Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Fairfield Greenwich Fund Plans to Sue Madoff
CNBC ^ | December 14, 2008 | Charlie Gasparino

Posted on 12/15/2008 2:55:41 AM PST by CutePuppy

Fairfield Greenwich Fund Plans to Sue Madoff

Posted By: Charlie Gasparino | On-Air Editor

Fairfield Greenwich, one of the big feeder funds, is planning a lawsuit against Bernard Madoff, the New York money manager accused of running what prosecutors say was a $50 billion Ponzi scheme.

In the lawsuit, Fairfield is expected to say it was a victim of fraud and that Bernard L. Madoff Investment Securities didn't do enough due diligence when it marketed Madoff's investment business to clients.

Fairfield did its own due diligence, hiring auditors and checking trade confirmations.

Madoff had produced the confirmations but Fairfield claims it went to third parties to make sure trades took place and found out they did.

That could mean that this scandal is much bigger than previously thought.

Part of the defense of the feeder funds will be the extent of the involvement the Securities and Exchange Commission had with Madoff's investment activity that goes beyond what the SEC stated on Friday.

Fairfield will claim that when the SEC recently looked into whether Madoff should be registered as an investment adviser, they made some inquiry into Madoff's investment activities and were fooled — as were the feeder funds.

Madoff sold himself as a solid investor who didn't shoot for huge returns, just stable returns.

He was able to capitalize on several converging forces: the tremendous amount of wealth created during the 1990s and into the current decade, how investors got burned in 1998 during the blow up of Long Term Capital Management and the implosion of dot-com stocks in 2001.

His 8 percent to 12 percent returns were a stark contrast to high-flying returns, which later blew up.

He used that as a marketing play, as well as the fact that his funds were technically closed — the exclusivity added to the appeal. Madoff would let people in, but only only after some consultation.

The more he did that, the more people wanted to get in.

Madoff complained to officials at Tremont, another feeder fund, about mass redemptions from Europe two weeks ago according to sources. It was around that time that he began contemplating hiring an attorney, the source adds.

According to people close to Madoff he contacted Ike Sorkin after his arrest when he was in FBI custody.

There is a rumor among Madoff investors that he has $1 billion stashed in an overseas bank account. Sorkin, Madoff's lawyer, would not comment on this.

© 2008 CNBC, Inc. All Rights Reserved

Keywords: BERNARD MADOFF, $50 BILLION, SEC, FBI, FRAUD, CRIME, WALL STREET TRADER, PONZI SCHEME, FAIRFIELD GREENWICH, FUND, FEEDER FUND, LAWSUIT


TOPICS: Business/Economy; Crime/Corruption; Extended News; US: Florida; US: New York
KEYWORDS: bernardmadoff; democrats; fraud; madoff; ponzi; ponzischeme
Navigation: use the links below to view more comments.
first previous 1-2021-4041-48 next last
To: CutePuppy
In any case, I don't see how any of this would apply to "investors" in Madoff or any of these funds, in any way, shape or form. They are not part of banking system that is regulated by or has to borrow from Fed to make consumer or commercial loans.

They are the fat cats that donate big time to liberal campaigns. Liberals will find a way to bail them out just to keep their campaigns funded.

21 posted on 12/15/2008 4:51:24 AM PST by Just mythoughts (Isa.3:4 And I will give children to be their princes, and babes shall rule over them.)
[ Post Reply | Private Reply | To 19 | View Replies]

To: ken5050
Articles speak about Maddoff earning consistent, stable returns.8-12%, year in year out..

plus maybe 20-30% of any profits.. so the net return to investors would be about the same as Treasuries..

Actually, he was only "reporting" consistent profits, not "earning" them. I doubt he was charging 20%-30% of profits, like many newer hedge funds or VC funds that claimed 20+% annual profits, but even after 20%-25% commission of 12% gross profit would leave net return of about 9%-9.5%, which is most times much better than Treasuries. Also, I don't know how Madoff fund worked, but if investors forgone dividends, the money may have been "reinvested" and "compounded" in the account without tax liability at the end of the year, which is not possible with Treasuries.

