No One Would Listen: A True Financial Thriller
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About this ebook
No One Would Listen is the thrilling story of how the Harry Markopolos, a little-known number cruncher from a Boston equity derivatives firm, and his investigative team uncovered Bernie Madoff's scam years before it made headlines, and how they desperately tried to warn the government, the industry, and the financial press.
Page by page, Markopolos details his pursuit of the greatest financial criminal in history, and reveals the massive fraud, governmental incompetence, and criminal collusion that has changed thousands of lives forever-as well as the world's financial system.
- The only book to tell the story of Madoff's scam and the SEC's failings by those who saw both first hand
- Describes how Madoff was enabled by investors and fiduciaries alike
- Discusses how the SEC missed the red flags raised by Markopolos
Despite repeated written and verbal warnings to the SEC by Harry Markopolos, Bernie Madoff was allowed to continue his operations. No One Would Listen paints a vivid portrait of Markopolos and his determined team of financial sleuths, and what impact Madoff's scam will have on financial markets and regulation for decades to come.
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Reviews for No One Would Listen
87 ratings12 reviews
- Rating: 4 out of 5 stars4/5A sad story of fraud and incompetence in the financial services industry (including the SEC, other regulators, and financial firms) that deserves telling. Harry gets a gold star for persistence, quantitative and detective skills. Many fraud stories are primarily about what a few people did wrong. This book is focused on the back story and how the regulators couldn't figure out a neat (but complicated) package dropped in their lap. The lack of competence of the SEC should be discouraging to everyone.
- Rating: 5 out of 5 stars5/5In December 2008, Bernie Madoff, one of the most respected figures on Wall Street, co-founder and former president of NASDAQ, confessed to running the largest Ponzi scheme in history. On the heels of that revelation, we learned that this fraud had been going on for decades, and then that it was international in reach.
We also learned that there had been a whistleblower, who had warned the SEC a decade earlier, and when he was ignored had continued to investigate, and made additional filings, with additional and more complete information, including the growing size of the fraud.
That whistleblower was Harry Markopolos, and this is his story.
Markopolos was working in an investment firm as a quantitative analyst when a colleague mentioned Bernie Madoff and his unusually consistent and profitable returns on investments. They quickly concluded that Madoff's returns were impossible, and the only question was whether he was running a Ponzi scheme or engaging in "front trading"; using the information on stock trading available to him from his stockbroker business to do trades for his money management business beforehand, benefiting from the knowledge of the effect the other trades would have on the market.
Then they began to uncover the number of feeder funds channeling money into Madoff's care and management. At the time that Markopolos filed his first complaint with the SEC, he and his small crew of friends and helpers estimated the size of his "invested" funds at between three and seven billion dollars--an amount that would have moved the market if Madoff were really making those trades. By the time the 2008 financial crisis forced Madoff's Ponzi scheme into collapse, they estimated the size of his scheme at fifty billion dollars. What they didn't know until more and more of Madoff's victims came forward was that he was also accepting funds directly from individuals, and perhaps as much as $65 billion was involved, and perhaps as many as a million people around the world had suffered major losses, even the loss of everything they owned.
In crisp, clear terms, Markopolos tells the story of how he discovered Madoff's fraud, uncovered the size of it, and repeatedly tried to get the SEC to investigate and shut Madoff down. We see how many people had some understanding that Madoff's returns couldn't be real, but who ignored it because he was so respected, or so big, or, even worse, because his returns were so good. We see Markopolos' growing strain, eventually causing him to leave the financial industry and become a full-time fraud investigator, as well as the effects on the other members of his team. We also see the tragic effects on Madoff's victims and those in the industry who really believed that Madoff couldn't possibly be committing fraud.
Most importantly for the country as a whole, those of us who were not directly affected by Madoff's fraud, we see the incompetence and indolence of the SEC in the face of detailed, compelling, credible information that one of the major players on Wall Street was running a massive fraud. We thought the SEC was protecting us when we invested, and it wasn't. We were utterly without protection. New laws and regulations have been enacted, but there are efforts to roll those back, on the theory that the industry can regulate itself. The Madoff story, taken together with the other frauds, crimes, and reckless gambles that created the 2008 financial crisis and the current Great Recession, prove that it can't.
This is a moving, compelling story, but also an incredibly important one.
Highly recommended.
I borrowed this book from a friend. - Rating: 4 out of 5 stars4/5Either Markopolos is a good writer or he had a great ghost, because this was a much better read than I expected it to be. Could have used fewer "The SEC couldn't find ice cream in a Dairy Queen" metaphors but otherwise a compelling story, well-told.
- Rating: 2 out of 5 stars2/5You can’t really criticize Harry Markopolos. He was right. He had spotted something wrong with Bernie Madoff years before the biggest Ponzi scheme collapsed. Unlike many others, Markopolos contacted the Securities and Exchange Commission about his suspicions. They ignored him. Markopolos went to the press, but no meaningful article came of it.
When Madoff’s scheme collapsed and he turned himself in, Markopolos became lauded by the press, testified in Congress about the failings of the SEC, and was even offered the job of Chairman of the SEC by an ill-informed Congressman. No One Would Listen is another step in the Markopolos victory lap.
He celebrates his brilliance in discovering the fraud and the incompetence of the SEC for not stopping it. He fills his attacks with similes:
“His returns were as reliable as the swallow returning to Capistrano.”
“As I continued examining the numbers, the problems with them began popping out as clearly as a red wagon in a field of snow.”
Markopolos lays out how he first ran into Madoff and the years he spent trying to figure out how Madoff was generating his returns. Eventually, he came to the conclusion that he couldn’t do it. Since Madoff ran a big trading organization, he could have been front-running orders to generate illicit profits. Effectively, he would be stealing from his brokerage customers and giving it to his money management operations.
