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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:02:55,008 --> 00:02:56,842 Wall Street is one big turf war. 2 00:02:56,843 --> 00:02:59,011 The basic concept of Wall Street, 3 00:02:59,012 --> 00:03:02,014 which sometimes the regulators lose sight of, 4 00:03:02,015 --> 00:03:04,850 is, it's a for-profit enterprise. 5 00:03:04,851 --> 00:03:07,019 By benefiting one person, 6 00:03:07,020 --> 00:03:09,354 you're disadvantaging another person. 7 00:03:26,206 --> 00:03:29,041 [indistinct conversation] 8 00:03:29,042 --> 00:03:30,209 I had no inkling that 9 00:03:30,210 --> 00:03:33,420 anything was gonna change my life that day. 10 00:03:33,421 --> 00:03:35,923 Okay, guys, let's get ready to go to karate. 11 00:03:35,924 --> 00:03:36,924 Come on. Get your stuff. 12 00:03:36,925 --> 00:03:38,592 Let's go. 13 00:03:42,805 --> 00:03:44,473 Wall Street veteran Bernie Madoff 14 00:03:44,474 --> 00:03:46,308 has been arrested and charged with running 15 00:03:46,309 --> 00:03:48,477 a $50-billion Ponzi scheme. 16 00:03:48,478 --> 00:03:50,979 This is one of the biggest fraud cases ever. 17 00:03:50,980 --> 00:03:52,814 His name is Bernard Madoff. 18 00:03:52,815 --> 00:03:54,650 He is under arrest, charged with running... 19 00:03:54,651 --> 00:03:57,152 The SEC accusing Bernard Madoff 20 00:03:57,153 --> 00:03:58,487 and his investment firm... 21 00:03:58,488 --> 00:04:01,823 You don't get to steal that much money overnight. 22 00:04:01,824 --> 00:04:03,825 I don't know if you can answer this- 23 00:04:03,826 --> 00:04:06,161 But he had 17 billion under management. 24 00:04:06,162 --> 00:04:07,496 How do we get up to that? 25 00:04:07,497 --> 00:04:08,664 And his investment firm... 26 00:04:08,665 --> 00:04:10,457 The SEC doesn't pay attention to it. 27 00:04:16,214 --> 00:04:18,006 Assumed the right things were invested... 28 00:04:18,007 --> 00:04:19,716 We lost everything. 29 00:04:19,717 --> 00:04:21,218 We lost everything. 30 00:04:21,219 --> 00:04:22,594 We are major crime victims. 31 00:04:22,595 --> 00:04:25,180 Bernie Madoff stole every dime we gave to him. 32 00:04:25,181 --> 00:04:27,557 $1.3 million. That's all gone. 33 00:04:27,558 --> 00:04:28,725 The retirement is never. 34 00:04:28,726 --> 00:04:29,893 I guess his addiction was money. 35 00:04:29,894 --> 00:04:31,270 The only sorrow he feels 36 00:04:31,271 --> 00:04:33,605 is that he got caught, and he's behind bars. 37 00:04:33,606 --> 00:04:34,940 The government let us down. 38 00:04:34,941 --> 00:04:36,900 They were supposed to watch him, and they didn't. 39 00:04:36,901 --> 00:04:38,568 What is the purpose of the SEC 40 00:04:38,569 --> 00:04:40,737 other than to investigate fraud? 41 00:04:40,738 --> 00:04:42,739 Where were they? 42 00:04:44,534 --> 00:04:47,202 Shortly after Bernard Madoff confessed, 43 00:04:47,203 --> 00:04:49,663 I got a call from the former chairman of the SEC 44 00:04:49,664 --> 00:04:53,125 asking me to investigate how come the SEC 45 00:04:53,126 --> 00:04:56,169 did not uncover Madoff's Ponzi scheme. 46 00:04:56,170 --> 00:04:57,838 What the heck went on? 47 00:04:57,839 --> 00:04:59,965 We did not bring an enforcement action. 48 00:04:59,966 --> 00:05:03,302 We're using the Madoff scandal as a platform 49 00:05:03,303 --> 00:05:06,596 to set the basis for regulatory reform. 50 00:05:12,478 --> 00:05:14,313 Nothing about this case was ever believable. 51 00:05:14,314 --> 00:05:15,981 It was always the twilight zone. 52 00:05:15,982 --> 00:05:17,816 And that's how you knew it was the Madoff case, 53 00:05:17,817 --> 00:05:19,318 'cause every time you saw something, 54 00:05:19,319 --> 00:05:20,986 it never made sense. 55 00:05:36,669 --> 00:05:40,005 Joined Rampart August 1991. 56 00:05:40,006 --> 00:05:41,715 Started out as a portfolio manager 57 00:05:41,716 --> 00:05:43,508 and worked for the chief investment officer. 58 00:05:43,509 --> 00:05:46,511 Harry's a loveable, affable geek. 59 00:05:46,512 --> 00:05:48,680 He's extremely bright, 60 00:05:48,681 --> 00:05:53,018 magnitudes brighter than me. 61 00:05:53,019 --> 00:05:56,521 And he can make the numbers dance. 62 00:05:56,522 --> 00:06:00,359 I mean, he looks at numbers, and they sing a song to him. 63 00:06:00,360 --> 00:06:02,194 Frank Casey was the horse 64 00:06:02,195 --> 00:06:03,695 that did the work on the money. 65 00:06:03,696 --> 00:06:05,030 He was the moneyman. 66 00:06:05,031 --> 00:06:08,700 My first impression of Harry was, I would say, 67 00:06:08,701 --> 00:06:12,537 maybe the crazy professor. 68 00:06:12,538 --> 00:06:14,206 Neil was my backstop. 69 00:06:14,207 --> 00:06:16,041 He would look at all the math, all the formulas, 70 00:06:16,042 --> 00:06:17,542 prove all the math, all the formulas. 71 00:06:17,543 --> 00:06:18,877 Check all the spreadsheets. 72 00:06:18,878 --> 00:06:20,712 I was trying at the time 73 00:06:20,713 --> 00:06:23,048 to build a new product for Rampart, 74 00:06:23,049 --> 00:06:25,050 and when Harry mentioned to me 75 00:06:25,051 --> 00:06:28,220 that he knew a fellow down in New York 76 00:06:28,221 --> 00:06:31,723 that had hired a manager, a single manager, 77 00:06:31,724 --> 00:06:34,726 instead of a group of 30 or 35 of them, 78 00:06:34,727 --> 00:06:36,561 who was putting out a return stream 79 00:06:36,562 --> 00:06:38,730 similar to what I was trying to do, 80 00:06:38,731 --> 00:06:41,233 this I had to go see. 81 00:06:41,234 --> 00:06:42,567 That's when I went down to New York 82 00:06:42,568 --> 00:06:46,321 to meet the investor that had hired this manager: 83 00:06:46,322 --> 00:06:48,490 Thierry de la Villehuchet. 84 00:06:48,491 --> 00:06:51,743 He said, "Well, I can't tell you anything about him." 85 00:06:53,079 --> 00:06:54,746 And that perked my ears up. 86 00:06:54,747 --> 00:06:57,833 I had been around Wall Street since 1974, 87 00:06:57,834 --> 00:07:00,293 and very seldom do you ever hear of a manager 88 00:07:00,294 --> 00:07:01,795 that no one can talk about. 89 00:07:01,796 --> 00:07:03,755 So I begged him 90 00:07:03,756 --> 00:07:06,341 for the opportunity to compete with this fellow. 91 00:07:08,761 --> 00:07:10,262 He showed me the return stream, 92 00:07:10,263 --> 00:07:13,432 and I brought them back to Harry in Boston. 93 00:07:15,268 --> 00:07:17,811 Late '99, Frank comes back from New York, 94 00:07:17,812 --> 00:07:20,188 and he hands me a marketing document. 95 00:07:25,611 --> 00:07:27,654 Read the strategy description. 96 00:07:27,655 --> 00:07:29,489 Looked at the performance line. 97 00:07:29,490 --> 00:07:32,033 It was straight up, 45-degree angle. 98 00:07:32,034 --> 00:07:35,203 It looked like nothing from finance that I've ever seen, 99 00:07:35,204 --> 00:07:38,707 'cause the markets go up, then they go down. 100 00:07:38,708 --> 00:07:41,835 Harry looked at it for no more than four or five minutes. 101 00:07:41,836 --> 00:07:42,878 He turned to me. 102 00:07:42,879 --> 00:07:44,296 He says, "Frank, you know options. 103 00:07:44,297 --> 00:07:46,131 You know this is a fraud." 104 00:07:47,633 --> 00:07:49,301 [indistinct police radio transmission] 105 00:07:50,970 --> 00:07:52,637 And he said, "Are you sure? 106 00:07:52,638 --> 00:07:55,640 "Is your math good enough to figure this out? 107 00:07:55,641 --> 00:07:57,309 Can you reverse engineer it?" 108 00:07:57,310 --> 00:07:59,144 And so I felt, you know, a little bit offended, 109 00:07:59,145 --> 00:08:00,604 and my pride was wounded. 110 00:08:00,605 --> 00:08:02,481 "What do you mean, something wrong with my math? 111 00:08:02,482 --> 00:08:03,607 "These numbers don't exist. 112 00:08:03,608 --> 00:08:04,816 "Don't you understand? 113 00:08:04,817 --> 00:08:06,485 "You don't get straight lines in finance. 114 00:08:06,486 --> 00:08:07,736 It never happens." 115 00:08:07,737 --> 00:08:09,571 I said, "Oh, but, Harry, I need to believe. 116 00:08:09,572 --> 00:08:11,656 Come on. We got to compete." 117 00:08:11,657 --> 00:08:14,159 So he began building mathematical models 118 00:08:14,160 --> 00:08:17,662 to show what the probability would look like, 119 00:08:17,663 --> 00:08:19,164 what the returns would look like 120 00:08:19,165 --> 00:08:22,209 if this guy was actually doing what he said he was doing. 121 00:08:22,210 --> 00:08:24,211 And after four hours, I knew this was explosive. 122 00:08:24,212 --> 00:08:26,213 This is gonna rock the world. 123 00:08:32,512 --> 00:08:34,179 Everybody's gonna sit up and take notice. 124 00:08:35,681 --> 00:08:37,766 I remember Harry looking at the numbers and saying, 125 00:08:37,767 --> 00:08:42,020 "Frank, if this guy was a professional baseball player, 126 00:08:42,021 --> 00:08:45,023 he would be hitting a .964." 127 00:08:46,609 --> 00:08:48,276 It was pretty clear that it was a fraud. 128 00:08:48,277 --> 00:08:50,278 It took me five minutes to figure it out. 129 00:08:57,119 --> 00:09:00,121 Thierry de la Villehuchet was a sailor, 130 00:09:00,122 --> 00:09:01,873 and I'm a sailor. 131 00:09:01,874 --> 00:09:05,001 We built a bit of a rapport that first day. 132 00:09:05,002 --> 00:09:08,797 I said to Thierry, "How much is this guy running?" 133 00:09:08,798 --> 00:09:09,839 He says, "Oh, I don't know. 134 00:09:09,840 --> 00:09:12,259 I'd say $2 billion or $3 billion." 135 00:09:12,260 --> 00:09:13,552 So that made him automatically 136 00:09:13,553 --> 00:09:15,887 the largest manager on Wall Street at the time, 137 00:09:15,888 --> 00:09:18,223 and no one knew that he was doing it. 138 00:09:18,224 --> 00:09:20,559 He then mentioned that his money manager 139 00:09:20,560 --> 00:09:23,061 was Bernie Madoff. 140 00:09:31,696 --> 00:09:33,697 I said, "Okay, this is a massive fraud. 141 00:09:33,698 --> 00:09:35,699 "It's the biggest fraud ever. 142 00:09:35,700 --> 00:09:38,034 I better have somebody recheck my math." 143 00:09:38,035 --> 00:09:40,704 And so I gave my math to Neil Chelo, 144 00:09:40,705 --> 00:09:43,373 who was my assistant portfolio manager at the time. 145 00:09:43,374 --> 00:09:47,043 My initial thought was, "Too good to be true, 146 00:09:47,044 --> 00:09:48,545 but maybe I'm missing something." 147 00:09:48,546 --> 00:09:50,088 I needed to dig in. 148 00:09:50,089 --> 00:09:52,924 So he checked, and he ran through all the math. 149 00:09:52,925 --> 00:09:54,926 Now, this wasn't gray area. 150 00:09:54,927 --> 00:09:56,761 This was black-and-white. 151 00:09:56,762 --> 00:09:58,597 This was fraud. 152 00:09:58,598 --> 00:10:00,473 When I first saw this portfolio- 153 00:10:00,474 --> 00:10:01,975 seven times bigger 154 00:10:01,976 --> 00:10:03,810 than the number of options in existence. 155 00:10:03,811 --> 00:10:06,313 So if you only have this many options in existence 156 00:10:06,314 --> 00:10:08,148 and you're seven times larger, 157 00:10:08,149 --> 00:10:10,734 that's a problem. 158 00:10:10,735 --> 00:10:12,902 Harry said, "Frank, you're an options guy. 159 00:10:12,903 --> 00:10:14,738 "You know that this can't be true. 160 00:10:14,739 --> 00:10:16,906 It's got to be a fraud." 161 00:10:16,907 --> 00:10:18,575 And then he says, "I probably- 162 00:10:18,576 --> 00:10:21,202 I figure it's even a Ponzi." 163 00:10:21,203 --> 00:10:23,079 And I said, "Whoa. 164 00:10:23,080 --> 00:10:25,874 That's a big word." 165 00:10:33,341 --> 00:10:35,467 You're basically robbing Peter to pay Paul. 166 00:10:35,468 --> 00:10:36,968 It was called a Peter-and-Paul scheme 167 00:10:36,969 --> 00:10:39,304 before Ponzi came about in Boston 168 00:10:39,305 --> 00:10:40,972 in the late '20s, early '30s. 169 00:10:40,973 --> 00:10:42,807 What I do is, I bring the money in, 170 00:10:42,808 --> 00:10:44,643 and I'm always paying everybody else- 171 00:10:44,644 --> 00:10:46,144 the earlier investors- 172 00:10:46,145 --> 00:10:48,521 with the money that I'm bringing in. 173 00:10:48,522 --> 00:10:50,857 You need an ever-increasing flow of new victims 174 00:10:50,858 --> 00:10:53,276 to pay off the old victims. 175 00:10:53,277 --> 00:10:55,945 You can build that Ponzi scheme up 176 00:10:55,946 --> 00:11:00,283 until it becomes so big that its own weight crashes it, 177 00:11:00,284 --> 00:11:02,619 because you cannot raise money fast enough 178 00:11:02,620 --> 00:11:05,622 to pay back all the people you owe a return to. 179 00:11:16,300 --> 00:11:17,842 I went to some very sophisticated, 180 00:11:17,843 --> 00:11:19,511 successful friends of mine 181 00:11:19,512 --> 00:11:21,680 who are established on Wall Street, 182 00:11:21,681 --> 00:11:25,183 and they both suggested different ways 183 00:11:25,184 --> 00:11:27,102 in which to invest my money, 184 00:11:27,103 --> 00:11:30,063 one of which was to invest in the Ascot Fund, 185 00:11:30,064 --> 00:11:33,066 which turns out, unbeknownst to me at the time, 186 00:11:33,067 --> 00:11:35,902 to be a 100% feeder fund for Bernie Madoff. 187 00:11:35,903 --> 00:11:37,946 And once the money was put in, 188 00:11:37,947 --> 00:11:41,449 you got these wonderful monthly reports. 189 00:11:41,450 --> 00:11:44,119 Every month, you were richer than the month before. 190 00:11:44,120 --> 00:11:45,620 What could be bad? 191 00:11:45,621 --> 00:11:47,622 And life went on. 192 00:11:47,623 --> 00:11:51,626 And we didn't take money out, and it just grew. 193 00:11:54,505 --> 00:11:56,840 And now, you got to remember that this guy, Madoff, 194 00:11:56,841 --> 00:11:59,175 he became the chairman of NASDAQ. 195 00:11:59,176 --> 00:12:03,012 I mean, this was a very powerful, prominent man 196 00:12:03,013 --> 00:12:05,181 who ran a major trading company. 197 00:12:05,182 --> 00:12:07,016 You didn't make accusations lightly 198 00:12:07,017 --> 00:12:09,686 against an individual like that. 199 00:12:09,687 --> 00:12:10,895 The fact that the market 200 00:12:10,896 --> 00:12:13,231 goes down 300 points or up 300 points, 201 00:12:13,232 --> 00:12:15,066 take my word, but for the most part, 202 00:12:15,067 --> 00:12:16,901 you can ignore all of that stuff, 203 00:12:16,902 --> 00:12:20,530 if you're investing for your retirement or whatever, 204 00:12:20,531 --> 00:12:24,701 you don't have to get involved in all these insane moves 205 00:12:24,702 --> 00:12:26,244 that occur in the marketplace. 206 00:12:26,245 --> 00:12:27,746 It's unfortunate for me 207 00:12:27,747 --> 00:12:30,290 that I have to deal with this every day. 208 00:12:34,754 --> 00:12:36,463 And then Harry took it 209 00:12:36,464 --> 00:12:39,966 to the Boston Securities and Exchange Commission 210 00:12:39,967 --> 00:12:41,468 in May of 2000. 211 00:12:46,682 --> 00:12:49,434 The mission of the SEC is to protect investors; 212 00:12:49,435 --> 00:12:52,103 maintain fair, orderly, and efficient markets; 213 00:12:52,104 --> 00:12:54,689 and to facilitate capital formation. 214 00:12:55,900 --> 00:12:57,400 In the wake of the Great Depression, 215 00:12:57,401 --> 00:12:59,944 Ferdinand Pecora examined high-profile witnesses 216 00:12:59,945 --> 00:13:02,781 and uncovered many abusive practices by the banks. 217 00:13:02,782 --> 00:13:04,115 This led to the formation 218 00:13:04,116 --> 00:13:05,909 of the Securities and Exchange Commission, 219 00:13:05,910 --> 00:13:07,577 the government body that exists today 220 00:13:07,578 --> 00:13:09,871 to regulate U.S. financial markets 221 00:13:09,872 --> 00:13:12,540 and to protect your savings. 