22 posted on 12/15/2008 4:58:24 AM PST by CutePuppy (If you don't ask the right questions you may not get the right answers)
[ Post Reply | Private Reply | To 20 | View Replies]

To: calcowgirl; Condor51; Just mythoughts; AuntB; Tennessee Nana; TADSLOS
THE GHOULIANI-MADOFF CONNECTION Wonder what Ghouli's holdings look like today?

(September 25, 2006) Ghouliani's Texas law firm "Bracewell & Giuliani" advises Grupo Santander in Acquisition of Leading U.S. Auto Finance Company NEW YORK Bracewell & Giuliani advised Banco Santander Central Hispano, S.A. (SAN.MC, STD.N) (a bank that traded with blacklisted Iranian Bank) in its agreement to acquire 90 percent of the U.S. auto financing company, Drive Financial Services, for approximately US $651 million.

EXCERPT FROM STORY Spanish banking giant Grupo Santander SA, which recently purchased Sovereign, a big US bank, said it placed $3.1 billion of its private banking customers in Madoff's care through its Optimal Strategic. Santander, which has to date emerged unscathed from the global financial crisis, said in a statement on Sunday that its investment fund Optimal had exposure to Madoff Securities of 2.33 billion euros, 2.01 billion of which were funds invested for institutional investors and private banking clients outside Spain. The remaining 320 million euros were part of the investment portfolios of private banking clients in its home country, which are qualifying investors, the bank said in a statement.

"Optimal will undertake legal actions to defend the interests of the shareholders of the subfund," the bank said in a statement on Sunday evening.

Santander said its exposure came from an investment company managed by Optimal called Optimal Multiadvisors Ireland, which was authorized by the Irish Financial Services Regulatory Authority. The Irish-based company had a subfund called Optimal Strategic US Equity which had used Madoff Securities to carry out its investments.

The custodian of Optimal Multiadvisors and Optimal Strategic is HSBC Institutional Trust Services in Ireland, which belongs to HSBC, said Santander.

It said the Santander group also had 17 million euros invested in Madoff-related investments through another fund. In its statement, BNP Paribas said it had no investments of its own in Madoff funds but had risk exposure through its trading business and collateralized lending to funds of hedge funds.

==================================

REFERENCE Gluliani and Texas Gov Perry took land from Texans via eminent domain and handed it over to Spaniards.

Bracewell & Giuliani Firm Advises Cintra in First Privatization of Toll Road in Texas DALLAS (March 1, 2007) Bracewell & Giuliani LLP (Texas-based law firm with global connections) advised Cintra Concesiones de Infraestructuras de Transporte, S.A., a Spanish transportation company, in its successful bid to develop State Highway 121 into a toll road through Collin and Denton counties ("trade road" is four football fields wide). The award to Cintra, approved by the Texas Transportation Commission, is the first privatization of a Texas toll road. Bracewell is acting as project counsel to Cintra with respect to the 50-year concession from the Texas Department of Transportation. Cintra will pay a $2.1 billion upfront and annual lease payments totaling $700 million. "Cintra was awarded this project because of its proven expertise and competitive proposal," said Thomas O. Moore, partner with Bracewell & Giuliani. "This is the largest transportation deal of 2007. This is one of only five deals in the country." http://www.freerepublic.com/focus/f-chat/1803916/posts

23 posted on 12/15/2008 5:14:59 AM PST by Liz (The right to be left alone is the beginning of freedom. USSC Justice William O. Douglas)
[ Post Reply | Private Reply | To 10 | View Replies]

To: CutePuppy; ken5050
........investors' forgone dividends may have been "reinvested" and "compounded" without tax liability at the end of the year........

Wonder if they ever heard of “Fraudulent Conveyance” a legal imperative which means that any proceeds investors obtained through fraud must be returned.....also has tax implications.

"Better be very afraid to open your mail, or your front door, Palm Beachers."

24 posted on 12/15/2008 5:24:23 AM PST by Liz (The right to be left alone is the beginning of freedom. USSC Justice William O. Douglas)
[ Post Reply | Private Reply | To 22 | View Replies]

To: CutePuppy; Just mythoughts
Social Security "lockbox" is used for general expenses fund, and Highway maintenance funds are "borrowed" against for "education expenses" (i.e. Teachers Union), and [reclassified] Military funds are used for construction works, etc. etc.

