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Madoff Victims: The SEC Failed Us and SIPC Is Trying to Scam Us

Posted Jun 30, 2009 07:00am EDT by Aaron Task in Investing, Newsmakers
Bernie Madoff's victims cheered when U.S. District Judge Denny Chin handed down the maximum150-year sentence Monday.

But Madoff's investors are far from satisfied and many are giving a Bronx cheer to Federal regulators for falling to stop the Ponzi scheme in the SEC's case, and the Securities Investor Protection Corp. (SIPC) and IRS for now delaying restitution payments they feel are due.

After first investing with Madoff in 1991, Cynthia Friedman's family put the rest of their life savings in what turned out to be a Ponzi scheme in 2004. "Had the SEC done its job years ago, we would have at least had that money," Friedman says, expressing outrage at the SEC for failing to follow the "road map" provided by would-be Madoff whistleblower Harry Markopolos. "I just don't understand how they could have possibly ignored that," she says.

Jen Meerow, whose parents lost their retirement savings investing with Madoff, discussed her frustrations with SIPC, which she says treats feeder funds like Tremont as one customer, meaning all of Tremont's clients are going to split one $500,000 check (the maximum covered by SIPC) vs. each individual getting up to that amount.

Meerow also expressed frustration with the IRS for not doing more to help investors who'd paid taxes on the (now phony) Madoff gains over the years.

While each has their own particular focus and frustrations, both Meerow and Friedman stressed that the failure of regulators is bigger than them as individuals, or even just the huge Madoff scam.

"It's not just us. If [regulators] don't live up to their responsibility to us - why should they live up to them for you, or anyone else?," Freidman says. "It's in your best interest to help us make systemic changes in the investment industry - make it real this time."

158 Comments

Owns Obama
Owns Obama - Tuesday June 30, 2009 07:28AM EDT

Harry Markopolis first complained to the SEC numerous times in 2000. The boss was Bill Clinton. The SEC chairman was Arthur Levitt.

Yahoo! Finance User
Yahoo! Finance User - Tuesday June 30, 2009 07:41AM EDT

Was Madoff even an SIPC member? Doubtful. I truly appreciate the arguments against the SEC, I share the same views. The SEC has lost all credibility, and should be dismantled in order for any faith in securities regulation to exist. The fact that the SEC will live to fight another battle, in my mind, is absurd. Vilifying the SIPC is not the answer. Was Tremont paying SIPC dues? Again, highly doubtful. Those SIPC checks really are just a federal gift to swindled investors. And to those those investors who had more than 25% of their savings with Madoff/Tremont, some words of advice they already know: diversify, diversify, diversify.

Yahoo! Finance User
Yahoo! Finance User - Tuesday June 30, 2009 07:43AM EDT

Was Madoff even an SIPC member? Doubtful. I truly appreciate the arguments against the SEC, I share the same views. The SEC has lost all credibility, and should be dismantled in order for any faith in securities regulation to exist. The fact that the SEC will live to fight another battle, in my mind, is absurd. Vilifying the SIPC is not the answer. Was Tremont paying SIPC dues? Again, highly doubtful. Those SIPC checks really are just a federal gift to swindled investors. And to those those investors who had more than 25% of their savings with Madoff/Tremont, some words of advice they already know: diversify, diversify, diversify.

David
David - Tuesday June 30, 2009 07:45AM EDT

Was Madoff even an SIPC member? Doubtful. I truly appreciate the arguments against the SEC, I share the same views. The SEC has lost all credibility, and should be dismantled in order for any faith in securities regulation to exist. The fact that the SEC will live to fight another battle, in my mind, is absurd. Vilifying the SIPC is not the answer. Was Tremont paying SIPC dues? Again, highly doubtful. Those SIPC checks really are just a federal gift to swindled investors. And to those those investors who had more than 25% of their savings with Madoff/Tremont, some words of advice they already know: diversify, diversify, diversify.

Yahoo! Finance User
Yahoo! Finance User - Tuesday June 30, 2009 07:47AM EDT

It's no wonder people are buying gold when you cannot trust the monitors of, or the insurance behind, the investment industry!

Yahoo! Finance User
Yahoo! Finance User - Tuesday June 30, 2009 08:04AM EDT

never fear. SEC will crucify Stanford, pat themselves on the back and go back to sleep for another decade.

Art
Art - Tuesday June 30, 2009 08:13AM EDT

Regulations have proven to be a failure. Regulators and politicians can be bought while the crooks work around the regulations. In the long run, the market is the only regulator and people should be careful who they trust with their money. Caveat emptor!!!!

