Bernie Madoff failed to obey the laws that are considered the minimum code of conduct to which society has agreed to respect. “Breaking laws means breaking the social contract to which he agreed in becoming a member of society”. In turn this means that society has the right to punish him by revoking the rights granted by it. If we were to apply utilitarianism theory Madoff did not promote a behavior that maximizes the best for the stakeholders. His need for self-interest superseded the best interests of all other members of society. Indeed, many could argue that he demonstrated classic sociopathic tendencies.
Relevant facts • He promised high returns to the clients in spite of economic recession. • Fund strategies were to buy securities from large and credible corporations with low risk with the promise of high returns and secure principle. • He never invested the money. It was deposited instead into his business account at Chase Manhattan bank. • Bernard Madoff sat on the board of directors of the industry security association. • In December 2008, Madoff’s sons informed the federal authorities after he confessed to them that the investment was a Ponzi scheme. • In March 2009, he pleaded guilty to 11 felonies. In June 11, 2009 Madoff was sentenced to maximum sentence of 150 years in prison. • SEC was scrutinized for not investigating, despite complaints from Markopoulos and others. • Size of loss to investors between $12 and $50 billion Fairness to all concerned Bernie Madoff is the world record holder for a Ponzi scheme. He stole over $50 billion claiming he had invested clients’ money. Many investors lost their entire life savings and it ruined their lives. Even if he were to be sentenced with capital punishment his death wouldn’t amply punishment for the damage he has caused for the stakeholders.
The Essay on The Effects of Punishment and Sentencing 2
The four fundamental philosophies surrounding the purpose of sentencing are; retribution, this philosophy is the belief that those who commit criminal acts should be punished according to the seriousness of the crime and that no other circumstances are considered, deterrence, this strategy is the thought that if the punishment given is severe enough that it will stop the potential criminal from ...
Furthermore, the nonprofit organizations were compelled to end their operations. Hence, they are no longer able to contribute to the society. Life in prison or even capital punishment sometimes does not meet just requirements. In extreme cases such as this, where societal damage occurs and reoccurs on multiple levels, affecting both individuals and corporations, because of the acts of one immoral person, the justice system should deliver punishment in the swiftest and most thorough manner possible. Impact on society
Besides many individuals and organizations being affected by Madoff’s Ponzi scheme, there are other affected groups which are not directly involved either by investing or being active in the industry. These include needy families. As a result of the Ponzi scheme many individual investors, financial institutions, hospitals and charitable organizations suffered a great deal of economic depression which in turn, resulted in loss of employment, reduction in wages, bankruptcy for some people, an increase in the unemployment rate, and in the worst of cases, even suicide.
Since many families experienced a substantial reduction in their finances, more people were in need of seeking assistance from the government as well as from charitable organizations. “Since charitable organizations were among the victims of the Ponzi scheme, individual donors are less likely to make their donations,” or were more likely to donate less than their normal contributions. Therefore, agencies which receive less financial support would be able to support fewer families, even if there are more families in need of financial assistance.
Impact to any related industries Bernard Madoff’s fraudulent investment firm has had a tremendous impact in the investment industry and beyond, affecting large corporations globally, including some of the largest international banks, charities, pension funds and wealthy investors. The scandal, the world’s largest ever fraud, will mean the widespread destruction of wealth, not just in the United States, but internationally.
The Term Paper on The Creation of a Common Market for Financial Services in the European Union
Of all the global achievements in the last 50 years, economic integration in Europe may be considered as the most notable of all. From a continent separated by war and differences in culture, Europe has proceeded to become an economic and political leader today. The formation of the European Union (EU), the accession of the 15 European countries to the Community, and the introduction of a single ...
It runs the risk of causing financial institutions and businesses to default on their promises, particularly those that have invested in hedge funds which could, in turn, bring down other investors, including major infrastructure and industrial corporations which have made loans to them. “While many of Madoff’s clients were institutional investors, some of his victims were smaller investors, including charities, pension funds and individuals whom he knew socially and who had placed their nest eggs with him”.