I believe it is considered fraud to convert public monies designated for one purpose to another purpose.

25 posted on 12/15/2008 5:28:29 AM PST by Liz (The right to be left alone is the beginning of freedom. USSC Justice William O. Douglas)
[ Post Reply | Private Reply | To 19 | View Replies]

To: Just mythoughts
....Hillary knew what was coming, because of the actions she and her hubby took while in office. Fannie and Freddy were the Clintons personified......

No question----her remarks were clearly made to "soften up" the public to the coming crash.

26 posted on 12/15/2008 5:30:32 AM PST by Liz (The right to be left alone is the beginning of freedom. USSC Justice William O. Douglas)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Aussiebabe; CutePuppy
All the money is gone, you can’t get blood from a stone.

That is exactly right.
I have friend - business associate who lost all his money AND the Company he owned exactly because of that.

Unknown to him, he was an early 'investor' in a Ponzi Scheme. When the guy running it skipped town (Chicago area) when the jig was up, the FEDS went after my friend because he had received some early 'profits'.

The Cops finally caught up with the guy in AZ (iirc) with his 'secretary'. After a short car chase he did the honorable thing and blew his brains out. BUT my friend was still on the hook.

27 posted on 12/15/2008 5:36:58 AM PST by Condor51 (The difference between stupidity and genius is that genius has its limits)
[ Post Reply | Private Reply | To 12 | View Replies]

To: CutePuppy

Dollars to doughnuts....this whole operation, especially the part about the so-called “Ponzi Scheme” is a scam to get money out the USA so ‘Bama can’t see it or find it....


28 posted on 12/15/2008 5:51:57 AM PST by mo
[ Post Reply | Private Reply | To 1 | View Replies]

To: Liz

Gee I hope Rooty doesn’t lose all his money in the Madoff scam. His gold-digging (cough) ‘wife’ may dump his penniless butt.


29 posted on 12/15/2008 6:06:50 AM PST by Condor51 (The difference between stupidity and genius is that genius has its limits)
[ Post Reply | Private Reply | To 23 | View Replies]

To: Condor51
Gee I hope Rooty doesn’t lose all his money in the Madoff scam. His gold-digging (cough) ‘wife’ may dump his penniless butt.

I'll be honest with you----I'm all broken up about the thought that poor Judy won't be shopping at Vera Wang and Jimmy Shoo (sob). She won't be getting her hair and nails done. And that luxe Hamptons pad will be on the market, too.

Quick, gimmee a kleenex (bawl).

30 posted on 12/15/2008 6:16:15 AM PST by Liz (The right to be left alone is the beginning of freedom. USSC Justice William O. Douglas)
[ Post Reply | Private Reply | To 29 | View Replies]

To: Condor51
Somewhere someone raised this point: most investors with him did not believe he was honest but thought he was involved in insider trading or market manipulation to make the returns he was touting. So ya see, they got involved in a criminal conspiracy just they did not know what criminal enterprise they were getting involved in. I have no pity for anyone who was “taken in” by this guy and they should all rot under a bridge somewhere. Last, I don't want to see one penny of bailout money or any other form of money to be sent to any of these goniffs.
31 posted on 12/15/2008 6:17:08 AM PST by Mouton
[ Post Reply | Private Reply | To 29 | View Replies]

To: CutePuppy

Madoff was just copying the policies of taking from some and giving to others ala Federal Gov’mint - or spreading the wealth like the Other one!!!!

The money went somewhere - he didn’t burn it.

The beneficiaries should be tracked down and made to cough up the difference between what they “donated” and what they recouped.

That’s the ticket!!!!


32 posted on 12/15/2008 6:18:58 AM PST by sodpoodle (Man studies evolution to understand His creation.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mouton
*** someone raised this point: most investors with him did not believe he was honest but thought he was involved in insider trading or market manipulation to make the returns he was touting. So ya see, they got involved in a criminal conspiracy just they did not know what criminal enterprise they were getting involved in. I have no pity for anyone who was “taken in” by this guy ***

Yep. Like W.C. Fields once said..