The other likely possibility was that Madoff was making up his returns and using new funds coming in to redeem those leaving. Markopolos could not find any footprints of Madoff’s split-strike trading strategy. There didn’t seem to be enough options traded on the markets to support the amount Madoff had under management.
I think it’s important to see why Markopolos was focused on Madoff. The principals at his firm wanted him to reverse engineer Madoff strategy so they could offer a similar product to their clients. Markopolos could not figure out how Madoff was generating his steady returns. He first contacted the SEC as a way to get his boss off his back. If he could prove Madoff was a fraud, his boss would quit demanding that Markopolos duplicate the Madoff strategy.
Markopolos starts off No One Would Listen by stating that he made five separate submissions to the Securities and Exchange Commission over a nine-year period. So far, I’ve only seen one, his December 22, 2005 letter. Frankly, I found the letter to be a rambling, half-coherent diatribe. It was penned by a competitor who couldn’t figure out the trading strategy of the legendary Bernie Madoff, the founder of NASDAQ.
As Chris MacDonald notes “Markopolos is a bit of a strange cat. He’s a likeable guy, and apparently a man of integrity, but also a bit paranoid-sounding.” (He had seen the new movie, Chasing Madoff, based on the book.)
Clearly the SEC was unable to stop Madoff. Was it their fault? Yes. They relied on the well-established credentials of Madoff and dismissed the paranoid ramblings of an eccentric analyst. Markopolos’s barbs against the SEC are over-the-top and eventually got distracting. On top of that, I was often distracted by his misuse of “principle” instead of “principal” in the book. You would think that a financial analyst would know the difference. - Rating: 4 out of 5 stars4/5Strangely, I've done a few reviews at LT and never before had the conscious feeling while reading the book of thinking about reviewing and rating it. I was pretty well aware of the Bernie Madoff story and how Harry Markopolos fit into it before I read the book.
While reading the book I thought that it could have been shorter and a bit less repetitive (the material about fearing for his life, e.g.). I also had a mental image of SEC people reacting to Markopolos personally in a negative manner. Markopolos may well be a nice guy but I'd bet that he was very intense; I would have been considering the circumstances. The book wasn't particularly well written and could have used a good editor.
All that said, the story is an extremely important one. The folly at the SEC is deserving of study and contemplation of their ineptness and corrective action. The gullibility of investors was extreme and the general acceptance of stuff at face value from someone belonging to the same group as the investor (religious, ethnic, geographic, etc) astounds me and seems to happen regularly, although not in this scale.
Bottom line, the story is a five, the writing is a two, so the difference is split. If you are in the financial arena or a trusting soul with regard to financial matters that matter to you, read the book. A smattering of cynicism is a good thing. - Rating: 2 out of 5 stars2/5Guy is nuts, but his diagnosis is not that far off base.
- Rating: 4 out of 5 stars4/5Markopolos suggests that the SEC ignored his warnings in part because they didn't like him. After reading his book, I agree with that assessment. Markopolos does sound like a dick. But he also gave some easy ways to check whether his accusations were right. For example, the SEC (or investors, or anyone familiar with the markets) could have compared the fund statements Madoff produced to actual trading records to see if trades actually happened. The SEC debated doing just that, but decided it would take too long, so they relied instead on Madoff's words and his track record. A shocking lapse, with tragic results. Anyway, although Markopolos isn't all that likable, his book sure is entertaining.
- Rating: 5 out of 5 stars5/5Bernie Madoff has gone down in the history as the man behind the world's largest known Ponzi scheme. When his scheme collapsed following the market crisis of 2008, hundreds of investors lost their savings with the total loss estimated at being in excess of $50 billion.
The truly shocking part of this story is that this terrible loss could have been mitigated - if the Securities Exchange Commission had heeded the warnings of Harry Markopolos. In the years preceding the collapse, Markopolos had filed no fewer than 5 complaints against Madoff, all of which had been lost or ignored by the SEC watchdog. It is tragic to read of Markopolos' repeated efforts to bring this to the attention of the authorities and the mind boggles at how all these red flags could have been ignored.
Markopolos does tell an intriguing and well-written story. However, I must admit that it is rare to read a book where I've actively disliked the author. Markopolos has a strong character (stubbornness is especially obvious) and I can see how individuals in authority might have taken a dislike to this man. But when fraud on such a massive scale is being alleged, personal likes and dislikes should not come into the picture.
