7

What the SEC did wrong with Madoff

Seal of the US Securities and Exchange Commission

To view this content, Javascript must be enabled and Adobe Flash Player must be installed.

Get Adobe Flash player

TEXT OF STORY

Stacey Vanek-Smith: The Securities and Exchange Commission has come under fire in recent months. It's accused of letting corporations run wild in the years leading up to the credit crisis. But the SEC's been very busy of late: Filing charges against Bank of America, settling a fraud case with General Electric, and speeding up the pace of investigations.

Next week, all eyes will be on the regulator when the SEC's inspector general releases a report on the Madoff debacle -- basically, how the agency missed Bernie Madoff's decade-long, $50 billion Ponzi scheme.

No question, it's been a rough time for investors. And, as Marketplace's Steve Henn reports, it may have been even worse for the agency that's supposed to protect them.


Steve Henn: Ronnie Sue Ambrosino never imagined she'd spend August in an RV park outside of Phoenix.

Ronnie Sue Ambrosino: Not in my wildest dreams. Yeah, I think the hottest it's gotten here is 115.

But she and her husband are stranded in the desert. They were traveling back from Alaska last December when they pulled into the town of Surprise, Ariz., and found out their entire life savings had been wiped out by Bernie Madoff -- $1.6 million gone.

Ronnie Sue: I'm fearful that the American investor is unprotected. We're unprotected. What makes you think that some of the other broker-dealers that may also look like stellars and rock-solid brokers are not doing the same thing?

Despite their big nest egg, Dominic Ambrosino says he was really just a working guy from New York.

Dominic Ambrosino: Yeah, I was a New York City Department of Corrections officer.

A prison guard on Rikers Island. Ronnie Sue was a computer analyst. But they were frugal

Dominic: Frugal is putting it mildly. We saved for our future. We banked everything that we could.

For years they clipped coupons, worked overtime, and then sold their house and invested all of it with Madoff. The plan was an early retirement traveling across America in their RV.

But now that's history. It costs about a dollar a mile to keep their rig on the road.

Dominic So, to get across the United States to go to Florida -- a 2,500-2,600 mile trip -- would be $2,500 or $2,600.

So the Ambrosinos are stuck. They blame Madoff, but they also blame the SEC.

Ronnie Sue: How can anybody trust the SEC.

Dominic: We have our money in a viable institution and nobody was there to check. I mean, if I went to work every day at the Department of Correction and just left the door open and let the inmates out.... That's my job to keep them in line, keep them behind the gate. Did anybody do that at the SEC? Absolutely not.

Back in Washington, it's Robert Khuzami's job to close the gate and restore that trust. He's the new head of the SEC's enforcement division. When he took the reins four months ago the outlook for the agency was grim.

Robert Khuzami: There had obviously been a great deal of criticism about the enforcement division in particular.

It can be hard to remember now, but Jack Coffee, a corporate governance expert at Columbia University, says less than a decade ago the SEC was an investor watchdog with teeth. The damage to the agency's reputation didn't happen overnight.

Jack Coffee: Well, I think any government agency is going to be influenced by the people at the top. And the people at the top believed in deregulation. They did not believe in close governmental supervision.

Under the Bush administration most political appointees in the agency believed less regulation would create more dynamic markets and spur economic growth. But some investigators at the SEC say they were hamstrung and often had to get the full commission's approval before making relatively minor decisions.

James Coffman: I left disappointed.

James Coffman was an SEC enforcement attorney for 27 years before he retired two years ago.

Coffman: I was disappointed that the enforcement program was not getting the support from the Commission that we had in the past.

During the late 80s, Coffman investigated the junk bond king, Michael Milken, and helped send him to jail. But in Coffman's final years at the SEC, he says staff judgments were routinely second guessed and investigations bogged down.

Coffman: There was a level of distrust, I thought, between the commission and the staff that was unusual in my experience.

It didn't make it any easier to catch crooks or enforce the law. But everyone I talked to now says things inside the SEC are changing. Frontline investigators have more power. They can issue subpoenas and push investigations forward on their own. They're creating new specialized units to police complex markets like credit default swaps. And the pace of investigations and new cases is accelerating.

So does this mean the SEC's turned a corner? Jack Coffee at Columbia says maybe.

Coffee: There has been a change in morale. The SEC is now seeking to be a tougher, stronger enforcement agency and has totally reorganized its enforcement division. But I'm not sure that all is bliss down there yet.

The agency's reputation is still clouded by Madoff and the entire country may have a tough time moving on. Madoff's victims, like Ronnie Sue and Dominic Ambrosino, can't.

Dominic: Upset? Of course I'm upset. I should be traveling the country right now, doing what I want to do. What am I doing? I'm stuck in Arizona.

In the middle of August, with hardly a dime to his name.

I'm Steve Henn for Marketplace Money.

