1 00:00:06,006 --> 00:00:08,341 [wind gusting] 2 00:00:10,385 --> 00:00:13,638 [Gordon Bennet] We've heard people say that 3 00:00:14,639 --> 00:00:17,183 people that invested with Madoff were just greedy, 4 00:00:17,809 --> 00:00:20,770 and were expecting an outsized return. 5 00:00:22,188 --> 00:00:25,358 But if you'd look at the numbers, that's factually not the case. 6 00:00:26,568 --> 00:00:30,655 It seemed like a nice, steady investment. Nothing extraordinary. 7 00:00:32,449 --> 00:00:34,951 I had worked very hard to earn this money, 8 00:00:35,035 --> 00:00:37,537 and so I did some due diligence 9 00:00:37,620 --> 00:00:40,165 before I invested in Madoff because of that. 10 00:00:42,000 --> 00:00:46,296 I had Madoff investigated by a securities firm 11 00:00:46,379 --> 00:00:51,051 that offered a service to people investigating money managers. 12 00:00:52,719 --> 00:00:54,888 And they gave him a clean bill of health. 13 00:00:55,680 --> 00:01:01,644 But even after that, I would keep track of every story that featured Madoff, 14 00:01:03,021 --> 00:01:05,106 because he was kind of a mysterious guy. 15 00:01:06,107 --> 00:01:11,196 I would find these articles that basically touted Madoff. 16 00:01:12,447 --> 00:01:15,366 These were articles in Forbes Magazine 17 00:01:15,450 --> 00:01:18,578 and in The Economist and so forth. 18 00:01:19,621 --> 00:01:21,247 I mean, he was a big wheel. 19 00:01:23,166 --> 00:01:26,377 So, all of that I took as, like, "This guy's good." 20 00:01:27,587 --> 00:01:30,590 But the thing is that the SEC didn't catch him either, 21 00:01:30,673 --> 00:01:32,592 and they had numerous opportunities. 22 00:01:34,469 --> 00:01:38,598 You have dreams about your retirement and your future, and... 23 00:01:38,681 --> 00:01:40,642 And all that, all that went away. 24 00:01:40,725 --> 00:01:44,229 Part of the reason we suffered, I believe, 25 00:01:44,312 --> 00:01:49,400 is our government, the SEC, really didn't do their work. 26 00:01:51,319 --> 00:01:53,571 It was such betrayal. 27 00:01:59,869 --> 00:02:03,498 [theme music playing] 28 00:02:17,428 --> 00:02:20,890 [atmospheric music playing] 29 00:02:25,270 --> 00:02:29,232 [Frank Casey] I joined Rampart Investment Management Company in Boston 30 00:02:29,315 --> 00:02:32,485 because they needed an internal sales guy. 31 00:02:34,154 --> 00:02:37,323 And we managed nine billion of client money, 32 00:02:37,407 --> 00:02:39,367 and that was a substantial amount. 33 00:02:40,869 --> 00:02:43,913 And so, they hired me to get more clients, 34 00:02:43,997 --> 00:02:46,583 but also to innovate new product for them. 35 00:02:47,792 --> 00:02:50,545 Somebody's got to sell, right? And that was my job. 36 00:02:50,628 --> 00:02:53,423 And I'm scrapping around, looking for the next wave to surf. 37 00:02:54,465 --> 00:02:56,759 So I jump on a plane. Go to New York. 38 00:02:56,843 --> 00:02:59,679 And I meet Thierry Magon de la Villehuchet, 39 00:03:01,097 --> 00:03:04,601 this wealthy individual, who was an investor 40 00:03:04,684 --> 00:03:09,772 and an investor conduit to some of the richest money in Europe. 41 00:03:10,690 --> 00:03:14,736 And he told me that he was really an aristocrat from Brittany, 42 00:03:14,819 --> 00:03:18,656 that he had a 100-room castle that belonged to the family, 43 00:03:18,740 --> 00:03:22,118 that he went grouse shooting with the princes of Europe. 44 00:03:23,494 --> 00:03:25,288 And I'm thinking, 45 00:03:25,371 --> 00:03:30,710 "If I can get Villehuchet to take me into the wealth management banks of Europe, 46 00:03:30,793 --> 00:03:33,796 then there's a whole new marketplace for me." 47 00:03:35,840 --> 00:03:37,008 Here's the problem, right? 48 00:03:38,885 --> 00:03:43,765 Villehuchet gives me transcripts that come across through the mail, every day, 49 00:03:43,848 --> 00:03:45,516 confirmations of trades. 50 00:03:45,600 --> 00:03:50,188 And he has blanked out, redacted, the name of the firm on the top, 51 00:03:50,271 --> 00:03:52,398 in a big black Magic Marker. 52 00:03:53,191 --> 00:03:57,028 Villehuchet says, "Oh, I have a secret hedge fund manager." 53 00:03:57,111 --> 00:03:59,197 "I can't tell you who it is, 54 00:03:59,280 --> 00:04:02,659 because if the manager found out that I gave up his name, 55 00:04:02,742 --> 00:04:05,370 he would fire me as a client." 56 00:04:06,079 --> 00:04:07,956 "But yes, I hired the guy, 57 00:04:08,039 --> 00:04:11,751 and he's producing out 1% per month like clockwork." 58 00:04:11,834 --> 00:04:15,213 I knew in the world of finance that that was an impossibility. 59 00:04:17,465 --> 00:04:21,052 So he starts telling me about what this man is doing. 60 00:04:21,135 --> 00:04:25,181 And it involves options work that I used to do on individual stocks, 61 00:04:25,265 --> 00:04:28,601 but this guy never has a loss, according to Thierry. 62 00:04:30,270 --> 00:04:31,729 And I'm saying to myself, 63 00:04:31,813 --> 00:04:33,731 "This is crazy. It can't be done." 64 00:04:33,815 --> 00:04:37,318 [tense music playing] 65 00:04:37,402 --> 00:04:39,821 [Casey] And I asked Thierry, 66 00:04:41,155 --> 00:04:44,534 "How much money do you have with this secret manager?" 67 00:04:45,159 --> 00:04:50,832 And he says, "$320 million. My money and my clients' money in Europe." 68 00:04:50,915 --> 00:04:55,253 I assume automatically that that manager must be running 69 00:04:55,336 --> 00:04:57,297 ten times that much money. 70 00:04:57,880 --> 00:05:03,428 I extrapolate that this places the secret manager at three billion plus. 71 00:05:04,220 --> 00:05:08,433 The largest hedge fund manager in the world, that no one knows about. 72 00:05:09,267 --> 00:05:13,479 If I could produce 1% a month like clockwork, 73 00:05:13,563 --> 00:05:17,608 I'd had my face on every billboard between Boston and New York City. 74 00:05:18,526 --> 00:05:20,862 Why is this guy secret? 75 00:05:22,280 --> 00:05:26,326 Of course, I'm very curious who the secret manager is, 76 00:05:26,409 --> 00:05:31,247 and Thierry turns around to speak to somebody, 77 00:05:31,831 --> 00:05:34,167 and I did something a little untoward. 78 00:05:35,251 --> 00:05:38,421 I spin a confirmation on the desk 79 00:05:39,589 --> 00:05:41,424 to read the name at the top. 80 00:05:44,427 --> 00:05:47,096 "Bernard Madoff Securities." 81 00:05:47,180 --> 00:05:50,308 [suspenseful music playing] 82 00:05:50,391 --> 00:05:52,852 [Casey] Why would this big dog on Wall Street 83 00:05:52,935 --> 00:05:57,231 need to be running Thierry's money secretly? 84 00:05:57,899 --> 00:06:02,945 And Thierry told me that he wasn't charging him a fee to do it. 85 00:06:03,446 --> 00:06:05,365 That made no sense at all. 86 00:06:05,448 --> 00:06:08,368 And I'm thinking to myself, "Bullshit." 87 00:06:12,205 --> 00:06:14,374 After that initial meeting with Villehuchet, 88 00:06:14,457 --> 00:06:18,169 I go back to Boston and I meet the big bosses of Rampart. 89 00:06:20,755 --> 00:06:23,049 Immediately the bosses understand 90 00:06:23,132 --> 00:06:26,594 that if I can use Thierry as a conduit, as a client, 91 00:06:26,677 --> 00:06:29,222 to get me into the uber-wealthy of Europe, 92 00:06:30,139 --> 00:06:34,227 we might be able to make multiple billions of dollars. 93 00:06:34,727 --> 00:06:37,522 But I have to compete with this secret manager, 94 00:06:37,605 --> 00:06:42,610 and this strategy that he says he is using makes no sense. 95 00:06:43,694 --> 00:06:48,699 The bosses say, "Well, we've got to reverse engineer what this guy's doing." 96 00:06:48,783 --> 00:06:51,786 "Let's take it down to the Portfolio Manager, Harry Markopolos." 97 00:06:51,869 --> 00:06:54,664 "He's the math geek. I mean, he'll figure it out immediately." 98 00:06:56,666 --> 00:07:00,503 [Markopolos] My field was derivatives, which is very mathematical. 99 00:07:00,586 --> 00:07:03,381 So, you need to have a calculus and statistics background, 100 00:07:03,464 --> 00:07:06,342 and a lot of the math is complex. 101 00:07:07,009 --> 00:07:09,178 Frank comes back with a one-page tear sheet 102 00:07:09,262 --> 00:07:12,223 of a Madoff feeder fund with fantastic returns, 103 00:07:12,890 --> 00:07:15,184 but Frank is a marketing guy. 104 00:07:15,268 --> 00:07:18,271 He wants to know that something works and it can be sold. 105 00:07:19,689 --> 00:07:25,403 [Casey] Harry's annoyed being called out of his office to address me, 106 00:07:25,486 --> 00:07:26,529 a sales guy. 107 00:07:27,447 --> 00:07:31,159 And he looks at this return for a minute and he says, 108 00:07:31,242 --> 00:07:35,663 "Frank, you're an options expert. You know this is bullshit." 109 00:07:36,372 --> 00:07:38,666 And I said, "Yes, he's not using options." 110 00:07:38,749 --> 00:07:40,168 "How's he doing it?" 111 00:07:41,252 --> 00:07:45,756 [Markopolos] It's one page with unbelievable performance numbers, 112 00:07:45,840 --> 00:07:47,758 almost no losses. 113 00:07:47,842 --> 00:07:51,012 And I'm looking at the characteristics of the portfolio, saying, 114 00:07:51,095 --> 00:07:56,184 "Look, the returns are like this, 45-degree angle. Straight line." 115 00:07:57,393 --> 00:08:00,521 [Casey] He says, "I can tell you right from the get-go this is a fraud, 116 00:08:00,605 --> 00:08:02,982 and it's possibly a Ponzi scheme." 117 00:08:03,524 --> 00:08:06,068 This discussion took a total of four minutes. 118 00:08:06,569 --> 00:08:07,653 And I said to Harry, 119 00:08:08,279 --> 00:08:10,364 "Oh my God, don't use that word 'Ponzi.'" 120 00:08:10,448 --> 00:08:13,201 "You can't call this guy a fraud, let alone a Ponzi." 121 00:08:13,284 --> 00:08:15,703 I said, "Madoff Securities, 122 00:08:15,786 --> 00:08:19,707 they're running 7 to 10% of the total volume of the US Stock Market." 123 00:08:20,208 --> 00:08:21,459 "I don't believe it." 124 00:08:24,837 --> 00:08:28,216 [Markopolos] Even though I told him these returns are not possible, 125 00:08:28,925 --> 00:08:31,844 my bosses said, "We want you to develop a Madoff-like product." 126 00:08:33,471 --> 00:08:36,432 "Figure out how Madoff is doing it so we can take market share." 127 00:08:39,268 --> 00:08:42,563 And so, I had to spend a few hours modeling the returns. 128 00:08:42,647 --> 00:08:46,275 [intriguing music playing] 129 00:08:47,026 --> 00:08:49,654 [Markopolos] It took a couple hours, and you'd quickly see 130 00:08:50,363 --> 00:08:55,076 that it didn't replicate anything to do with Wall Street or the US Stock Market. 131 00:08:56,577 --> 00:08:59,914 In fact, it only looked like the stock market 6% of the time. 132 00:09:02,250 --> 00:09:03,751 And then you total up the months, 133 00:09:03,834 --> 00:09:06,963 and you see 96.4% of the months are positive. 134 00:09:08,381 --> 00:09:10,466 Well, that doesn't exist on finance. 135 00:09:12,552 --> 00:09:15,304 His numbers were literally off-the-charts good. 136 00:09:17,181 --> 00:09:19,350 And so people were flocking to Madoff, 137 00:09:19,433 --> 00:09:22,186 because his returns were so seductively smooth. 138 00:09:23,062 --> 00:09:24,855 I had to compete against this guy, 139 00:09:25,398 --> 00:09:27,775 but you can't compete against somebody who's a fraud. 140 00:09:28,776 --> 00:09:31,362 And so I wanted the dirty player thrown off the field. 141 00:09:38,077 --> 00:09:42,790 This is my first SEC submission, dated March 1st, 2000. 142 00:09:44,125 --> 00:09:45,710 "In 25 minutes or less, 143 00:09:45,793 --> 00:09:49,672 I will prove one of three scenarios regarding Madoff's Hedge Fund Operation." 144 00:09:49,755 --> 00:09:52,842 "One: they are incredibly talented and/or lucky, 145 00:09:52,925 --> 00:09:55,177 and I'm an idiot for wasting your time." 146 00:09:55,845 --> 00:09:58,139 "Two: the returns are real, 147 00:09:58,222 --> 00:10:02,018 but they're coming from some process other than the one being advertised, 148 00:10:02,101 --> 00:10:04,562 in which case an investigation is in order." 149 00:10:04,645 --> 00:10:05,479 "Three: 150 00:10:05,563 --> 00:10:08,316 the entire fund is nothing more than a Ponzi scheme." 151 00:10:15,281 --> 00:10:16,881 [Markopolos] Over 100 months of returns, 152 00:10:16,949 --> 00:10:20,536 seven down months, his largest monthly loss... 153 00:10:20,620 --> 00:10:25,875 When Harry Markopolos was trying to persuade the SEC 154 00:10:25,958 --> 00:10:31,047 that a gigantic, historically huge Ponzi scheme 155 00:10:31,130 --> 00:10:35,259 was being run at that very minute by Bernie Madoff, 156 00:10:36,302 --> 00:10:39,347 he was facing an enormous challenge, 157 00:10:39,430 --> 00:10:44,727 because the SEC relied on Bernie Madoff as a source of Wall Street wisdom. 158 00:10:46,479 --> 00:10:49,190 [H. David Kotz] He had a tremendous reputation as being 159 00:10:49,273 --> 00:10:51,817 one of the real giants of Wall Street. 160 00:10:51,901 --> 00:10:56,405 Not only for developments that he helped launch, 161 00:10:56,489 --> 00:11:00,076 changes in the industry that he helped define, 162 00:11:00,951 --> 00:11:04,121 but he also spent a lot of time 163 00:11:04,205 --> 00:11:08,668 working with the SEC and other government agencies on panels 164 00:11:08,751 --> 00:11:13,130 and assisting with how to regulate business. 165 00:11:14,090 --> 00:11:16,130 [Madoff] I would like to start with the premise that 166 00:11:16,175 --> 00:11:19,470 most of the practitioners in our industry 167 00:11:20,054 --> 00:11:23,099 come to their firms in the morning wanting to comply with the rules, 168 00:11:23,182 --> 00:11:24,942 they want to do what's best for their client. 169 00:11:29,689 --> 00:11:34,735 [Kotz] Harry Markopolos spent tremendous time and effort 170 00:11:35,653 --> 00:11:40,324 trying to convince the SEC to do the right thing on Bernie Madoff. 171 00:11:41,325 --> 00:11:43,953 And Harry didn't just go there once. 172 00:11:44,036 --> 00:11:47,498 He got there once, was rebuffed, he went second time, was rebuffed. 173 00:11:50,793 --> 00:11:53,045 Any other person would've said, "Givin' up!" 174 00:11:53,587 --> 00:11:55,172 [Markopolos] We figured that Bernie had 175 00:11:55,256 --> 00:11:58,509 between three and seven billion dollars in assets under management. 176 00:11:59,009 --> 00:12:02,596 And I went to the SEC, and they looked at it 177 00:12:03,514 --> 00:12:04,515 and ignored it. 178 00:12:06,809 --> 00:12:08,644 [printing] 179 00:12:15,985 --> 00:12:20,531 [Casey] The SEC never followed up on anything that we wrote. 180 00:12:20,614 --> 00:12:23,325 So Harry called all the major papers. 181 00:12:23,409 --> 00:12:25,911 And they said, "We're not taking on Madoff 182 00:12:26,579 --> 00:12:29,749 based on the innuendos from a mathematician." 183 00:12:32,293 --> 00:12:33,794 "We need a smoking gun." 184 00:12:35,921 --> 00:12:37,465 So Harry said to me, 185 00:12:37,548 --> 00:12:42,511 "Frank, you've got to find an investigative reporter in finance." 186 00:12:44,638 --> 00:12:45,973 Where do you look that up? 187 00:12:47,600 --> 00:12:50,478 So just by happenstance, 188 00:12:50,561 --> 00:12:52,730 I guess it was the end of 2000, 189 00:12:53,355 --> 00:12:56,484 and I was speaking in Barcelona. So I brought my wife. 190 00:12:57,067 --> 00:13:00,404 And we were at the airport, and we get a cab. 191 00:13:00,488 --> 00:13:01,906 And it was the last cab. 192 00:13:02,490 --> 00:13:05,826 And there was a harried-looking guy standing there with his luggage, 193 00:13:05,910 --> 00:13:09,580 banging on my window on the passenger's... "Are you going to the conference?" 194 00:13:09,663 --> 00:13:10,706 And I said, "Yes." 195 00:13:10,790 --> 00:13:12,708 He says, "Do you mind if we share a cab?" 196 00:13:13,375 --> 00:13:16,670 He says, "Hi, I'm Michael Ocrant," from the front seat, 197 00:13:16,754 --> 00:13:20,257 I'm an investigative reporter in financial fraud." 198 00:13:21,258 --> 00:13:23,677 And I looked up and I said, "Thank you, Lord." 199 00:13:24,178 --> 00:13:25,638 I said, "Michael, 200 00:13:26,263 --> 00:13:29,934 I'll make you a dinner bet for my wife and I in Barcelona 201 00:13:30,017 --> 00:13:34,313 that I can give you one name of a secret hedge fund manager 202 00:13:34,396 --> 00:13:37,399 that will blow any one of your managers away 203 00:13:37,900 --> 00:13:41,987 in asset size and risk adjusted rate of return." 204 00:13:43,405 --> 00:13:44,824 He says, "I'll take that bet." 205 00:13:46,158 --> 00:13:47,993 I said, "Bernie Madoff." 206 00:13:50,496 --> 00:13:55,000 His head spun around so quickly, I knew I had my investigative reporter. 207 00:13:57,086 --> 00:13:58,086 And I told him, 208 00:13:58,128 --> 00:14:03,592 "This guy is always out of the market the day before the market goes down, 209 00:14:03,676 --> 00:14:08,722 and he's always in the market the day of, or the day before the market goes up." 210 00:14:09,515 --> 00:14:13,686 Perfect timing does not exist by any manager in the world. 211 00:14:13,769 --> 00:14:16,146 Nobody has advanced knowledge of the market. 212 00:14:18,732 --> 00:14:21,527 And Michael Ocrant says, "I have to write an article." 213 00:14:23,487 --> 00:14:26,198 We gave him all the names of the options guys and so forth 214 00:14:26,282 --> 00:14:28,325 in the United States on the floors, 215 00:14:28,409 --> 00:14:30,578 and the heads of derivatives at major banks. 216 00:14:31,453 --> 00:14:33,038 And he spoke with everybody. 217 00:14:33,539 --> 00:14:36,709 Ocrant couldn't believe it when he ran the numbers. 218 00:14:36,792 --> 00:14:39,295 And he was about to go to print and he called me. 219 00:14:39,378 --> 00:14:40,504 He says, 220 00:14:40,588 --> 00:14:43,382 "This guy is two and a half times bigger 221 00:14:43,465 --> 00:14:46,010 than my biggest hedge fund reporting to me." 222 00:14:46,510 --> 00:14:49,013 "How is he really generating that business?" 223 00:14:50,222 --> 00:14:51,390 The article comes out. 224 00:14:51,473 --> 00:14:54,810 "Madoff tops the charts; traders ask how." 225 00:14:55,811 --> 00:15:00,316 We were giving each other high-fives in the office in Rampart. 226 00:15:01,609 --> 00:15:03,402 Now it's in the public domain. 227 00:15:04,445 --> 00:15:06,071 Here comes the posse. 228 00:15:07,698 --> 00:15:11,619 [Henriques] Sometime after the MARHedge article had appeared, 229 00:15:11,702 --> 00:15:15,289 a senior enforcement officer at the SEC in Washington 230 00:15:15,372 --> 00:15:17,666 decides some inquiry should be made. 231 00:15:19,251 --> 00:15:24,173 It was just a surprise that Bernie Madoff would be managing money 232 00:15:24,256 --> 00:15:25,883 on such a large scale 233 00:15:25,966 --> 00:15:31,555 and not have registered his investment advisory business with federal regulators. 234 00:15:34,892 --> 00:15:40,105 But the way she chooses to do that is to pick up the phone and call Bernie Madoff. 235 00:15:40,940 --> 00:15:42,191 [phone ringing] 236 00:15:42,274 --> 00:15:45,402 [Kotz] She knew him, because, of course, he was well known in the industry. 237 00:15:45,486 --> 00:15:47,029 And she calls him up and says, 238 00:15:47,112 --> 00:15:50,115 "Hi, Bernie. Uh, we're going to do an exam." 239 00:15:50,199 --> 00:15:52,868 "We're going to have some questions about your hedge fund." 240 00:15:53,535 --> 00:15:56,205 And he says, "I don't have a hedge fund." 241 00:15:57,748 --> 00:15:59,625 And she says, "Oh I didn't think so." 242 00:15:59,708 --> 00:16:01,502 And he says, "Okay." 243 00:16:03,170 --> 00:16:04,964 If he had a hedge fund business, 244 00:16:05,047 --> 00:16:07,925 he would have to register as an investment advisor. 245 00:16:08,008 --> 00:16:10,928 Bernie Madoff did not want to register as an investment advisor, 246 00:16:11,011 --> 00:16:13,639 because when you register as an investment advisor, 247 00:16:13,722 --> 00:16:16,725 that subjects you to ongoing SEC exams. 248 00:16:17,977 --> 00:16:19,728 [Henriques] I love that episode so much 249 00:16:19,812 --> 00:16:22,982 because it illustrates, better than anything else could, 250 00:16:23,065 --> 00:16:27,361 the esteem that the SEC felt towards Bernie Madoff, 251 00:16:27,444 --> 00:16:29,363 the trust they had in him. 252 00:16:30,239 --> 00:16:33,200 "Let's call and ask him if he's doing anything wrong." 253 00:16:33,283 --> 00:16:34,535 "He'll tell us the truth." 254 00:16:34,618 --> 00:16:38,205 [atmospheric music playing] 255 00:16:38,288 --> 00:16:42,167 [Henriques] Madoff was as lucky in his enemies as he was in his friends. 256 00:16:43,877 --> 00:16:46,088 And he was lucky in his timing. 257 00:16:46,672 --> 00:16:50,467 [reporter] Again, these early reports are just coming in from the wire services. 258 00:16:50,551 --> 00:16:55,723 A small commuter plane apparently hitting the side of the World Trade Center. 259 00:16:58,767 --> 00:17:01,603 There was another one. We just saw another one. 260 00:17:02,104 --> 00:17:04,732 [crowd screaming] 261 00:17:18,495 --> 00:17:19,955 I'll never forget it. 262 00:17:20,039 --> 00:17:23,584 I will never forget watching both of those buildings 263 00:17:23,667 --> 00:17:28,130 just shudder down to their knees and then collapse completely. 264 00:17:30,215 --> 00:17:31,925 The city was so shaken. 265 00:17:33,302 --> 00:17:38,474 I remember how jangly those days were, the weeks and months after 9/11. 266 00:17:40,601 --> 00:17:45,397 Wall Street, of course, was right on the margins of the World Trade Center. 267 00:17:45,481 --> 00:17:49,485 The New York Stock Exchange, two blocks away, was shut. 268 00:17:49,568 --> 00:17:53,238 Everything downtown was shut for days and days and days. 269 00:17:55,991 --> 00:18:02,039 And there was a great sense of camaraderie to getting the stock market open again. 270 00:18:02,122 --> 00:18:05,667 Tom Costello standing by at the NASDAQ market site. Tom, what's up? 271 00:18:05,751 --> 00:18:09,338 [Costello] The NASDAQ right now is about an hour and a half away from trading. 272 00:18:09,421 --> 00:18:11,048 And as I mentioned an hour ago, 273 00:18:11,131 --> 00:18:14,176 this morning, in an unusual show of solidarity, 274 00:18:14,259 --> 00:18:16,678 NASDAQ CEO Wick Simmons will be at the NYSE. 275 00:18:16,762 --> 00:18:18,806 They will open this market together. 276 00:18:19,389 --> 00:18:22,935 [Henriques] The NASDAQ Market needed to show that it could function 277 00:18:23,018 --> 00:18:26,105 in the aftermath of this really unthinkable event. 278 00:18:27,064 --> 00:18:29,775 And Bernie helped bring that together. 279 00:18:29,858 --> 00:18:32,986 - [stock brokers]...two, one! - [bell ringing] 280 00:18:33,070 --> 00:18:34,488 [applause] 281 00:18:34,571 --> 00:18:38,075 [Henriques] But it had another significance for Bernie, too, that 282 00:18:38,158 --> 00:18:41,495 no one really appreciated until it was far too late. 283 00:18:41,578 --> 00:18:44,123 The deliberate and deadly attacks, 284 00:18:44,206 --> 00:18:46,792 which were carried out yesterday against our country, 285 00:18:47,584 --> 00:18:49,211 were more than acts of terror. 286 00:18:50,254 --> 00:18:51,630 They were acts of war. 287 00:18:53,298 --> 00:18:56,593 [Henriques] Resources that had been in New York City, 288 00:18:56,677 --> 00:18:58,262 on Wall Street's doorstep, 289 00:18:58,345 --> 00:19:02,516 devoted to white-collar crime, to fraud, 290 00:19:03,308 --> 00:19:05,352 were being steered away, 291 00:19:05,435 --> 00:19:11,233 were being funneled into counterterrorism and terrorism finance issues. 292 00:19:13,193 --> 00:19:17,197 For the SEC, this was an exacerbation of an existing problem, 293 00:19:17,281 --> 00:19:20,742 as a result of a deregulatory campaign 294 00:19:20,826 --> 00:19:23,954 that began with the election of Ronald Reagan in 1980. 295 00:19:24,538 --> 00:19:26,498 [Reagan] In this present crisis, 296 00:19:27,082 --> 00:19:30,544 government is not the solution to our problem. 297 00:19:30,627 --> 00:19:32,379 Government is the problem. 298 00:19:32,462 --> 00:19:34,882 [applause] 299 00:19:34,965 --> 00:19:37,509 The laws that they could rely on 300 00:19:37,593 --> 00:19:40,345 to pursue investigations had been tightened, 301 00:19:40,429 --> 00:19:42,639 and their budgets had been cut and cut again. 302 00:19:43,640 --> 00:19:45,809 The aftermath of 9/11 303 00:19:45,893 --> 00:19:52,608 was simply the continuation of a long period of short rations, 304 00:19:52,691 --> 00:19:54,318 low priorities, 305 00:19:54,401 --> 00:19:58,780 even legislative changes that made it harder for them to do their jobs. 306 00:20:00,699 --> 00:20:06,705 So, in a way, that ghastly tragedy meant for Madoff 307 00:20:06,788 --> 00:20:10,876 a reduced level of scrutiny at the regulatory level, 308 00:20:10,959 --> 00:20:13,545 just when he really needed it most. 309 00:20:14,213 --> 00:20:20,594 Madoff wasn't the only beneficiary of this slow death of a thousand cuts 310 00:20:20,677 --> 00:20:22,930 that the SEC had experienced, 311 00:20:23,013 --> 00:20:26,266 but he was certainly the biggest beneficiary of it, 312 00:20:26,350 --> 00:20:28,602 based on the scale of his fraud. 313 00:20:37,778 --> 00:20:40,739 [dramatic music playing] 314 00:20:42,366 --> 00:20:44,206 [Ellen Hales] I think there's a large dichotomy 315 00:20:44,284 --> 00:20:46,954 between the persona Bernie put out to the world 316 00:20:47,037 --> 00:20:49,456 and what was really going on in the firm. 317 00:20:50,999 --> 00:20:55,754 It was an act to build up his business and this persona. 318 00:20:56,672 --> 00:20:59,591 [Eleanor Squillari] He had the perfect children for it. 319 00:20:59,675 --> 00:21:04,179 The all-American, highly educated, family guys. 320 00:21:06,181 --> 00:21:10,269 Bernie used Andy and Mark as a shield for when people would come in. 321 00:21:10,352 --> 00:21:12,062 "This is a family business." 322 00:21:12,562 --> 00:21:15,983 "My sons, they're highly educated, they're running the trading room." 323 00:21:16,775 --> 00:21:21,571 But if you worked for this company, everything was compartmentalized. 324 00:21:21,655 --> 00:21:22,698 Everything. 325 00:21:26,576 --> 00:21:32,499 [Madoff] We had a market-making division, which was supervised by my son Mark. 326 00:21:33,417 --> 00:21:37,170 We had a proprietary trading division, 327 00:21:37,254 --> 00:21:40,132 which was supervised by my son Andy. 328 00:21:42,801 --> 00:21:48,557 The investment advisory side, or the 17th floor as it's referred to, 329 00:21:48,640 --> 00:21:51,685 was basically supervised by Frank DiPascali. 330 00:21:51,768 --> 00:21:53,937 The divisions could not speak to each other, 331 00:21:54,730 --> 00:21:58,567 so my son Mark and Andy could not have contact 332 00:21:58,650 --> 00:22:03,530 with what the profits or loss of each department was. 333 00:22:06,074 --> 00:22:08,535 [Squillari] Mark and Andy never went downstairs 334 00:22:08,618 --> 00:22:11,204 to the investment advisory side. 335 00:22:13,457 --> 00:22:16,168 And when clients came in, 336 00:22:16,251 --> 00:22:21,256 Mark or Andy would come to my desk and say, "Who are those people?" 337 00:22:22,132 --> 00:22:23,800 They didn't know who they were. 338 00:22:27,387 --> 00:22:29,556 [Hales] I think Bernie dismissed them completely 339 00:22:29,639 --> 00:22:31,975 when he didn't want to discuss something with them. 340 00:22:32,059 --> 00:22:35,103 And they learned through the years not to push him too much. 341 00:22:37,397 --> 00:22:39,900 I remember going in and talking to Bernie and saying, 342 00:22:39,983 --> 00:22:42,569 "You know, your firm is a sole proprietorship." 343 00:22:42,652 --> 00:22:46,323 "It is going to cease to exist upon your death." 344 00:22:46,406 --> 00:22:50,369 "And your sons and your brother are going to have to get new licenses, 345 00:22:50,452 --> 00:22:52,746 they're going to open up new bank accounts." 346 00:22:52,829 --> 00:22:58,001 "It's going to take a while before this firm can become what it was again." 347 00:22:59,461 --> 00:23:03,423 He said, "Eh, I got 30 lawyers working on it. Don't worry about it." 348 00:23:03,507 --> 00:23:05,133 And dismissed me completely. 349 00:23:06,176 --> 00:23:08,845 I said, "Okay." I went and I told Mark Madoff. 350 00:23:10,347 --> 00:23:14,643 And he went in and talked to Bernie about it and was completely shot down. 351 00:23:14,726 --> 00:23:17,104 And I think it upset him for years 352 00:23:17,187 --> 00:23:20,982 that he couldn't talk to Bernie about anything like that. 353 00:23:24,069 --> 00:23:28,407 [Jim Campbell] Bernie needed to be the go-to guy on Wall Street, 354 00:23:28,490 --> 00:23:29,908 the king of Wall Street. 