Markopolos' revelations led to him testifying in front of government and has triggered a review of staffing and procedures at the SEC. His work has led to significant change and it cannot be underestimated. Read this story and marvel at a tale of ineptitude and dedication. - Rating: 4 out of 5 stars4/5Cassandra was a beautiful Trojan princess who Apollo blessed with powers of clairvoyance but, when she rebuffed him, he cursed her by ensuring no-one would believe anything she said. Thus, her admonitions about the fall of Troy (it may have been she who warned "beware of Greeks bearing gifts") fell on deaf ears and, as Wikipedia beautifully puts it, her "combination of deep understanding and powerlessness exemplify the tragic condition of humankind". I dare say Harry Markopolos, the Boston quant who repeatedly alerted authorities to Bernie Madoff's Ponzi scheme for almost a decade before it finally fire-balled, knows how Cassandra felt. This is his recounting of his whole grisly story. At that level, this is a fascinating account of a genuinely Greek tragedy - irony intended - which contains exactly the elements of Cassandra's tale (except, perhaps, the unbearable beauty: the author's publicity photos capture an ungainly, if not altogether unlikely, figure doing his best to look resolute and loyal in front of the Stars and Stripes). Harry Markopolos was possessed not just of vague discomforts that, after the event, a know-it-all windbag might use to claim fore-knowledge: quite to the contrary, he identified, in gruesome and glaring detail, that Bernie Madoff was necessarily running a Ponzi scheme, precisely why, precisely how, helpfully suggested some precise and simple measures by which an investigating authority could cheaply verify his allegations (as simple as "ask to see his transaction confirmations"), and he sent this, in writing, to the Securities and Exchange Commission about five times over the course of a decade. That is remarkable enough a story, and Mr. Markopolos deserves your money to tell his story for that service alone. While we might shake our heads in wonder at how this could happen, we also might harbour some suspicions: Markopolos was from an unfashionable firm based in unfashionable Boston under the jurisdiction of the unfashionable Boston branch of the SEC; he seems an unfashionable chap prone to unfashionable conspiracy theory: none of this can have helped his credibility. But neither that nor the fact that the SEC is understaffed, underskilled and over-populated with financially illiterate lawyers (all certainly true) comes close to explaining why Markopolos' warnings were systematically ignored. If you read Markopolos' submission to the SEC from 2005, which is appended to the text, you will recognise that one didn't need to be an expert on split-strike conversion strategies to understand something must have been dreadfully wrong with Madoff's operation. Yet while these shortcomings are not good answers, they are the best Markopolos can offer (and, in from position, can be expected to offer). For all the studied outrage he marshals (if ever there were a dictionary definition of "studied outrage" this is it) throughout this entertaining and readable book, Markopolos seems satisfied this is just a case of good, old-fashioned, thorough incompetence. The system itself is conceptually ok; it's just some significant parts of it (such as the SEC) happened not to be fit for purpose. Hire a few more financially literate analysts, and fire a few lawyers, and all will be well. That doesn't sound like a plausible answer to me. Anomalies, in the sense depicted in scientific literature, are fleeting imbalances; momentary disruptions in the established order of things which are gone so quickly so as to not be reliably measurable, and thus incapable of falsifying existing orthodoxy. Anomalies are the sort of things that are characterised by platitudes such as "stuff happens" or "the exception that proves the rule". A fifteen-year, 50 billion dollar fraud involving one of the most respected men in the industry, publicly trailed by magazine articles and a privately prosecuted by the concerted, detailed, and relentless efforts of a small group of professionals is no such anomaly. It simply isn't credible to put this down to an unfortunate confluence of improbable human errors. The collective failure to see Madoff for what he was feels like a symptom of something much wider and more fundamental. That feeling is augmented by other recent "anomalies": Nick Leeson; Long Term Capital Management; Enron; Amaranth; the Dot-Com bust; Jerome Kerviel; Lehman; AIG. By and large these anomalies went on, in full public view, for years. Are these really anomalies? That, in the vernacular, is the elephant in the room. In focussing on the minutiae of the Madoff investigation - and you can't really blame Markopolos for doing that; it's what he knows - "No-one Would Listen" doesn't ask, let alone answer, that important question: what is it structurally, systemically, even sociologically about our financial system that can allow these "anomalies" to happen for more than an instant? That they can recur suggests strongly that we have a paradigm in crisis; that something about our set of assumptions and parameters; something really fundamental about the way we we currently, collectively look at the financial world, is utterly misconceived. The book that identifies this error, sure to be a ground shaker, is yet to be written. This one simply entertains. Markopolos is particularly scathing of the SEC. Its astoundingly poorly judged appearance before Congress, in which its general counsel attempted to plead executive immunity - from having to testify before a branch of the executive - must be seen to be believed (and can be, on YouTube). Yet underlying the solid good sense and analysis lurks a grandstanding conspiracy theorist and this does undermine his credibility to some extent. Markopolos repeatedly mentions checking beneath his car for explosives, the risk he took from organised crime and terrorist cells who might have invested in Madoff (none has been reported, and while I guess you wouldn't expect it, it still doesn't make Markopolos' allegation justified). That said, this book is worth your time and money to read, if nothing else as a salutary lesson.
- Rating: 4 out of 5 stars4/5An interesting book in which a group of financial derivatives specialists centred around Harry Markopolos stumbled in the fact that the Madoff company must be falsifying performance data on their investment fund.
Markopolos raised a series of red flags in a detailed 2005 submission to the S.E.C. (Securities and Exchange Commission) strongly suggesting that Madoff Securities was a Ponzi scheme, and continued to visit and make submissions to them until all it would have required on their part would have been a few telephone calls and half an hour on a Bloomberg terminal. However, they resolutely refused to investigate while investors lost a further $40 billion because the SEC staff of lawyers and recent graduates lacked the experience or training to investigate financial crime.
A few institutional investors did complete due diligence on Madoff and decided not to place money with him. Caveat Emptor. - Rating: 4 out of 5 stars4/5An engrossing read by the guy who discovered Madoff back in 1999 and for whom he became a ten year obsession.
- Rating: 4 out of 5 stars4/5Good first person account by the quant who identified Bernie Madoff's ponzi scheme in 1999 and his attempts to get the SEC to act. He exposes the SEC as an ineffective watchdog agency that had it acted in shutting Madoff down in 1999 could have prevented at least the $43 billion that was invested between 1999 and 2008 when Madoff turned himself in.
Book preview
No One Would Listen - Harry Markopolos
Introduction
On the rainy afternoon of June 17, 2009, David Kotz sat patiently in a small room with a single barred window at the Metropolitan Correction Center, a prison in lower Manhattan, waiting to interview Bernard Madoff, the mastermind behind the greatest financial crime in history. Kotz, the Securities and Exchange Commission (SEC) inspector general, was investigating the total failure of his agency to expose Madoff’s $65 billion Ponzi scheme—even after I’d warned the SEC about it in five separate submissions over a nine-year period.
Kotz and his deputy, Noelle Frangipane, sat across from an empty chair, and on either side of it sat Madoff’s two attorneys, Ira Lee Sorkin and Nicole DeBello. Eventually Madoff was escorted into the room by a guard, who carefully unlocked and removed his handcuffs. Bernie Madoff had been a king of the financial industry, the widely respected cofounder and former chairman of NASDAQ, the owner of one of Wall Street’s most successful broker-dealers, and a prominent New York philanthropist. Now, wearing a bright orange prison jumpsuit that glared against the drab gray walls of the room, he sat down between his impeccably dressed lawyers.
Madoff had agreed to this interview with the single stipulation that it not be taped or transcribed. Kotz began by explaining to Madoff that he had a legal obligation to tell the truth. The fact that he was to be sentenced a week later may have influenced his decision to talk openly to Kotz. Or it may simply have been his ego making a last grasp for attention. When it comes to assigning motives to Madoff’s actions, who can really say? His motives make him an enigma, even to this day.
As Kotz later recalled, Madoff was overly polite and seemed forthcoming. I guess we were concerned that all the answers to our questions would be one or two words or he wouldn’t provide much information or his lawyer would cut him off every time he tried to say something, but there was none of that. He answered all of our questions expansively. It seemed like he didn’t hold anything back.
Over a three-hour period, Kotz and Frangipane took copious, nearly verbatim notes as Madoff revealed for the first time the whole story of his Ponzi scheme, claiming it had been started almost by accident and that he admittedly was astonished that he hadn’t been caught by the SEC. He was extremely critical of that agency, calling its investigators idiots, assholes, and blowhards. Kotz noted how frequently Madoff boasted of his connections in the financial industry. He claimed to know so many important people—‘I knew this one,’ that one ‘was a good friend,’ this one he ‘knows very well,’ that one he ‘had a special relationship with.’
But it was about halfway through this interview, when Kotz asked him about me, that his attitude changed. So let me ask you,
Kotz said, consulting his notepad, How much do you know about Harry Markopolos?
Madoff immediately waved his arm dismissively. He bristled. I was nothing, he told Kotz. This guy is getting all this press, all this attention. He thinks he’s some kind of seer. But believe me, it’s all overblown. You know what? He’s really a joke in the industry.
Madoff continued, explaining that I was a guy who was just jealous
of his business success. As Kotz listened to him, he began to realize that Madoff considered me a competitor and appeared to be bothered by the fact that I was getting attention that rightfully belonged to him. He wouldn’t let it go. Later in the interview he defended his investment strategy, which I had ripped apart, telling Kotz, All you have to do is look at the type of people I was doing this for to know it was a credible strategy. They knew the strategy was doable. They knew a lot more than this guy Harry.
No, they didn’t. They just saw the money. And they could not see through the dangerously charming exterior of a man who labeled me a joke.
Let me say first that I take no pride in having the last laugh. I’m Harry Markopolos, and this is the true account of my first case as a whistleblower to the SEC.
How did I become a whistleblower? It all began in 1999 when my friend Frank Casey first brought Madoff to my attention. I was confounded by the Wall Street mogul’s financial successes, and had to know more. I tried but couldn’t replicate his results. I later concluded it was impossible. One red flag led to another, until there were simply too many to ignore.
In May 2000, I turned over everything I knew to the SEC. Five times I reported my concerns, and no one would listen until it was far too late. I was a whistleblower taking on one of the most powerful men on Wall Street, and at some points through the nightmarish journey, I feared for both my safety and that of my family. I was convinced the crime he was committing was going to be the worst in market history. Ten years later, Madoff is now behind bars and we all know why.
My investigation team, as it came to be known, was comprised of four honest people with the shared belief that good ethics demands action. The four of us were the last and unfortunately only functioning line of defense between Madoff, his global organization of feeder funds, and their victims. We tried mightily to stop what we knew was wrong. As a result of our work the SEC—if it continues to exist—will be a different agency, and the way we police and regulate our markets will have been changed completely.
This is our story.
Chapter 1
A Red Wagon in a Field of Snow
On the morning of December 11, 2008, a New York real estate developer on a JetBlue flight from New York to Los Angeles was watching CNBC on the small seat-back television. A crawl across the bottom of the screen reported that Bernard Madoff, a legendary Wall Street figure and the former chairman of NASDAQ had been arrested for running the largest Ponzi scheme in history. The developer sat silently for several seconds, absorbing that news. No, that couldn’t be right, he thought, but the message streamed across the screen again. Turning to his wife, he said that he knew that she wasn’t going to believe what he was about to tell her, but apparently Bernie Madoff was a crook and the millions of dollars that they had invested with him were lost. He was right—she didn’t believe him. Instead, she waved off the thought. That’s not possible,
she said, and returned to the magazine she was reading.
The stunned developer stood up and walked to the rear of the plane, where the flight attendants had gathered in the galley. Excuse me,
he said politely, but I’m going to be leaving now. So would you please open the door for me? And don’t worry—I won’t need a parachute.
At about 5:15 that December afternoon, I was at the local dojo in my small New England town watching my five-year-old twin boys trying to master the basic movements of karate. It had been a gloomy day. Rain continued intermittently, and there was a storm in the air. I noticed there were several voice mails on my cell phone. That’s curious, I thought; I hadn’t felt it vibrate. I stepped into the foyer to retrieve the messages. The first one was from a good friend named Dave Henry, who was managing a considerable amount of money as chief investment officer of DKH Investments in Boston. Harry,
his message said clearly, Madoff is in federal custody for running a Ponzi scheme. He’s under arrest in New York. Call me.
My heart started racing. The second message was also from a close friend, Andre Mehta, a super-quant who is a managing director of alternative investments at Cambridge Associates, a consultant to pension plans and endowments. I could hear the excitement in Andre’s voice as he said, You were right. The news is hitting. Madoff’s under arrest. It looks like he was running a huge Ponzi scheme. It’s all over Bloomberg. Call me and I’ll read it to you. Congratulations.
I was staggered. For several years I’d been living under a death sentence, terrified that my pursuit of Madoff would put my family and me in jeopardy. Billions of dollars were at stake, and apparently some of that money belonged to the Russian mafia and the drug cartels—people who would kill to protect their investments. And I knew all about Peter Scannell, a Boston whistleblower who had been beaten nearly to death with a brick simply for complaining about a million-dollar market-timing scam. So I wouldn’t start my car without first checking under the chassis and in the wheel wells. At night I walked away from shadows and I slept with a loaded gun nearby; and suddenly, instantly and unexpectedly, it was over. Finally, it was over. They’d gotten Madoff. I raised my fist high in the air and screamed to myself, Yes!
My family was safe. Then I collapsed over a wooden railing. I had to grab hold of it to prevent myself from falling. I could barely breathe. In less time than the snap of my fingers I had gone from being supercharged with energy to being completely drained.
The first thing I wanted to do was return those calls. I needed to know every detail. It was only when I tried to punch in the numbers that I discovered how badly my hand was shaking. I called Dave back and he told me that the media was reporting that Bernie Madoff had confessed to his two sons that his multibillion-dollar investment firm was a complete fraud. There were no investments, he had told them; there never had been. Instead, for more than two decades, he had been running the largest Ponzi scheme in history. His sons had immediately informed the Federal Bureau of Investigation (FBI), and agents had shown up at Madoff’s apartment early that morning and arrested him. They’d taken him out in handcuffs. It looked like many thousands of people had lost billions of dollars.
It was exactly as I had warned the government of the United States approximately $55 billion earlier. And as I stood in the lobby of that dojo, my sense of relief was replaced by a new concern. The piles of documents I had in my possession would destroy reputations, end careers, and perhaps even bring down the entire Securities and Exchange Commission (SEC), the government’s Wall Street watchdog—unless, of course, the government got to those documents before I could get them published. I grabbed my kids and raced home.
My name is Harry Markopolos. It’s Greek. I’m a Chartered Financial Analyst and Certified Fraud Examiner, which makes me a proud Greek geek. And this, then, is the complete story of how my team failed to stop the greatest financial crime in history, Bernie Madoff’s Ponzi scheme. For the previous nine years I had been working secretly with three highly motivated men who worked in various positions in the financial industry to bring the Bernie Madoff fraud to the attention of the SEC. We had invested countless hours and risked our lives, and had saved no one—although eventually, after Madoff’s collapse, we would succeed in exposing the SEC as one of this nation’s most incompetent financial regulators.
For example, it was well known that Madoff operated his legitimate broker-dealer business on the 18th and 19th floors of the Lipstick Building on New York’s East Side. But what was not generally known was that his money management company, the fraud, was located on the 17th floor of that building. Months after Madoff’s collapse, the FBI would reveal to my team that based on our 2005 submission providing evidence that Madoff was running a Ponzi scheme, the SEC finally launched an investigation—but that its crack investigative team during the two-year-long investigation never even figured out there was a 17th floor.
I had provided all the evidence they needed to close down Madoff—and they couldn’t find an entire floor. Instead they issued three technical deficiency notices of minor violations to Madoff’s broker-dealer arm. Now, that really is setting a pretty low bar for other government agencies to beat. But sadly, all of this nation’s financial regulators—the Federal Reserve Bank, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision—are at best incompetent and at worst captive to the companies they are supposed to regulate.
As I would later testify before Congress, The SEC roars like a mouse and bites like a flea.
In retrospect, considering how much I have learned since then, and how much my team has learned, that probably was inaccurate: I was being too kind. Tens of thousands of lives have been changed forever because of the SEC’s failure. Countless people who relied on that agency for the promised protection have lost more than can ever be recovered. In some cases people lost everything they owned. And truthfully, the SEC didn’t even need to conduct an extensive investigation. My team had given them everything they needed. With the materials we submitted, it would have taken investigators no more than the time it took to ask Madoff three questions for his fraud to be discovered and his operation to be shut down. The magnitude of this Ponzi scheme is matched only by the willful blindness of the SEC to investigate Madoff.
This was not my first fraud investigation. My first investigation, which had a much more satisfying conclusion, concerned stolen fish. At one time my dad and two uncles owned a chain of 12 Arthur Treacher’s Fish & Chips restaurants in Maryland and Delaware. Eventually I became the assistant controller, which was basically a glorified bookkeeper. Then I became the manager of four units in Baltimore County. If you own a chain of restaurants, you will learn more about retail theft than you care to know. We had one manager who was using the restaurant as a front for his major income activity, which was selling drugs out of the drive-through window. Customers would place their order with him and find something other than fish and chips in their bags. We had another manager we knew was stealing from the restaurant, but we couldn’t figure out how he was doing it. Finally my uncle parked across the highway in the International House of Pancakes parking lot and watched him through a pair of binoculars. He discovered that when the cashier took her break, this manager would literally bring in another cash register from his car, and for the next hour he would ring up sales for himself. He had a nice business going; unfortunately, it was my family’s business.
We had a limited number of family members; so to eliminate fraud we had to rely on professional management, using the most advanced computers available at that time, to manage inventory. We had formulas for the components that went into every order: the amount of fish, chicken, shrimp, and clams. Every portion was controlled by size. I learned accounting in those restaurants. We continually matched our inventory to our sales and in that way could determine where our shortfalls were. Our goal was 3 percent waste. We wanted some waste, and some leftovers, because at the end of the night if you don’t have waste it means you’ve given your customers cold fish or spoiled shrimp that should have been thrown out. Too little waste meant you were not providing a quality product; too much waste meant there was theft.
When I discovered more than 5 percent waste in my district, I began examining the numbers. The numbers told me that something was fishy in one of our fish and chips stores. I appreciate mathematics, and I knew the answer was in front of me; I just had to be smart enough to find it. I enjoy watching the choreography of the numbers. There is a certain satisfaction I get from it. I wasn’t always that way; in seventh and eighth grades I struggled with math and needed a tutor to lead me through algebra. In high school I excelled in math and enjoyed it. I studied finance in college and had terrible calculus teachers. They were PhD’s who didn’t know how to teach. I couldn’t understand them, and I dropped the subject three times. I finally hired a PhD student in physics to tutor me, and eventually I was doing differential equations. I turned out to be a natural in math.
More than a natural, in fact. I’m a quant, which is the slang term for a quantitative analyst. Basically, that means I speak the language of numbers. Numbers can tell an entire story. I can see the beauty, the humor, and sometimes the tragedy in the numbers. Neil Chelo, a member of my Madoff team and a close friend, describes quants as people who conceptualize things in the form of numbers. As he says, quants look at numbers and see associations that other people aren’t even aware exist, and then understand the meaning of those associations in a unique way. A lot of my friends are quants. Neil is a quant; he can be obsessive about balancing not only his monthly bank statements, but even his credit card bills—to the penny. Quants are nerds and proud of it.
I look at numbers the way other people read books. For example, obviously computers are pretty darn fast doing math and calculating the value of derivatives, but even today there are certain calculations that are so math intensive that even a computer can choke on them. Occasionally a situation arises in which there is a second derivative, called gamma, which is the rate of change in the first derivative, delta. Don’t try to understand this calculation, unless you intend to trade options. You’ll never need to know how to do it and there is no test at the end. And you certainly won’t need to know it to understand how Bernie Madoff successfully ran his worldwide Ponzi scheme for decades. Bernie’s fraud was much less sophisticated than that. But in those situations prices can move literally at an infinite rate. A computer can’t track it very quickly. I can. After working in the financial industry for several years I could calculate those prices faster than a computer. Generally there were a couple of times every year when I had to throw out the computer and look at the price of a stock or the market and calculate my own option prices in a few seconds. In one of those situations, my ability to do the calculations rapidly and correctly could salvage our investment or even allow us to make a lot of money. Actually, it was that same combination of ability and experience that enabled me to look at the returns of Bernie Madoff and know almost instantly that his claims were impossible.
It was my ability to understand the numbers that allowed me to catch the thief in my fish and chips store. I started by inventorying every shift for a week or two, which allowed me to pinpoint those shifts on which the thefts were occurring. That allowed me to identify the suspects. Finally I determined that there was only one person working all those shifts. Once I knew who the thief was, I was careful not to catch him. He was putting food in a shopping bag and carrying it out to his car. If I had caught him doing it I would have had to fire him, which probably would have meant paying unemployment. The amount of money involved was too small for law enforcement to become involved, but significant for my business. So rather than firing him, I didn’t say a word. Over time I just cut back his hours until he was working only one shift a week—not enough to survive on—and he quit.
Bernie Madoff was a much bigger fish, but oddly enough not much more difficult to catch.
Actually, it was another fraud that first brought me into the financial industry. My father’s former banker, the man who got the family into fast food, was working as a registered representative, a salesman, at a firm called Yardley Financial Services. It was shut down after the CEO was caught selling fake London gold options. The former banker joined several other former Yardley employees and opened Makefield Securities. My dad bought a 25 percent interest in the firm, and I went to work there in 1987.
I began by doing oil and gas partnership accounting, completing depreciation schedules, matching trade confirms—all relatively basic and often very boring work. I probably was underpaid for the work I was doing, but whenever you work for family you’re going to be underpaid. Look at Bernie Madoff’s two sons. Their father was running the most successful fraud in history and—at least according to Bernie—he wouldn’t let them participate.
My first day as a licensed broker was October 19, 1987. I remember it well because that was the day the stock market crashed. Makefield was an over-the-counter market marker that traded between 12 and 25 stocks. We relied on Harris terminals—dumb terminals I called them because they did not automatically update prices. They simply provided the quote at the moment you hit the stock ticker. But they showed who was bidding and asking on shares at different prices. I came in to work that morning ready to begin my career as a broker, and instead walked into chaos.
We had only four phone lines coming in. They started ringing at 9 a.m. and never stopped. Not for a second. I knew that it was unusual, but I hadn’t been in the market long enough to understand it was unprecedented. I did know that it wasn’t good. We were one of the few companies buying that day, because we were short; we had been betting that the market would go down, and needed to cover our positions. For much of the time we didn’t even know where the market was—our computers couldn’t keep up with the price declines. The New York Stock Exchange tape was delayed about three hours, so at 1 o’clock in the afternoon we were still getting trades from 10 a.m. There wasn’t a moment of calm the entire day. Everybody in the office was shell-shocked. They were trading every step down. I had been trained, but I wasn’t ready to be thrown into the battle. I was so junior that they certainly weren’t going to trust me. I spent the day running errands and setting up trading calls so that our traders could handle their calls more efficiently. We knew the market was crashing, but we didn’t have enough information to understand how bad it was. The end of the day was the ugliest close anybody would ever want to see. We worked through much of the night processing trades, trying to get some understanding of where we were. The market had fallen almost 23 percent.
So much for my first day as a licensed broker.
What surprised me from the very beginning of my career was the level of corruption that was simply an accepted way of doing business. Bernie Madoff wasn’t a complete aberration; he was an extension of the cutthroat culture that was prevalent from the day I started. This is not an indictment of the whole industry. The great majority of people I’ve met in this industry are honest and ethical, but in a business where money is the scoreboard there is a certain level of ingrained dishonesty that is tolerated. I became disillusioned very quickly. I learned that the industry is based on predator-prey relationships. The equation is simple: If you don’t know who the predator is, then you are the prey. Frank Casey, who discovered Madoff for our team, referred to those elements on Wall Street that conduct their business for bottom-line profits rather than serving their clients as rip your face off financing.
I don’t know where my education went wrong, but my brother and I had been taught that there was no such thing as a minor lapse of ethics. Either you were honest or you were not. It was not possible to be partly honest. I learned that at Cathedral Prep in Erie, Pennsylvania. It was the kind of Catholic school that had a very strict rule that every teacher followed: Once a teacher knocked you down he had to stop beating you.
I was one of the better-behaved students and was knocked out cold only once. At the beginning of the year we had to turn in two bars of soap to use in the showers after gym. I brought two bars of Pet’um Dog Soap, which leaves your coat shiny, clean, and tick-free. It had a nice drawing of a Scottish terrier on the wrapper, which I showed to my classmates. That was my mistake. The teacher called us individually to drop our soap in a box at the front of the room. When my name was called, the rest of the class started laughing loudly. The teacher looked in the box and found my Pet’ums. Come here, Meathead,
he commanded. He grabbed a thick textbook and beat me with it until I went down. He followed the rules! When I got a beating like that I couldn’t go home and tell my parents, because my father would then give me another beating for causing a problem in school.
A prank I did get away with was infesting the school with fruit flies. In 10th-grade biology class we were breeding fruit flies for a series of experiments. I managed to sneak a vial home and secretly bred two complete cycles, so I had tens of thousands of fruit flies in a five-gallon jar. I explained to my mother that I was breeding them for a special science project. One morning I convinced her to bring me to school early. I slipped into the school through an open door by the cafeteria and released them all. It took them three days to infest the entire building, which had to be fumigated over the weekend.
More often, though, I got caught. Detention was held on Saturday mornings, when our job was to clean the school. I was a regular in detention. My parents never knew, though; I managed to convince my mother that I was in a special honors program that met on Saturday mornings. She would brag to her friends that her son Harry was so smart he was invited to attend honors classes on Saturdays!
At Cathedral Prep the difference between right and wrong was demonstrated to me on a daily basis. I learned there that actions had consequences. When I began working in the financial industry I learned very quickly that dishonest actions also had consequences—often you ended up making a lot more money. The most valuable commodity in the financial industry is information. Manipulating the market in any way that gives an individual access to information not available to other people on an equal basis is illegal. In early 1988 I was promoted to over-the-counter trader. I was making a market in about 18 NASDAQ stocks. One of the companies with which I traded regularly was Madoff Securities. That was the first time I had ever heard the name. All I knew was that it was a large and well-respected company at the other end of the phone. Madoff was a market maker—the middleman between buyers and sellers of stocks—and if you were dealing in over-the-counter stocks, eventually you had to do business with Madoff. It was soon after I started trading that I encountered massive violations taking place on an hourly basis. This was not true at Madoff specifically; in fact, I don’t remember a single incident in which its brokers were dishonest. But I had just learned all the regulations, and I saw them broken every day, every hour; and everybody knew about it and nobody seemed to care. The regulations were quite clear. The sellers in a deal have 90 seconds to report a trade. By not reporting it they were allowing the price to stay at levels different from those that would have resulted if the trading volume had been reported. Basically, it meant they were trading on inside information, which is a felony. It causes a lack of the transparency that is necessary to maintain fair and orderly markets.
This happened in my trades every day. It was an accepted way of doing business, although I couldn’t accept it. I would report it regularly to the district office of the National Association of Securities Dealers (NASD) in Philadelphia, and they never did a thing about it.
My younger brother had similar experiences. At one point he was hired by a respected brokerage firm in New Jersey to run its trading desk. On his first morning there he walked into the office and discovered that the Bloomberg terminals that supposedly had been ordered hadn’t arrived. Then he found out that the traders didn’t have their Series 7 licenses, meaning they weren’t allowed to trade. And then he learned that the CEO had some Regulation 144 private placement stock, which legally is not allowed to be sold. But the CEO had inside information that bad news was coming and he wanted to sell the stock. My brother explained to the CEO, You can’t sell this stock. It’s a felony.
The CEO assured him he understood.
My brother went out to lunch with the Bloomberg rep to try to get the terminals installed that he needed to start trading. By the time he returned to the office, the unlicensed traders had illegally sold the private placement stock based on insider information. My brother had walked into a perfect Wall Street storm.
He called me in a panic. What do I do?
I said, These are felonies. The first thing to do is write your resignation letter. The second thing you do is get copies of all the trade tickets; get all the evidence you can on your way out the door. And the third thing you do is go home and type up everything and send it to the NASD.
That’s exactly what he did. The NASD did absolutely nothing. These were clear felonies and the NASD didn’t even respond to his complaint.
When I started at Makefield in 1987, the industry was just beginning to become computerized, so most of the business was still done on the phone. I would spend all day with a phone hanging from my ear. I spoke with many of the same people every day and often got to know them well—even though I never met them in person. Among the people I most enjoyed speaking with was a client named Greg Hryb, who was with Kidder Peabody’s asset management arm, Webster Capital. Greg was nice enough to take time during those calls to teach me the business. When he started his own asset management firm, Darien Capital Management, in June 1988, he hired me as an assistant portfolio manager and an asset manager trainee. I moved to Darien, Connecticut, that August, and it was there that my education really began.