222 00:13:14,126 --> 00:13:17,420 I called Ed Manion over at the SEC's Boston office. 223 00:13:17,421 --> 00:13:19,088 And he said to them, 224 00:13:19,089 --> 00:13:22,091 "I've got a fraud here that you need to investigate." 225 00:13:22,092 --> 00:13:23,927 You know, our hope was that the SEC 226 00:13:23,928 --> 00:13:27,263 was gonna quickly do something about it. 227 00:13:31,685 --> 00:13:34,854 I wasn't surprised that Harry decided to push. 228 00:13:34,855 --> 00:13:37,357 He never asked for counsel before he went to the SEC. 229 00:13:37,358 --> 00:13:38,775 He just did it. 230 00:13:41,779 --> 00:13:43,196 He was calling 231 00:13:43,197 --> 00:13:46,199 one of the most successful people on Wall Street 232 00:13:46,200 --> 00:13:49,035 a fraud in a Ponzi scheme, 233 00:13:49,036 --> 00:13:51,871 and had that knowledge become known, 234 00:13:51,872 --> 00:13:56,251 he could have ruined entirely someone's investment career. 235 00:14:06,220 --> 00:14:08,221 Days passed. Weeks passed. 236 00:14:08,222 --> 00:14:09,722 Months passed. 237 00:14:09,723 --> 00:14:13,393 And we never saw anything happen. 238 00:14:13,394 --> 00:14:17,856 Madoff just continued to report good numbers. 239 00:14:17,857 --> 00:14:19,691 What happened here? 240 00:14:19,692 --> 00:14:24,362 We literally receive hundreds of thousands of complaints 241 00:14:24,363 --> 00:14:26,656 every year, hundreds of thousands. 242 00:14:26,657 --> 00:14:28,157 We were surprised, I guess, 243 00:14:28,158 --> 00:14:33,496 at the extent of the lack of appropriate investigation. 244 00:14:33,497 --> 00:14:34,998 You know, when we first went into it, 245 00:14:34,999 --> 00:14:38,835 we thought perhaps that they had done certain things, 246 00:14:38,836 --> 00:14:40,837 but Madoff was able to fool them 247 00:14:40,838 --> 00:14:43,506 and would always provide false documents to them, 248 00:14:43,507 --> 00:14:46,009 and there was almost nothing they could do to uncover it. 249 00:14:46,010 --> 00:14:47,176 But what we found was, 250 00:14:47,177 --> 00:14:48,761 there were steps they could have taken. 251 00:14:48,762 --> 00:14:49,971 They simply didn't take them. 252 00:14:49,972 --> 00:14:54,642 Our economy is in crisis. 253 00:14:54,643 --> 00:14:57,478 We thought the enemy was Mr. Madoff. 254 00:14:57,479 --> 00:15:00,481 I think it's you. 255 00:15:00,482 --> 00:15:02,483 You were the shield. 256 00:15:02,484 --> 00:15:04,986 You were the protector. 257 00:15:04,987 --> 00:15:06,529 How are we supposed to stop Madoff? 258 00:15:06,530 --> 00:15:08,364 He had many billions of dollars to protect. 259 00:15:08,365 --> 00:15:12,035 If he had found out about us, that could have been dangerous. 260 00:15:12,036 --> 00:15:13,202 And here's the reason 261 00:15:13,203 --> 00:15:15,204 we were worried about risk for Harry. 262 00:15:16,206 --> 00:15:17,373 There was this fellow 263 00:15:17,374 --> 00:15:19,208 that had blown the whistle 264 00:15:19,209 --> 00:15:21,377 on a big mutual fund fraud up in Boston, 265 00:15:21,378 --> 00:15:23,379 and they found that poor fellow beat 266 00:15:23,380 --> 00:15:25,882 and left for dead in a parking lot. 267 00:15:28,594 --> 00:15:31,095 I think there was a legitimate threat there. 268 00:15:31,096 --> 00:15:35,600 I mean, Madoff was a very powerful man. 269 00:15:35,601 --> 00:15:38,436 And so Harry was fearful for his life. 270 00:15:38,437 --> 00:15:41,648 And he began finding ways to protect himself. 271 00:15:59,583 --> 00:16:02,752 Harry Markopolos and I have known each other 272 00:16:02,753 --> 00:16:05,922 since shortly after Harry moved into town 273 00:16:05,923 --> 00:16:09,092 and came into my office due to the fact 274 00:16:09,093 --> 00:16:13,221 of wanting to be issued a firearms permit. 275 00:16:20,437 --> 00:16:21,938 We talked about, 276 00:16:21,939 --> 00:16:23,439 "Do you think at any point in time, 277 00:16:23,440 --> 00:16:26,275 "you might want to kick it up a notch 278 00:16:26,276 --> 00:16:29,445 and have it for self-protection?" 279 00:16:31,115 --> 00:16:32,949 You hate to think about those things, 280 00:16:32,950 --> 00:16:35,410 but you better think about them. 281 00:16:40,165 --> 00:16:41,499 I was asking a lot of questions. 282 00:16:41,500 --> 00:16:43,501 I was making a lot of phone calls. 283 00:16:45,170 --> 00:16:47,338 I figured, anybody who was stealing that large 284 00:16:47,339 --> 00:16:50,883 would go to extreme measures to protect the scheme, 285 00:16:50,884 --> 00:16:53,052 protect the organization. 286 00:16:53,053 --> 00:16:57,557 And I was worried about getting taken off the playing field. 287 00:17:14,450 --> 00:17:17,452 You have to be a real evil person to do this, 288 00:17:17,453 --> 00:17:20,288 and no telling where they're gonna stop, 289 00:17:20,289 --> 00:17:22,123 where the line is that they won't cross. 290 00:17:22,124 --> 00:17:23,791 So you just have to assume there is no line, 291 00:17:23,792 --> 00:17:26,961 and you have to take extreme measures to protect yourself. 292 00:17:26,962 --> 00:17:29,797 So I was very frightened, 293 00:17:29,798 --> 00:17:31,716 terrified. 294 00:17:42,186 --> 00:17:44,020 He was a very good child 295 00:17:44,021 --> 00:17:47,356 until he became three, 296 00:17:47,357 --> 00:17:50,526 and then he got into a lot of little mischief. 297 00:17:51,820 --> 00:17:53,321 Questioned the teachers, in fact. 298 00:17:53,322 --> 00:17:55,656 He said that they didn't have the correct question 299 00:17:55,657 --> 00:17:58,326 to his answers. 300 00:17:58,327 --> 00:18:01,829 Well, my school was a very small, Catholic, 301 00:18:01,830 --> 00:18:04,999 all-male preparatory school. 302 00:18:08,712 --> 00:18:10,880 These are our trophies from athletics. 303 00:18:10,881 --> 00:18:13,382 You can see that we won many district championships 304 00:18:13,383 --> 00:18:15,051 and many, many state titles. 305 00:18:15,052 --> 00:18:16,677 I mean, this school has never been afraid 306 00:18:16,678 --> 00:18:18,429 of playing much bigger schools in sports. 307 00:18:18,430 --> 00:18:20,932 We were never afraid of backing down academically. 308 00:18:20,933 --> 00:18:22,975 Whether it was our debate team or our football team, 309 00:18:22,976 --> 00:18:25,311 we would take on all comers. 310 00:18:29,900 --> 00:18:32,735 Basically, what they told us was, 311 00:18:32,736 --> 00:18:34,737 you have to stand for something, 312 00:18:34,738 --> 00:18:37,907 and you have to be able to fight for what you stand for. 313 00:18:39,535 --> 00:18:42,036 I've fought many a time and not won. 314 00:18:42,037 --> 00:18:44,038 You know, most people were bigger than me, 315 00:18:44,039 --> 00:18:46,541 so you just get used to it. 316 00:18:46,542 --> 00:18:47,875 I don't mind losing. 317 00:18:47,876 --> 00:18:50,211 You just have to show up. 318 00:18:55,342 --> 00:18:58,845 The management of Rampart and even myself 319 00:18:58,846 --> 00:19:00,346 were praying that we could come up 320 00:19:00,347 --> 00:19:01,681 with something to compete. 321 00:19:01,682 --> 00:19:04,350 So Neil and I are talking back and forth, 322 00:19:04,351 --> 00:19:05,852 and we're complaining, both of us, 323 00:19:05,853 --> 00:19:07,854 about the pressure we're getting from marketing. 324 00:19:07,855 --> 00:19:09,689 And it's hard to compete with someone 325 00:19:09,690 --> 00:19:12,775 if you're competing with a fraud. 326 00:19:16,113 --> 00:19:18,114 We tried to develop at Rampart 327 00:19:18,115 --> 00:19:20,950 other products that we might be able to get 328 00:19:20,951 --> 00:19:24,453 Thierry de la Villehuchet to market for us. 329 00:19:24,454 --> 00:19:28,124 Thierry was a French nobleman and a noble man. 330 00:19:28,125 --> 00:19:32,461 He formed a company called Access International Advisors. 331 00:19:32,462 --> 00:19:34,630 And the word "access" was the key. 332 00:19:34,631 --> 00:19:37,967 He was getting you access, if you were a foreign investor, 333 00:19:37,968 --> 00:19:39,635 to some of the best money managers 334 00:19:39,636 --> 00:19:41,804 in the United States. 335 00:19:41,805 --> 00:19:45,600 And I wanted access to his people at Access. 336 00:19:49,980 --> 00:19:52,231 Thierry showed me pieces of paper, 337 00:19:52,232 --> 00:19:55,401 and he said, "These are the trade confirmations 338 00:19:55,402 --> 00:19:57,236 I get from Bernie Madoff every day." 339 00:19:57,237 --> 00:20:00,907 And he was giving the papers to clerks. 340 00:20:00,908 --> 00:20:02,742 I said, "What are you doing this for?" 341 00:20:02,743 --> 00:20:05,244 And Thierry said, "Well, I'm trying to make sure 342 00:20:05,245 --> 00:20:09,582 "that these daily confirmations that I get actually match up 343 00:20:09,583 --> 00:20:13,002 with my monthly statements that Bernie mails me." 344 00:20:13,003 --> 00:20:14,170 All Bernie was doing 345 00:20:14,171 --> 00:20:17,423 was coming up with fake trade tickets 346 00:20:17,424 --> 00:20:19,759 that reportedly show that he was generating 347 00:20:19,760 --> 00:20:22,762 those types of returns that everyone wanted. 348 00:20:24,473 --> 00:20:26,557 I said, "He makes up these pieces of paper." 349 00:20:26,558 --> 00:20:28,351 And then that's when Thierry said, 350 00:20:28,352 --> 00:20:30,519 "Frank, you just don't understand. 351 00:20:30,520 --> 00:20:33,689 We have done everything to check this guy out." 352 00:20:33,690 --> 00:20:36,234 You could have shut Madoff down in one half hour 353 00:20:36,235 --> 00:20:38,736 by just following up on one of his allegations 354 00:20:38,737 --> 00:20:40,947 that they were not conducting trades. 355 00:20:40,948 --> 00:20:43,616 As to the specifics of the investigation, 356 00:20:43,617 --> 00:20:44,909 I can't answer. 357 00:20:44,910 --> 00:20:47,245 The most basic step that one takes 358 00:20:47,246 --> 00:20:49,580 in order to figure out whether somebody is trading is, 359 00:20:49,581 --> 00:20:51,916 you have these independent third parties. 360 00:20:51,917 --> 00:20:54,085 So when you conduct a trade, 361 00:20:54,086 --> 00:20:56,587 you have to clear it through some third party. 362 00:20:56,588 --> 00:20:59,590 So they asked Madoff whether he clears through DTC. 363 00:20:59,591 --> 00:21:01,092 He said, "Yes." 364 00:21:01,093 --> 00:21:03,261 So he though-he said to us that, you know, 365 00:21:03,262 --> 00:21:05,096 he remembers that night, 366 00:21:05,097 --> 00:21:08,099 that he knew, the next day, the whole thing would come out. 367 00:21:08,100 --> 00:21:10,268 But the SEC never called DTC. 368 00:21:10,269 --> 00:21:11,852 They never requested the information. 369 00:21:11,853 --> 00:21:15,022 People were seeing the SEC go in. 370 00:21:15,023 --> 00:21:16,440 Nothing was found, and they said, 371 00:21:16,441 --> 00:21:18,484 "Green light for investing with Bernie." 372 00:21:18,485 --> 00:21:19,527 And they did. 373 00:21:19,528 --> 00:21:20,945 They invested more money with him. 374 00:21:20,946 --> 00:21:24,448 The Security and Exchange Commission gave a green light. 375 00:21:24,449 --> 00:21:26,075 They said, you know, "It's safe. 376 00:21:26,076 --> 00:21:27,910 Put your money there." 377 00:21:27,911 --> 00:21:30,413 So we put our money there, trusting him 378 00:21:30,414 --> 00:21:32,540 and mostly trusting our government. 379 00:21:43,885 --> 00:21:46,721 If our bosses knew 380 00:21:46,722 --> 00:21:49,598 that we were pursuing a case against Madoff, 381 00:21:49,599 --> 00:21:51,767 they would have told us to shut down the investigation. 382 00:21:51,768 --> 00:21:53,352 So it would have been a career risk for us 383 00:21:53,353 --> 00:21:54,687 if we hadn't complied. 384 00:21:54,688 --> 00:21:57,106 And, of course, we had no intention of complying. 385 00:21:57,107 --> 00:21:58,441 You can always find another job, 386 00:21:58,442 --> 00:22:00,109 but you always have to live with yourself 387 00:22:00,110 --> 00:22:02,611 if you don't do the right thing. 388 00:22:04,114 --> 00:22:08,784 Been out of the army, at that point, five years. 389 00:22:08,785 --> 00:22:10,286 You know, but I took an oath. 390 00:22:10,287 --> 00:22:14,457 I took an oath to support and defend the Constitution 391 00:22:14,458 --> 00:22:15,958 and this nation against all enemies, 392 00:22:15,959 --> 00:22:17,460 foreign and domestic. 393 00:22:17,461 --> 00:22:20,463 So I looked at Madoff as a domestic enemy. 394 00:22:20,464 --> 00:22:22,298 And Frank Casey, he was in the army too 395 00:22:22,299 --> 00:22:23,966 as an officer just like I was. 396 00:22:23,967 --> 00:22:25,801 He took the same oath. 397 00:22:25,802 --> 00:22:30,139 We began building an intelligence network. 398 00:22:30,140 --> 00:22:33,809 We were trying to find people who were invested with Madoff 399 00:22:33,810 --> 00:22:37,813 since no one would declare that they were invested with Madoff. 400 00:22:37,814 --> 00:22:42,818 We knew pretty much every broker that traded options. 401 00:22:42,819 --> 00:22:46,030 We went out, and we spoke to all these brokers. 402 00:22:46,031 --> 00:22:47,740 They would try to give up information 403 00:22:47,741 --> 00:22:49,909 without disclosing too much about their clients. 404 00:22:49,910 --> 00:22:51,827 I would give up information without disclosing 405 00:22:51,828 --> 00:22:53,829 that I was actually hunting Madoff. 406 00:22:53,830 --> 00:22:55,664 And I would say simply to some analysts, 407 00:22:55,665 --> 00:22:58,000 "What do you know about Bernie?" 408 00:22:58,001 --> 00:23:00,669 You never even had to use the last name. 409 00:23:00,670 --> 00:23:02,171 And they would always come back with, 410 00:23:02,172 --> 00:23:03,839 "What do you know about Bernie?" 411 00:23:03,840 --> 00:23:05,674 And everyone we talked to said, 412 00:23:05,675 --> 00:23:07,676 "I don't do business with Madoff, 413 00:23:07,677 --> 00:23:10,805 "but I heard he's a huge player in the options market. 414 00:23:10,806 --> 00:23:12,473 Can you get me an introduction?" 415 00:23:18,897 --> 00:23:20,731 You didn't want a secret getting out like this 416 00:23:20,732 --> 00:23:23,234 because that could only result in harm. 417 00:23:31,034 --> 00:23:32,701 My wife knew. 418 00:23:35,330 --> 00:23:36,997 We didn't have children at that time, 419 00:23:36,998 --> 00:23:38,874 and so, you know, if the worst they're gonna do 420 00:23:38,875 --> 00:23:42,503 is shoot my wife or me, that's bad for us. 421 00:23:42,504 --> 00:23:43,838 But at least Neil and Frank 422 00:23:43,839 --> 00:23:45,673 can go forward to the authorities, 423 00:23:45,674 --> 00:23:47,842 and it makes the case pretty compelling. 424 00:23:47,843 --> 00:23:50,678 "Hey, Harry died of acute lead poisoning 425 00:23:50,679 --> 00:23:52,847 of the high-speed multiple-entry-wound variety." 426 00:24:04,943 --> 00:24:08,320 She's petite, well-spoken, well-mannered, 427 00:24:08,321 --> 00:24:12,158 well-educated, a good conversationalist. 428 00:24:12,159 --> 00:24:14,410 It was a very strange wedding. 429 00:24:14,411 --> 00:24:16,412 They had a band in this Chinese restaurant 430 00:24:16,413 --> 00:24:18,914 with a big dragon across the wall, 431 00:24:18,915 --> 00:24:20,583 but they had a Greek band. 432 00:24:21,751 --> 00:24:24,253 That's Harry for you. 433 00:24:24,254 --> 00:24:26,088 I was way too young when I got married. 434 00:24:26,089 --> 00:24:27,423 I was only 42. 435 00:24:27,424 --> 00:24:30,759 I really didn't know what I was doing. 436 00:24:30,760 --> 00:24:32,761 And I started the Madoff case 437 00:24:32,762 --> 00:24:35,681 probably six to seven months later. 438 00:24:36,975 --> 00:24:38,893 We figured that since we hadn't heard anything 439 00:24:38,894 --> 00:24:41,729 from the SEC submission in May of 2000, 440 00:24:41,730 --> 00:24:44,231 we would try to blow the cover off of this deal 441 00:24:44,232 --> 00:24:46,484 and push the SEC into action 442 00:24:46,485 --> 00:24:49,153 by making it public. 443 00:24:49,154 --> 00:24:51,405 You know, I was trying to get the media to pay attention. 444 00:24:51,406 --> 00:24:53,949 And the world doesn't know this, but I went to Forbes. 445 00:24:53,950 --> 00:24:57,119 I sent them 12 pages. 446 00:24:57,120 --> 00:25:00,623 And we have a conversation, and for some reason, 447 00:25:00,624 --> 00:25:02,791 their publisher killed the story, 448 00:25:02,792 --> 00:25:03,792 didn't want to do it. 449 00:25:20,477 --> 00:25:21,644 I have a fear. 450 00:25:21,645 --> 00:25:23,812 I have a fear of being mundane. 451 00:25:23,813 --> 00:25:25,689 I enjoy the challenge. 452 00:25:25,690 --> 00:25:29,193 And consequently, when I came across Madoff, 453 00:25:29,194 --> 00:25:30,986 it wasn't a big reach for us. 454 00:25:30,987 --> 00:25:33,322 It was to level the playing field. 455 00:25:33,323 --> 00:25:35,074 It was the right thing to do. 456 00:25:35,075 --> 00:25:36,408 Maybe you don't get to become 457 00:25:36,409 --> 00:25:38,410 the richest person on Wall Street, 458 00:25:38,411 --> 00:25:40,246 but you can surely sleep at night. 459 00:25:44,834 --> 00:25:47,002 It hurts to think that I worked my whole life 460 00:25:47,003 --> 00:25:50,339 to retire and do things that I want to do, 461 00:25:50,340 --> 00:25:53,842 and these are the things that were taken away from us, 462 00:25:53,843 --> 00:25:56,345 just culled out, just taken away from us. 463 00:25:58,014 --> 00:26:00,015 As a young adult, I always thought that, 464 00:26:00,016 --> 00:26:02,518 you know, going out and working and doing the right thing 465 00:26:02,519 --> 00:26:03,852 and saving my money 466 00:26:03,853 --> 00:26:08,023 and sharing my life with the woman that I love 467 00:26:08,024 --> 00:26:10,693 was the American thing to do. 468 00:26:10,694 --> 00:26:14,196 And when... 469 00:26:15,699 --> 00:26:21,370 When Madoff happened, it just took it away, 470 00:26:21,371 --> 00:26:25,207 stripped everything. 471 00:26:29,045 --> 00:26:31,380 Think on reflecting what the American public feels. 472 00:26:31,381 --> 00:26:33,090 How are they supposed to have confidence 473 00:26:33,091 --> 00:26:35,092 that if somebody goes to you with a complaint, 474 00:26:35,093 --> 00:26:37,261 gives it to you on a silver platter 475 00:26:37,262 --> 00:26:39,430 with all of the investigation, with all of the numbers, 476 00:26:39,431 --> 00:26:41,515 with all of the data, telling you exactly what he did, 477 00:26:41,516 --> 00:26:44,226 how he did it, and why he did it and how he knows that, 478 00:26:44,227 --> 00:26:46,729 you don't know anything. 479 00:26:46,730 --> 00:26:50,149 You're supposed to find it out before it happens. 480 00:26:58,950 --> 00:27:02,119 I was overseeing a conference in Barcelona, 481 00:27:02,120 --> 00:27:07,166 which we had started as we saw the European market expanding. 482 00:27:07,167 --> 00:27:11,170 And Frank was attending that conference. 483 00:27:11,171 --> 00:27:14,882 So we took a taxi together to the hotel. 484 00:27:24,309 --> 00:27:25,809 Mike starts the conversation 485 00:27:25,810 --> 00:27:28,771 riding from the airport to Barcelona with, 486 00:27:28,772 --> 00:27:31,607 "I'm an investigative reporter, 487 00:27:31,608 --> 00:27:33,609 "and I know most everyone on Wall Street 488 00:27:33,610 --> 00:27:34,777 "that's to be known- 489 00:27:34,778 --> 00:27:35,944 "surely every hedge fund guy 490 00:27:35,945 --> 00:27:38,197 because I write stories on them." 491 00:27:38,198 --> 00:27:40,491 He said to me, "And I'll bet you a steak dinner in Barcelona 492 00:27:40,492 --> 00:27:42,076 "that you don't know every hedge fund. 493 00:27:42,077 --> 00:27:43,118 In fact, I bet you..." 494 00:27:43,119 --> 00:27:44,536 "That I can give you a name 495 00:27:44,537 --> 00:27:46,872 that's running $3 billion or more." 496 00:27:46,873 --> 00:27:48,540 Sure, I'll take that bet. 497 00:27:48,541 --> 00:27:50,042 And I said, "It's Bernie Madoff." 498 00:27:50,043 --> 00:27:51,710 Well, his head whipped around so hard, 499 00:27:51,711 --> 00:27:53,045 I thought it was gonna come off. 500 00:27:53,046 --> 00:27:55,881 If that was true, it was a story in and of itself. 501 00:27:55,882 --> 00:27:58,050 Nobody had ever heard the name Madoff 502 00:27:58,051 --> 00:28:02,054 mentioned in the same breath as a money manager. 503 00:28:12,524 --> 00:28:15,526 So he bought me dinner in Barcelona. 504 00:28:15,527 --> 00:28:16,694 Frank began to tell me 505 00:28:16,695 --> 00:28:19,029 not only is Madoff managing a lot of money, 506 00:28:19,030 --> 00:28:23,033 but he was adamant that it has to be a fraud. 507 00:28:23,034 --> 00:28:25,536 Then he says, "Frank, I'm going to write 508 00:28:25,537 --> 00:28:26,995 "an investigative article on it. 509 00:28:26,996 --> 00:28:28,997 I'm going to uncover this guy." 510 00:28:28,998 --> 00:28:32,668 And then Mike became, at that point in that cab ride, 511 00:28:32,669 --> 00:28:38,340 the fourth group member to try to hunt Madoff. 512 00:29:03,324 --> 00:29:07,161 Here we had a respected senior investigative reporter 513 00:29:07,162 --> 00:29:08,829 from a major hedge fund publication. 514 00:29:08,830 --> 00:29:10,330 In fact, it was the number one 515 00:29:10,331 --> 00:29:12,166 hedge fund publication out there. 516 00:29:12,167 --> 00:29:14,001 Managed Account Reports, that was it. 517 00:29:14,002 --> 00:29:16,336 Yeah, hi. This is Mike Ocrant. 518 00:29:16,337 --> 00:29:18,297 He's on this case, and he's on our team. 519 00:29:18,298 --> 00:29:20,132 And he writes an article 520 00:29:20,133 --> 00:29:22,259 that exposes this fraud for what it is. 521 00:29:22,260 --> 00:29:25,095 That should bring the whole thing toppling down. 522 00:29:27,849 --> 00:29:29,516 Right. Oh, okay. 523 00:29:29,517 --> 00:29:32,603 Mm-hmm. Mm-hmm. Mm-hmm. 524 00:29:32,604 --> 00:29:35,272 Well, we're gonna figure that out. 525 00:29:35,273 --> 00:29:37,441 He's talking to the derivatives professionals 526 00:29:37,442 --> 00:29:40,486 on Wall Street, and they all said the same thing, 527 00:29:40,487 --> 00:29:41,945 "Madoff's not for real." 528 00:29:41,946 --> 00:29:43,447 Mmhmm. Mm-hmm. 529 00:29:43,448 --> 00:29:45,282 And so he's ready to go to print, 530 00:29:45,283 --> 00:29:49,286 and then in April, he gets that phone call 531 00:29:49,287 --> 00:29:51,455 from Madoff himself. 532 00:29:54,751 --> 00:29:58,587 We really don't know who Bernard Madoff is. 533 00:29:58,588 --> 00:30:00,088 I think he was so powerful, 534 00:30:00,089 --> 00:30:01,423 became so powerful, 535 00:30:01,424 --> 00:30:04,092 people were afraid to challenge him. 536 00:30:06,221 --> 00:30:10,390 White-collar fraudsters always seduce you. 537 00:30:10,391 --> 00:30:13,393 They have the best resumes, went to the best schools, 538 00:30:13,394 --> 00:30:15,354 sit on all the right boards, 539 00:30:15,355 --> 00:30:17,022 have all the right country club ties. 540 00:30:17,023 --> 00:30:19,191 They're political donors, philanthropists. 541 00:30:19,192 --> 00:30:20,859 They live in the best neighborhoods 542 00:30:20,860 --> 00:30:22,528 in the nicest homes. 543 00:30:22,529 --> 00:30:23,862 You never suspect them. 544 00:30:23,863 --> 00:30:25,531 It's only afterwards, in retrospect, 545 00:30:25,532 --> 00:30:27,199 that you see the evil that they are 546 00:30:27,200 --> 00:30:28,867 and the damage that they cause. 547 00:30:28,868 --> 00:30:30,077 It's not the little guys. 548 00:30:30,078 --> 00:30:31,745 It's not the small firms on Wall Street 549 00:30:31,746 --> 00:30:33,080 that cause the big problems. 550 00:30:33,081 --> 00:30:34,581 It's the big firms. 551 00:30:34,582 --> 00:30:35,874 It's the big predators 552 00:30:35,875 --> 00:30:38,210 and big predators like Madoff. 553 00:30:39,379 --> 00:30:40,546 I wasn't surprised 554 00:30:40,547 --> 00:30:42,256 that he necessarily agreed to an interview 555 00:30:42,257 --> 00:30:45,300 because I had known Madoff on and off throughout the years. 556 00:30:45,301 --> 00:30:47,970 This has nothing to do with the institution, I believe. 557 00:30:47,971 --> 00:30:50,639 They spend too much time thinking. 558 00:30:53,810 --> 00:30:56,311 He was always known as one of these rare people 559 00:30:56,312 --> 00:30:57,813 at that level on Wall Street 560 00:30:57,814 --> 00:30:59,815 who would take calls from journalists. 561 00:30:59,816 --> 00:31:01,316 They would deliver an order. 562 00:31:01,317 --> 00:31:03,318 They now will own 1,100 shares of IBM, 563 00:31:03,319 --> 00:31:04,653 and you would see them... 564 00:31:09,409 --> 00:31:11,577 I didn't go in, necessarily, with suspicions. 565 00:31:11,578 --> 00:31:13,579 I went in really with, you know, 566 00:31:13,580 --> 00:31:18,083 here is a number of very serious questions 567 00:31:18,084 --> 00:31:20,586 people who are very knowledgeable in the industry 568 00:31:20,587 --> 00:31:22,754 have about what you're doing 569 00:31:22,755 --> 00:31:26,592 and seeking a response to those. 570 00:31:31,848 --> 00:31:36,059 Well, in layman's terms, he was essentially buying stock, 571 00:31:36,060 --> 00:31:37,561 buying options, 572 00:31:37,562 --> 00:31:40,731 betting that they would go up on certain stocks, 573 00:31:40,732 --> 00:31:43,233 and buying options on certain stocks 574 00:31:43,234 --> 00:31:45,235 betting that they would go down. 575 00:31:45,236 --> 00:31:48,572 The basic concept of Wall Street is, 576 00:31:48,573 --> 00:31:51,241 a person that is buying a share of stock 577 00:31:51,242 --> 00:31:52,659 is convinced he knows something 578 00:31:52,660 --> 00:31:54,494 that the other person who's selling it to him 579 00:31:54,495 --> 00:31:55,579 does not know. 580 00:31:55,580 --> 00:31:56,914 The problem with it, 581 00:31:56,915 --> 00:31:59,750 you'd have to be very, very, very accurate 582 00:31:59,751 --> 00:32:01,418 in picking the winners. 583 00:32:01,419 --> 00:32:04,546 It's jus- it's humanly impossible, really. 584 00:32:08,760 --> 00:32:12,262 Essentially he was saying, "We've watched and helped, 585 00:32:12,263 --> 00:32:14,973 literally, develop the markets in NASDAQ." 586 00:32:14,974 --> 00:32:16,475 Our firm, for example, alone, 587 00:32:16,476 --> 00:32:19,186 we trade in excess of $1 trillion a year. 588 00:32:19,187 --> 00:32:21,688 "We've got this incredible reputation 589 00:32:21,689 --> 00:32:24,733 and knowledge for using technology." 590 00:32:24,734 --> 00:32:27,819 What we did was totally automate the process. 591 00:32:27,820 --> 00:32:30,489 I think at one point, he said, you know, "Give us some credit. 592 00:32:30,490 --> 00:32:32,199 We've been in business for 40 years." 593 00:32:32,200 --> 00:32:34,034 Today's regulatory environment, 594 00:32:34,035 --> 00:32:38,705 it's virtually impossible to violate rules. 595 00:32:38,706 --> 00:32:40,874 My immediate impression was just, 596 00:32:40,875 --> 00:32:44,503 you know, "Here's a genuinely nice man." 597 00:32:44,504 --> 00:32:46,797 It's, "According to Madoff, according to Madoff, 598 00:32:46,798 --> 00:32:47,965 according to Madoff." 599 00:32:47,966 --> 00:32:51,385 He's had perfect market timing. 600 00:32:51,386 --> 00:32:52,552 Bullshit. 601 00:33:02,313 --> 00:33:03,397 Hello. 602 00:33:03,398 --> 00:33:05,399 How are you? 603 00:33:07,485 --> 00:33:10,320 [man speaking indistinctly over telephone] 604 00:33:10,321 --> 00:33:12,990 He sounded like a whipped puppy dog. 605 00:33:15,118 --> 00:33:16,451 Yeah. 606 00:33:16,452 --> 00:33:18,286 He called me up, and he said, "Frank..." 607 00:33:18,287 --> 00:33:19,496 So I got to tell you, 608 00:33:19,497 --> 00:33:22,666 this guy was just so comfortable in his skin 609 00:33:22,667 --> 00:33:27,462 and so unconcerned and so responsive. 610 00:33:27,463 --> 00:33:29,297 Clearly, if you're examining somebody 611 00:33:29,298 --> 00:33:30,924 where there is the possibility of fraud, 612 00:33:30,925 --> 00:33:32,551 you can't take that person's word for it. 613 00:33:32,552 --> 00:33:36,555 I said, "Mike, go back to square one." 614 00:33:41,894 --> 00:33:43,729 And Mike says, "You're absolutely right. 615 00:33:43,730 --> 00:33:45,564 I'm gonna write the piece." 616 00:33:49,610 --> 00:33:51,570 He came out with his investigative piece, 617 00:33:51,571 --> 00:33:53,405 Madoff Tops Charts. 618 00:33:53,406 --> 00:33:56,742 And it came out on May 1st of 2001. 619 00:33:56,743 --> 00:33:58,243 Mike wrote a great article. 620 00:33:58,244 --> 00:34:00,746 It was scathing, scathing. 621 00:34:00,747 --> 00:34:04,082 When we saw it published, we gave each other high fives. 622 00:34:04,083 --> 00:34:06,918 It was like, "Hey, Frank, hey, Neil, it's over. 623 00:34:06,919 --> 00:34:08,086 It's over." 624 00:34:08,087 --> 00:34:09,921 You know, "This thing is going down. 625 00:34:09,922 --> 00:34:11,465 Markets are going to sell off." 626 00:34:11,466 --> 00:34:12,799 We said, "We got him. 627 00:34:12,800 --> 00:34:15,093 This guy's going down." 628 00:34:15,094 --> 00:34:17,095 Six days later, Barron's goes to print 629 00:34:17,096 --> 00:34:19,056 with Erin Arvedlund's expose. 630 00:34:19,057 --> 00:34:21,349 This could finally be it, you know: 631 00:34:21,350 --> 00:34:25,520 Madoff exposed in a Main Street publication. 632 00:34:25,521 --> 00:34:27,189 The SEC's gonna come riding in. 633 00:34:27,190 --> 00:34:28,565 The posse's in town. 634 00:34:28,566 --> 00:34:31,485 You'd think that the fund of funds reading this 635 00:34:31,486 --> 00:34:32,778 would have pulled out, 636 00:34:32,779 --> 00:34:34,905 that they would ask some serious questions of Madoff. 637 00:34:34,906 --> 00:34:36,907 You know, you'd think they'd have teams in there 638 00:34:36,908 --> 00:34:39,076 the very next day after these articles appear, 639 00:34:39,077 --> 00:34:40,744 and they don't do anything. 640 00:34:40,745 --> 00:34:42,579 They just don't care. 641 00:34:42,580 --> 00:34:46,083 We waited a week, two weeks, three weeks, four weeks, 642 00:34:46,084 --> 00:34:47,793 and we started getting nervous. 643 00:34:53,633 --> 00:34:54,800 You go to the movies. 644 00:34:54,801 --> 00:34:57,469 You see the suspense- drama thriller, 645 00:34:57,470 --> 00:34:59,179 and you say, "Why don't they go to the press? 646 00:34:59,180 --> 00:35:00,388 "Why don't they go to the press? 647 00:35:00,389 --> 00:35:01,890 "Why don't they get it on a newspaper? 648 00:35:01,891 --> 00:35:03,225 That will end this nightmare." 649 00:35:03,226 --> 00:35:04,559 Well, that's what we did. 650 00:35:04,560 --> 00:35:06,394 And then you're saying, "How powerful is he 651 00:35:06,395 --> 00:35:08,396 that the press can't bring him down?" 652 00:35:08,397 --> 00:35:10,232 And so it was back to the drawing board. 653 00:35:10,233 --> 00:35:12,400 So we, basically, were going out 654 00:35:12,401 --> 00:35:14,402 and finding other investors, 655 00:35:14,403 --> 00:35:16,738 trying to figure out where the money was coming from. 656 00:35:16,739 --> 00:35:18,740 It was the only safe way for us to proceed. 657 00:35:20,409 --> 00:35:22,911 It was clear that the scheme was getting much, much larger, 658 00:35:22,912 --> 00:35:24,579 and instead of $3 billion to $7 billion 659 00:35:24,580 --> 00:35:26,081 like we figured it was the prior year, 660 00:35:26,082 --> 00:35:29,417 now it's $12 billion to $20 billion. 661 00:35:29,418 --> 00:35:33,088 We, in our view, had almost, like, a handbook 662 00:35:33,089 --> 00:35:34,422 that we had written 663 00:35:34,423 --> 00:35:39,094 on how the SEC should have looked at the situation. 664 00:35:41,389 --> 00:35:44,724 I find it hard to believe 665 00:35:44,725 --> 00:35:49,104 that if anyone at the SEC looked at the evidence, 666 00:35:49,105 --> 00:35:51,439 how they could have just dismissed it. 667 00:35:51,440 --> 00:35:56,111 Maybe someone at the SEC was paid to look the other way. 668 00:35:56,112 --> 00:35:58,780 I'm not participating in the current examinations 669 00:35:58,781 --> 00:36:01,449 or investigations due to the fact 670 00:36:01,450 --> 00:36:03,618 that a former employee 671 00:36:03,619 --> 00:36:05,287 who was under my chain of command 672 00:36:05,288 --> 00:36:08,123 married a member of the Madoff family, 673 00:36:08,124 --> 00:36:09,833 and I attended the wedding. 674 00:36:09,834 --> 00:36:11,960 When you first go into the investigation, you think, 675 00:36:11,961 --> 00:36:13,837 "Wow, they missed all these red flags that were obvious. 676 00:36:13,838 --> 00:36:16,339 Somebody may have been paid off," you know, 677 00:36:16,340 --> 00:36:20,093 or, "Somebody was offered a job and kept quiet." 678 00:36:20,094 --> 00:36:21,761 What percentage of your employees 679 00:36:21,762 --> 00:36:24,097 in those two branches- Enforcement and Compliance- 680 00:36:24,098 --> 00:36:30,770 leave the SEC and go to work for a SEC-regulated entity? 681 00:36:30,771 --> 00:36:34,107 I think fewer people leave the SEC than they used to, 682 00:36:34,108 --> 00:36:35,609 but when they do go, 683 00:36:35,610 --> 00:36:37,944 they often go to a regulated entity in the Compliance area. 684 00:36:37,945 --> 00:36:41,948 Mr. Swanson was the lead attorney on this case. 685 00:36:41,949 --> 00:36:46,453 He leaves the SEC, marries Mr. Madoff's niece. 686 00:36:46,454 --> 00:36:47,787 Did you, for one minute, 687 00:36:47,788 --> 00:36:49,289 think that maybe you should go back 688 00:36:49,290 --> 00:36:52,292 and look at how he handled that case? 689 00:36:54,253 --> 00:36:55,754 I probably would have dropped it. 690 00:36:55,755 --> 00:36:59,424 You know, I did my duty as a good citizen once, 691 00:36:59,425 --> 00:37:01,092 but Ed Manion said, 692 00:37:01,093 --> 00:37:04,095 "Harry, my agency is thicker than a brick. 693 00:37:04,096 --> 00:37:06,097 You just need to keep trying." 694 00:37:06,098 --> 00:37:10,560 And so I resubmitted in March 1, 2001. 695 00:37:10,561 --> 00:37:14,397 So we're talking what, ten months later? 696 00:37:14,398 --> 00:37:16,233 And the returns were not outsized. 697 00:37:16,234 --> 00:37:18,568 I mean, there was no flag there. 698 00:37:18,569 --> 00:37:22,072 Anywhere between, like, 6% and 10% in a good year. 699 00:37:22,073 --> 00:37:23,907 But I just thought, "Well, that's, you know, 700 00:37:23,908 --> 00:37:25,075 "not gonna make me rich, 701 00:37:25,076 --> 00:37:26,743 but it's gonna keep my money safe." 702 00:37:26,744 --> 00:37:28,411 And that's kind of how he always said: 703 00:37:28,412 --> 00:37:30,080 "You know, we're not gonna make you rich, 704 00:37:30,081 --> 00:37:32,415 but your money will be safe here." 705 00:37:32,416 --> 00:37:35,752 I left Rampart in the end of '01. 706 00:37:35,753 --> 00:37:37,754 Harry was still struggling 707 00:37:37,755 --> 00:37:40,590 to meet the desires of the owners of Rampart 708 00:37:40,591 --> 00:37:41,758 and develop a product 709 00:37:41,759 --> 00:37:43,593 that Thierry would actually invest in. 710 00:37:43,594 --> 00:37:45,595 Well, my firm had requested 711 00:37:45,596 --> 00:37:48,515 that I come out with a strategy that could compete with Madoff. 712 00:37:48,516 --> 00:37:49,933 So I did. I developed one. 713 00:37:49,934 --> 00:37:53,436 And it was a product that had better returns than Madoff, 714 00:37:53,437 --> 00:37:54,771 but it was real. 715 00:37:54,772 --> 00:37:56,606 That was the big difference. 716 00:37:56,607 --> 00:37:59,776 But it was highly risky. 717 00:37:59,777 --> 00:38:02,612 Well, sure enough, he got Thierry de la Villehuchet 718 00:38:02,613 --> 00:38:03,780 to look at it, and he said, 719 00:38:03,781 --> 00:38:05,949 "Oh, I think the clients might like that." 720 00:38:05,950 --> 00:38:09,119 And then he took Harry in 2002 721 00:38:09,120 --> 00:38:11,621 to meet with probably 20 different firms. 722 00:38:31,434 --> 00:38:33,935 Each conversation would start with Thierry de la Villehuchet 723 00:38:33,936 --> 00:38:37,272 saying, "Harry is just like Madoff, 724 00:38:37,273 --> 00:38:41,276 only higher risk, higher return." 725 00:38:43,988 --> 00:38:46,990 The first bank said, "Well, Harry, 726 00:38:46,991 --> 00:38:48,825 "you know we have money with Madoff, 727 00:38:48,826 --> 00:38:50,493 "and he never loses us money. 728 00:38:50,494 --> 00:38:51,828 You could lose money." 729 00:38:51,829 --> 00:38:53,663 And every time they said that, I was pissed. 730 00:38:53,664 --> 00:38:56,166 I was pissed off that they would tell people that. 731 00:38:56,167 --> 00:38:58,168 "I'm nothing at all like Madoff," I wanted to say, 732 00:38:58,169 --> 00:38:59,669 "You fools. Madoff's a crook. 733 00:38:59,670 --> 00:39:01,671 I'm legit. I'm real." 734 00:39:01,672 --> 00:39:03,131 And they'd all tell me the same story. 735 00:39:03,132 --> 00:39:04,215 They'd say... 736 00:39:04,216 --> 00:39:05,425 "Madoff's closed, you know? 737 00:39:05,426 --> 00:39:07,093 "He's not accepting any more money. 738 00:39:07,094 --> 00:39:08,595 "But we have a special deal with him, 739 00:39:08,596 --> 00:39:11,598 and he accepts our money and only our money." 740 00:39:11,599 --> 00:39:12,932 When you hear it the first time, 741 00:39:12,933 --> 00:39:14,267 you sort of believe it. 742 00:39:14,268 --> 00:39:16,936 But when you hear it time and time again, 743 00:39:16,937 --> 00:39:18,772 you know it's a Ponzi scheme, 744 00:39:18,773 --> 00:39:20,774 because what do we know about Ponzi schemes? 745 00:39:20,775 --> 00:39:24,069 You need new money coming in to replace the money going out. 746 00:39:26,572 --> 00:39:29,240 They were just basically tentacles of an octopus. 747 00:39:29,241 --> 00:39:32,077 Their job was to raise money for Bernie Madoff 748 00:39:32,078 --> 00:39:36,581 and yet keep the body of the octopus hidden. 749 00:39:36,582 --> 00:39:38,249 He turns away customers. 750 00:39:38,250 --> 00:39:40,085 He doesn't take all comers. 751 00:39:40,086 --> 00:39:43,088 You have to be graced by God and graced by Bernie 752 00:39:43,089 --> 00:39:45,590 before he'll take you into his scheme. 753 00:39:45,591 --> 00:39:48,093 And little did I know, till the next day 754 00:39:48,094 --> 00:39:50,095 when Thierry de la Villehuchet told me, 755 00:39:50,096 --> 00:39:51,846 that they had gone to the polo fields, 756 00:39:51,847 --> 00:39:53,348 and I'm sure that they were there 757 00:39:53,349 --> 00:39:56,184 to make a marketing pitch to Prince Charles 758 00:39:56,185 --> 00:39:58,186 to get assets for Bernie. 759 00:39:58,187 --> 00:40:01,022 And Thierry de la Villehuchet made a pointed comment. 760 00:40:01,023 --> 00:40:03,858 He said, "Harry, we would have invited you, 761 00:40:03,859 --> 00:40:05,693 but we didn't think you knew how to curtsy." 762 00:40:05,694 --> 00:40:07,695 And I said, "Thierry, I can do that. 763 00:40:07,696 --> 00:40:10,198 "It's pretty easy. It looks pretty lame. 764 00:40:10,199 --> 00:40:11,533 "But I'm not gonna do that. 765 00:40:11,534 --> 00:40:12,617 "I'm an American. 766 00:40:12,618 --> 00:40:15,453 We don't bow to royalty." 767 00:40:15,454 --> 00:40:19,124 And it's pretty clear to me that Madoff is bigger in Europe 768 00:40:19,125 --> 00:40:21,126 than he is in North America. 769 00:40:32,096 --> 00:40:34,097 As we moved to Paris 770 00:40:34,098 --> 00:40:36,766 and were going through the Arc de Triomphe, 771 00:40:36,767 --> 00:40:38,560 and Thierry says, "Look up there. 772 00:40:38,561 --> 00:40:42,230 See underneath Napoleon's name?" 773 00:40:42,231 --> 00:40:45,567 I'm looking at the names, and I realize, 774 00:40:45,568 --> 00:40:49,904 "Hey, that's who I'm meeting with in Europe." 775 00:40:49,905 --> 00:40:51,739 And I realized then, 776 00:40:51,740 --> 00:40:53,116 it was royals marketing to royals. 777 00:40:53,117 --> 00:40:54,742 And I thought that was pretty astounding 778 00:40:54,743 --> 00:40:57,245 that these people were gonna be drawn into the Madoff scheme. 779 00:41:01,125 --> 00:41:03,960 We realized that this is global in scope. 780 00:41:06,005 --> 00:41:08,840 It's massive. 781 00:41:08,841 --> 00:41:10,675 And somehow when you count dollars- 782 00:41:10,676 --> 00:41:12,177 and we were counting the dollars- 783 00:41:12,178 --> 00:41:14,512 but when you see all the people behind the curtain, 784 00:41:14,513 --> 00:41:16,514 that's when you get fearful. 785 00:41:16,515 --> 00:41:19,350 He had a lot of powerful people helping him, behind him, 786 00:41:19,351 --> 00:41:21,352 that were standing to gain a lot of money 787 00:41:21,353 --> 00:41:23,354 by keeping the Madoff scheme going. 788 00:41:23,355 --> 00:41:24,856 And then you realize 789 00:41:24,857 --> 00:41:27,108 the truly epic proportions of the scheme. 790 00:41:28,569 --> 00:41:31,237 When you look at who Madoff was running money for, 791 00:41:31,238 --> 00:41:33,406 it was all offshore banks. 792 00:41:33,407 --> 00:41:36,409 And we know that those monies are- 793 00:41:36,410 --> 00:41:38,745 there's a percentage of I- who knows how much- 794 00:41:38,746 --> 00:41:42,957 3%, 5% of the money may be criminal money. 795 00:41:42,958 --> 00:41:44,626 That was dark money. 796 00:41:44,627 --> 00:41:48,129 That was offshore, untaxed, dirty money. 797 00:41:48,130 --> 00:41:51,132 The other people that love to use offshore accounts 798 00:41:51,133 --> 00:41:54,969 are drug cartels, terrorists. 799 00:41:54,970 --> 00:41:57,972 So if Madoff is taking money from organized crime, 800 00:41:57,973 --> 00:41:59,682 and he gets caught, he's gonna be killed. 801 00:42:01,852 --> 00:42:03,186 So if he thinks I'm gonna catch him 802 00:42:03,187 --> 00:42:04,604 and turn him in to the authorities, 803 00:42:04,605 --> 00:42:06,147 he has a lot of fear. 804 00:42:06,148 --> 00:42:07,398 Obviously, first of all, 805 00:42:07,399 --> 00:42:10,068 this conversation never took place, okay? 806 00:42:10,069 --> 00:42:12,737 When they did an examination for us, 807 00:42:12,738 --> 00:42:14,239 they asked all those questions, 808 00:42:14,240 --> 00:42:16,074 which are standard questions. 809 00:42:16,075 --> 00:42:18,076 And the answers that I gave them, 810 00:42:18,077 --> 00:42:20,912 which are the case, are exactly what I'm giving you 811 00:42:20,913 --> 00:42:23,081 and basically what you should respond to them. 812 00:42:23,082 --> 00:42:25,917 Obviously, not that- we didn't have a conversation 813 00:42:25,918 --> 00:42:27,919 and all of this stuff, 814 00:42:27,920 --> 00:42:29,712 The best thing to do is not get involved with- 815 00:42:29,713 --> 00:42:31,756 that you send written instructions, if possible, 816 00:42:31,757 --> 00:42:33,925 'cause any time you say you have something in writing, 817 00:42:33,926 --> 00:42:35,093 they ask for it. 818 00:42:35,094 --> 00:42:37,095 So the best thing to do is to say 819 00:42:37,096 --> 00:42:39,013 that it's a phone call. 820 00:42:39,014 --> 00:42:41,849 At this point, Harry got nervous, 821 00:42:41,850 --> 00:42:44,018 because Harry was the guy out front with the SEC. 822 00:42:44,019 --> 00:42:45,687 So they knew his identity. 823 00:42:48,691 --> 00:42:51,693 [indistinct police radio transmission] 824 00:43:02,705 --> 00:43:04,038 We were on our own. 825 00:43:04,039 --> 00:43:06,207 We had no idea we were on our own. 826 00:43:06,208 --> 00:43:08,376 We had no idea that the four of us 827 00:43:08,377 --> 00:43:10,878 were the last line of defense between Madoff and his victims. 828 00:43:10,879 --> 00:43:12,880 Hell, we weren't even the last line of defense. 829 00:43:12,881 --> 00:43:14,882 We were the only line. 830 00:43:17,553 --> 00:43:20,555 During the time that we were developing strategies, 831 00:43:20,556 --> 00:43:22,724 one of the meetings, I was down in Thierry's office, 832 00:43:22,725 --> 00:43:24,642 and I said, "Thierry, 833 00:43:24,643 --> 00:43:30,315 what happens if we're right and you're wrong?" 834 00:43:30,316 --> 00:43:31,983 And he looked right at me, and he said, 835 00:43:31,984 --> 00:43:35,653 "Frank, I have all of my money in this manager." 836 00:43:39,575 --> 00:43:42,702 "I have most of my family money in this manager. 837 00:43:42,703 --> 00:43:47,040 "I have half the royalty of Europe in this manager. 838 00:43:47,041 --> 00:43:50,543 "I have every private banker in Switzerland and France 839 00:43:50,544 --> 00:43:53,296 "that I have cultivated over my complete career 840 00:43:53,297 --> 00:43:54,297 "in this manager. 841 00:43:54,298 --> 00:43:56,466 "I cannot be wrong. 842 00:43:56,467 --> 00:43:59,218 If I am wrong, I am a dead man." 843 00:44:03,140 --> 00:44:06,643 What's happening here is a travesty 844 00:44:06,644 --> 00:44:10,647 that I don't think anybody can explain to somebody 845 00:44:10,648 --> 00:44:12,148 who hasn't lived through it. 846 00:44:12,149 --> 00:44:14,317 We lost our life savings. 847 00:44:14,318 --> 00:44:17,153 I worked. I kept a beautiful home. 848 00:44:17,154 --> 00:44:18,821 I sold it. I made a nice profit. 849 00:44:18,822 --> 00:44:20,657 I put it into Madoff. It's gone. 850 00:44:20,658 --> 00:44:21,991 I could have just given 851 00:44:21,992 --> 00:44:25,328 the woman that bought my house the key and said, 852 00:44:25,329 --> 00:44:26,996 "Here's a gift for you." 853 00:44:26,997 --> 00:44:30,124 And that's basically, in effect, what happened to me. 854 00:44:33,962 --> 00:44:37,298 On December 17, 2002, 855 00:44:37,299 --> 00:44:41,469 Eliot Spitzer was appearing at the JFK Library. 856 00:44:41,470 --> 00:44:44,889 Now New York State Attorney General Eliot Spitzer. 857 00:44:46,225 --> 00:44:48,726 He was pretty much a big-time fraud fighter. 858 00:44:48,727 --> 00:44:50,561 He was doing cases against Wall Street 859 00:44:50,562 --> 00:44:52,563 that the SEC was too afraid to do. 860 00:44:52,564 --> 00:44:54,565 Really, this is a debate about the role 861 00:44:54,566 --> 00:44:57,235 government should play in defining the boundaries 862 00:44:57,236 --> 00:44:58,986 of appropriate business ethics. 863 00:44:58,987 --> 00:45:00,321 Defining what it means... 864 00:45:00,322 --> 00:45:02,990 I wanted to meet him and pass off my documents. 865 00:45:11,333 --> 00:45:12,834 I didn't want anything to prevent me 866 00:45:12,835 --> 00:45:15,169 from getting into that library and seeing him. 867 00:45:20,426 --> 00:45:23,761 My wife was gonna deliver twin- twin boys in about three months, 868 00:45:23,762 --> 00:45:25,096 a little over three months, 869 00:45:25,097 --> 00:45:26,764 and I had enough risk on the table already 870 00:45:26,765 --> 00:45:28,099 with the SEC, 871 00:45:28,100 --> 00:45:29,767 and so I didn't approach him openly. 