Bernie's prepared statement in Court, below, had two purposes.
The first was to take full ownership of the fraud. He could not say the words I and my any more often without corrupting the English language, and indeed, tosses in a few extras even where they are not needed to make the sentence do its job.
The second was to make the point that other assets of his family should be left to them, and not wiped out to repay his victims: He believes their paychecks, and thus the stuff they own today, were funded by profits from what he suggests is the clean side of his business. His companies were two entirely separate operations, he contends, to protect his sons' homes and stuff.
Bernard Madoff's prepared statement, delivered Thursday in U.S. District Court in New York:
Your
Honor, for many years up until my arrest on December 11, 2008, I
operated a Ponzi scheme through the investment advisory side of my
business, Bernard L. Madoff Securities LLC, which was located here in
Manhattan, New York at 885 Third Avenue. I am actually grateful for
this first opportunity to publicly speak about my crimes, for which I
am so deeply sorry and ashamed. As I engaged in my fraud, I knew what I
was doing was wrong, indeed criminal. When I began the Ponzi scheme I
believed it would end shortly and I would be able to extricate myself
and my clients from the scheme. However, this proved difficult, and
ultimately impossible, and as the years went by I realized that my
arrest and this day would inevitably come. I am painfully aware that I
have deeply hurt many, many people, including the members of my family,
my closest friends, business associates and the thousands of clients
who gave me their money. I cannot adequately express how sorry I am for
what I have done. I am here today to accept responsibility for my
crimes by pleading guilty and, with this plea allocution, explain the
means by which I carried out and concealed my fraud.
The essence
of my scheme was that I represented to clients and prospective clients
who wished to open investment advisory and individual trading accounts
with me that I would invest their money in shares of common stock,
options and other securities of large well-known corporations, and upon
request, would return to them their profits and principal. Those
representations were false because for many years up and until I was
arrested on December 11, 2008, I never invested those funds in the
securities, as I had promised. Instead, those funds were deposited in a
bank account at Chase Manhattan Bank. When clients wished to receive
the profits they believed they had earned with me or to redeem their
principal, I used the money in the Chase Manhattan bank account that
belonged to them or other clients to pay the requested funds. The
victims of my scheme included individuals, charitable organizations,
trusts, pension funds and hedge funds. Among other means, I obtained
their funds through interstate wire transfers they sent from financial
institutions located outside New York State to the bank account of my
investment advisory business, located here in Manhattan, New York and
through mailings delivered by the United States Postal Service and
private interstate carriers to my firm here in Manhattan.
I want
to emphasize today that while my investment advisory business -- the
vehicle of my wrongdoing -- was part of my firm Bernard L. Madoff
Securities, the other businesses my firm engaged in, proprietary
trading and market making, were legitimate, profitable and successful
in all respects. Those businesses were managed by my brother and two
sons.
To the best of my recollection, my fraud began in
the early 1990s. At that time, the country was in a recession and this
posed a problem for investments in the securities markets.
Nevertheless, I had received investment commitments from certain
institutional clients and understood that those clients, like all
professional investors, expected to see their investments out-perform
the market. While I never promised a specific rate of return to any
client, I felt compelled to satisfy my clients' expectations, at any
cost. I therefore claimed that I employed an investment strategy I had
developed, called a "split strike conversion strategy," to falsely give
the appearance to clients that I had achieved the results I believed
they expected.
Through the split-strike conversion strategy, I
promised to clients and prospective clients that client funds would be
invested in a basket of common stocks within the Standard & Poor's
100 Index, a collection of the 100 largest publicly traded companies in
terms of their market capitalization. I promised that I would select a
basket of stocks that would closely mimic the price movements of the
Standard & Poor's 100 Index. I promised that I would
opportunistically time these purchases and would be out of the market
intermittently, investing client funds during these periods in United
States Government-issued securities such as United States Treasury
bills. In addition, I promised that as part of the split strike
conversion strategy, I would hedge the investments I made in the basket
of common stocks by using client funds to buy and sell option contracts
related to those stocks, thereby limiting potential client losses
caused by unpredictable changes in stock prices. In fact, I never made
the investments I promised clients, who believed they were invested
with me in the split strike conversion strategy.
