Website logo Illustration

The magic of the Madoff case

With the announcement of Bernard Madoff's death, many countries around the world, including Brazil, have published reports and good articles on the antics of the scheme that harmed renowned individuals and foundations all over the planet, calculating an estimated loss of 65 billion dollars (17.5 billion confirmed). There are those dedicated to explaining the workings of the pyramid in minute detail; there are those that exuberantly show the profile of its most famous victims. There are also series and feature films that fictionalize the facts and even an (almost complete) list of those who have believed their hoaxes, which can be checked name by name on Wikipedia. A second wave of texts, also interesting, reveals the psychology of those who fell for the scam. The articles issue warnings, show examples and hint at the typical modus operandi of the probable scams available on the market. On this subject, I want to present the point of view of those who were actually in the eye of the hurricane, I want to look at it from the point of view of the Brazilians who were harmed by Madoff Investment Securities LLC and the companies that represented it in various countries, including ours. Another fundamental scale of the damage is the estimated 3 million people severely harmed by the pyramid. To understand what happened, it is necessary to accept the human condition of being influenced by financial market illusionists, which only exists in a permissive environment, where forms of surveillance are loosened by poorly designed regulations. In general, the financial market is subject to very clear rules about what can and cannot be done, and especially by whom. Many fraudsters claim to have lost money in risky activities when in fact it was fraud. Beware. When making investments, there is a whole raft of procedures for checking the suitability of the financial agent, in addition to the market watchdogs, such as the SEC in the United States, ESMA in the European Union and the CVM in Brazil. A good example that we can illustrate is the processes at the CVM. According to the newspaper Valor Econômico, when a target is not met at the CVM, the area responsible has to justify itself. Data shows that 382 cases were judged between 2016 and 2020, out of a total of 271 accusations, of which only 74% generated some kind of penalty - fines predominated in 76% of them. But there were also disqualifications, suspensions, bans or warnings. Acquittals accounted for 26% of the total. If the real financial market draws its strength from the hard work of agents who work to guarantee decent profit margins for those who entrust their funds, we unfortunately have to live with those who develop techniques to deceive with tricks that rely on the speed and agility of arguments. They present exceptional gains obtained by those who have made investments in an exclusive, wonderful place, open only to people like those covered in this story. Madoff and the network of companies that colluded with him formed the most insidious type of fraudster, whether it was the way in which the illicit advantage was obtained or the way in which the losses were caused. In the work I did before the courts in New York, Luxembourg, Geneva, among others, in partnership with local offices, one of the most important tasks was to demonstrate the verifiable losses and the lawfulness of the origin of the funds. Bernie's magic pyramid has shown that many ordinary investors are distanced from their investments. Being aware of the structures invested in is fundamental to taking extra care. Other "Madoffs" are out there. It's important to watch out for unrealistic gains from anything. There are many magicians on the market, but - unfortunately - there is no such thing as magic. What does exist is a lot of care, work and patience. *Pierre Moreau, of Moreau Valverde Advogados https://politica.estadao.com.br/blogs/fausto-macedo/a-magica-do-caso-madoff/