872 00:45:32,271 --> 00:45:35,523 As the event's ending, 873 00:45:35,524 --> 00:45:38,359 I put my gloves on, and I pulled out the 9x12, 874 00:45:38,360 --> 00:45:41,028 and I went over to the woman, the JFK Library staffer. 875 00:45:41,029 --> 00:45:43,030 I said, "Eliot Spitzer, 876 00:45:43,031 --> 00:45:44,866 "the New York attorney general, just spoke. 877 00:45:44,867 --> 00:45:48,202 Could you hand this envelope to him?" 878 00:45:48,203 --> 00:45:50,705 And she made her way over to him, 879 00:45:50,706 --> 00:45:52,915 and I made a beeline for the door. 880 00:45:52,916 --> 00:45:55,251 I hotfooted it out of there in the dead of night. 881 00:45:57,254 --> 00:45:58,921 And I always pack light or heavy, 882 00:45:58,922 --> 00:46:00,423 depending on the situation, 883 00:46:00,424 --> 00:46:02,091 and that night was a heavy night. 884 00:46:19,401 --> 00:46:22,236 When the twins were born in 2003... 885 00:46:30,287 --> 00:46:31,621 I became more concerned 886 00:46:31,622 --> 00:46:32,997 because the case was dragging on, 887 00:46:32,998 --> 00:46:36,501 and the government wasn't taking action. 888 00:46:36,502 --> 00:46:40,087 Seems there's no way for me to stop Madoff with my team. 889 00:46:44,510 --> 00:46:46,344 And so I'm very, very worried, 890 00:46:46,345 --> 00:46:50,348 and I'm getting extremely agitated and very nervous. 891 00:46:50,349 --> 00:46:53,518 And it's a risky position to be in. 892 00:46:57,189 --> 00:47:00,024 And I didn't appreciate that the government put me there. 893 00:47:06,657 --> 00:47:08,991 I think Harry changed. 894 00:47:08,992 --> 00:47:10,493 First of all, he was no longer happy 895 00:47:10,494 --> 00:47:11,994 being a portfolio manager 896 00:47:11,995 --> 00:47:14,163 because now he's found so many people in the industry 897 00:47:14,164 --> 00:47:16,165 that are fraudulent on this Madoff situation 898 00:47:16,166 --> 00:47:17,500 that he just says, 899 00:47:17,501 --> 00:47:20,503 "Hey, why am I playing in finance? 900 00:47:20,504 --> 00:47:22,004 I mean, these are all crooks." 901 00:47:22,005 --> 00:47:24,674 I found so much corruption just in 2003, 902 00:47:24,675 --> 00:47:26,509 in the finance industry. 903 00:47:26,510 --> 00:47:29,178 I said, "You know, Wall Street's so corrupt. 904 00:47:29,179 --> 00:47:31,180 "I want to be on the other side of this industry. 905 00:47:31,181 --> 00:47:33,516 I want to go against these guys." 906 00:47:53,453 --> 00:47:55,454 So he just basically got out of the industry. 907 00:47:55,455 --> 00:47:57,957 He virtually left the industry. 908 00:48:17,311 --> 00:48:19,645 I met Gaytri at a Cambridge Chamber of Commerce meeting 909 00:48:19,646 --> 00:48:21,188 in Massachusetts. 910 00:48:21,189 --> 00:48:22,356 She introduced herself. 911 00:48:22,357 --> 00:48:23,691 She said, "Hello. I'm Gaytri..." 912 00:48:23,692 --> 00:48:25,526 "The Hindu goddess of wisdom and knowledge." 913 00:48:25,527 --> 00:48:27,528 I thought, "Wow, that's a weird introduction." 914 00:48:27,529 --> 00:48:31,032 I think that had an impact on him. 915 00:48:31,033 --> 00:48:33,367 And I think it drew a smile as well. 916 00:48:33,368 --> 00:48:34,410 Turns out she was 917 00:48:34,411 --> 00:48:35,995 an international transaction lawyer, 918 00:48:35,996 --> 00:48:38,205 had been a Wall Street deal attorney. 919 00:48:38,206 --> 00:48:40,541 He explained to me that he had been 920 00:48:40,542 --> 00:48:43,377 to a bunch of law firms to figure out 921 00:48:43,378 --> 00:48:48,382 how to do this business of fraud investigation 922 00:48:48,383 --> 00:48:50,092 and to make money doing it. 923 00:48:50,093 --> 00:48:52,929 I was doing cases on a contingency, 924 00:48:52,930 --> 00:48:55,598 but I wasn't getting paid any kind of an hourly rate. 925 00:48:55,599 --> 00:48:57,767 We batted around a few ideas, 926 00:48:57,768 --> 00:48:59,936 and he basically, in five minutes, said, 927 00:48:59,937 --> 00:49:02,104 "You're my lawyer." 928 00:49:02,105 --> 00:49:03,481 She would take a look at my cases 929 00:49:03,482 --> 00:49:05,816 and help me negotiate the deals with the attorneys 930 00:49:05,817 --> 00:49:07,318 that I was placing these cases with. 931 00:49:07,319 --> 00:49:08,986 And they were typically large cases, 932 00:49:08,987 --> 00:49:10,321 several hundred million and up. 933 00:49:10,322 --> 00:49:12,657 Some were a few billion. 934 00:49:12,658 --> 00:49:15,785 He had already figured out the fraud element. 935 00:49:15,786 --> 00:49:20,289 This is something that he seems to instinctively gravitate to. 936 00:49:25,796 --> 00:49:28,589 I had left the firm in October of '01. 937 00:49:28,590 --> 00:49:31,759 About a year and a half later, I helped draft Neil Chelo, 938 00:49:31,760 --> 00:49:34,595 Harry's assistant, away from Rampart. 939 00:49:38,058 --> 00:49:43,062 I was traveling nonstop, meeting hedge fund managers. 940 00:49:43,063 --> 00:49:45,898 It was very good as far as me being able 941 00:49:45,899 --> 00:49:47,733 to get further intelligence 942 00:49:47,734 --> 00:49:50,236 and pass that on to Harry, 943 00:49:50,237 --> 00:49:53,739 who wanted to hear anything related to Madoff. 944 00:50:03,166 --> 00:50:05,835 We would get an opportunity to speak to risk managers 945 00:50:05,836 --> 00:50:09,672 who controlled risk at big banks and brokerage firms. 946 00:50:09,673 --> 00:50:11,674 And I would occasionally have conversations 947 00:50:11,675 --> 00:50:15,344 with these people and raise some of the red flags. 948 00:50:15,345 --> 00:50:17,346 Some people took the hint, 949 00:50:17,347 --> 00:50:21,684 and others shunned what we had to suggest and said, 950 00:50:21,685 --> 00:50:24,854 "Well, maybe, wink, wink, nod, nod, 951 00:50:24,855 --> 00:50:27,857 "he's doing something a little wrong, 952 00:50:27,858 --> 00:50:31,193 but he's our crook, and he's paying us." 953 00:50:31,194 --> 00:50:33,279 Madoff was very clever. 954 00:50:33,280 --> 00:50:36,115 The feeder funds were making millions and millions 955 00:50:36,116 --> 00:50:38,200 and millions of dollars. 956 00:50:38,201 --> 00:50:40,870 They were taking probably over 90% of the fee pie, 957 00:50:40,871 --> 00:50:43,873 and Madoff was keeping the smallest piece for himself. 958 00:50:43,874 --> 00:50:46,333 And that's where Bernie was a genius, 959 00:50:46,334 --> 00:50:49,170 in allowing everybody else to participate in the fraud 960 00:50:49,171 --> 00:50:51,839 and not trying to garner it all for himself. 961 00:50:51,840 --> 00:50:54,759 The feeder funds had no economic incentive 962 00:50:54,760 --> 00:50:56,761 to turn Madoff in. 963 00:50:56,762 --> 00:50:59,221 They were making too much money. 964 00:50:59,222 --> 00:51:00,389 Click! 965 00:51:00,390 --> 00:51:02,725 And the commission has no idea 966 00:51:02,726 --> 00:51:05,269 what the hell is going on. 967 00:51:05,270 --> 00:51:07,438 Now, the reality of it is, the stupidity of- 968 00:51:07,439 --> 00:51:09,440 and we answer those questions all the time. 969 00:51:09,441 --> 00:51:11,400 Every time we get an exam. 970 00:51:11,401 --> 00:51:14,904 And the issue that is- our market making desk, 971 00:51:14,905 --> 00:51:17,615 the information that we get from our orders is meaningless. 972 00:51:17,616 --> 00:51:19,116 The relationship that we have 973 00:51:19,117 --> 00:51:21,285 has been an established relationship for a long time. 974 00:51:21,286 --> 00:51:25,122 The commission knows how we operate. 975 00:51:25,123 --> 00:51:28,626 And even if they act stupid on a phone call with you, 976 00:51:28,627 --> 00:51:30,127 like, they're just trying to find out 977 00:51:30,128 --> 00:51:31,462 all this information, 978 00:51:31,463 --> 00:51:33,756 they're full of shit. 979 00:51:33,757 --> 00:51:36,926 There were probably many people on Wall Street 980 00:51:36,927 --> 00:51:39,595 that believed that Madoff was a fraud 981 00:51:39,596 --> 00:51:42,264 but just walked away and did nothing about it. 982 00:51:42,265 --> 00:51:43,933 I talked to people at the big firms, 983 00:51:43,934 --> 00:51:45,392 people that I trusted, 984 00:51:45,393 --> 00:51:47,561 and they'd say, "Harry, you're right. 985 00:51:47,562 --> 00:51:50,731 "Bernie Madoff has got to be a fraud. 986 00:51:50,732 --> 00:51:54,568 "But I can't, without my firm's permission, 987 00:51:54,569 --> 00:51:56,570 "join you at the SEC. 988 00:51:56,571 --> 00:51:58,405 If I do that, I'll be fired." 989 00:51:58,406 --> 00:51:59,740 But they did say, 990 00:51:59,741 --> 00:52:02,743 "Look, you can have the SEC contact me. 991 00:52:02,744 --> 00:52:05,079 "If they contact me, my firm will cooperate 992 00:52:05,080 --> 00:52:06,956 "because we're under SEC jurisdiction. 993 00:52:06,957 --> 00:52:08,457 So they have to call me." 994 00:52:08,458 --> 00:52:09,542 And do you know what? 995 00:52:09,543 --> 00:52:12,211 The SEC, they never made those calls. 996 00:52:14,047 --> 00:52:16,757 I was speaking with a fellow maybe in his mid-40s 997 00:52:16,758 --> 00:52:20,094 at a financial institution in Boston area, 998 00:52:20,095 --> 00:52:21,762 and as I stood up to leave, he says, 999 00:52:21,763 --> 00:52:25,933 "What do you know about Bernie Madoff?" 1000 00:52:25,934 --> 00:52:28,811 I said, "Who are you, and why are you asking?" 1001 00:52:31,815 --> 00:52:33,482 He said, "I married a woman 1002 00:52:33,483 --> 00:52:35,985 who's the sole heir to a fortune." 1003 00:52:41,575 --> 00:52:44,910 "At the wedding, Madoff came up to me afterwards 1004 00:52:44,911 --> 00:52:46,912 "and said, 'Now that you're family, 1005 00:52:46,913 --> 00:52:49,206 I'm gonna let you in to my deal." 1006 00:52:53,003 --> 00:52:55,337 And he says, "And I'm a financial guy. 1007 00:52:55,338 --> 00:52:58,340 "So I looked at the numbers he was showing me, 1008 00:52:58,341 --> 00:52:59,675 "and I said, 'I don't understand 1009 00:52:59,676 --> 00:53:01,343 where he's getting this return." 1010 00:53:03,180 --> 00:53:05,681 He says, "For going on two years now, 1011 00:53:05,682 --> 00:53:07,850 "my father-in-law's been calling me, 1012 00:53:07,851 --> 00:53:10,853 'This is a great deal for you and our daughter." 1013 00:53:10,854 --> 00:53:12,855 So he says, "I need some ammunition. 1014 00:53:12,856 --> 00:53:16,692 You got to help me beat my father-in-law." 1015 00:53:16,693 --> 00:53:19,195 So I went home that night, 1016 00:53:19,196 --> 00:53:22,031 and I started writing. 1017 00:53:24,034 --> 00:53:27,578 And I email it to "Abe," I'll call him. 1018 00:53:27,579 --> 00:53:30,247 And I didn't hear anything from Abe. 1019 00:53:32,083 --> 00:53:33,918 We saved. We saved for this future. 1020 00:53:33,919 --> 00:53:36,420 We never wanted to be a burden to our children. 1021 00:53:36,421 --> 00:53:38,088 And now I wish I'd spent it. 1022 00:53:38,089 --> 00:53:39,590 I wish I'd lived it up, 1023 00:53:39,591 --> 00:53:41,926 because all our life savings, in a blink of an eye, 1024 00:53:41,927 --> 00:53:43,052 just poof, gone. 1025 00:53:43,053 --> 00:53:46,889 The average person should be aware 1026 00:53:46,890 --> 00:53:48,724 that when you get a brokerage statement, 1027 00:53:48,725 --> 00:53:50,226 it's only a piece of paper 1028 00:53:50,227 --> 00:53:54,230 representing what that person thinks they own. 1029 00:53:56,650 --> 00:54:00,402 October 29, 1929, Black Tuesday. 1030 00:54:00,403 --> 00:54:02,905 The New York Stock Exchange is in a panic. 1031 00:54:02,906 --> 00:54:04,740 Frantic investors have scrambled 1032 00:54:04,741 --> 00:54:07,243 to unload their stocks at any price. 1033 00:54:07,244 --> 00:54:08,744 Everyone wants to sell. 1034 00:54:08,745 --> 00:54:10,079 No one wants to buy. 1035 00:54:10,080 --> 00:54:12,915 When you see something that big in your industry, 1036 00:54:12,916 --> 00:54:14,583 if you don't do something about it- 1037 00:54:14,584 --> 00:54:16,252 clean up your industry- 1038 00:54:16,253 --> 00:54:19,088 your industry is gonna suffer, and we saw that. 1039 00:54:19,089 --> 00:54:22,591 And that's why our financial system came near to collapse. 1040 00:54:22,592 --> 00:54:24,426 It was because no one said anything. 1041 00:54:24,427 --> 00:54:26,095 They saw the frauds going on, 1042 00:54:26,096 --> 00:54:27,429 and everybody remained silent. 1043 00:54:27,430 --> 00:54:28,597 Well, that's just not my way. 1044 00:54:28,598 --> 00:54:29,765 I don't remain silent. 1045 00:54:29,766 --> 00:54:32,268 If I see a fraud, I'm gonna stop it. 1046 00:54:34,938 --> 00:54:37,940 [distorted, indistinct conversation] 1047 00:54:57,002 --> 00:54:59,336 It was clear that the scheme was getting much, much larger. 1048 00:54:59,337 --> 00:55:02,339 So now we had 29 separate red flags. 1049 00:55:02,340 --> 00:55:05,175 And we'd expanded each of the red flags dramatically. 1050 00:55:06,845 --> 00:55:09,513 I mean, you could have hired an English major 1051 00:55:09,514 --> 00:55:12,683 who knew nothing about finance, 1052 00:55:12,684 --> 00:55:14,685 given them the 29 flags, and said, 1053 00:55:14,686 --> 00:55:17,521 "Pick three randomly, go into Madoff's office, 1054 00:55:17,522 --> 00:55:19,481 and get the answers to these three things," 1055 00:55:19,482 --> 00:55:20,941 and they will uncover the fraud. 1056 00:55:22,485 --> 00:55:25,821 We felt this was the big last push. 1057 00:55:32,245 --> 00:55:35,414 And a few days later, I'm meeting with Mike Garrity 1058 00:55:35,415 --> 00:55:37,166 and a few other people from the SEC, 1059 00:55:37,167 --> 00:55:39,835 and it's clear that Mike Garrity gets it. 1060 00:55:39,836 --> 00:55:41,503 He doesn't understand the math, 1061 00:55:41,504 --> 00:55:44,840 so he has me diagram every relationship. 1062 00:55:47,344 --> 00:55:48,510 And at the end of it, he says, 1063 00:55:48,511 --> 00:55:50,596 "Harry, this is very serious, 1064 00:55:50,597 --> 00:55:52,848 "and it certainly merits me forwarding it to New York 1065 00:55:52,849 --> 00:55:57,019 as quickly as possible with the utmost seriousness." 1066 00:55:57,020 --> 00:55:59,688 On my submission, I didn't want to be identified, 1067 00:55:59,689 --> 00:56:02,024 because if they know and any of them turn out 1068 00:56:02,025 --> 00:56:04,026 to be corrupt and take money from Madoff, 1069 00:56:04,027 --> 00:56:05,569 I'm a dead man. 1070 00:56:07,697 --> 00:56:09,448 We keep waiting and waiting. 1071 00:56:19,250 --> 00:56:21,251 The commission knows how we operate... 1072 00:56:21,252 --> 00:56:22,961 It was a road map for the fraud, 1073 00:56:22,962 --> 00:56:24,463 and I'm just telling you, "Go get it." 1074 00:56:24,464 --> 00:56:25,464 It's the case. 1075 00:56:25,465 --> 00:56:26,590 I already solved it for you. 1076 00:56:26,591 --> 00:56:28,092 All you have to do: call my witnesses. 1077 00:56:28,093 --> 00:56:30,427 I gave you their contact information. 1078 00:56:30,428 --> 00:56:31,762 And I'm also saying, 1079 00:56:31,763 --> 00:56:34,264 "How about if I offer to go undercover 1080 00:56:34,265 --> 00:56:36,934 "and just go inside the Madoff operation? 1081 00:56:36,935 --> 00:56:39,603 "If I do that, I can ask a few questions 1082 00:56:39,604 --> 00:56:42,773 "and bust this thing wide open in the space of an hour. 1083 00:56:42,774 --> 00:56:46,276 "Look at the math. Check with a third party. 1084 00:56:46,277 --> 00:56:48,612 "All you have to do is show up and ask a question, 1085 00:56:48,613 --> 00:56:50,614 and you'll get the answer that solves the fraud." 1086 00:56:50,615 --> 00:56:51,949 They never showed up. 1087 00:56:51,950 --> 00:56:52,991 What the hell's going on? 1088 00:56:52,992 --> 00:56:55,119 I was like the boy that cried wolf, 1089 00:56:55,120 --> 00:56:56,537 but there was a wolf. 1090 00:56:56,538 --> 00:56:58,789 It was never a false alarm. I was always telling the truth. 1091 00:56:58,790 --> 00:57:00,332 There's the wolf. It's Bernie Madoff. 1092 00:57:01,543 --> 00:57:03,210 Now, in this case, you know, 1093 00:57:03,211 --> 00:57:06,422 Harry Markopolos provided the complaint. 1094 00:57:06,423 --> 00:57:08,757 So he's the guy who did have the experience. 1095 00:57:08,758 --> 00:57:10,092 But, unfortunately, 1096 00:57:10,093 --> 00:57:11,927 they didn't utilize him the way they could. 1097 00:57:13,430 --> 00:57:16,098 What the heck went on? 1098 00:57:19,310 --> 00:57:22,938 Your mission, you said, was to-was to... 1099 00:57:25,150 --> 00:57:28,986 Protect investors and detect fraud quickly. 1100 00:57:28,987 --> 00:57:31,321 How did that work out? 1101 00:57:31,322 --> 00:57:33,198 What went wrong? 1102 00:57:33,199 --> 00:57:37,870 One guy with a few friends and helpers 1103 00:57:37,871 --> 00:57:41,874 discovered this thing nearly a decade ago, 1104 00:57:41,875 --> 00:57:44,877 led you to this pile of dung that is Bernie Madoff, 1105 00:57:44,878 --> 00:57:49,673 and stuck your nose in it, and you couldn't figure it out. 1106 00:57:49,674 --> 00:57:53,510 You have single-handedly diffused the American public 1107 00:57:53,511 --> 00:57:56,889 of any sense of confidence in our financial markets 1108 00:57:56,890 --> 00:57:58,557 if you are the watchdogs. 1109 00:57:58,558 --> 00:58:01,727 You have totally and thoroughly failed in your mission. 1110 00:58:01,728 --> 00:58:03,729 Don't you get it? 1111 00:58:12,989 --> 00:58:14,990 I'm in New York now. 1112 00:58:14,991 --> 00:58:16,992 I'm in Madoff's turf. 1113 00:58:16,993 --> 00:58:19,203 He gets wind of this, and I'm doomed. 1114 00:58:20,330 --> 00:58:21,497 Me, personally, 1115 00:58:21,498 --> 00:58:24,333 I didn't feel the safety issue. 1116 00:58:24,334 --> 00:58:25,834 We never felt that threat. 1117 00:58:25,835 --> 00:58:27,794 But I had been, personally, on the receiving end 1118 00:58:27,795 --> 00:58:30,172 of such a threat once in my business career... 1119 00:58:31,716 --> 00:58:33,342 When I inadvertently was referred in 1120 00:58:33,343 --> 00:58:34,927 by a lawyer to the mob. 1121 00:58:34,928 --> 00:58:36,178 I want to tell you, 1122 00:58:36,179 --> 00:58:37,888 it's a horrible thing to have to live under. 1123 00:58:40,391 --> 00:58:43,894 I rotted out 12 shirts over a period of two months. 1124 00:59:06,584 --> 00:59:08,293 When you're dealing with professionals, 1125 00:59:08,294 --> 00:59:09,586 you don't get the warning. 1126 00:59:09,587 --> 00:59:11,463 The first warning you get is the flash of light. 1127 00:59:11,464 --> 00:59:12,548 And that's the first bullet 1128 00:59:12,549 --> 00:59:14,049 that's gonna go through your brain. 1129 00:59:14,050 --> 00:59:15,425 And it's usually gonna be followed 1130 00:59:15,426 --> 00:59:16,510 by a second within an inch. 1131 00:59:16,511 --> 00:59:17,678 It's called double-tapping. 1132 00:59:17,679 --> 00:59:19,346 I was very familiar with double-tapping. 1133 00:59:19,347 --> 00:59:20,931 I had a military background, 1134 00:59:20,932 --> 00:59:22,599 and I knew what a double-tap was. 1135 00:59:22,600 --> 00:59:25,269 It's two bullets to the head, either the front or the back. 1136 00:59:25,270 --> 00:59:26,311 There's no warning. 1137 00:59:26,312 --> 00:59:27,354 It's just a flash of light. 1138 00:59:27,355 --> 00:59:28,855 Your brain barely registers this, 1139 00:59:28,856 --> 00:59:30,857 and you're already dead. 1140 00:59:47,750 --> 00:59:49,918 I could tell something had spooked him. 1141 00:59:49,919 --> 00:59:53,922 He was very spooked, scared, white as a ghost. 1142 00:59:57,844 --> 01:00:01,513 So he started mentioning this thing about Ponzi. 1143 01:00:01,514 --> 01:00:03,348 I said to him, I goes, "Are you that scared 1144 01:00:03,349 --> 01:00:05,434 where you feel you might need a bulletproof vest?" 1145 01:00:05,435 --> 01:00:07,936 I says, "I have one right here." 1146 01:00:11,149 --> 01:00:13,984 We started talking about carrying weapons. 1147 01:00:13,985 --> 01:00:16,695 I mean, this thing started to mushroom to the point of, 1148 01:00:16,696 --> 01:00:20,115 you need self-protection. 1149 01:00:20,116 --> 01:00:23,452 What can a small little department offer you, you know? 1150 01:00:23,453 --> 01:00:25,287 If nobody else is believing you, 1151 01:00:25,288 --> 01:00:27,789 I mean, what's going on? 1152 01:00:27,790 --> 01:00:29,291 There are three things you have to do 1153 01:00:29,292 --> 01:00:30,542 to survive on the battlefield: 1154 01:00:30,543 --> 01:00:31,793 shoot, move, and communicate. 1155 01:00:31,794 --> 01:00:33,629 The thing I was worried about was the moving. 1156 01:00:33,630 --> 01:00:35,422 This thing was gonna prevent me from moving. 1157 01:00:35,423 --> 01:00:36,673 I didn't want him to leave here 1158 01:00:36,674 --> 01:00:39,635 without any protection, but it was his choice. 1159 01:00:41,721 --> 01:00:44,014 When he left that day- 1160 01:00:44,015 --> 01:00:47,017 and this kind of sticks out in my mind- 1161 01:00:47,018 --> 01:00:49,853 he said, "When somebody finally believes me, 1162 01:00:49,854 --> 01:00:53,357 "when I get the right agencies to believe me, 1163 01:00:53,358 --> 01:00:55,192 "this isn't gonna be just the biggest thing 1164 01:00:55,193 --> 01:00:56,693 "in the state or the country; 1165 01:00:56,694 --> 01:00:58,528 "this will be the biggest thing in the world 1166 01:00:58,529 --> 01:01:00,238 that anybody will ever see." 1167 01:01:27,475 --> 01:01:29,476 They did not live a normal childhood. 1168 01:01:29,477 --> 01:01:31,978 They grew up very, very protected. 1169 01:01:31,979 --> 01:01:34,648 There's the security system over there. 1170 01:01:34,649 --> 01:01:36,149 And I had a newborn about to come 1171 01:01:36,150 --> 01:01:37,693 in April of that year. 1172 01:01:41,155 --> 01:01:42,197 Rah! 1173 01:01:42,198 --> 01:01:44,032 Everything was different. 1174 01:01:44,033 --> 01:01:45,867 Carrying a gun with you is different. 1175 01:01:45,868 --> 01:01:47,077 And most people don't do that. 1176 01:01:47,078 --> 01:01:50,247 That's not a normal dad thing to do. 1177 01:01:50,248 --> 01:01:51,748 [speaking indistinctly] 1178 01:01:51,749 --> 01:01:53,250 We lived a different life. 1179 01:01:53,251 --> 01:01:55,252 There were places we didn't go. 1180 01:01:55,253 --> 01:01:56,753 I liked to stay in state 1181 01:01:56,754 --> 01:01:59,131 because my pistol license was only good for Massachusetts. 1182 01:01:59,132 --> 01:02:00,549 I needed to be armed. 1183 01:02:00,550 --> 01:02:02,759 And you didn't know where the ambush was gonna come from. 1184 01:02:02,760 --> 01:02:03,885 You just knew it was gonna be 1185 01:02:03,886 --> 01:02:05,595 a time and place of their choosing. 1186 01:02:08,850 --> 01:02:10,684 My kids probably think my minivan 1187 01:02:10,685 --> 01:02:12,519 must leak a lot of fluids 1188 01:02:12,520 --> 01:02:14,855 because I'm always underneath the body carriage 1189 01:02:14,856 --> 01:02:18,692 checking it out for bombs. 1190 01:02:18,693 --> 01:02:21,194 Okay, guys. 1191 01:02:21,195 --> 01:02:22,362 Let's roll. 1192 01:02:22,363 --> 01:02:23,530 Harry first. 1193 01:02:24,699 --> 01:02:26,867 Have the window? 1194 01:02:26,868 --> 01:02:29,035 I didn't have a normal lifestyle. 1195 01:02:55,605 --> 01:02:59,858 Fear is an amazing thing. 1196 01:02:59,859 --> 01:03:01,526 It gives you a shot of adrenaline. 1197 01:03:01,527 --> 01:03:04,529 It gives you the fight-or-flight response. 1198 01:03:04,530 --> 01:03:07,199 [echoing] Flash of light, flash of light... 1199 01:03:10,870 --> 01:03:12,537 You're already dead... Already dead... 1200 01:03:12,538 --> 01:03:14,039 You've reached the point of no return 1201 01:03:14,040 --> 01:03:17,459 where you can't stop. 1202 01:03:17,460 --> 01:03:18,710 The easiest way out is forward. 1203 01:03:18,711 --> 01:03:20,212 You can't go back 1204 01:03:20,213 --> 01:03:24,007 because you left too much risk on the table. 1205 01:03:33,684 --> 01:03:36,353 If your security wasn't good enough, 1206 01:03:36,354 --> 01:03:38,063 and if Madoff found out about us, 1207 01:03:38,064 --> 01:03:39,523 I would have had a decision to make, 1208 01:03:39,524 --> 01:03:40,899 and my decision was pretty clear. 1209 01:03:40,900 --> 01:03:43,068 I'd go down and take out Madoff before he took me out. 1210 01:03:43,069 --> 01:03:44,778 I mean, I'd made the conscious decision- 1211 01:03:44,779 --> 01:03:48,365 I was gonna go down there and kill him. 1212 01:03:54,038 --> 01:03:55,705 I went to a whistleblower organization: 1213 01:03:55,706 --> 01:03:59,334 Taxpayers Against Fraud in Washington. 1214 01:03:59,335 --> 01:04:01,169 And they put me in touch with John Wilke, 1215 01:04:01,170 --> 01:04:03,004 a senior investigative reporter 1216 01:04:03,005 --> 01:04:05,006 for The Wall Street Journal's Washington bureau, 1217 01:04:05,007 --> 01:04:06,174 which was perfect for me. 1218 01:04:06,175 --> 01:04:07,843 Madoff would be focusing to the south, 1219 01:04:07,844 --> 01:04:09,511 toward Philly or Washington, 1220 01:04:09,512 --> 01:04:11,304 thinking the whistleblower is down there, 1221 01:04:11,305 --> 01:04:15,016 where I'm safe and sound, hopefully, up in Boston. 1222 01:04:15,017 --> 01:04:17,352 There's this fellow by the name of John Wilke, 1223 01:04:17,353 --> 01:04:20,730 and they call him Mr. Front Page. 1224 01:04:20,731 --> 01:04:22,732 He was probably the best investigative reporter 1225 01:04:22,733 --> 01:04:24,067 The Journal had. 1226 01:04:24,068 --> 01:04:25,402 I mean, he was that good. 1227 01:04:25,403 --> 01:04:27,404 A lot of stories he broke, the people went to jail. 1228 01:04:27,405 --> 01:04:30,740 They were congressmen. They were senators. 1229 01:04:30,741 --> 01:04:34,077 And Wilke is excited. 1230 01:04:34,078 --> 01:04:36,246 And he said, "This is very interesting." 1231 01:04:36,247 --> 01:04:38,081 I said, "I have a lot of documents." 1232 01:04:38,082 --> 01:04:39,916 The best thing to do is not get involved... 1233 01:04:39,917 --> 01:04:42,252 He said, "Can you prepare me some contact information 1234 01:04:42,253 --> 01:04:45,755 of other people I can contact to verify the story?" 1235 01:04:45,756 --> 01:04:47,757 Harry says, "This guy's going to do it. 1236 01:04:47,758 --> 01:04:48,925 "He's coming up, 1237 01:04:48,926 --> 01:04:50,427 "and he's going to write the article, 1238 01:04:50,428 --> 01:04:51,970 "and it's going to go on the front page 1239 01:04:51,971 --> 01:04:54,139 of The Wall Street Journal," 1240 01:04:57,894 --> 01:05:00,145 I know that my only hope for salvation 1241 01:05:00,146 --> 01:05:01,771 is The Wall Street Journal. 1242 01:05:01,772 --> 01:05:04,274 If they go to print, I'm safe, 1243 01:05:04,275 --> 01:05:06,443 'cause Madoff is gonna blow up. 1244 01:05:06,444 --> 01:05:09,613 If they don't go to print, my life's forfeit. 1245 01:05:12,158 --> 01:05:13,241 Oh, I was in way too deep. 1246 01:05:13,242 --> 01:05:14,576 I couldn't give up at this point. 1247 01:05:17,705 --> 01:05:20,206 My name's in New York. 1248 01:05:20,207 --> 01:05:24,377 The investigation's off course. 1249 01:05:24,378 --> 01:05:27,714 The Journal has my story. 1250 01:05:27,715 --> 01:05:30,050 Wilke apparently was reassigned 1251 01:05:30,051 --> 01:05:32,052 every time he wanted to come up to Boston 1252 01:05:32,053 --> 01:05:34,387 to do the interviews and work on the Madoff case. 1253 01:05:34,388 --> 01:05:36,723 And he made numerous plans to come up and see me, 1254 01:05:36,724 --> 01:05:38,391 but someone higher up at The Journal 1255 01:05:38,392 --> 01:05:39,893 killed the story. 1256 01:05:39,894 --> 01:05:41,061 It's a Pulitzer. 1257 01:05:41,062 --> 01:05:42,395 All a reporter had to say is, 1258 01:05:42,396 --> 01:05:44,230 "I want to cover it, and I want to break Madoff." 1259 01:05:44,231 --> 01:05:48,234 Every time we've tried to uncover this Madoff fellow, 1260 01:05:48,235 --> 01:05:50,946 the investigations are stymied. 1261 01:05:50,947 --> 01:05:52,739 I mean, we went to the biggest and the best. 1262 01:05:52,740 --> 01:05:53,782 And that was it. 1263 01:05:53,783 --> 01:05:54,950 There was no luck. 1264 01:05:54,951 --> 01:05:56,117 They didn't care. 1265 01:05:56,118 --> 01:05:57,452 "Too unbelievable. Too big. 1266 01:05:57,453 --> 01:05:58,703 "We don't do stories that big. 1267 01:05:58,704 --> 01:06:01,456 We don't believe it's for real." 1268 01:06:01,457 --> 01:06:03,166 And we don't know, 1269 01:06:03,167 --> 01:06:06,127 is there someone high up in the government 1270 01:06:06,128 --> 01:06:08,463 that is actually stopping this? 1271 01:06:08,464 --> 01:06:10,465 When the agency in charge of the capital markets 1272 01:06:10,466 --> 01:06:11,800 doesn't do their job 1273 01:06:11,801 --> 01:06:15,136 and when the press doesn't do their job, 1274 01:06:15,137 --> 01:06:18,139 then where else do you go? 1275 01:06:18,140 --> 01:06:23,144 So we became jaded, if you will, disgusted. 1276 01:06:23,145 --> 01:06:26,982 By, I'm going to say, somewhere around 2007, 1277 01:06:26,983 --> 01:06:28,316 we were almost giving up. 1278 01:06:28,317 --> 01:06:32,487 At that point, I was, you know, 1279 01:06:32,488 --> 01:06:35,657 willing to drop it, in my mind. 1280 01:06:35,658 --> 01:06:38,493 Harry was just obsessed. 1281 01:06:38,494 --> 01:06:41,162 Here I am, armed to the teeth and checking for bombs. 1282 01:06:41,163 --> 01:06:42,497 And I need something to happen. 1283 01:06:42,498 --> 01:06:44,416 I need Madoff to go down, so I can live my life. 1284 01:06:44,417 --> 01:06:45,750 I want to return to normal. 1285 01:06:50,965 --> 01:06:52,132 I'm the point person. 1286 01:06:52,133 --> 01:06:55,468 My name's out there, no one else's. 1287 01:06:55,469 --> 01:06:57,804 So I'm living in fear. 1288 01:06:57,805 --> 01:06:59,806 I'm afraid. 1289 01:07:06,355 --> 01:07:07,856 Harry, you okay? 1290 01:07:07,857 --> 01:07:10,108 Wake up. Wake up. 1291 01:07:10,109 --> 01:07:11,651 [whispering] Okay, we got to be quiet. 1292 01:07:11,652 --> 01:07:14,529 We want to hear them before they hear us, okay? 1293 01:07:14,530 --> 01:07:15,613 Okay, here. 1294 01:07:15,614 --> 01:07:16,948 You see all these sticks here? 1295 01:07:16,949 --> 01:07:18,283 All these dead sticks? 1296 01:07:18,284 --> 01:07:20,952 If we step on those dead sticks, 1297 01:07:20,953 --> 01:07:22,162 we'll scare the animals 1298 01:07:22,163 --> 01:07:23,747 because the stick will crack, all right? 1299 01:07:23,748 --> 01:07:25,915 It will snap, so we have to avoid that. 1300 01:07:25,916 --> 01:07:28,209 So you have to really make sure you put your foot 1301 01:07:28,210 --> 01:07:32,380 where the sticks are not, okay? 1302 01:07:32,381 --> 01:07:35,550 That's it. 1303 01:07:35,551 --> 01:07:37,886 Here, now, what do we have here? 1304 01:07:37,887 --> 01:07:39,387 Let me show you. 1305 01:07:39,388 --> 01:07:41,222 These are deer droppings. 1306 01:07:41,223 --> 01:07:42,390 Poop? 1307 01:07:42,391 --> 01:07:43,725 That's deer poop. That's right. 1308 01:07:43,726 --> 01:07:45,060 Now here- Don't step on it. 1309 01:07:45,061 --> 01:07:46,436 All right, now, there's two types 1310 01:07:46,437 --> 01:07:47,937 of animals in the woods here. 1311 01:07:47,938 --> 01:07:50,440 There's predators, and there's prey. 1312 01:07:50,441 --> 01:07:53,443 A deer is known as a prey animal. 1313 01:07:53,444 --> 01:07:56,279 And there's predators like bear, bobcat, and mountain lion 1314 01:07:56,280 --> 01:07:57,947 that would hunt these and eat these. 1315 01:07:57,948 --> 01:07:59,407 To catch a predator, 1316 01:07:59,408 --> 01:08:00,742 you have to think like a predator, 1317 01:08:00,743 --> 01:08:02,285 and you have to go where they're going. 1318 01:08:02,286 --> 01:08:04,120 They're always looking over their shoulder, 1319 01:08:04,121 --> 01:08:06,956 so you have to be very careful when you sneak up on them, 1320 01:08:06,957 --> 01:08:10,460 'cause if they find out, they could hurt you. 1321 01:08:12,463 --> 01:08:14,631 You understand that? 1322 01:08:14,632 --> 01:08:15,632 Yes. 1323 01:08:15,633 --> 01:08:16,800 - Good. - Yep. 1324 01:08:21,138 --> 01:08:24,974 In retrospect, you know, once my twins were born in 2003, 1325 01:08:24,975 --> 01:08:26,810 I should have stopped the investigation. 1326 01:08:26,811 --> 01:08:29,646 I was a fool to keep going forward. 1327 01:08:29,647 --> 01:08:32,148 If the government didn't care, why should I? 1328 01:08:32,149 --> 01:08:34,984 But if you have that attitude, 1329 01:08:34,985 --> 01:08:38,988 if citizens don't step forward and contribute to society, 1330 01:08:38,989 --> 01:08:40,698 then society falls apart. 1331 01:08:42,618 --> 01:08:46,121 In 2008, the world financial markets 1332 01:08:46,122 --> 01:08:47,956 really started coming apart. 1333 01:08:47,957 --> 01:08:50,959 Investors around the world were losing money on everything. 1334 01:08:50,960 --> 01:08:52,460 There was no haven. 1335 01:08:52,461 --> 01:08:56,464 People were withdrawing their money from fund of funds, 1336 01:08:56,465 --> 01:08:58,299 from the feeder funds. 1337 01:08:58,300 --> 01:08:59,801 So I need money from somewhere. 1338 01:08:59,802 --> 01:09:00,969 I've got to get the money. 1339 01:09:00,970 --> 01:09:02,804 Old Bernie, Bernie never loses money. 1340 01:09:02,805 --> 01:09:05,473 We'll use Bernie as our ATM. 1341 01:09:05,474 --> 01:09:09,310 He literally couldn't continue the Ponzi scheme. 1342 01:09:09,311 --> 01:09:11,813 He ran out of money. 1343 01:09:11,814 --> 01:09:13,481 But it was nothing that we did. 1344 01:09:13,482 --> 01:09:14,649 It wasn't the foxhounds. 1345 01:09:14,650 --> 01:09:16,484 It wasn't the team. 1346 01:09:16,485 --> 01:09:18,820 It was the marketplace. 1347 01:09:18,821 --> 01:09:21,322 So when Bernie couldn't deliver, 1348 01:09:21,323 --> 01:09:23,825 he picked the time of his own choosing 1349 01:09:23,826 --> 01:09:24,993 to say good-bye. 1350 01:09:24,994 --> 01:09:27,328 So how many documents were destroyed? 1351 01:09:27,329 --> 01:09:29,497 How many cover-up stories were built 1352 01:09:29,498 --> 01:09:32,667 before he decided to call it quits? 1353 01:10:12,208 --> 01:10:13,708 I had no inkling that anything 1354 01:10:13,709 --> 01:10:16,628 was gonna change my life that day. 1355 01:10:16,629 --> 01:10:18,963 Okay, guys, let's get ready to go to karate. 1356 01:10:18,964 --> 01:10:20,131 Come on. Get your stuff. 1357 01:10:20,132 --> 01:10:22,133 Let's go. 1358 01:10:28,599 --> 01:10:29,766 Go. 1359 01:10:29,767 --> 01:10:30,934 Both: Yah! 1360 01:10:30,935 --> 01:10:32,435 Come on. 1361 01:10:35,439 --> 01:10:36,898 Oh, nice. 1362 01:10:39,401 --> 01:10:41,569 I'm listening to the voice mail, 1363 01:10:41,570 --> 01:10:44,405 and it says, "Harry, Bernie Madoff's been arrested. 1364 01:10:44,406 --> 01:10:46,407 "He's in federal custody, 1365 01:10:46,408 --> 01:10:48,034 "$50-billion Ponzi scheme. 1366 01:10:48,035 --> 01:10:49,244 "You're not gonna believe it. 1367 01:10:49,245 --> 01:10:50,912 Congratulations. You got him." 1368 01:10:50,913 --> 01:10:54,249 And so I knew that I needed to get home as soon as I could 1369 01:10:54,250 --> 01:10:56,251 because I had one enemy left to fight, 1370 01:10:56,252 --> 01:10:58,419 and that was the Securities and Exchange Commission. 1371 01:10:58,420 --> 01:11:00,088 And I knew, back home, 1372 01:11:00,089 --> 01:11:03,591 I had unprotected back there lots and lots of documents 1373 01:11:03,592 --> 01:11:06,761 that would incriminate the SEC to no end. 1374 01:11:06,762 --> 01:11:08,429 I knew that if the SEC would try 1375 01:11:08,430 --> 01:11:10,932 to seize my computers and documents that night, 1376 01:11:10,933 --> 01:11:12,267 there was gonna be shooting. 1377 01:11:12,268 --> 01:11:15,603 And we had rehearsed what I call a battle drill, 1378 01:11:15,604 --> 01:11:18,273 where if somebody did pierce the premises, 1379 01:11:18,274 --> 01:11:21,276 I'd go down to the first floor and confront the suspects. 1380 01:11:21,277 --> 01:11:23,611 My wife would remain posted at the top of the stairs. 1381 01:11:23,612 --> 01:11:25,613 Anybody coming up the stairs that wasn't me, 1382 01:11:25,614 --> 01:11:27,782 she'd just keep shooting until she ran out of ammo. 1383 01:11:30,286 --> 01:11:31,911 I was gonna protect those documents. 1384 01:11:31,912 --> 01:11:33,913 I knew they had a lot to hide. 1385 01:11:33,914 --> 01:11:38,418 I just rushed into the house, run upstairs to my office, 1386 01:11:38,419 --> 01:11:41,421 and I start collecting documents. 1387 01:11:46,927 --> 01:11:52,140 So Harry is on the phone very excited, very animated. 1388 01:11:52,141 --> 01:11:53,474 "What do I do? 1389 01:11:53,475 --> 01:11:55,977 "I have all this stuff. I'm emailing it to you. 1390 01:11:55,978 --> 01:11:57,312 Can you safeguard it?" 1391 01:11:57,313 --> 01:12:00,648 And my immediate reaction was that I was scared. 1392 01:12:00,649 --> 01:12:01,816 "Yes. What do we do?" 1393 01:12:01,817 --> 01:12:03,318 She goes, "I don't know. 1394 01:12:03,319 --> 01:12:05,320 "I have to think about this. This is big. 1395 01:12:05,321 --> 01:12:06,487 No one's ever done this." 1396 01:12:06,488 --> 01:12:08,656 And I said, "Yeah." 1397 01:12:08,657 --> 01:12:11,492 And so I was emailing documents all through the night. 1398 01:12:11,493 --> 01:12:13,828 I didn't sleep because I knew my risk factor was high. 1399 01:12:13,829 --> 01:12:15,496 I thought eventually the SEC would know 1400 01:12:15,497 --> 01:12:17,081 that they needed to move on my house 1401 01:12:17,082 --> 01:12:18,499 and get those documents out of there 1402 01:12:18,500 --> 01:12:19,625 and seize my computers. 1403 01:12:19,626 --> 01:12:21,669 And I get a phone call, 1404 01:12:21,670 --> 01:12:23,338 "Are you Harry Markopolos?" 1405 01:12:23,339 --> 01:12:24,714 And I said, "Yes, I am. Who is this?" 1406 01:12:24,715 --> 01:12:26,049 And he said, "It's Greg Zuckerman 1407 01:12:26,050 --> 01:12:27,508 "of The Wall Street Journal calling. 1408 01:12:27,509 --> 01:12:29,177 Are you the Madoff whistleblower?" 1409 01:12:29,178 --> 01:12:31,596 I said, "You damn well know I am. 1410 01:12:31,597 --> 01:12:33,181 "You've had my stuff for three years. 1411 01:12:33,182 --> 01:12:35,475 "You've been sitting on it. You didn't do anything with it. 1412 01:12:35,476 --> 01:12:36,517 Of course I am." 1413 01:12:36,518 --> 01:12:37,727 "I just wanted to confirm this 1414 01:12:37,728 --> 01:12:39,562 "because CNBC is reporting the existence 1415 01:12:39,563 --> 01:12:40,730 of a Madoff whistleblower." 1416 01:12:40,731 --> 01:12:42,190 [announcer speaking indistinctly] 1417 01:12:42,191 --> 01:12:43,691 And then the fear went through me. 1418 01:12:43,692 --> 01:12:45,693 I said, "Oh, sheesh." 1419 01:12:48,280 --> 01:12:49,697 And he said, "Calm down. Calm down." 1420 01:12:50,824 --> 01:12:52,450 "I'll work with you on the story. 1421 01:12:52,451 --> 01:12:53,993 "Once your story is out, you're safe. 1422 01:12:53,994 --> 01:12:55,703 Do you have any documents you can send me?" 1423 01:12:58,248 --> 01:12:59,749 When Harry came in that night, 1424 01:12:59,750 --> 01:13:01,918 he was completely just out of his mind. 1425 01:13:01,919 --> 01:13:04,379 He was all disheveled, very white, 1426 01:13:04,380 --> 01:13:06,881 frazzled, and he started- he called me over. 1427 01:13:06,882 --> 01:13:08,216 He's like, "I need to talk to you. 1428 01:13:08,217 --> 01:13:09,217 "I need to talk to you. 1429 01:13:09,218 --> 01:13:10,718 I need to borrow a fax machine." 1430 01:13:10,719 --> 01:13:13,513 And I'm like, "For what?" 1431 01:13:13,514 --> 01:13:15,306 And he's like, "I have to get these papers off. 1432 01:13:15,307 --> 01:13:17,100 "I have to get them to The Wall Street Journal, 1433 01:13:17,101 --> 01:13:18,434 "It's a matter of life and death. 1434 01:13:18,435 --> 01:13:20,353 "I don't know-if something might happen to me, 1435 01:13:20,354 --> 01:13:21,813 I have to get rid of these; can you"- 1436 01:13:21,814 --> 01:13:23,356 he was going on and on and on. 1437 01:13:23,357 --> 01:13:24,857 He points up to the TV, 1438 01:13:24,858 --> 01:13:27,026 'cause at that point, we had the news on, 1439 01:13:27,027 --> 01:13:30,196 and it was-Bernie Madoff had turned himself in. 1440 01:13:30,197 --> 01:13:31,572 He had information and documents 1441 01:13:31,573 --> 01:13:33,908 that he had to fax over right away 1442 01:13:33,909 --> 01:13:36,577 to a reporter for The Wall Street Journal, 1443 01:13:36,578 --> 01:13:38,246 And so we're there for 90 minutes 1444 01:13:38,247 --> 01:13:39,705 trying to fax all these documents. 1445 01:13:39,706 --> 01:13:40,998 And we finally get them through, 1446 01:13:40,999 --> 01:13:42,333 and I'm on the phone with Greg Zuckerman. 1447 01:13:42,334 --> 01:13:44,001 He says, "Harry, I got every last single one of them. 1448 01:13:44,002 --> 01:13:45,420 Thank you." 1449 01:13:45,421 --> 01:13:46,838 Wall Street veteran Bernie Madoff 1450 01:13:46,839 --> 01:13:48,381 has been arrested and charged with... 1451 01:13:48,382 --> 01:13:49,590 His name is Bernard Madoff, 1452 01:13:49,591 --> 01:13:51,217 The SEC accusing Bernard Madoff... 1453 01:13:51,218 --> 01:13:53,136 And Greg Zuckerman's working the story hard. 1454 01:13:53,137 --> 01:13:54,429 He's calling me up. 1455 01:13:54,430 --> 01:13:56,431 And he goes, "Are you sure you're for real?" 1456 01:13:56,432 --> 01:13:58,099 And I said, "Why are you asking?" 1457 01:13:58,100 --> 01:14:00,143 And he said, "Cause this stuff is too good to be true. 1458 01:14:00,144 --> 01:14:01,436 "You're telling me you gave this 1459 01:14:01,437 --> 01:14:02,812 to the government, and they did nothing?" 1460 01:14:02,813 --> 01:14:04,605 And I said, "Yeah, you're talking about weeks 1461 01:14:04,606 --> 01:14:05,773 "and months and years, 1462 01:14:05,774 --> 01:14:07,358 hundreds and hundreds and hundreds of hours." 1463 01:14:07,359 --> 01:14:08,943 And that was sort of the stumbling block 1464 01:14:08,944 --> 01:14:10,278 for the first few days. 1465 01:14:10,279 --> 01:14:12,280 He couldn't believe that my stuff was that good, 1466 01:14:12,281 --> 01:14:13,281 and the SEC ignored it. 1467 01:14:13,282 --> 01:14:14,449 He just couldn't fathom 1468 01:14:14,450 --> 01:14:16,117 how it could go over their heads like that. 1469 01:14:16,118 --> 01:14:18,119 He never figured it out, until... 1470 01:14:18,120 --> 01:14:21,789 I was very concerned to learn this week 1471 01:14:21,790 --> 01:14:25,626 that credible allegations about Mr. Madoff 1472 01:14:25,627 --> 01:14:29,130 had been made over nearly a decade 1473 01:14:29,131 --> 01:14:33,468 and yet never referred to the commission for action. 1474 01:14:33,469 --> 01:14:34,802 "Mea culpa. 1475 01:14:34,803 --> 01:14:36,137 "We had known about this case. 1476 01:14:36,138 --> 01:14:38,139 "We had credible and specific warnings 1477 01:14:38,140 --> 01:14:39,640 "for a period of at least a decade 1478 01:14:39,641 --> 01:14:41,142 "that we didn't pay any attention to. 1479 01:14:41,143 --> 01:14:42,477 "Our staff failed miserably. 1480 01:14:42,478 --> 01:14:44,687 "They never brought this to the commission's attention 1481 01:14:44,688 --> 01:14:46,230 "for any action. 1482 01:14:46,231 --> 01:14:48,065 "I've tasked the SEC's inspector general 1483 01:14:48,066 --> 01:14:50,067 to launch an immediate investigation." 1484 01:14:50,068 --> 01:14:52,069 And at that point, at that instant in time, 1485 01:14:52,070 --> 01:14:53,905 as soon as that was released, 1486 01:14:53,906 --> 01:14:56,157 The Wall Street Journal believed everything I said. 1487 01:15:00,204 --> 01:15:01,537 The press was relentless. 1488 01:15:01,538 --> 01:15:03,873 There was constant requests coming in. 1489 01:15:03,874 --> 01:15:05,208 And I just had to ignore them 1490 01:15:05,209 --> 01:15:07,877 because I was being invited to testify 1491 01:15:07,878 --> 01:15:10,713 before the House Capital Markets Subcommittee. 1492 01:15:10,714 --> 01:15:12,548 And I had already been told that I was, 1493 01:15:12,549 --> 01:15:14,550 and I'd gotten contacted by the SEC's IG. 1494 01:15:14,551 --> 01:15:18,221 We wanted to understand from his perspective 1495 01:15:18,222 --> 01:15:20,431 how his interactions with the SEC were. 1496 01:15:20,432 --> 01:15:22,350 "We want to make sure we get the accurate story. 1497 01:15:22,351 --> 01:15:23,643 Can you help us, Harry?" 1498 01:15:23,644 --> 01:15:25,645 I said, "Sure, Mr. Kotz, I'd be happy to help you." 1499 01:15:34,530 --> 01:15:37,532 The night that Bernie blew, my phone rang. 1500 01:15:38,867 --> 01:15:39,951 Beep! 1501 01:15:39,952 --> 01:15:41,118 Hey. Hi. 1502 01:15:41,119 --> 01:15:42,453 How you doing, Harry? 1503 01:15:42,454 --> 01:15:43,788 And he said, "Madoff blew. 1504 01:15:43,789 --> 01:15:45,623 "We were right. We're vindicated." 1505 01:15:45,624 --> 01:15:47,708 What? You're kidding me. 1506 01:15:47,709 --> 01:15:49,544 My second cell phone rings. 1507 01:15:49,545 --> 01:15:51,212 Hold on. My other line's ringing. 1508 01:15:51,213 --> 01:15:54,715 Hold on. 1509 01:15:54,716 --> 01:15:57,051 Michael, I got Harry on the other line. 1510 01:15:58,053 --> 01:15:59,554 Then my house phone rings, 1511 01:15:59,555 --> 01:16:01,722 and my wife says, "It's a business call. 1512 01:16:01,723 --> 01:16:04,559 And he won't identify himself." 1513 01:16:04,560 --> 01:16:06,894 And it was Abe. 1514 01:16:09,898 --> 01:16:13,901 And Abe said, "Are you talking to Harry?" 1515 01:16:13,902 --> 01:16:15,736 And I said, "Yes." 1516 01:16:15,737 --> 01:16:19,240 He says, "Well, first of all, I want to tell you guys, 1517 01:16:19,241 --> 01:16:20,575 "I want to thank you, 1518 01:16:20,576 --> 01:16:23,411 and I want you to convey this to Harry and Mike." 1519 01:16:23,412 --> 01:16:27,748 He says, "Thank you for your efforts for nine years. 1520 01:16:27,749 --> 01:16:29,917 "And thank you, personally, Frank, 1521 01:16:29,918 --> 01:16:31,919 for trying to save my butt." 1522 01:16:31,920 --> 01:16:33,921 I said, "Well, what happened, Abe?" 1523 01:16:33,922 --> 01:16:37,592 He said, "I read it to my father word for word, 1524 01:16:37,593 --> 01:16:39,427 my father-in-law." 1525 01:16:39,428 --> 01:16:43,431 And he said, "The man sat down, and he said, 1526 01:16:43,432 --> 01:16:45,933 "This is incredulous. 