"You Can't Cheat An Honest Man"
(and never give a sucker an even break, or smarten up a chump)
Those that got 'took', thought they were the 'takers'. So a big 'Ha-Ha' on them.

As they say: Payback is a ..... 'Hillary'
;-)

33 posted on 12/15/2008 6:26:39 AM PST by Condor51 (The difference between stupidity and genius is that genius has its limits)
[ Post Reply | Private Reply | To 31 | View Replies]

To: CutePuppy

Charles Gasparino, author of the piece, produced a very good book (Blood in the Streets, as I recall) that helped explain the dot-com bubble crash. Expect another book soon.


34 posted on 12/15/2008 6:29:30 AM PST by Melchior
[ Post Reply | Private Reply | To 1 | View Replies]

To: Liz
*** Quick, gimmee a kleenex (bawl).***

I wonder if its too late for Judi to get her regular seat back at that Cigar Bar?

(a girl's gotta make a living)

35 posted on 12/15/2008 6:29:32 AM PST by Condor51 (The difference between stupidity and genius is that genius has its limits)
[ Post Reply | Private Reply | To 30 | View Replies]

To: stockpirate
Note that Madoff is never described as "a Wealthy Democrat Fundraiser and Contributor."

If he was a Republican, we'd already be inundated with that news.

36 posted on 12/15/2008 7:03:31 AM PST by bimbo
[ Post Reply | Private Reply | To 5 | View Replies]

To: Condor51

Yeah.......those tricks are gonna get a lot cheaper, especially wearing those Goodwill dresses. LOL.


37 posted on 12/15/2008 7:10:12 AM PST by Liz (The right to be left alone is the beginning of freedom. USSC Justice William O. Douglas)
[ Post Reply | Private Reply | To 35 | View Replies]

To: Condor51
Whoever said "you can't cheat an honest man" must really have had psychological problems. Of COURSE an honest man can be cheated, and it probably happens millions of times a day in every country of the world. Is Fields saying that if you do some work for someone and they fail to pay you, that that in some mysterious manner "proves" that you yourself are not honest? Or if you loan someone money and they fail to repay you? That whole aphorism is just gibberish.

Also, many of the investors are like some of the non-profit organizations which have now lost everything, based on trust in the integrity of the American financial system. Most people, if offered an annual return of between 6% and 15%, would NOT consider that there was anything at all suspicious about that. Why in the world would they? At the moment, I am receiving 6% interest on some 5-year CDs I set up 2 years ago. Receiving a 6% positive return during the worst financial climate of our lifetimes doesn't sound the least bit suspicious to me. My wife and I have absolutely no money in the stock market directly because, growing up without much money, we would much prefer a smaller guaranteed return than the ups and downs of the stock markets OR bond markets, even during the boom of the 1990s. I would tend not to assume the worst of innocent people.

38 posted on 12/15/2008 7:17:43 AM PST by wildandcrazyrussian
[ Post Reply | Private Reply | To 33 | View Replies]

To: wildandcrazyrussian
No offense but you're taking that phrase waaaaay to literally. Of course 'an honest man' can be cheated by some of the examples you give - like no pay for work performed, etc. I and companies I've worked for have had it done to 'us' on contract changes (construction) "Ordered" by the owner.

BUT - the intent I used (and WC Fields) is that these investors were (likely) looking for, expecting something, 'Too good to be true' - a guaranteed fixed rate of return and NO losses. Unless you're buying something like gubmint T-Bills, that is impossible if all is above board, or we'd all be millionaires.

39 posted on 12/15/2008 7:40:48 AM PST by Condor51 (The difference between stupidity and genius is that genius has its limits)
[ Post Reply | Private Reply | To 38 | View Replies]

To: Mouton; Condor51

“Somewhere someone raised this point: most investors with him did not believe he was honest but thought he was involved in insider trading or market manipulation to make the returns he was touting.”

See http://www.freerepublic.com/focus/news/2148724/posts?page=65#65 , also follow the link there to “I Knew Bernie Madoff Was Cheating—That’s Why I Invested with Him” for more details on it.


40 posted on 12/15/2008 10:19:53 AM PST by CutePuppy (If you don't ask the right questions you may not get the right answers)
[ Post Reply | Private Reply | To 31 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-48 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson