Regulators and Industry Reel after $50bn Madoff Fraud
WASHINGTON, DC - The shockwaves of Bernard Madoff's epic $50 billion fraud have by now hit all manner of financial institutions and investors. The US Securities and Exchange Commission (SEC) is facing accusations of falling asleep at the wheel, after failing to investigate Madoff despite repeated complaints from the industry. Meanwhile, banks, hedge funds and charitable investment funds were all hoodwinked into throwing their money into history's biggest pyramid scheme.
Hedge funds seem to have shouldered the largest losses. Thierry de la Villehuchet, the chief-executive and co-founder of fund manager Access International, was found dead in his New York office on December 23 - police suspected suicide. That was a little over a day after saying "I have to fight for my clients and myself" in the face of European client losses of up to $1.5 billion to Madoff's fraudulent scheme. Other big US hedge fund losers include Fairfield Greenwich - now being sued by its investors for failing to protect $7.5 billion of their assets - and investors of the Tremont group are seeking a similar class action. In Europe, the UK's largest bank, HSBC, has admitted $1 billion of exposure to Madoff's con, while London-based hedge Man Group has also suffered a $360 million exposure. Among the other bank counterparties, such as the Royal Bank of Scotland and Spain's Santander, Austria has already announced the nationalisation of its Bank Medici, which has sustained a $2.1 billion loss.
But it is the SEC that might yet sustain one of the heaviest blows. Responding on December 16 to mounting accusations of failure, SEC chairman Christopher Cox said: "I am gravely concerned by the apparent multiple failures over at least a decade to thoroughly investigate these allegations or at any point to seek formal authority to pursue them." Cox also called for support while the SEC begins to investigate the full extent of Madoff's fraud and its own failures: "The Commission believes strongly that it is vital that SEC investigators, examiners and enforcement staff be above reproach while conducting their duties, in order to ensure the integrity and effectiveness of the SEC."
The US House of Representatives Financial Services Committee will now decide, based on the testimony of investors and SEC inspector-general David Kotz, how to proceed with regard to the regulator's failure to effectively detect Madoff's fraudulent fund - and by implication decide on the future of the regulator itself, and of the hedge fund industry in general.
Reported losses so far:
Fairfield Greenwich, US - $7.5 billion
Tremont, US - $3.3 billion
Optimal Santander, Spain - $3.1 billion
Bank Medici, Austria - $2.1 billion
Access International, US - $1.5 billion
HSBC, UK - $1 billion
Natixis, France - $605 million
The Royal Bank of Scotland, UK - $601 million
BNP Paribas, France - $460 million
BBVA, Spain - $400 million
Man Group, UK - $360 million
Reichmuth & Co, Switzerland - $325 million
Nomura, Japan - $303 million.
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@risk.net or view our subscription options here: http://subscriptions.risk.net/subscribe
You are currently unable to print this content. Please contact info@risk.net to find out more.
You are currently unable to copy this content. Please contact info@risk.net to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@risk.net
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@risk.net
More on Regulation
FRTB revamp won’t restore models to past glory, risk managers say
US-inspired reform only expected to lead to small boost in adoption, with limited desks on IMA
Regulators must think bigger to tackle tech risks, says Hong Kong SFC
Leung warns AI adoption and recent cyber scares show new threats require global co-operation
Time to let some air out of the banking system?
Watchdogs worry about lowering standards, but policy-makers eye growth – they face a difficult dilemma
Competitiveness mandate for Esma faces uphill battle
European Parliament offers last chance to force Esma to take more nuanced approach
Europe expects FRTB to bite on XVA hedges
Risk Benchmarking: One-third of European dealers fear new market risk rules will have major effect on hedges
Burning ambition: will Europe join the US in setting fire to the rules?
As the US dismantles post-crisis regulations, some think Europe will follow in a bid to boost economic growth
Can US perpetual futures solve their identity crisis?
Market could fall under four different regulatory categories, with sharply diverging outcomes
Banks want AML data upgrade to complement US regulatory reform
FinCEN’s proposed overhaul sparks debate on whether it will lead to smarter or weaker supervision