About the author

Steve Henn was Marketplace’s technology and innovation reporter for the entire portfolio of Marketplace programs until December 2011.
Richard Friedman's picture
Richard Friedman - Dec 30, 2009

The comments about "eggs in the basket" and your take on "greed" are irrelevant. What is relevant is that SIPC is a sham organization, created to lull American investors into thinking that they are afforded protection if a broker/dealer fails. Not only does it not afford protection mandated by law, but it makes up its own laws to suit its means (not to pay out), and is also barred by stature from doing so. All Americans should be outraged. Let's stop blaming victims, for one day you may become one, and instead put the blame squarely where it belongs: on the SEC and SIPC.

Johnboy Walton's picture
Johnboy Walton - Aug 27, 2009

The SEC was the proverbial "employee" hired by the American public to keep us safe from the Mafoffs.

Securities auditing wasn't rocket science- check the assets on client statements vs firm depository balances- if the two didn't balance, something was wrong.

I can only envision an "employee" (SEC) asleep at their desk for the past 25 years.

Those at the SEC responsible should be sharing a cell with bernie.

And their employer (every citizen) should be digging in their pocket to apologize for allowing a poor excuse of an employee to keep their job those 25 years.

Bottom Line? Madoff wasn't the only one guilty here, please include the SEC for gross negligence, and the American public for turning a blind employer's eye for so many years.

How do I know this? I worked in the securities industry for 13 years when I discovered negligence by my employer. I reported it to the SEC and filed for whistleblower protection. The SEC never bothered to contact me to further investigate...and the Dept of Labor decided that my fortune 500 employer, by placing home office employees in a private sub-corp, didn't have to comply with Federal Whistleblower law. I could only but shake my head and change careers.

Jerry Robinson's picture
Jerry Robinson - Aug 23, 2009

419s....

ANOTHER scam - that nothing is ever addressed by our Friendly Feds...

you might filter... :>

Ronnie Sue Ambrosino's picture
Ronnie Sue Ambrosino - Aug 23, 2009

I am the person who was interviewed and would like to simply clarify one point-It doesn't matter where my eggs were. It doesn't matter what rate of return I received. It doesn't matter if my nest egg and all that my husband and I worked for is gone or not. These are variables and subjective to each individual investor (Madoff/Sanford/Petters, etc).
What does matter and what is an irrefutable fact is the failure of the agencies to detect the fraud (even after multiple warnings from outside the SEC and within ,by its own employees).
Additionally, the SIPC "protection" that was promised on every trade confirmation we received is being denied to investors who, by law, are entitled to it.
Please don't confuse your facts. Please don't judge whether fraud victims 'deserve' restitution. The issue that needs to be addressed is whether the laws, as written, are being upheld.
I truly hope that no one else ever experiences the devastation that has come upon the investors.
And equally important, I hope that each of your who are reading this comment never need to rely on the protection of these agencies, or FDIC for your finances.

Richard Friedman's picture
Richard Friedman - Aug 23, 2009

Apparently it has become the "American" thing to do to blame the victim. Never mind that Madoff is the convicted criminal; never mind that the SEC was asleep at the wheel. Let's forget how much Wall Street was returning in the 1990's (30 to 40% annually) when Madoff investors thought they were getting a conservative return of 10 - 15%. Madoff continued to fool investors this past decade by using the same short term trading strategy, so why should investors think the returns should be any different. But that's not the main point. Besides tens of thousands of people losing their life savings, there is the fear that there are hundreds, if not thousands of other scam artists out there, and as the Stanford case has shown, its just a matter of time until more people find out that their life savings don't exist anymore. "All the eggs in one basket." Yup, hindsight is 20-20. Madoff investors thought that they had a diversified portfolio of 30+ blue chip stocks and US Treasury bills. Today, the definition of eggs in one basket must be changed to investors trusting thier portfolios to several brokers at the same time. How many presently do that?

Ronnie Sue did not control the interview, but it should be stated that SIPC, "investors first line of defense" have not only failed the Madoff investor but have failed the American people. No investor can realistically feel secure in the knowledge that if their broker fails, that they will be protected up to the maximum allowed by law. SIPC has ignored the laws that created it plus ignored the way it has always responded to victims of Ponzi type schemes.

Don't laugh, the next person to be victimized may be you, both by the thief, and the agencies created to protect you (the SEC and SIPC), both that have miserably failed.

Todd Fogelberg's picture
Todd Fogelberg - Aug 22, 2009

Your story about the Ambrosinos' is misleading. You make no mention of SIPC coverage, his pension, and social security benefits. They put all their eggs in one basket - whose fault is that?

John Witte's picture
John Witte - Aug 21, 2009

These guys were WAY to GREEDY. C'mon, people expecting/looking for sustained yields of 10++% are naive to say the least and, more likely just plain greedy at te expense of rationality!