEC in Madoff Case: Cox's (Not So) Stunning Confession

Posted Dec 17, 2008 12:24pm EST by Aaron Task in Investing, Newsmakers

With regulators scrambling to clean up the Madoff mess, SEC Chairman Christopher Cox admitted to the obvious yesterday: There were "apparent multiple failures" at the SEC.

Specifically, Cox said "credible and specific allegations" made as far back as 1999 about Madoff's firm "were repeatedly brought to the attention of SEC staff, but were never recommended to the Commission for action."

Cox's admission is more shocking than the idea the SEC dropped the ball, as if that's anything new. In fact, Henry Blodget thinks Cox has essentially admitted the SEC's liability in the Madoff case, which may mean there's another bailout coming.

Meanwhile, revelations that Madoff's niece is married to a former high-ranking SEC attorney named Eric Swanson raises the already incestuous nature of the scandal to true Shakespearean levels. Folks, you can't make this stuff up.

At the end of the day, the (unfortunate) bottom line is there are few good options available for Madoff's investors, and the fund of fund firms that recommended him — notably Fairfield Greenwich Group and Tremont — are in for a world of hurt.

125 Comments

__A_YAHOO_USER__
__A_YAHOO_USER__ - Wednesday December 17, 2008 12:34PM EST

Sounds like team collusion.Tip of the iceberg.

Gusserson
Gusserson - Wednesday December 17, 2008 12:38PM EST

Sounds like the end of the SEC, and another bailout...and the beat goes on.

Yahoo! Finance User
Yahoo! Finance User - Wednesday December 17, 2008 12:41PM EST

Why don't they fire his dumb ass?

Yahoo! Finance User
Yahoo! Finance User - Wednesday December 17, 2008 12:43PM EST

This group of investors will certainly get some form of bailout from the government. It is a fact of life.

kerry b
kerry b - Wednesday December 17, 2008 12:45PM EST

A NIECE??? Yeah, that would carry a lot of weight now, wouldn't it? Talk about jumping to unwarranted conclusions - sounds like the Tech Ticker is out to prove that it can be just as remiss as they are claiming the SEC was. The Tech Ticket sets yet another new standard for ignorant arrogance. Considering Madoff's reputation and former deeds, you'd have to be pretty crazy to belive that he was engaged in any crimes. He advised Congress, for Christ's sake. Try to find a more reputable crook than Madoff. Go ahead Tech Boys.

Peter
Peter - Wednesday December 17, 2008 12:47PM EST

America the Beautiful.

hardykho
hardykho - Wednesday December 17, 2008 12:48PM EST

what was Greenspan doing at that time???? Just enjoying the paycheck and go back to sleep.

charles  hopfl
charles hopfl - Wednesday December 17, 2008 12:50PM EST

The SEC commissioners should all be fired, and all their immunity from being sued should be taken away. The criminal behaviour that they allowed under their watch cannot be understood, other than looking at possible criminal activity.

Yahoo! Finance User
Yahoo! Finance User - Wednesday December 17, 2008 12:51PM EST

they corrupt and control the government and wall street. these peoples are destroying the core of this country.

Bigdgti
Bigdgti - Wednesday December 17, 2008 12:56PM EST

The goverment not doing it's job to protect us. Oh My next they will be ruining our childrens futures with debt from bailing out the banks. Oh sorry they already did that.

sams
sams - Wednesday December 17, 2008 12:59PM EST

The entire STREET is a bunch of CROOKS. The INCESTOUS nature must be in play before you can become a member. MONEYCHANGERS in the Temple is at play here.

airlinemusic
airlinemusic - Wednesday December 17, 2008 12:59PM EST

The money is there, but no flow. His is holding on since its the old run on the ponzi schemes, too many withdrawals always brings them down. Which rich investors wanted their money back, bad bad people.

__A_YAHOO_USER__
__A_YAHOO_USER__ - Wednesday December 17, 2008 01:00PM EST

TO MAKE SEC DO THE BEST JOB..................FIRST THEY NEED CONTACT LENSES SO THAT THEY CAN SEE BETTER...ALTERNATIVES IS TO GET A READING FAIR OF EYE GLASSES TO ALL DEPARTMENT...AND MOST IMPORTANT THE MAGNIFYING GLASS SO THAT THE NUMBER AND LETTER BECAME BIG AND THEY CAN READ PROPERLY........AFTER EIGHT YEARS OF BLUNDER THIS TIME THEY WILL NO MESS AROUND......BUT THEIR TIME IS NOW RUNING OUT......THE BIG BOSS WILL SAY FIRE...WHEN HE CAME ON 20 JANUARY 2009.....THAT THE SAD PART OF IT.......

Yahoo! Finance User
Yahoo! Finance User - Wednesday December 17, 2008 01:02PM EST

Bailout these investors? HEY! They've been "making" ridiculous returns for quite a while. That was really someone else's money. Why shouldn't they give that back?

Reedersong
Reedersong - Wednesday December 17, 2008 01:03PM EST

send SEC to jail.

- Wednesday December 17, 2008 01:07PM EST

A lot of people have asked me why nobody saw what was going on, and I told all of them that when the whole truth comes out, it will show that more than a few people turned a blind eye, first being those whom executed his trades. Anyone doing that had to have seen he was loosing massive amounts of money all the time, but no one wanted to rock the boat, turned the other way, and collected their fees for their part. Truth likely is a lot of people knew what was going on, but only a few said anything about it at most.

- Wednesday December 17, 2008 01:07PM EST

Bailing out greedy investors? Get ready for anarchy................

Carl
Carl - Wednesday December 17, 2008 01:08PM EST

Okay, everyone is bashing Cox - who deserves part of the blame. Well, what about Levitt (SEC Chairman 1993 - 2001), Pitt (SEC Chairman 2001 - 2003), and Donaldson (SEC Chairman 2003 - 2005)? If these "credible and specific allegations" were made as far back as 1999, don't these guys also share in the blame? If you are screaming for Cox to be sued and treated criminally, then all of these other SEC Chairmen should be treated the same way, right? Madoff was commiting this fraud for decades, does this mean that former SEC Chairmen were remiss in identifying the problem as well - prior to 1999? The SEC failed in one of it's fundamental missions. There is no doubt. They should feel the heat and if Congress decides that a new regulatory body should be created, great. As long as the former regulatory agencies are abolished. I don't want a new Department of Homeland Security that just layers another bunch of bureaucrats on top of the existing structure. Regulatory agencies also need to be funded and as independent from political influence as possible. If they answer to the current Administration and take their marching orders from the current President, there is the probability that they will focus on that administrations pet peeves. If they answer to Congress, the same thing holds true. There must be oversight and certainly accountability to Congress and the Administration, but to populate the SEC with political cronies (which ALL administrations have done) is to invite a repeat of the current failure.

PEZGUN
PEZGUN - Wednesday December 17, 2008 01:08PM EST

Chris knows what's coming. It pays to tell the truth when you're caught flat-footed. Unfortunately, he may find the court of public opinion has a hanging judge right about now ... SOX it to the SEC!

PEZGUN
PEZGUN - Wednesday December 17, 2008 01:09PM EST

Chris knows what's coming. It pays to tell the truth when you're caught flat-footed. Unfortunately, he may find the court of public opinion has a hanging judge right about now ... SOX it to the SEC!

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