1527 01:16:45,934 --> 01:16:48,269 "I can't believe it. 1528 01:16:48,270 --> 01:16:50,271 "Bernie's been a friend for life. 1529 01:16:50,272 --> 01:16:51,606 "I don't believe it. 1530 01:16:51,607 --> 01:16:53,107 "I won't believe it. 1531 01:16:53,108 --> 01:16:56,110 "Bernie would never do this to us. 1532 01:16:56,111 --> 01:16:57,945 "Your guy has it wrong. 1533 01:16:57,946 --> 01:17:00,114 "He probably did his research, but he's off base. 1534 01:17:00,115 --> 01:17:01,616 He's wrong." 1535 01:17:01,617 --> 01:17:04,619 He says, "We just lost everything." 1536 01:17:04,620 --> 01:17:08,122 I said, "Abe, I'm so sorry." 1537 01:17:14,254 --> 01:17:15,755 Madoff is expected to plead guilty 1538 01:17:15,756 --> 01:17:19,800 to ripping off investors to the tune of $50 billion. 1539 01:17:21,595 --> 01:17:23,804 He surrendered because he had made too many enemies 1540 01:17:23,805 --> 01:17:25,264 in too many different countries. 1541 01:17:25,265 --> 01:17:27,099 To steal billions and billions of dollars, 1542 01:17:27,100 --> 01:17:29,769 it has to take a very special kind of person. 1543 01:17:29,770 --> 01:17:32,605 He had no place to run, no place to hide. 1544 01:17:32,606 --> 01:17:33,939 He'll never get it. 1545 01:17:33,940 --> 01:17:35,608 He really will never get it. 1546 01:17:35,609 --> 01:17:37,610 For him, it's all about money. 1547 01:17:42,532 --> 01:17:44,700 He didn't mount a defense in court. 1548 01:17:44,701 --> 01:17:47,203 He just copped a guilty plea. 1549 01:17:47,204 --> 01:17:50,039 And he went down without talking. 1550 01:17:55,420 --> 01:18:00,424 As the news came out, we were just overly shocked. 1551 01:18:00,425 --> 01:18:02,259 We never conceived that an investor 1552 01:18:02,260 --> 01:18:04,428 could come in directly to Madoff and invest. 1553 01:18:04,429 --> 01:18:06,430 That's just not the way Wall Street works. 1554 01:18:06,431 --> 01:18:08,432 Everybody's a victim of their training, 1555 01:18:08,433 --> 01:18:10,101 and we were institutionally trained. 1556 01:18:10,102 --> 01:18:11,602 And so we had blinders on, 1557 01:18:11,603 --> 01:18:13,771 and we totally missed the individual angle, totally. 1558 01:18:13,772 --> 01:18:15,606 Totally missed it. 1559 01:18:15,607 --> 01:18:19,402 These people typically went all in, 100%. 1560 01:18:19,403 --> 01:18:22,530 So the individual investors oftentimes just got wiped out. 1561 01:18:25,283 --> 01:18:29,537 Tens of thousands of victims were damaged beyond repair 1562 01:18:29,538 --> 01:18:31,038 for no other reason 1563 01:18:31,039 --> 01:18:32,873 than putting their trust in the wrong person. 1564 01:18:32,874 --> 01:18:36,210 The man had no need to take down charities. 1565 01:18:36,211 --> 01:18:39,213 He had no need to take down people. 1566 01:18:41,758 --> 01:18:44,593 And for that, the man ought to burn in hell. 1567 01:18:53,854 --> 01:18:57,898 And, of course, we came on a sad postscript. 1568 01:18:57,899 --> 01:19:01,777 After Bernie Madoff imploded... 1569 01:19:33,602 --> 01:19:36,437 Police discovered Rene Thierry Magon de la Villehuchet 1570 01:19:36,438 --> 01:19:39,356 dead in his Manhattan office early Tuesday. 1571 01:19:39,357 --> 01:19:40,858 7:00 in the morning, I believe, 1572 01:19:40,859 --> 01:19:42,359 an employee was not able to get in, 1573 01:19:42,360 --> 01:19:45,529 asked security to go up and open the door. 1574 01:19:45,530 --> 01:19:47,531 Security did go up and open the door, 1575 01:19:47,532 --> 01:19:50,701 and they found the man at his desk. 1576 01:19:50,702 --> 01:19:52,703 Police say he committed suicide, 1577 01:19:52,704 --> 01:19:54,205 They say both wrists were... 1578 01:19:54,206 --> 01:19:55,539 He took some painkillers. 1579 01:19:55,540 --> 01:19:56,791 He took a box cutter. 1580 01:19:56,792 --> 01:19:58,959 He cut his arms like this. 1581 01:19:58,960 --> 01:20:02,129 He stuck them into a trash can and bled out. 1582 01:20:02,130 --> 01:20:04,799 He wrote, apparently, a note that said, 1583 01:20:04,800 --> 01:20:08,135 "I understand that if you fail your friends, 1584 01:20:08,136 --> 01:20:12,139 your clients, then you must face the consequences." 1585 01:20:12,140 --> 01:20:14,475 It's out of fashion today, 1586 01:20:14,476 --> 01:20:16,268 but that's the way noble people go out. 1587 01:20:16,269 --> 01:20:19,855 And he made a horrible mistake, and it cost him his life. 1588 01:20:22,275 --> 01:20:26,111 I thought he committed suicide because he was wiped out. 1589 01:20:26,112 --> 01:20:29,615 I've come to find out 1590 01:20:29,616 --> 01:20:32,451 that that probably wasn't the reason. 1591 01:20:35,831 --> 01:20:39,333 We had warned Thierry and his senior staff, 1592 01:20:39,334 --> 01:20:41,001 and they ignored our repeated warnings, 1593 01:20:41,002 --> 01:20:42,169 and now we know why. 1594 01:20:46,383 --> 01:20:48,717 Bernie was paying top dollar for new victims, 1595 01:20:48,718 --> 01:20:51,387 and so he got lots of new victims. 1596 01:20:55,016 --> 01:20:56,684 If one believes that 1597 01:20:56,685 --> 01:20:58,519 it's an old man and a dog in a back room 1598 01:20:58,520 --> 01:21:03,190 that perpetrated this fraud, then they're very naive. 1599 01:21:03,191 --> 01:21:06,694 No man could build this empire alone. 1600 01:21:08,321 --> 01:21:11,824 He set up, effectively, an infrastructure 1601 01:21:11,825 --> 01:21:17,329 where people were doing all his dirty work for him. 1602 01:21:17,330 --> 01:21:18,831 And he had his capos, 1603 01:21:18,832 --> 01:21:21,375 and he had his lieutenants, and he had his soldiers. 1604 01:21:21,376 --> 01:21:23,210 And they were all out there in the feeder funds 1605 01:21:23,211 --> 01:21:24,837 and the fund of funds, doing his bidding. 1606 01:21:24,838 --> 01:21:27,172 There were multiple feeder funds set up, 1607 01:21:27,173 --> 01:21:30,342 not only in the U.S., all around the world. 1608 01:21:30,343 --> 01:21:31,719 They took the money, 1609 01:21:31,720 --> 01:21:33,679 and now they're trying to get away with the money, 1610 01:21:33,680 --> 01:21:35,347 and we shouldn't let them get away with it. 1611 01:21:35,348 --> 01:21:36,390 They need to be in prison. 1612 01:21:38,101 --> 01:21:40,269 The government's out there chasing terrorists, 1613 01:21:40,270 --> 01:21:42,104 and the financial terrorists are getting away 1614 01:21:42,105 --> 01:21:44,231 with financial murder. 1615 01:21:44,232 --> 01:21:46,567 I don't have billions of dollars. 1616 01:21:46,568 --> 01:21:48,235 I don't live in a mansion. 1617 01:21:48,236 --> 01:21:50,738 I don't own any property in the Bahamas. 1618 01:21:50,739 --> 01:21:53,073 And I'm like you. I am you. 1619 01:21:56,161 --> 01:21:57,870 'Cause they didn't just take money from us. 1620 01:21:57,871 --> 01:21:59,705 Bernie Madoff took away part of our real lives. 1621 01:21:59,706 --> 01:22:01,373 The plans, the hopes, the dreams 1622 01:22:01,374 --> 01:22:03,208 for what we were going to do in retirement 1623 01:22:03,209 --> 01:22:05,210 are shambles at this stage. 1624 01:22:05,211 --> 01:22:06,378 They'll never be recovered. 1625 01:22:06,379 --> 01:22:08,088 There's not enough time left. 1626 01:22:08,089 --> 01:22:10,424 If it happened to me, it could happen to you. 1627 01:22:10,425 --> 01:22:11,926 This all could have been stopped 1628 01:22:11,927 --> 01:22:13,761 if the Securities and the Exchange Commission 1629 01:22:13,762 --> 01:22:14,929 had done their job. 1630 01:22:14,930 --> 01:22:16,931 When you lose confidence in anything- 1631 01:22:16,932 --> 01:22:19,600 and God forbid we lose confidence in the U.S. dollar- 1632 01:22:19,601 --> 01:22:23,437 the repercussion is going to be horrendous. 1633 01:22:23,438 --> 01:22:26,357 We meet today to continue our review 1634 01:22:26,358 --> 01:22:29,193 of the $50-billion Ponzi scheme 1635 01:22:29,194 --> 01:22:32,446 allegedly perpetrated by Mr. Bernard Madoff. 1636 01:22:32,447 --> 01:22:35,783 And we are pleased to have Mr. Harry Markopolos. 1637 01:22:35,784 --> 01:22:37,034 I was pissed. 1638 01:22:37,035 --> 01:22:38,369 I was so angry at what they did. 1639 01:22:38,370 --> 01:22:40,204 I was eight and a half years their doormat, 1640 01:22:40,205 --> 01:22:41,789 and I finally get a chance to shoot back. 1641 01:22:41,790 --> 01:22:43,457 Well, hell, I'm gonna do a lot of shooting. 1642 01:22:43,458 --> 01:22:46,794 Mr. Markopolos, it's all yours. 1643 01:22:46,795 --> 01:22:48,629 Thank you, Mr. Chairman. 1644 01:22:48,630 --> 01:22:49,964 Good morning. 1645 01:22:49,965 --> 01:22:51,256 Thank you for inviting me here 1646 01:22:51,257 --> 01:22:53,092 to testify before your committee today 1647 01:22:53,093 --> 01:22:55,135 regarding my nine-year-long investigation 1648 01:22:55,136 --> 01:22:57,471 into the Madoff Ponzi scheme. 1649 01:22:57,472 --> 01:22:59,139 I gift wrapped and delivered 1650 01:22:59,140 --> 01:23:01,308 the largest Ponzi scheme in history to them, 1651 01:23:01,309 --> 01:23:03,477 and somehow they couldn't be bothered 1652 01:23:03,478 --> 01:23:05,813 to conduct a thorough and proper investigation 1653 01:23:05,814 --> 01:23:09,316 because they were too busy on matters of higher priority. 1654 01:23:09,317 --> 01:23:11,318 If a $50-billion Ponzi scheme 1655 01:23:11,319 --> 01:23:13,320 doesn't make the SEC's priority list 1656 01:23:13,321 --> 01:23:15,823 then I want to know who sets their priorities. 1657 01:23:15,824 --> 01:23:18,826 The current staff has led our nation's financial system 1658 01:23:18,827 --> 01:23:20,160 to the brink of collapse. 1659 01:23:20,161 --> 01:23:22,621 The SEC is also captive to the industry. 1660 01:23:22,622 --> 01:23:25,124 The SEC continues to roar like a mouse 1661 01:23:25,125 --> 01:23:26,792 and bite like a flea. 1662 01:23:26,793 --> 01:23:28,460 They haven't earned their paychecks, 1663 01:23:28,461 --> 01:23:29,795 and they need to be replaced. 1664 01:23:29,796 --> 01:23:31,296 This concludes my oral testimony. 1665 01:23:31,297 --> 01:23:32,923 Thank you, Mr. Chairman. 1666 01:23:32,924 --> 01:23:35,342 Thank you very much, Mr. Markopolos. 1667 01:23:35,343 --> 01:23:39,555 We're delighted with your willingness to come forward. 1668 01:23:39,556 --> 01:23:41,557 We thank you for that. 1669 01:23:41,558 --> 01:23:43,392 We want to work with you closely 1670 01:23:43,393 --> 01:23:46,395 as we move on toward regulatory reform. 1671 01:23:46,396 --> 01:23:48,397 I would like to just say, for the record, 1672 01:23:48,398 --> 01:23:52,026 that I see you as a modern-day Greek hero. 1673 01:23:52,027 --> 01:23:54,945 You've done your country a great service. 1674 01:23:54,946 --> 01:23:56,405 Thank you, Mr. Chairman. 1675 01:23:56,406 --> 01:23:57,990 It's been a singular honor. Thank you. 1676 01:23:57,991 --> 01:23:59,491 Thank you very much. 1677 01:24:00,577 --> 01:24:02,244 Well, the goal was to tear down the SEC 1678 01:24:02,245 --> 01:24:03,579 and take them to the lowest point 1679 01:24:03,580 --> 01:24:04,747 in their 75-year history 1680 01:24:04,748 --> 01:24:06,081 so that they could rebuild. 1681 01:24:06,082 --> 01:24:07,916 So, yeah, I wanted to hold the SEC accountable. 1682 01:24:07,917 --> 01:24:09,084 I was damn angry. 1683 01:24:09,085 --> 01:24:10,919 I wanted to make that clear to that agency, 1684 01:24:10,920 --> 01:24:13,047 that they were a total, miserable failure. 1685 01:24:13,048 --> 01:24:15,215 In the SEC, I don't think 1686 01:24:15,216 --> 01:24:18,886 anybody's been held accountable personally there. 1687 01:24:18,887 --> 01:24:21,889 Several people have been allowed to resign. 1688 01:24:21,890 --> 01:24:23,265 I think that wasn't good enough. 1689 01:24:23,266 --> 01:24:26,143 I think they should have been fired and disgraced. 1690 01:24:26,144 --> 01:24:28,979 They are systemically incompetent, 1691 01:24:28,980 --> 01:24:31,815 not qualified to hold those jobs. 1692 01:24:33,985 --> 01:24:36,820 And the SEC was really mad. 1693 01:24:36,821 --> 01:24:43,327 Lots of crooks that are gonna be under arrested in the SEC. 1694 01:24:43,328 --> 01:24:45,829 They're not sure what to make of it. 1695 01:24:45,830 --> 01:24:48,999 The twins think that Madoff was a bank robber 1696 01:24:49,000 --> 01:24:51,668 and I stopped him and I caught him, 1697 01:24:51,669 --> 01:24:53,504 which is not what happened. 1698 01:24:53,505 --> 01:24:56,673 And-but that's what a six-year-old understands. 1699 01:24:56,674 --> 01:24:58,842 My dad is my hero. 1700 01:24:58,843 --> 01:25:00,844 And they see people come up to me in restaurants 1701 01:25:00,845 --> 01:25:03,013 and shake my hand and tell me that I'm a hero, 1702 01:25:03,014 --> 01:25:05,015 which... 1703 01:25:05,016 --> 01:25:06,600 I'm no hero. 1704 01:25:06,601 --> 01:25:10,104 So they're not sure what to make of it. 1705 01:25:12,982 --> 01:25:14,983 I don't compare very well to Spider-Man, 1706 01:25:14,984 --> 01:25:17,486 who they really love. 1707 01:25:17,487 --> 01:25:20,489 So I think 10, 15 years down the road, 1708 01:25:20,490 --> 01:25:22,324 they'll understand. 1709 01:25:31,292 --> 01:25:34,294 Today we're in Las Vegas 1710 01:25:34,295 --> 01:25:36,964 for the Association of Certified Fraud Examiner's 1711 01:25:36,965 --> 01:25:39,174 20th Annual Fraud Conference. 1712 01:25:41,886 --> 01:25:47,391 And it is the premier event of the year for fraud examiners. 1713 01:25:54,816 --> 01:25:56,316 Each annual conference, 1714 01:25:56,317 --> 01:26:00,487 our CFE of the Year award is presented to a CFE 1715 01:26:00,488 --> 01:26:03,323 who has demonstrated outstanding achievement 1716 01:26:03,324 --> 01:26:05,325 in the field of fraud examination. 1717 01:26:07,871 --> 01:26:12,541 He's receiving this award because he has demonstrated 1718 01:26:12,542 --> 01:26:16,378 the character, the quality that we expect 1719 01:26:16,379 --> 01:26:18,505 out of a certified fraud examiner. 1720 01:26:21,551 --> 01:26:26,889 To say he was the obvious choice is an understatement. 1721 01:26:30,768 --> 01:26:31,935 Ladies and gentlemen, 1722 01:26:31,936 --> 01:26:33,437 it is my privilege to present to you 1723 01:26:33,438 --> 01:26:35,647 Mr. Harry Markopolos. 1724 01:26:52,415 --> 01:26:54,917 I feel that I'm a $65-billion failure. 1725 01:26:54,918 --> 01:26:58,086 My name is next to that failure. 1726 01:26:58,087 --> 01:27:00,422 It's a bit harsh, but it's true. 1727 01:27:00,423 --> 01:27:02,591 We didn't save anybody. 1728 01:27:04,427 --> 01:27:06,929 I think part of the reason he takes it personally is, 1729 01:27:06,930 --> 01:27:11,934 he tried so hard for so long. 1730 01:27:11,935 --> 01:27:14,937 I mean, I don't know what else Harry could have done. 1731 01:27:18,566 --> 01:27:20,525 You know, I feel like a fraud getting this award. 1732 01:27:20,526 --> 01:27:22,236 I just don't think I'm worthy. 1733 01:27:24,239 --> 01:27:26,406 I was pretty depressed. 1734 01:27:26,407 --> 01:27:29,493 I mean, this was the largest case in history. 1735 01:27:34,707 --> 01:27:37,709 It was nothing but a massive failure. 1736 01:27:39,921 --> 01:27:42,839 I was holding myself responsible. 1737 01:27:48,429 --> 01:27:50,264 People call you a hero. I just don't like that. 1738 01:27:50,265 --> 01:27:52,432 I just feel if you're doing what you're supposed to do, 1739 01:27:52,433 --> 01:27:54,434 that's your duty. 133630

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