355 00:23:30,826 --> 00:23:32,577 His name was on the door. 356 00:23:32,661 --> 00:23:37,124 And there was nothing more important in Bernie's life 357 00:23:37,207 --> 00:23:39,126 than maintaining face, 358 00:23:39,626 --> 00:23:44,673 maintaining he was running this incredibly successful business on the 19th floor, 359 00:23:45,549 --> 00:23:49,678 but the reality wasn't quite the way that he was portraying it. 360 00:23:51,680 --> 00:23:55,058 [lawyer] At what point in time did you become insolvent? 361 00:23:56,101 --> 00:23:57,394 [sighs] 362 00:24:01,356 --> 00:24:03,233 [Madoff] I would say, uh... 363 00:24:04,317 --> 00:24:07,028 probably in the early 2000s. 364 00:24:07,571 --> 00:24:08,989 In nine... Maybe... 365 00:24:09,072 --> 00:24:14,870 Somewhere between, let's say, '98 and 2002. 366 00:24:14,953 --> 00:24:18,373 Yeah, there were problems brewing. Yes, I would say. 367 00:24:20,000 --> 00:24:21,376 [Henriques] At that time, 368 00:24:21,460 --> 00:24:25,005 the competition for the flow of trades 369 00:24:25,088 --> 00:24:28,842 from giant institutions that he's handling in his legitimate business 370 00:24:28,925 --> 00:24:30,552 was getting hotter. 371 00:24:30,635 --> 00:24:34,931 And that meant the amount you got paid to do any one of those trades 372 00:24:35,015 --> 00:24:37,476 was getting smaller and thinner, 373 00:24:37,559 --> 00:24:40,479 so the profits were starting to get squeezed. 374 00:24:45,942 --> 00:24:48,504 [Bruce Dubinsky] At that time, the legitimate side of the business 375 00:24:48,528 --> 00:24:50,989 is not making the money people think it's making. 376 00:24:53,200 --> 00:24:55,202 And between 2002 and 2008, 377 00:24:55,285 --> 00:24:57,704 there was approximately $800 million 378 00:24:57,787 --> 00:25:01,917 that was funneled from the Ponzi side of the business 379 00:25:02,000 --> 00:25:04,002 to the legitimate side of the business. 380 00:25:07,881 --> 00:25:09,758 Mr. DiPascali takes money 381 00:25:09,841 --> 00:25:12,969 from the 17th floor of the investment advisory business. 382 00:25:13,053 --> 00:25:15,680 That money is wired over to London, overseas. 383 00:25:15,764 --> 00:25:20,393 That money is wired back to the 19th floor, 384 00:25:20,477 --> 00:25:22,687 two stories above the 17th floor... 385 00:25:24,564 --> 00:25:27,317 in the guise of investments. 386 00:25:27,901 --> 00:25:29,736 United States Treasury bills. 387 00:25:32,197 --> 00:25:35,200 If your so-called legitimate side of the business 388 00:25:35,283 --> 00:25:38,495 is not making the money people think it's making, 389 00:25:38,578 --> 00:25:42,415 then you don't look as good as you want people to think. 390 00:25:42,499 --> 00:25:46,878 And this would have been a way for Madoff to protect his reputation on Wall Street. 391 00:25:51,174 --> 00:25:54,761 [Campbell] The reality was, is as of the early 2000's, 392 00:25:54,844 --> 00:25:57,264 the legitimate business would have been insolvent 393 00:25:57,347 --> 00:26:00,809 without that injection of $800 million out of the Ponzi scheme. 394 00:26:02,269 --> 00:26:05,772 And the reason for that is that the trading desks were profitable, 395 00:26:05,855 --> 00:26:07,649 but only in and of themselves. 396 00:26:08,692 --> 00:26:10,610 Bernie had an overhead problem. 397 00:26:10,694 --> 00:26:14,948 He was carrying too much expense, and the firm was losing money. 398 00:26:16,241 --> 00:26:17,867 I did my own investigation, 399 00:26:18,577 --> 00:26:21,413 and basically he had about 35 to 50 traders 400 00:26:21,496 --> 00:26:23,748 that were generating a trading profit, 401 00:26:24,249 --> 00:26:27,502 but the firm was carrying more than 150 employees. 402 00:26:28,295 --> 00:26:32,591 Bernie would hire all kinds of friends of key employees, 403 00:26:32,674 --> 00:26:36,428 some who were not carrying their weight and were making a lot of money. 404 00:26:38,263 --> 00:26:41,933 He saw himself as the do-gooder, as the people pleaser, 405 00:26:42,017 --> 00:26:43,727 as the go-to guy. 406 00:26:43,810 --> 00:26:45,854 He had to deliver, he had to produce. 407 00:26:49,482 --> 00:26:52,485 And we know, at the same time, he's using the firm as a piggy bank. 408 00:26:53,111 --> 00:26:55,363 [Andrew Ross Sorkin] He's buying a yacht. 409 00:26:55,447 --> 00:26:57,282 He's got a house in France. 410 00:26:57,365 --> 00:26:59,534 He's got a shared private plane. 411 00:26:59,618 --> 00:27:04,289 Literally the colors of it match the colors of the office. 412 00:27:05,373 --> 00:27:11,087 Ruth was busy managing charitable balls and dinners and events, 413 00:27:11,171 --> 00:27:13,882 often which were honoring Bernie himself. 414 00:27:15,383 --> 00:27:19,346 [Steven Garfinkel] Bernie gave a lot of money to his family. 415 00:27:19,846 --> 00:27:23,725 Mark and Andrew both received a lot of loans, 416 00:27:23,808 --> 00:27:26,603 millions of dollars that were never gonna get paid back. 417 00:27:27,937 --> 00:27:31,066 [Campbell] Buying houses, gifts for employees... 418 00:27:31,608 --> 00:27:33,610 All of that was coming out of the business. 419 00:27:40,784 --> 00:27:42,535 [Markopolos] I was frustrated at work 420 00:27:42,619 --> 00:27:47,082 seeing that people that I worked with didn't believe me that Madoff was a fraud. 421 00:27:48,583 --> 00:27:51,961 And after my first submission to the Securities and Exchange Commission, 422 00:27:52,045 --> 00:27:55,632 the largest hedge fund publication on the planet went to print 423 00:27:55,715 --> 00:27:58,760 basically calling Madoff a Ponzi scheme. 424 00:27:58,843 --> 00:28:00,804 But no one asked tough questions. 425 00:28:00,887 --> 00:28:03,556 And people settled for half answers or no answers, 426 00:28:03,640 --> 00:28:05,392 and I continued to get ignored. 427 00:28:06,559 --> 00:28:09,479 But I kept getting hounded by the bosses at my firm 428 00:28:09,562 --> 00:28:14,734 to duplicate his strategy, so we can compete with him and split the market. 429 00:28:14,818 --> 00:28:18,279 So I had come up with something that was sort of competitive with Madoff. 430 00:28:18,363 --> 00:28:19,989 The problem with it was 431 00:28:20,073 --> 00:28:22,659 I could lose you 50% in one month. 432 00:28:23,243 --> 00:28:25,078 So that was a risk, a known risk, 433 00:28:25,161 --> 00:28:28,248 but Thierry de Villehuchet of Access International 434 00:28:28,331 --> 00:28:32,043 thought there was a market for it as an alternative to his Madoff clients. 435 00:28:32,127 --> 00:28:35,213 [suspenseful music playing] 436 00:28:36,506 --> 00:28:38,466 [Markopolos] So I went with Thierry de Villehuchet 437 00:28:38,508 --> 00:28:42,262 to a number of meetings in London, in Paris, Geneva, and Zurich. 438 00:28:43,847 --> 00:28:46,808 One way to explain who Thierry de Villehuchet was... 439 00:28:47,726 --> 00:28:52,313 I was in a cab, and we're going by the Arc de Triomphe in Paris. 440 00:28:53,273 --> 00:28:59,446 And he says to me, "Harry, look at the arc and look at those names." 441 00:28:59,529 --> 00:29:03,533 And I realize that those are the people I was meeting with in Paris. 442 00:29:04,743 --> 00:29:08,121 Those family ties went back generations. 443 00:29:08,204 --> 00:29:11,166 Elite, private-client bankers 444 00:29:11,750 --> 00:29:15,336 that are managing money for the royal families in Europe. 445 00:29:17,589 --> 00:29:19,507 These people were well-dressed, 446 00:29:20,592 --> 00:29:21,926 very articulate, 447 00:29:22,510 --> 00:29:23,678 had great manners, 448 00:29:24,262 --> 00:29:25,847 knew their way around a wine list. 449 00:29:28,975 --> 00:29:32,145 Thierry de Villehuchet would start each meeting the same way: 450 00:29:32,228 --> 00:29:39,152 "Harry and Rampart are just like Madoff, only higher risk, higher return." 451 00:29:39,778 --> 00:29:44,532 "And instead of using individual stocks, they use indexes of stocks." 452 00:29:44,616 --> 00:29:46,993 "Other than that, very similar." 453 00:29:47,619 --> 00:29:51,831 "And that's why you need this firm for diversification away from Madoff." 454 00:29:53,166 --> 00:29:55,502 [Casey] On the first meeting the guy says, 455 00:29:55,585 --> 00:29:59,380 "You know, this is a very interesting strategy, Harry, that you've devised." 456 00:29:59,464 --> 00:30:03,176 "It makes more money than Madoff, but, you know, it could lose money too, 457 00:30:03,259 --> 00:30:06,346 even though you say you've got the risk under control." 458 00:30:06,429 --> 00:30:09,599 "You know, we're invested with Madoff, and he never loses money." 459 00:30:09,682 --> 00:30:12,769 "So why would we give you any money?" 460 00:30:13,812 --> 00:30:18,441 [Markopolos] They did not want to hear about real risk, realistic risk, any risk. 461 00:30:18,525 --> 00:30:20,276 All they knew is Madoff had no risk, 462 00:30:20,360 --> 00:30:22,987 and they weren't gonna trust another manager that had risk. 463 00:30:24,072 --> 00:30:27,116 [Casey] The first bank says, "Madoff is closed, you know, 464 00:30:27,200 --> 00:30:30,745 but we at XYZ in Geneva, and only we, 465 00:30:31,746 --> 00:30:34,833 get access to this guy. He takes our money and our money only." 466 00:30:34,916 --> 00:30:38,044 If you heard that once, you might believe it. 467 00:30:38,920 --> 00:30:41,464 Two times, three times, it might be a coincidence. 468 00:30:43,007 --> 00:30:47,303 Fourteen times out of 20 meetings with private bankers throughout Europe, 469 00:30:47,387 --> 00:30:48,805 he heard the same story. 470 00:30:48,888 --> 00:30:52,016 "We're invested with Madoff, he only takes our money." 471 00:30:53,476 --> 00:30:56,604 [Markopolos] I walked away from the European trip frustrated. 472 00:30:56,688 --> 00:31:00,650 No one chose to invest except a handful of clients, 473 00:31:00,733 --> 00:31:05,113 so I ran the strategy for a while, and it sort of dwindled from there. 474 00:31:06,322 --> 00:31:09,742 [Casey] After that trip, Harry became very nervous, 475 00:31:09,826 --> 00:31:11,995 because right away, he realized 476 00:31:12,078 --> 00:31:15,081 the fraud was bigger in Europe than it was in the United States. 477 00:31:16,875 --> 00:31:20,753 [Markopolos] I discovered that Madoff had billions of dollars in Europe. 478 00:31:20,837 --> 00:31:23,339 He was always mentioned with offshore accounts 479 00:31:23,423 --> 00:31:24,924 located in the Cayman Islands. 480 00:31:25,967 --> 00:31:27,807 [Campbell] Offshore money in the Cayman Islands 481 00:31:27,886 --> 00:31:30,847 is very lightly-regulated money 482 00:31:30,930 --> 00:31:36,436 that wealthy people often are putting there for tax avoidance schemes, 483 00:31:36,519 --> 00:31:39,063 but also houses dirty money 484 00:31:39,147 --> 00:31:41,190 that could have come through drug money 485 00:31:41,274 --> 00:31:45,028 or oligarch money that needs to be ultimately laundered. 486 00:31:45,111 --> 00:31:49,949 And the money then would end up housed in Bernie's fund. 487 00:31:51,576 --> 00:31:54,078 [Markopolos] Once you realize that Bernie is managing money 488 00:31:54,162 --> 00:31:56,581 for some of the world's most dangerous people, 489 00:31:57,665 --> 00:31:59,000 you start to worry 490 00:31:59,083 --> 00:32:02,086 that if you're discovered trying to turn in Madoff, 491 00:32:02,754 --> 00:32:05,590 it could cost the drug cartels and the Russians a lot of money. 492 00:32:05,673 --> 00:32:08,051 Money that they don't want to lose. 493 00:32:08,134 --> 00:32:09,552 So, I'm at risk personally, 494 00:32:09,636 --> 00:32:12,805 because I'm seemingly the lone voice in the wilderness 495 00:32:12,889 --> 00:32:15,099 going to the authorities saying Madoff's a fraud. 496 00:32:15,183 --> 00:32:17,101 So, I started carrying a gun, 497 00:32:17,185 --> 00:32:19,354 and I started checking my vehicle for bombs. 498 00:32:20,396 --> 00:32:23,316 [tense music playing] 499 00:32:28,696 --> 00:32:32,825 [Casey] As we built a business relationship together, 500 00:32:32,909 --> 00:32:35,036 I became close to Thierry. 501 00:32:36,162 --> 00:32:38,957 And we would have cocktails in his office. 502 00:32:39,874 --> 00:32:44,295 One time, I met him when I was down in New York, and, 503 00:32:45,338 --> 00:32:46,547 we talked a little bit. 504 00:32:47,131 --> 00:32:50,551 And I keep coming back all the time in this relationship: 505 00:32:50,635 --> 00:32:54,013 "What if Harry and I, you know, and this Madoff, it doesn't make..." 506 00:32:54,097 --> 00:32:57,350 And he goes, "Oh my God, you and Madoff. Would you drop that bone?" 507 00:32:57,433 --> 00:33:01,020 "My gosh," he says, "you know that I do my homework 508 00:33:01,646 --> 00:33:04,607 and that I trust this man explicitly." 509 00:33:05,149 --> 00:33:08,277 "We even did handwriting analysis on this guy, and he passed." 510 00:33:08,361 --> 00:33:11,948 "And so, what else could I possibly do?" 511 00:33:12,615 --> 00:33:15,576 I said, "But if Harry and I are correct, and you are wrong, 512 00:33:16,327 --> 00:33:17,996 what happens to you?" 513 00:33:20,164 --> 00:33:23,126 And he said, "Let me put it to you this way, Frank." 514 00:33:23,626 --> 00:33:25,545 "I have all of my money in it." 515 00:33:27,088 --> 00:33:29,716 "I have most of my family's money in it." 516 00:33:30,216 --> 00:33:34,929 "I have every private banker that I have groomed as a relationship 517 00:33:35,013 --> 00:33:36,556 in Europe in it." 518 00:33:36,639 --> 00:33:40,143 "And I probably have half the royalty of Europe in it." 519 00:33:41,060 --> 00:33:43,688 "I have no out if I am wrong." 520 00:33:44,689 --> 00:33:48,359 "If you and Harry are correct and I am wrong... 521 00:33:49,694 --> 00:33:50,987 I am a dead man." 522 00:33:52,488 --> 00:33:55,408 [unsettling music playing] 523 00:34:00,496 --> 00:34:01,616 [Squillari] As time went on, 524 00:34:02,749 --> 00:34:08,004 Bernie became more and more fanatical about things. 525 00:34:10,882 --> 00:34:14,010 And I would think it's because of the added pressures. 526 00:34:14,552 --> 00:34:17,597 Because there was so much he had to control. 527 00:34:19,307 --> 00:34:22,435 I spoke to him maybe every 15 minutes on the phone. 528 00:34:22,518 --> 00:34:25,396 He always had to know what was going on. 529 00:34:25,480 --> 00:34:27,315 He goes, "I don't care if Peter..." 530 00:34:27,398 --> 00:34:30,485 "I don't care who gets calls, I want to know about it right away." 531 00:34:31,736 --> 00:34:35,156 Bernie was the owner of the company. 532 00:34:35,239 --> 00:34:40,078 He wanted to make sure everybody knew that he was in charge, he was the law. 533 00:34:40,161 --> 00:34:41,537 Peter... 534 00:34:41,621 --> 00:34:45,208 Peter was like everybody's favorite uncle. 535 00:34:47,293 --> 00:34:51,464 Peter was gregarious, he was self-effacing, 536 00:34:51,547 --> 00:34:57,303 and he made me feel smart and useful and productive from the beginning. 537 00:35:00,765 --> 00:35:03,893 Bernie was the older brother to Peter and... 538 00:35:04,644 --> 00:35:09,107 Bernie would bully him, he would talk down to him. 539 00:35:10,233 --> 00:35:13,361 Peter was seeing a therapist, for whatever reason, 540 00:35:14,445 --> 00:35:17,990 and when Bernie got wind of it, instead of being supportive, 541 00:35:19,242 --> 00:35:20,535 he just went after him. 542 00:35:21,160 --> 00:35:24,622 He's like, "What are you, a tight-ass? You got to go see somebody?" 543 00:35:24,705 --> 00:35:28,334 He'd start yelling at him, making fun of him in front of the employees. 544 00:35:29,210 --> 00:35:33,214 In my mind, I said, "Look, this is who he is. It's nothing personal." 545 00:35:33,297 --> 00:35:38,136 But his brother and the kids, I don't think they could take it. 546 00:35:38,928 --> 00:35:41,055 So they would behave in such a way 547 00:35:41,139 --> 00:35:44,600 that they would avoid him going into those rampages. 548 00:35:45,810 --> 00:35:50,439 [Madoff] Peter was, at one point, involved in market-making. 549 00:35:50,523 --> 00:35:52,817 I'm not sure of the dates. 550 00:35:52,900 --> 00:35:58,072 And then he also handled the compliance for the firm, and systems. 551 00:35:58,156 --> 00:36:00,116 He did a lot of things, my brother. 552 00:36:01,576 --> 00:36:04,954 I wonder how much of his compliance 553 00:36:05,037 --> 00:36:09,167 was just turning a blind eye to what Bernie was doing on the 17th floor 554 00:36:09,250 --> 00:36:10,835 and not really knowing. 555 00:36:11,335 --> 00:36:13,796 Compliance officers are the ones that are signing off 556 00:36:13,880 --> 00:36:15,673 that you have followed all the rules, 557 00:36:15,756 --> 00:36:19,343 that you have adhered to SEC guidelines, 558 00:36:19,427 --> 00:36:21,637 who would deal with the SEC 559 00:36:21,721 --> 00:36:25,349 and be the guy who would be the face of Bernard Madoff to them. 560 00:36:25,433 --> 00:36:27,643 But Bernie was a control freak about everything. 561 00:36:27,727 --> 00:36:30,354 [tense music playing] 562 00:36:31,981 --> 00:36:36,485 [Henriques] Although the SEC never managed to really mount 563 00:36:36,569 --> 00:36:38,738 a competent investigation of Madoff, 564 00:36:39,739 --> 00:36:45,786 tips would arise, or Harry Markopolos would come in and pound the table again. 565 00:36:49,290 --> 00:36:54,295 [Kotz] In addition to Harry Markopolos's complaints of 2000, 2001, 566 00:36:54,378 --> 00:36:57,256 there were a number of other complaints from different people 567 00:36:57,340 --> 00:37:00,384 that were brought to the SEC about Bernie Madoff at various times. 568 00:37:01,469 --> 00:37:03,846 In late 2004, 569 00:37:03,930 --> 00:37:07,600 they were doing an exam of another entity, and they locate these emails 570 00:37:07,683 --> 00:37:10,603 where two individuals in this other firm 571 00:37:10,686 --> 00:37:14,523 were talking about the fact that they think Madoff is running a fraud. 572 00:37:14,607 --> 00:37:17,568 And they were bringing up some of these same issues 573 00:37:17,652 --> 00:37:20,529 about the returns not being possible. 574 00:37:27,995 --> 00:37:30,873 The SEC finally decides to conduct an examination 575 00:37:30,957 --> 00:37:33,209 and assign two junior examiners 576 00:37:33,292 --> 00:37:36,587 to go into Bernie Madoff's office and conduct the exam. 577 00:37:36,671 --> 00:37:39,757 [intriguing music playing] 578 00:37:42,176 --> 00:37:44,929 [Kotz] So the day these two junior examiners, 579 00:37:45,012 --> 00:37:47,348 pretty much fresh out of school, arrive, 580 00:37:47,431 --> 00:37:50,810 they're ushered into Bernie Madoff's conference room 581 00:37:50,893 --> 00:37:55,022 and they're told that their personal contact for the entire examination's 582 00:37:55,106 --> 00:37:58,734 not going to be some compliance person, as would be the case 583 00:37:58,818 --> 00:38:02,613 in every other examination and anything they were used to, 584 00:38:02,697 --> 00:38:06,492 but their contact is actually going to be Bernie Madoff himself. 585 00:38:10,079 --> 00:38:11,247 Which is just unheard of. 586 00:38:11,330 --> 00:38:14,959 I mean, if you go to do an examination of Apple, 587 00:38:15,042 --> 00:38:17,336 Tim Cook is not following you around for two weeks. 588 00:38:17,420 --> 00:38:20,047 You're not going to hang out with Jeff Bezos at Amazon 589 00:38:20,131 --> 00:38:22,133 when you're doing an examination. 590 00:38:23,384 --> 00:38:25,184 [Campbell] It's not clear to Bernie's business 591 00:38:25,219 --> 00:38:28,055 what they're looking at, because they don't make that clear. 592 00:38:28,139 --> 00:38:29,515 And the truth is, 593 00:38:30,182 --> 00:38:32,476 the two examiners don't really know either. 594 00:38:34,562 --> 00:38:37,189 [Kotz] So these guys, sort of straight out of school, 595 00:38:37,273 --> 00:38:42,028 were immediately faced with Bernie Madoff, their sole contact at the firm. 596 00:38:42,862 --> 00:38:44,864 You know, he's a charismatic guy, 597 00:38:44,947 --> 00:38:48,326 and so he would tell them stories and joke around with them. 598 00:38:49,201 --> 00:38:51,370 And in fact, at one point he tells them 599 00:38:51,454 --> 00:38:55,833 that he is on the short list to become the next head of the SEC. 600 00:38:57,084 --> 00:39:01,672 And there's email communication between these two junior examiners and their boss 601 00:39:01,756 --> 00:39:03,841 where the boss says to them, in joking, 602 00:39:03,924 --> 00:39:07,011 "Maybe you can be Bernie's aides when he comes to take over the SEC." 603 00:39:08,846 --> 00:39:11,140 So they're awestruck to begin with, 604 00:39:11,223 --> 00:39:15,686 and it's very hard for them to focus on what they need to do 605 00:39:15,770 --> 00:39:20,775 when they're just happy to be sitting in a room, talking to Bernie Madoff, 606 00:39:20,858 --> 00:39:22,526 and learning all these things 607 00:39:22,610 --> 00:39:24,737 they didn't even know about the SEC themselves. 608 00:39:26,614 --> 00:39:29,454 [Squillari] Everybody knew when we were being investigated in the office 609 00:39:29,533 --> 00:39:31,744 that Bernie was going to become very odd. 610 00:39:34,205 --> 00:39:36,040 And he would watch everything. 611 00:39:36,123 --> 00:39:37,875 He would monitor them. 612 00:39:40,836 --> 00:39:45,508 He would make sure that they stayed in one location, 613 00:39:46,008 --> 00:39:47,968 that we kept an eye on them. 614 00:39:48,052 --> 00:39:52,598 If they came out to make copies, we would offer to do it for them, 615 00:39:52,681 --> 00:39:55,351 and we would take note of what they were copying. 616 00:39:59,688 --> 00:40:02,358 I used to think of him as Mr. Suspicious, you know. 617 00:40:02,441 --> 00:40:05,319 They were just auditing, but of course, 618 00:40:05,403 --> 00:40:07,780 you know, he was totally worried. 619 00:40:09,949 --> 00:40:14,995 [Henriques] As the SEC investigators continue to pursue documents, 620 00:40:15,079 --> 00:40:19,041 accounts of relationships, dealings that Madoff has, 621 00:40:19,625 --> 00:40:24,380 his initial welcoming mood and graciousness begins to fray. 622 00:40:26,465 --> 00:40:28,801 [Kotz] He had sort of two approaches. 623 00:40:28,884 --> 00:40:32,513 If they were looking at the areas that he wanted them to look at, 624 00:40:33,514 --> 00:40:38,018 he would be very friendly and chat with them and flatter them. 625 00:40:38,102 --> 00:40:39,687 And if they veered from that, 626 00:40:39,770 --> 00:40:42,940 if they veered into the other area, looking at the Ponzi scheme, 627 00:40:43,023 --> 00:40:44,942 he would get really agitated. 628 00:40:45,025 --> 00:40:47,611 Bernie Madoff pushed them towards front-running. 629 00:40:48,112 --> 00:40:53,033 Front-running would be Bernie using his market-making, broker-dealer operation 630 00:40:53,117 --> 00:40:54,535 in a form of insider trading 631 00:40:54,618 --> 00:40:59,206 to move the market in such a way that you could get better returns. 632 00:41:00,666 --> 00:41:03,961 He wanted them to focus on that, because obviously he wasn't doing that. 633 00:41:04,462 --> 00:41:07,339 He's actually been thinking about whether to wiretap the office. 634 00:41:08,966 --> 00:41:11,469 But what he decides is that 635 00:41:11,552 --> 00:41:15,222 when the two young examiners go out and take their lunch break, 636 00:41:15,723 --> 00:41:19,351 Bernie charges into the glassed-in conference room 637 00:41:19,435 --> 00:41:22,771 and actually rifles through their briefcases, 638 00:41:24,106 --> 00:41:26,317 and uncovers that they actually have 639 00:41:26,400 --> 00:41:29,862 the very first investigative reporter articles 640 00:41:29,945 --> 00:41:32,114 Erin Arvedlund and Michael Ocrant wrote 641 00:41:32,198 --> 00:41:34,116 that basically poses the question, 642 00:41:34,200 --> 00:41:38,037 were Bernie's returns with his hedge fund too good to be true? 643 00:41:38,120 --> 00:41:41,081 [suspenseful music playing] 644 00:41:41,165 --> 00:41:46,170 [Campbell] So he finds out their agenda may be investigating the Ponzi scheme. 645 00:41:49,340 --> 00:41:50,966 And this enrages Bernie. 646 00:41:52,426 --> 00:41:53,928 [Henriques] He confronts them. 647 00:41:54,011 --> 00:41:56,096 "What are you looking for?", he says. 648 00:41:56,180 --> 00:42:02,686 And they wander around a bit and finally come up with the words "hedge funds." 649 00:42:02,770 --> 00:42:06,690 "We want to know what your business is with these hedge funds." 650 00:42:10,194 --> 00:42:11,737 "Well," he says, 651 00:42:11,820 --> 00:42:16,158 "I dealt with that with your boss years ago." 652 00:42:17,117 --> 00:42:18,786 "They know all of that." 653 00:42:20,371 --> 00:42:23,290 "Look, no, I'm not running a hedge fund." 654 00:42:23,916 --> 00:42:29,672 "I do trades for hedge funds, as I have explained over and over again." 655 00:42:29,755 --> 00:42:31,882 "Call Washington. They'll tell you." 656 00:42:37,179 --> 00:42:40,391 Kind of the wind, you know, was gone from their sails. 657 00:42:43,269 --> 00:42:47,147 Turns out he knows more about what's going on at the SEC than they do. 658 00:42:47,231 --> 00:42:51,569 And shortly after that, they decide to close the examination 659 00:42:51,652 --> 00:42:54,530 with a determination that there was no evidence 660 00:42:54,613 --> 00:42:57,491 that Bernie Madoff committed anything improper. 661 00:42:59,743 --> 00:43:04,248 And there was no referral of that to anyone else in the SEC. 662 00:43:10,588 --> 00:43:12,506 [Markopolos] Madoff had an impeccable résumé. 663 00:43:14,091 --> 00:43:17,803 He had a very successful brokerage firm that was legitimate. 664 00:43:17,886 --> 00:43:23,684 And everybody thought that someone with that kind of power and industry reputation 665 00:43:23,767 --> 00:43:25,269 wouldn't stoop to stealing. 666 00:43:25,811 --> 00:43:28,897 And that would just burn me up, because I knew it was a Ponzi scheme. 667 00:43:33,861 --> 00:43:36,363 [pulsating music playing] 668 00:43:37,615 --> 00:43:40,534 How does $440 million just disappear? 669 00:43:40,618 --> 00:43:43,954 That's what the SEC, the US Attorney General of Connecticut, 670 00:43:44,038 --> 00:43:46,749 and a slew of disgruntled investors want to know. 671 00:43:46,832 --> 00:43:50,127 [reporter] Former CEO Samuel Israel pleaded guilty 672 00:43:50,210 --> 00:43:52,671 to one count of conspiracy and two of fraud. 673 00:43:52,755 --> 00:43:55,466 He told the court he knew what he was doing at Bayou. 674 00:43:55,549 --> 00:43:57,092 He knew that it was wrong. 675 00:43:59,094 --> 00:44:01,847 [Henriques] In late summer of 2005, 676 00:44:02,640 --> 00:44:06,560 Wall Street is shaken by the exposure 677 00:44:06,644 --> 00:44:10,105 of a kind of flamboyant hedge fund manager, 678 00:44:10,189 --> 00:44:13,567 who is exposed as running a Ponzi scheme. 679 00:44:14,360 --> 00:44:19,365 It sends a shock through the world of hedge fund investors. 680 00:44:20,991 --> 00:44:25,371 At Madoff's investment advisory business, money flowed in less fast. 681 00:44:25,454 --> 00:44:27,414 It flowed out a little faster. 682 00:44:27,956 --> 00:44:31,669 Soon, Bernie is facing a real cash crunch. 683 00:44:33,921 --> 00:44:38,509 He is down to his last $13 million in his JP Morgan account, 684 00:44:38,592 --> 00:44:41,470 the bank account that supported the Ponzi scheme. 685 00:44:42,471 --> 00:44:48,727 And he already has redemption requests for more than $100 million. 686 00:44:48,811 --> 00:44:53,565 He taps some of his biggest clients, most notably Jeffry Picower, 687 00:44:53,649 --> 00:44:57,861 who comes up with $125 million in the nick of time. 688 00:45:00,406 --> 00:45:02,491 Bernie becomes totally dependent on Picower, 689 00:45:02,574 --> 00:45:05,327 because when these periodic cash crunches come up 690 00:45:05,411 --> 00:45:08,706 and the Ponzi's threatened to be exposed, 691 00:45:08,789 --> 00:45:12,668 Jeff Picower puts money in to make sure that the business survived. 692 00:45:14,670 --> 00:45:17,089 And he has Sonja Kohn... 693 00:45:19,216 --> 00:45:22,761 this dynamic, Austrian financier. 694 00:45:22,845 --> 00:45:24,722 Grand dame of Vienna, 695 00:45:24,805 --> 00:45:28,767 who sashays into Bernie's office and entertains everybody with her trilly voice 696 00:45:28,851 --> 00:45:33,105 and brings in a flood of cash. 697 00:45:33,188 --> 00:45:36,608 Some people say that she's the female version of Bernie Madoff. 