As all of society’s industries co-exist on some level, the financial devastation was truly widespread and all-encompassing. Consumer confidence has dropped to an all time low, in no small part to the behavior of one unscrupulous gentleman. Impact to the stakeholders Madoff’s Ponzi scheme as previously mentioned has had a tremendous impact on stakeholders whether that would be an individual investor, financial institution, large corporation or charitable organization. All of the stakeholders were not affected equally; that depended on the level of their financial capacity.
Some of the individual investors were faced with bankruptcy or even committed suicide. Larger corporations were involved in lawsuits or write-downs. Individual donors changed their pattern of their donation and so on. Among others, charitable organizations were vulnerable to his Ponzi scheme because of his alleged consistency of high and stable returns. Madoff was attracted to charitable organizations because of the fact that they did not need to withdraw any proceeds from the Madoff investments to pay income taxes on their returns since they were tax free organizations.
Charitable organizations seem to have been making high returns with Madoff over a long period, leading to a desire by other charities to share in the “profits”. Impact to the employees Fortunately, Madoff’s firm employed only a dozen people; that including his sons who allegedly were not involved in the Ponzi scheme. Employees that were involved in the scheme, such as the accounting firm are just as responsible as the mastermind of the Ponzi scheme. Other employees that were not involved experienced a great deal of humiliation, loss of credibility as well as financial loss. Industry image
The Business plan on Report on Financial Statement Fraud Scheme
Crazy Eddie Electronics Stores a chattered company, traded under the symbol CRXY on the New York Stock Exchange. The company was under management of Eddie Antar family from 1971 until 1987 when Oppenheimer-Palmieri Fund (OPF) took over the company as a result of proxy bid (Sanburn, 2012). After a very short time; however, Oppenheimer-Palmieri Fund management decided to suspend the entire board of ...
financial industry throughout its history has been faced with numerous scandals that contributed to fear, cynicism and distrust. Undoubtedly, this has caused powerful emotions among investors. Looking back at the financial scandals that occurred over the years, we come to realize that unethical behavior and unprofessionalism led people such as Madoff conducting schemes causing a chain of negative reactions from individual investors to the economy as a whole. By setting the rules, encouraging everyone involved to hold to the highest of ethical standards, the industry ensures that it is and will remain fair and transparent for everyone.
We are aware of the fact that the financial industry is based on principles of integrity and equality and focuses on stakeholder interests. Therefore, Madoff’s actions do not uphold the industry image. Federal guidelines Bernie Madoff not only disregarded the federal guidelines. “He was even convicted and charged with 11 federal offences, including security fraud, wire fraud, mail fraud, money laundering, making false statements, perjury; theft from an employee benefit plan and making false filings with the SEC”. Bernie Madoff never made any legitimate returns with his clients’ money.
His blatant disregard for the rules and regulations that govern the financial industry indicate his scorn for the legitimacy of wealth creation. Personal conscious if involved in a similar situation If I were an employee of this company and became aware of the circumstances of its operation, it would be my moral obligation first to desist from working there, but more importantly, to report my findings to the appropriate authorities. It would be impossible for me to look at myself with a clear conscience if I did not do just that. References Magazines:
The Research paper on Balance Sheet and Financial Reporting Fraud
There is clear evidence throughout the questionnaire that there is a measurable “tone from the top” regarding integrity and a commitment to corporate values. Dickinson maintains a comprehensive code of conduct that all employees are required to sign and follow. Senior management is highly respected and employees feel a sense of fairness and integrity when dealing with them. When problems do arise, ...
David Glovin 2010 Money Manager Chais Remains Subject of Madoff Probe Bloomberg Janet Whitman 2008 Madoff investors unlikely to regain money Financial post Harry Markoplos 2005 The world’s largest fund is a fraud, SEC Robert Lezner 2008 Bernie Madoff’s $50 Billion Ponzi scheme Forbes Henry Blodget 2009 Bernie Madoff’s Victims Business insider Business Insider Internet sources: http://en. wikipedia. org/wiki/Bernard_Madoff http://www. wsws. org/articles/2008/dec2008/mado-d18. shtml http://money. cnn. com/2009/03/12/news/newsmakers/madoff_transcript/ http://www. cbsnews. com/stories/2010/06/03/business/main6544040. shtml
