Well Well Well.... Banks Aided Madoff?
The Market Ticker ® - Commentary on The Capital Markets
Posted 2010-12-05 23:45
by Karl Denninger
in Corruption
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Well Well Well.... Banks Aided Madoff?
 

Looks like we have two lawsuits now....

First there was JP Morgan:

The trustee liquidating Bernard Madoff’s former investment firm sued JPMorgan Chase & Co. for $6.4 billion over claims the bank aided and abetted the imprisoned con man’s fraud.

“JPMorgan was willfully blind to the fraud, even after learning about numerous red flags surrounding Madoff,” David J. Sheehan, counsel to Picard, said in the statement. “JPMC was at the very center of that fraud, and thoroughly complicit in it.”

Heh heh..... and now we have this:

Picard alleges HSBC helped funnel more than $8.9 billion to Madoff through a dozen so-called feeder funds based in Europe, the Caribbean and Central America. He also says it ignored warnings from its own accountants that his phenomenal investment record was suspect.

Oh, a little offshore game-playing is being alleged is it?

It's getting a bit warm in Bankersville...... while the Banksters may be able to bribe Congress, it's a bit harder to deal with the court system.

The wheels of justice do grind slowly, but their grinding is inexorable, especially when there are people with funds and a grudge on the other side of the courtroom.  As with the circumstances surrounding so-called "Mortgage-Backed Securities" (which may not have actual mortgages in them) I suspect these cases, along with the others that Picard has filed (there are several more) ought to prove most-interesting in the coming months and years.

Remember, in a civil lawsuit you only need to prove preponderance of the evidence - if he's got evidence that the banks ignored their own risk departments who questioned the authenticity of Madoff's scheme (and it appears, from the reporting, that he says he does) these banks could be cooked.

I'll be watching developments in these cases very closely.

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User Info Well Well Well.... Banks Aided Madoff? in forum [Market-Ticker]
Throxxofvron
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Cayman Islands Postcard sez:

'I wish Your dollars were here.'

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DIONYSUS: " Thou hast no knowledge of the life thou art leading; thy very existence is now a mystery to thee. " -from 'The Bacchantes' By Euripides “During times of universal deceit, telling the truth becomes a revolutionary act.” -George Orwell
Spence
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It will be very interesting if this makes it to court, would love to see them squirm.

Also in the news, a Madoff wanna-be Ponzi scammer was arrested in LA this week. It was only $11M, chump change compared to Madoff.

http://abclocal.go.com/kabc/story?sectio....

Excerpt:

Quote:
BEVERLY HILLS, Calif. (KABC) -- Federal authorities say the owner of a Beverly Hills consignment store on Bedford Drive was running a Bernie Madoff-type Ponzi scheme and swindled $10.9 million from 180 investors.

Half of those investors lost most of their money, prosecutors allege.

"It is just egregious. It's a stinging loss. It's a betrayal of their trust," said assistant U.S. attorney Kerry O'Neil.

Rosi Ray, 56, also known as "Rose Ray" and "Gloria Lujan," was arrested at her store on Thursday and is accused of five counts of wire fraud.

According to federal investigators, Ray told investors she would use their money to buy court-ordered monetary settlement annuities from accident victims over a two-year period.

"The defendant lied to her investors, said she would purchase those annuities at a discount, and in turn, go to an insurance company and get the full amount of the settlement in a lump sum and hence make the profit from the difference, and investors believed her," O'Neil explained.

Federal prosecutors believe Ray, who lived in a Beverly Hills duplex, never made any investments but rather used the $10.9 million to pay personal and business expenses. She also allegedly purchased car racing equipment for her son, Keeter Ray.


Detersbb
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I hold no hope of there being a criminal prosecution, but I do find it interesting that these same 2 banks are also named in multiple and for certain1 RICO suit for alleged silver market manipulation that some analysts feel have some merit. Again I do not hope for much of anything to really come of these either because it is those who have money that make the rules and banks within the federal reserve system appear to have ample supply if need be judging by the $9 trillion in borrowed monies.
Bohemian
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The first person to do an extensive interview with Bernie in prison where he spills the beans on the entire banking racket will be very, very wealthy and have a nice book.

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Laststand
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@ Bohemian:

Or will be dead when he gets out of the prison or tries to find a publisher for the said book, but if he can get it to wikileaks in time just maybe that person will remembered as one of the greatest investigators that unveiled the largest scheme in history.
Azusgm
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It is worth remembering that Bernie turned himself in (okay, had his sons turn him in) then copped a plea. He never had to testify in open court. He never had to give a deposition to be used in open court. He now resides in a fortified edifice with armed guards protecting him. Survival has its price.

Luvs_footie
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Damn KD,

just how deep does this bankster crap run?

Wall St needs to be raised to the ground.
Bailout-funder
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Quote:
Picard alleges HSBC helped funnel more than $8.9 billion to Madoff through a dozen so-called feeder funds based in Europe, the Caribbean and Central America. He also says it ignored warnings from its own accountants that his phenomenal investment record was suspect.


FIFYa: you bolded the wrong part. Why did they IGNORE his warnings??? (Hint: no, they are not THAT dumb).

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Popothebright
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Banks = Fraud Factories.

Period.


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In America the choice of political party is little more than a choice of which corrupt management team implements the corporate agenda.
Jubber
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Wow, CNBS actually mentioned it, wonder if they will in US time...

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Popothebright
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Quote:

The wheels of justice do grind slowly, but their grinding is inexorable, especially when there are people with funds and a grudge on the other side of the courtroom.


