The University of Texas School of Law 2009 Page Keeton Civil Litigation Conference October 29-30, 2009 Austin, Texas Anatomy of a Financial Fraud: Madoff, Stanford, and the $100 Billion Shell Game Stephen F. Malouf Stephen F. Malouf The Law Offices of Stephen F. Malouf, P.C. 3811 Turtle Creek Blvd., Suite 1600 Dallas, Texas 75219 (214) 969-7373
[email protected] Continuing Legal Education • 512-475-6700 • www.utcle.org Anatomy of a Financial Fraud: Madoff, Stanford, and the $100 Billion Shell Game I. INTRODUCTION On December 11, 2008, FBI Special Agent Theodore Cacioppi met with Bernard Madoff at Madoff’s apartment in New York. after the FBI was informed by certain Madoff employees that Madoff had confessed to them that “in substance, ...his investment advisory business was a fraud.”1 According to Cacioppi: After identifying myself, MADOFF invited me, and the FBI agent who accompanied me, into his apartment. He acknowledged knowing why we were there. After I stated, “we're here to find out if there's an innocent explanation." MADOFF stated, “There is no innocent explanation." MADOFF stated, in substance, that he had personally traded and lost money for institutional clients, and that it was all his fault. MADOFF further 'stated, in substance, that he ~paid investors with money that wasn't there." MADOFF also said that he was “broke" and "insolvent" and that he had decided that “it could not go on," and that he expected to go to jail. MADOFF also stated that he had recently admitted what he had done to Senior Employee Nos.