698 00:45:36,692 --> 00:45:39,945 Not only did she raise a lot of money for him, 699 00:45:40,028 --> 00:45:43,490 but she, strangely enough, looked very much like Bernie Madoff. 700 00:45:43,991 --> 00:45:46,285 It looked like they could have been siblings. 701 00:45:46,910 --> 00:45:48,495 I met her a lot of times. 702 00:45:48,579 --> 00:45:50,497 She was a very nice woman. 703 00:45:51,415 --> 00:45:53,876 She was your typical grandmotherly type. 704 00:45:55,169 --> 00:45:58,505 She always wore one thing in her outfit that stood out. 705 00:45:58,589 --> 00:46:01,049 Like, one time she came in with a furry vest. 706 00:46:02,384 --> 00:46:04,511 I was like, where the hell did that come from? 707 00:46:05,304 --> 00:46:08,223 And she would go into his office. He would be waiting for her. 708 00:46:08,307 --> 00:46:10,350 They would always close the door. 709 00:46:10,434 --> 00:46:12,436 He didn't do that with everybody. 710 00:46:12,936 --> 00:46:16,315 They would talk, and I didn't know what it was about. 711 00:46:17,566 --> 00:46:21,445 [Henriques] She had set up a network of feeder funds all over Europe. 712 00:46:21,528 --> 00:46:24,698 The most important of them was called the Herald Fund. 713 00:46:24,782 --> 00:46:27,868 It could be said that without the Herald Fund, 714 00:46:27,951 --> 00:46:30,913 Bernie was done that year. 715 00:46:30,996 --> 00:46:35,083 The money that Sonja Kohn brought in in that one fund alone 716 00:46:35,167 --> 00:46:39,213 got him out of that crisis and back on solid ground. 717 00:46:40,172 --> 00:46:43,842 They begin a match that produces millions, 718 00:46:43,926 --> 00:46:48,889 and ultimately billions, of dollars for Bernie Madoff. 719 00:46:48,972 --> 00:46:52,518 And a good slice off the top for Sonja Kohn. 720 00:46:53,769 --> 00:46:56,980 She creates an entity called Bank Medici. 721 00:46:57,648 --> 00:47:03,070 Sounds like a lustrous and long-standing institution. 722 00:47:03,153 --> 00:47:04,988 It's existed for about 15 minutes. 723 00:47:06,824 --> 00:47:10,661 But because of the way the world was unfolding then, 724 00:47:10,744 --> 00:47:13,747 because of the burgeoning globalization, 725 00:47:13,831 --> 00:47:16,959 and the drive of European banks, especially, 726 00:47:17,042 --> 00:47:21,088 to get bigger so they could compete on the global stage, 727 00:47:22,005 --> 00:47:24,341 little bitty Bank Medici 728 00:47:24,424 --> 00:47:28,554 finds itself with a minority investment from great, big Bank Austria. 729 00:47:30,556 --> 00:47:34,601 And then Bank Austria finds itself taken over by the even bigger 730 00:47:34,685 --> 00:47:37,521 Italian banking conglomerate, UniCredit. 731 00:47:38,272 --> 00:47:41,483 So through no actions of her own, 732 00:47:41,567 --> 00:47:48,365 she now is part of this extraordinary pedigree of European banking. 733 00:47:48,949 --> 00:47:52,703 By piggybacking on these foreign institutions, 734 00:47:52,786 --> 00:47:56,790 Bernie was able to reach his hand 735 00:47:56,874 --> 00:48:00,669 into the pockets of people all around the world. 736 00:48:01,628 --> 00:48:03,255 So far as I can tell, 737 00:48:03,338 --> 00:48:06,216 no major Ponzi scheme has ever been able to do that before. 738 00:48:07,134 --> 00:48:10,405 [Markopolos] There were so many thousands of people involved in selling this product 739 00:48:10,429 --> 00:48:14,683 to a myriad of clients in so many different countries. 740 00:48:14,766 --> 00:48:17,769 In the United States, we only had 79 feeder funds. 741 00:48:17,853 --> 00:48:19,563 In Europe, it was well over 200. 742 00:48:21,398 --> 00:48:22,941 All the big French banks, 743 00:48:23,025 --> 00:48:26,153 the big German banks, the big Swiss banks, the British banks, 744 00:48:26,236 --> 00:48:29,406 they were involved in selling Madoff like hotcakes. 745 00:48:31,283 --> 00:48:34,328 And, unfortunately, when a case gets that big, 746 00:48:34,411 --> 00:48:36,330 when you have that many billions at risk, 747 00:48:36,413 --> 00:48:40,292 no one wants to believe that the emperor is not wearing any clothes. 748 00:48:41,793 --> 00:48:44,880 [tense music playing] 749 00:48:49,801 --> 00:48:51,887 [Campbell] The folks that gave him the money, 750 00:48:51,970 --> 00:48:53,847 they weren't asking questions, right? 751 00:48:53,931 --> 00:48:56,291 Because they liked the money they got out of it every month. 752 00:48:57,434 --> 00:49:00,687 [Henriques] It became such a golden handcuff 753 00:49:01,355 --> 00:49:07,152 that hedge fund managers were unwilling to challenge Bernie 754 00:49:07,235 --> 00:49:08,946 for his lack of disclosure, 755 00:49:09,029 --> 00:49:11,782 for his refusal to cooperate with due diligence, 756 00:49:11,865 --> 00:49:13,033 for all of the things 757 00:49:13,116 --> 00:49:16,203 that normally would have been red flags waving high and wide. 758 00:49:18,497 --> 00:49:21,416 [Campbell] Where's the money? Where's the assets? Who's holding that? 759 00:49:22,000 --> 00:49:23,835 Is it in the bank? Where is it? 760 00:49:24,670 --> 00:49:26,755 Who's your auditor? Who's looking at your books? 761 00:49:27,881 --> 00:49:31,927 [Sorkin] It scares me to no end that these questions are not being asked, 762 00:49:32,636 --> 00:49:36,056 but the sad part is, it doesn't surprise me at all. 763 00:49:36,765 --> 00:49:42,062 They have a 100% fiduciary responsibility to their clients, 764 00:49:42,145 --> 00:49:45,649 but how many times have we seen people on Wall Street 765 00:49:45,732 --> 00:49:47,401 who have a duty to somebody else, 766 00:49:47,484 --> 00:49:50,946 but in the end, who do they think their real duty is to? 767 00:49:51,029 --> 00:49:52,197 To themselves. 768 00:49:55,117 --> 00:49:57,369 [Markopolos] I was sitting in some of the largest banks, 769 00:49:57,953 --> 00:50:00,872 and they're telling me about their world-class due diligence process. 770 00:50:00,956 --> 00:50:02,833 And yet, they're all selling Madoff. 771 00:50:04,418 --> 00:50:06,753 I thought that was insane, 772 00:50:06,837 --> 00:50:10,173 that they would be that oblivious to an obvious fraud. 773 00:50:14,469 --> 00:50:16,805 [Casey] Harry's motivation in going to the SEC 774 00:50:16,888 --> 00:50:20,058 was just the purity of the business. 775 00:50:23,603 --> 00:50:27,983 And he became extremely focused, myopic on one objective. 776 00:50:29,901 --> 00:50:33,405 And that's why we persisted for five years. 777 00:50:34,781 --> 00:50:37,743 He's like, you ride that bicycle when you're a kid down the street 778 00:50:37,826 --> 00:50:40,912 and a little Pekingese comes out and barks at you 779 00:50:40,996 --> 00:50:42,748 and bites your ankle and won't let go, 780 00:50:42,831 --> 00:50:45,834 and you pedal away, and he's going around and around and around. 781 00:50:45,917 --> 00:50:47,753 If you've had an experience like that, 782 00:50:47,836 --> 00:50:50,213 that's Harry, the Pekingese. 783 00:50:50,297 --> 00:50:52,716 He latches on and he won't let go. 784 00:50:57,846 --> 00:50:59,446 [Markopolos] My email to Meaghan Cheung, 785 00:50:59,473 --> 00:51:02,976 Branch Chief in the New York Regional Field Office of the SEC, 786 00:51:03,060 --> 00:51:06,980 on Monday, November 7, 2005 at 1:49 p.m. 787 00:51:07,064 --> 00:51:10,067 The title is, "The World's Largest Hedge Fund is a Fraud." 788 00:51:12,235 --> 00:51:15,280 [Kotz] Harry Markopolos comes in, in 2005, 789 00:51:15,363 --> 00:51:19,993 with this very long document with nearly 30 red flags. 790 00:51:20,994 --> 00:51:23,080 What Harry basically came forward with was, 791 00:51:23,163 --> 00:51:26,583 the trading strategy that Bernie Madoff had stated he used 792 00:51:26,666 --> 00:51:29,711 was just not something that could achieve those kinds of returns. 793 00:51:29,795 --> 00:51:33,298 And he said, "Look at the numbers, look at what he provided." 794 00:51:33,381 --> 00:51:36,635 "It's impossible that he's trading in the volume that he says he is." 795 00:51:37,469 --> 00:51:40,889 The type of options Bernie claimed he was trading only traded in one place. 796 00:51:40,972 --> 00:51:44,768 And on that exchange, there were only one and a half billion 797 00:51:44,851 --> 00:51:47,604 of those options in existence on the average month. 798 00:51:47,687 --> 00:51:49,773 Well, Bernie needed several times that many. 799 00:51:50,482 --> 00:51:52,275 And they just didn't exist. 800 00:51:53,318 --> 00:51:56,655 And there was no independent check and balance at the Madoff firm, 801 00:51:56,738 --> 00:51:58,907 which is also a red flag. 802 00:51:58,990 --> 00:52:01,284 Bernie's younger brother was the compliance officer, 803 00:52:01,368 --> 00:52:03,495 so it was tightly controlled by the same family. 804 00:52:03,578 --> 00:52:06,206 That was such an obvious part of the fraud. 805 00:52:06,289 --> 00:52:07,290 It was laughable. 806 00:52:08,500 --> 00:52:13,463 [Kotz] One of the obvious red flags was the lack of a counter-party. 807 00:52:13,547 --> 00:52:16,842 For every trade, there's a partner or counter-party with that trade. 808 00:52:16,925 --> 00:52:21,513 And no one was able to find counter-parties for Madoff's trades. 809 00:52:22,097 --> 00:52:26,601 He's purporting to have been trading 30, 40, 50 billion dollars in trades. 810 00:52:26,685 --> 00:52:28,395 You have to have counter-parties. 811 00:52:29,104 --> 00:52:31,189 And, at that point, 812 00:52:31,815 --> 00:52:36,069 given the wealth of evidence that Harry Markopolos put forward, 813 00:52:36,153 --> 00:52:39,823 the SEC realized that they had to do a full investigation. 