But if they grind too slowly, the evidence gets lost, swept away and forgotten... New business relationships develop, and fill in the old wounds. What worries me most is that momentum is waning.

Soon what happened in 2007 will start to feel like "old history", and the banksters will say "Oh, you're still going on about *that* old stuff? That was a decade ago."






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In America the choice of political party is little more than a choice of which corrupt management team implements the corporate agenda.
Leicestersq
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Just a question.

Why would the banks care about what Madoff was up to?

If it was just money being forwarded from one of their accounts, are they responsible for WHY someone wants to forward that money? Maybe for small investors their ought to be some duty of care, but the big fish need to look after themselves.

If they dont care, then why would they even look to see if BM was legit?

And if information came into their possession that he might not be legit, what should they do? After all, if they are forwarding money, isnt it up to the individuals to decide what to do with their own money?

Methinks that these banks are being sued because they have capital to go after.

If however, HSBC and JPM were advising clients to go with Madoff, whilst suspecting that he was a crook, that is an entirely different matter.

So were they just forwarding the cash, or advising clients?
Gillianx
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The chances of this actually touching the banks: is there a number less than zero?
Mikeri
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Kudos Karl. We are going to make a lawyer out of you yet. I loved your "preponderance of the evidence" line. Exactly correct. And, in a civil trial, every lawyer, during opening statement, goes over this with the jury, as it is assumed jurors only know of "beyond a reasonable doubt" from the movies and such. Next step, understanding the difference between the "burden of production" from the "burden of persuation". Just because there is some evidence in a deposition or such that condemns the banks, does not establish that fact. It does meet the burden of production, allowing the trial to proceed to the jury. And, don't forget, as Paul Harvey used to say, when the defense brings its case in chief, we will hear "the rest of the story". A trial is like a 9 inning baseball game. In some innings you score runs, in some the other side scores. At the end, the jury decides.

Lastly, I agree with the above post, we will never see criminal prosecutions on any of this horrendous fraud. Poor Martha Stewart.
Jubber
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they can't even arrest his two sons, so how the **** is this going anywhere?

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Zzt
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" while the Banksters may be able to bribe Congress, it's a bit harder to deal with the court system."

A-yup.

**** CONgress, our last hope is the court system. If that fails, **** us.

The SCOTUS is the key.
Snowman
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The JPM case is under seal, the HSBC case I can't find the details of the complaint. But both cases are really interesting.

Banks get sued all the time, "that's where the money is...", and JPM has been getting sued before on the Madoff topic. They were Madoff's main banker. One investor group (MLSMK) lost their suit as the judge said even though JPM could have connected the dots that Madoff committed fraud, there was no evidence presented that JPM had knowledge or actively participated in the fraud, and that the bank has no obligation to 3rd party non-customers. BUt something is very fishy here. JPM pulled $250m of THEIR OWN MONEY out of Madoff's accounts before the **** hit the fan, but so far no one has proven that JPM KNEW about the fraud BEFORE they pulled the money (they claim something wasn't right...). Common sense yes of course, but you need proof. I am lost for words that JPM isn't getting nailed on KYC negligence, but we all know "due diligence and know your customer" doesn't seem ever to be enforced.

HSBC is very different. Here, HSBC actually setting up feeder operations for Madoff, hedged their positions, did the custody etc etc. It appears to be a really symbiotic business deal. They also had (not mentioned in this suit) many feeder funds from their Asian business (HSBC bread and butter). But I would love to see what proof Picard has. It needs to be pretty rock solid and many, many law firms have tried, without success. I don't think anyone has been able to connect all the dots, the law firms seem to poke at one place or another. HSBC can claim stupidity, which isn't illegal.

maybe wikileaks may have answers.
Joesswan
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Indeed Snowman... all of this comes out after the Bankileaks threat. I assume the trustee suit is civil not criminal as well... I lamented at the time that Madoff was able to plead. I assume to save his family, but now we are starting to see why... and just how far up into the banks and government does this go?

The black swan?

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End_the_bubbles
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The banks always knew he was running a scam. How could they NOT know? He never made trades with the money. The banks were complicit in the scam all along.....

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Damnitalready
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Give JPM & HSBC time to give their side of the story, then wikileaks breaks the story with proof that JPM and HSBC are lying.

My (albeit weak) prediction...
Steelhead23
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KYC - Know your customer - banks don't have customers, they have counterparties. From HFC, to front-running customer purchases, to shorting products they originated and sold, the big banks are giant frauds. As such, aiding and abetting Madoff is merely business as usual.

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"Give me control of a nation's money and I care not who makes it's laws" —Mayer Amschel Bauer Rothschild Benjamin Bernanke
For-profit commercial banks are a menace and should be eradicated
Snowman
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@steel +1,000
Steelhead23
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BTW- One wonders if a bankruptcy trustee gets a cut of the take. I suspect he/she would because if not JPM could waive around a few mill and "convince" him/her that there was no case. I have long felt that counterparty and customer suits would be the bank's undoing. I keep waiting for their pals in gov. to ride to their rescue. Don't ask me how, but I'm sure they'll dream something up.

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"Give me control of a nation's money and I care not who makes it's laws" —Mayer Amschel Bauer Rothschild Benjamin Bernanke
For-profit commercial banks are a menace and should be eradicated
Snowman
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Steel, Picard gets 3% of whatever he can recover (legal limit). So, like a shark he is chasing the money. He's already fond $830m. Just another $49 billion to go...
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