To conceal my
fraud, I misrepresented to clients, employees and others, that I
purchased securities for clients in overseas markets. Indeed, when the
United States Securities and Exchange Commission asked me to testify as
part of an investigation they were conducting about my investment
advisory business, I knowingly gave false testimony under oath to the
staff of the SEC on May 19, 2006 that I executed trades of common stock
on behalf of my investment advisory clients and that I purchased and
sold the equities that were part of my investment strategy in European
markets. In that session with the SEC, which took place here in
Manhattan, New York, I also knowingly gave false testimony under oath
that I had executed options contracts on behalf of my investment
advisory clients and that my firm had custody of the assets managed on
behalf of my investment advisory clients.
To further cover-up the
fact that I had not executed trades on behalf of my investment advisory
clients, I knowingly caused false trading confirmations and client
account statements that reflected the bogus transactions and positions
to be created and sent to clients purportedly involved in the split
strike conversion strategy, as well as other individual clients I
defrauded who believed they had invested in securities through me. The
clients receiving trade confirmations and account statements had no way
of knowing by reviewing these documents that I had never engaged in the
transactions represented on the statements and confirmations. I knew
those false confirmations and account statements would be and were sent
to clients through the U.S. mails from my office here in Manhattan.
Another way that I concealed my fraud was through
the filing of false and misleading certified audit reports and
financial statements with the SEC. I knew that these audit reports and
financial statements were false and that they would also be sent to
clients. These reports, which were prepared here in the Southern
District of New York, among things, falsely reflected my firm's
liabilities as a result of my intentional failure to purchase
securities on behalf of my advisory clients.
Similarly, when I
recently caused my firm in 2006 to register as an investment advisor
with the SEC, I subsequently filed with the SEC a document called a
Form ADV Uniform Application for Investment Adviser Registration. On
this form, I intentionally and falsely certified under penalty of
perjury that Bernard L. Madoff Investment and Securities had custody of
my advisory clients' securities. That was not true and I knew it when I
completed and filed the form with the SEC, which I did from my office
on the 17th floor of 855 Third Avenue, here in Manhattan.
In more
recent years, I used yet another method to conceal my fraud. I wired
money between the United States and the United Kingdom to make it
appear as though there were actual securities transactions executed on
behalf of my investment advisory clients. Specifically, I had money
transferred from the U.S. bank account of my investment advisory
business to the London bank account of Madoff Securities International
Ltd., a United Kingdom corporation that was an affiliate of my business
in New York. Madoff Securities International Ltd. was principally
engaged in proprietary trading and was a legitimate, honestly run and
operated business.
Nevertheless, to support my false claim that I
purchased and sold securities for my investment advisory clients in
European markets, I caused money from the bank account of my fraudulent
advisory business, located here in Manhattan, to be wire transferred to
the London bank account of Madoff Securities International Limited.
There
were also times in recent years when I had money, which had originated
in the New York Chase Manhattan bank account of my investment advisory
business, transferred from the London bank account of Madoff Securities
International Ltd. to the Bank of New York operating bank account of my
firm's legitimate proprietary and market making business. That Bank of
New York account was located in New York. I did this as a way of
ensuring that the expenses associated with the operation of the
fraudulent investment advisory business would not be paid from the
operations of the legitimate proprietary trading and market making
businesses.
In connection with the purported trades, I caused the
fraudulent investment advisory side of my business to charge the
investment advisory clients $0.04 per share as a commission. At times
in the last few years, these commissions were transferred from Chase
Manhattan bank account of the fraudulent investment advisory side of my
firm to the account at the Bank of New York, which was the operating
account for the legitimate side of Bernard L. Madoff Investment
Securities -- the proprietary trading and market making side of my
firm. I did this to ensure that the expenses associated with the
operation of my fraudulent investment advisory business would not be
paid from the operations of the legitimate proprietary trading and
market making businesses. It is my belief that the salaries and bonuses
of the personnel involved in the operation of the legitimate side of
Bernard L. Madoff Investment Securities were funded by the operations
of the firm's successful proprietary trading and market making
businesses.
Your Honor, I hope I have conveyed with some
particularity in my own words, the crimes I committed and the means by
which I committed them. Thank you.