814 00:52:40,949 --> 00:52:43,451 [printing] 815 00:52:47,664 --> 00:52:50,625 [Henriques] Unlike the 2005 investigation, 816 00:52:51,543 --> 00:52:54,087 they're going to look at his hedge fund clients. 817 00:52:54,171 --> 00:52:58,758 They're going to look at the clients he's supposedly just doing trades for, 818 00:52:58,842 --> 00:53:00,302 and see what they can learn. 819 00:53:01,803 --> 00:53:04,181 So they start knocking on doors 820 00:53:04,264 --> 00:53:07,017 of people who've done business with Bernie for years. 821 00:53:08,101 --> 00:53:11,271 They call Fairfield Greenwich, the feeder fund. 822 00:53:14,399 --> 00:53:16,484 [Kotz] Bernie Madoff learns about this. 823 00:53:16,568 --> 00:53:18,236 Then there was a phone call 824 00:53:18,320 --> 00:53:22,616 between Bernie Madoff and Fairfield's compliance officer, 825 00:53:22,699 --> 00:53:26,661 where Bernie is essentially telling the compliance officer 826 00:53:26,745 --> 00:53:28,622 what to say on the call with the SEC. 827 00:53:29,539 --> 00:53:32,834 [Madoff] Obviously, first of all, this conversation never took place. Okay? 828 00:53:33,418 --> 00:53:35,146 - [Fairfield] Yes, of course. - [Madoff] Okay. 829 00:53:35,170 --> 00:53:38,089 What they do is, you know, the commission when, they ask questions, 830 00:53:38,173 --> 00:53:40,550 they try and draw out information. 831 00:53:41,092 --> 00:53:46,765 The less you know about how we execute and so on and so forth, 832 00:53:46,848 --> 00:53:48,058 the better you are. 833 00:53:48,141 --> 00:53:51,186 Say, "Listen, Madoff has been in business for 45 years." 834 00:53:51,269 --> 00:53:53,897 "He's a well-known broker, you know, 835 00:53:53,980 --> 00:53:58,109 we make the assumption that he's doing everything properly." 836 00:53:59,194 --> 00:54:03,615 The SEC had suspicions when they talked to this compliance officer, 837 00:54:03,698 --> 00:54:04,908 that he was being coached, 838 00:54:04,991 --> 00:54:08,745 and yet that didn't affect how they continued on in the investigation. 839 00:54:11,498 --> 00:54:14,000 [Henriques] For Bernie Madoff, this has gone far enough. 840 00:54:14,084 --> 00:54:17,921 This could begin to get really uncomfortable for him. 841 00:54:18,004 --> 00:54:19,756 So what does he do? 842 00:54:20,632 --> 00:54:24,469 He picks up the phone and tells the SEC he wants to come in and talk with them. 843 00:54:24,552 --> 00:54:25,929 [suspenseful music playing] 844 00:54:26,012 --> 00:54:27,722 [footsteps echoing] 845 00:54:27,806 --> 00:54:30,016 [Henriques] And he does. Alone. 846 00:54:30,517 --> 00:54:35,355 Without a phalanx of lawyers, without a single employee, 847 00:54:35,438 --> 00:54:37,732 without anyone even to carry his briefcase. 848 00:54:37,816 --> 00:54:39,192 Unheard of on Wall Street. 849 00:54:40,110 --> 00:54:43,571 He marches into the SEC offices in New York... 850 00:54:45,782 --> 00:54:48,535 and said, "Ask me anything." 851 00:54:48,618 --> 00:54:51,246 "Ask me your questions. What did you want to know?" 852 00:54:52,998 --> 00:54:54,165 And they press him. 853 00:54:54,249 --> 00:54:59,296 "Well, where do you trade these options that are part of your strategy?" 854 00:55:01,172 --> 00:55:04,175 He writes out a list of banks. 855 00:55:04,259 --> 00:55:10,598 "Oh, and," they say, "we would like to check your clearing house account." 856 00:55:11,975 --> 00:55:14,936 [Kotz] Basically, every time a trade is done, there's a record of it 857 00:55:15,020 --> 00:55:18,356 at this independent, outside entity called DTC. 858 00:55:18,440 --> 00:55:21,568 And so it's a way for regulators or others 859 00:55:21,651 --> 00:55:25,530 to check to see if the trades are actually happening. 860 00:55:26,781 --> 00:55:30,994 [Henriques] "We need your account number so we can check," they tell Bernie. 861 00:55:33,496 --> 00:55:34,664 He writes it out. 862 00:55:35,707 --> 00:55:38,084 He knows, that Friday afternoon, 863 00:55:38,168 --> 00:55:41,713 that if they call any of those banks 864 00:55:41,796 --> 00:55:45,342 expecting to hear that they trade options with him, 865 00:55:45,425 --> 00:55:47,927 or if they check that clearing house account 866 00:55:48,011 --> 00:55:53,350 expecting to find the billions of dollars of assets that are supposed to be there, 867 00:55:53,433 --> 00:55:54,684 but aren't... 868 00:55:56,686 --> 00:55:57,771 the fraud is over. 869 00:55:58,813 --> 00:56:01,066 I don't know what was going through Bernie's mind, 870 00:56:01,149 --> 00:56:04,569 but he handed them the piece of paper 871 00:56:05,779 --> 00:56:06,988 and walked out... 872 00:56:09,866 --> 00:56:14,371 and spent a weekend wondering when the axe would fall. 873 00:56:16,706 --> 00:56:17,706 Monday comes, 874 00:56:18,249 --> 00:56:19,249 Tuesday comes, 875 00:56:19,709 --> 00:56:20,752 Wednesday comes. 876 00:56:24,923 --> 00:56:27,092 The axe never falls. 877 00:56:31,679 --> 00:56:33,264 [Kotz] They asked the question, 878 00:56:33,348 --> 00:56:35,850 they got the information, they got the account number, 879 00:56:35,934 --> 00:56:37,602 but they never made the phone call. 880 00:56:39,896 --> 00:56:46,319 Inconceivable, and I never got an answer that made any sense, to be honest, 881 00:56:46,403 --> 00:56:51,157 from the people that we questioned, under oath in depositions, 882 00:56:51,241 --> 00:56:53,451 about this particular point. 883 00:56:54,327 --> 00:56:56,413 They forgot. They missed it. 884 00:56:57,497 --> 00:56:59,666 But it just doesn't make any sense. 885 00:57:00,542 --> 00:57:02,836 [phone ringing] 886 00:57:03,503 --> 00:57:05,880 [Kotz] The SEC has, over and over again, 887 00:57:05,964 --> 00:57:11,136 examined, investigated, reviewed, analyzed Bernie Madoff's operations, 888 00:57:11,219 --> 00:57:14,681 never conducting a competent exam or investigation. 889 00:57:14,764 --> 00:57:18,768 Never uncovering the obvious fraud. 890 00:57:20,061 --> 00:57:22,313 They only concluded that he had given them 891 00:57:22,397 --> 00:57:25,733 some inaccurate information on the investment advisory side. 892 00:57:25,817 --> 00:57:27,819 [phone ringing in distance] 893 00:57:29,070 --> 00:57:33,950 [Casey] Harry wrote a thesis to the SEC with 29 red flags. 894 00:57:34,033 --> 00:57:35,994 Now, these are not innuendos. 895 00:57:36,911 --> 00:57:39,581 Everything was delineated point by point, 896 00:57:39,664 --> 00:57:40,665 but they ignored it. 897 00:57:42,792 --> 00:57:44,792 [Markopolos] I gave it to them on a silver platter, 898 00:57:44,836 --> 00:57:47,213 but they missed the Ponzi scheme. 899 00:57:48,673 --> 00:57:52,427 And what was tragic is, they did take action against Madoff. 900 00:57:52,510 --> 00:57:53,887 In the summer of 2006, 901 00:57:55,221 --> 00:57:57,432 they made him register as an investment advisor. 902 00:58:00,101 --> 00:58:03,605 And he used that to market to his future victims, 903 00:58:04,272 --> 00:58:07,817 saying,"The SEC came in here, they gave me a clean bill of health." 904 00:58:09,944 --> 00:58:12,489 And so the investors thought, "Wow, it's a green light." 905 00:58:13,490 --> 00:58:16,075 "Let's invest more money with Madoff. He's legit." 906 00:58:17,869 --> 00:58:22,081 [Henriques] Sadly, between 2006 and when it collapsed in 2008... 907 00:58:24,042 --> 00:58:28,213 billions of dollars poured in, in those final years. 908 00:58:28,796 --> 00:58:31,633 This was the great mortgage market bubble. 909 00:58:31,716 --> 00:58:36,888 These were the golden years of 2006, 7 and early 2008 910 00:58:36,971 --> 00:58:40,016 in which you could breathe and make money. 911 00:58:41,559 --> 00:58:44,270 It was this glorious time... 912 00:58:44,354 --> 00:58:45,647 - [bell ringing] - [roars] 913 00:58:45,730 --> 00:58:49,567 ...and Madoff was benefiting from that. 914 00:58:49,651 --> 00:58:52,028 To have shut that fraud down in 2006 915 00:58:52,111 --> 00:58:55,532 would have saved billions of dollars in investor losses. 916 00:58:55,615 --> 00:58:57,659 [uplifting choral music playing] 917 00:58:57,742 --> 00:58:58,910 But they didn't. 918 00:58:58,993 --> 00:59:03,581 It rolled forward until its ultimate demise. 919 00:59:05,583 --> 00:59:07,544 [Markopolos] Nothing my team did stopped Madoff. 920 00:59:07,627 --> 00:59:10,004 Nothing the government did stopped Madoff. 921 00:59:10,838 --> 00:59:13,633 He blew up because the markets blew up in 2008. 922 00:59:14,676 --> 00:59:17,929 [reporter 1] Shockwaves have hit markets across the globe. Stocks... 923 00:59:18,012 --> 00:59:21,849 [reporter 2] Dow fell 778 points, making it the Dow's worst... 924 00:59:21,933 --> 00:59:23,184 [Henriques] That frenzy, 925 00:59:23,268 --> 00:59:26,437 that mood of fear and chaos become the dominant mood. 926 00:59:26,521 --> 00:59:29,083 [reporter 3] This is really shaking the foundation of Wall Street. 927 00:59:29,107 --> 00:59:32,068 [reporter 4] Now it's a full-scale crisis, and has of course started... 928 00:59:32,151 --> 00:59:36,197 [Henriques] And the withdrawal notices start to flow in, 929 00:59:37,073 --> 00:59:39,200 and then pour in, 930 00:59:40,285 --> 00:59:41,786 and then avalanche in. 931 00:59:41,869 --> 00:59:44,949 [reporter 5] The US economy is in a "once-in-a-century crisis." Those words... 932 00:59:44,998 --> 00:59:46,874 [Henriques] The writing's on the wall. 933 00:59:47,458 --> 00:59:49,752 Bernie is running out of money. 934 01:00:11,399 --> 01:00:14,777 [closing theme music playing]