- Tuesday June 30, 2009 08:21AM EDT

Hey Johnny Ike- learn to spell. Better yet get a coherent thought.

vi_veritas
vi_veritas - Tuesday June 30, 2009 08:23AM EDT

What kind of idiot puts ALL of their life savings into a SINGLE investment?

Thrift Maven
Thrift Maven - Tuesday June 30, 2009 08:24AM EDT

Christopher Cox, SEC Chairman, = Republican. He also failed his constituents in Orange County, Ca. on gun control.

Norman
Norman - Tuesday June 30, 2009 08:25AM EDT

I think it is pretty clear, although we all seem not to want to admit it. The SEC knew what was going on. They allowed it to continue, thinking that it will never come to the point that it has. No-one can with a straight face tell me that the SEC (Their job is to police the system) did not know this was a scam from the first detailed complaint. There is WAY more to this then we will ever know. Wait till the domino's start to fall, and they will fall. The names that get tied to this scam will shock the world. Tooler

Andrew P
Andrew P - Tuesday June 30, 2009 08:31AM EDT

Send Gov't regulators to prison for 150 years.. Their crimes are as big as Madoff's. ok let's show some mercy. 100 years.

Jack
Jack - Tuesday June 30, 2009 08:31AM EDT

Quit your crying Madoff investors,aka enablers. He wondered why the baseball kept getting bigger. Then it hit him.

Jack
Jack - Tuesday June 30, 2009 08:33AM EDT

Quit your crying Madoff investors,aka enablers. He wondered why the baseball kept getting bigger. Then it hit him.

Ditch Frog
Ditch Frog - Tuesday June 30, 2009 08:38AM EDT

Government only succeeds thru its own failure.....thats the game....taxpayers using FIAT money,... are the pawns.......and prey....it is all a scam......,.a government sanction scam.......they need you to die before you collect on the big Ponzi Scheme.....Social Security...."trade in your hours for a handful of dimes"....The United States is Governed by Crooks and Con Artist........Change!!! Yeah.....on down the line.........Sugar Poisioned American Brains.....

timby
timby - Tuesday June 30, 2009 08:40AM EDT

This is not the first time the SEC has failed the public. If you look into the very recent past you'll see they have been the head of several debacles of which they give pat answers "We're sorry", We didn't have enough people in place, or we didn't know. Excuse me but that is their responsibility. If they can't provide adequate protection from these thieves (AIG, GM, Chrysler, Madoff, WAMU, etc...) then fire the lot of them and start over.

Yahoo! Finance User
Yahoo! Finance User - Tuesday June 30, 2009 08:44AM EDT

Arthur Levitt, SEC Chairman = Democrat. Guess he didn't know what the definition of "is" was either. Get a life, Thrift Maven, it's equally bad on both sides of the aisle.

Stock B
Stock B - Tuesday June 30, 2009 08:46AM EDT

Madoff Investors: Look in the mirror and say to your self that I paid the price because I wanted 15% return and I knew the risk. There many investors on the same boat of greed. Say that I will not make this mistake again, the smart people got 3 to 4% return. Say that I should blame myself and NOT any other person or government agency. When you can not sleep, read this note 1000 times and I assure you that you will go to sleep because you knew what your getting in to "risk reward" why we should pay for your grid while I earned 5% from last 30+ years.

Stock B
Stock B - Tuesday June 30, 2009 08:46AM EDT

Madoff Investors: Look in the mirror and say to your self that I paid the price because I wanted 15% return and I knew the risk. There many investors on the same boat of greed. Say that I will not make this mistake again, the smart people got 3 to 4% return. Say that I should blame myself and NOT any other person or government agency. When you can not sleep, read this note 1000 times and I assure you that you will go to sleep because you knew what your getting in to "risk reward" why we should pay for your grid while I earned 5% from last 30+ years.

Yahoo! Finance User
Yahoo! Finance User - Tuesday June 30, 2009 08:46AM EDT

1. Johnny Ike - Learn how to spell and try to proof read what you have written and ask yourself this question, "Does this make sense or does it sound like a donkey wrote it?" 2. Anyone who thinks this is all one big conspiracy between the government (SEC, SIPC, IRS) and Madoff needs to quit dropping acid. 3. These investors should have used common sense and asked questions like...How on earth is it possible for Madoff to be achieving these returns?...Is my money really insured if I invest through an intermediary?...Am I a complete idiot for not diversifying? 4. The SIPC has ABSOLUTELY ZERO responsibility to pay victims any amounts in excess of what is insured according to regulations currently in place. How stupid does it sound to say, "I should get the value of my account per the statement I last received from Madoff?" Do people really think they should be paid for fake gains? Investing has risks and people should know that one of those risks is fraud!

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