Darien Capital Management was a small firm; there were only four or five of us working there. But in the early 1990s we were managing slightly more than a billion dollars. And that’s when a billion dollars was a lot of money. We considered ourselves an asset management firm, but we operated as a hedge fund. Because we were so small, each of us had to wear many hats, which was a great opportunity for me. I did everything there from routine correspondence, monthly client statements, and handling of compliance issues to assisting a very good fixed-income portfolio manager. It was a lot of grunt work, but I was in on all the action. I got to learn the business of being a money manager by being an assistant portfolio manager. I learned more there in three years than I might have learned elsewhere in a decade.
Certainly one of the more important things I learned was that the numbers can be deceiving. There is a logic to mathematics, but there is also the underlying human element that must be considered. Numbers can’t lie, but the people who create those numbers can and do. As so many people have learned, forgetting to include human nature in an equation can be devastating. Greg Hryb showed me the value of networking; he helped me build the wide spectrum of friends and associates I was able to call upon during the nine years of our investigation.
I stayed at Darien Capital for three years. One of the people who marketed our products was a woman named Debbi Hootman. Eventually I became friendly with Debbi and her future husband, Tim Ng, who was working at Smith Barney at that time. Eventually Tim recommended me to Dave Fraley, the managing partner at Rampart Investment Management Company, in Boston, who hired me as a derivatives portfolio manager.
Rampart was an eight- or nine-person institutional asset management firm that ran almost nine billion dollars, the majority of it for state pension plans. When I began working there it had a suit-and-tie, kind of starchy New England atmosphere. It exemplified the conservative Wall Street firm. Gradually, though, just like in the industry itself, standards were relaxed and we evolved into a more casual dress-down-Fridays place to do business. It was at Rampart that I began my pursuit of Madoff and my battle with the SEC.
The relentless quest pursued by just about every person working in the financial industry is to discover inefficiencies in the market that can be exploited. It’s sort of like trying to find a small crack in a wall—and then driving a truck through it. At one time, the business of Wall Street consisted almost entirely of selling stocks and bonds; it was a staid, predictable business. Stocks went up; stocks went down. But then some very smart people began developing an array of creative investment products, among them indexed annuities, exchange-traded funds, structured products, and mortgage-backed securities. The business of basic investments became extraordinarily complicated, far too complicated for the casual investor to understand. Every firm in the industry and practically every person in the business had a theory and developed their own niche product in which they became expert. Everybody. These products were created to take advantage of every move the market made. Up, down—that didn’t matter anymore. So rather than simply picking stocks in companies whose names they recognized and whose products they used, investors suddenly had a supermarket of esoteric—meaning sometimes speculative and risky—investment opportunities from which to choose. Rampart’s investment strategy was called the Rampart Options Management System. It’s not important that you understand what we did, but simply that Rampart sold call options against client portfolios in a highly disciplined fashion, which would generate cash flow while reducing the overall risk. We were writing covered calls on big stock portfolios for institutions. It was a strategy that over an entire market cycle increased income while decreasing risk—as long as our client didn’t panic at the top. Unfortunately, as I learned, too many clients panicked right before the market topped and pulled out just before the strategy was about to become highly profitable.
Each summer Rampart would bring in an unpaid intern from a local college and I would mentor him or her. In the summer of 1993 that intern was Neil Chelo, a confident, wiry young man from Bentley College, a business school in Waltham, Massachusetts. Several years later Neil was to become a member of my Madoff team. Neil almost didn’t take the intern job. Although his father encouraged him to work for the experience, telling him that Wall Street people were smart and that if he got down in the trenches with them, eventually he would make a lot of money, his mother was strongly against it. Be something respectable,
she told him. Be a doctor or a lawyer.
He pointed out to her that they were Turkish-Albanian, not Jewish. But what really upset her was the fact that her Turkish-Albanian son was going to work for a Greek! She told him, Oh, my God, Neil. That’s why you’re not getting paid. The Greeks always take advantage of the Turks!
Of course, as I would occasionally point out to Neil, that’s not exactly the way Greeks interpret the Greek-Turkish relationship.
When Neil began his internship, he assumed he was going to sit down at the trading desk and learn by participating in the business. Instead, I handed him a reading list of about 14 books and told him his job that summer was to read all of them so we could discuss them. Among the books on my list were Market Wizards by Jack Schwager (New York Institute of Finance, 1989); Justin Mamis’s The Nature of Risk (Addison-Wesley, 1991); and Minding Mr. Market (Farrar Straus & Giroux, 1993) by James Grant. My objective was to provide him with the education he wasn’t going to get in an academic curriculum. Although I don’t dislike business schools, I believe half of what they teach students will be obsolete within five years and the other half is just outright false. Generally, they teach formulas that no one uses, case studies that no longer apply in the real world, and concepts that are just going to get people into trouble if they try to apply them. These formulas are an attempt to model the financial world in a simplified form, but they can’t possibly take into account the extraordinary complexity of the markets. It’s important to know these formulas, though; once you’ve mastered them you can begin to make the necessary adjustments for the real world.
Neil spent about half his time helping prepare monthly statements, confirming trades, tracking dividends, downloading reports, and doing all the other work done in the back office. The other half was spent reading books on my list. He sat across the desk from me, and I literally would quiz him. If he didn’t know the answer, I’d expect him to find it. And I insisted he do all the math by hand. Neil remembers (I don’t) that one afternoon I gave him the Dow Jones Industrial Average for 30 stocks and their price fluctuations for a day and asked him to calculate the actual point change in the Dow. It was not difficult to pull it up on a calculator, but I insisted he do the math.
Neil was obviously smart, but even as an intern, he was headstrong and opinionated. If he disagreed with something I said, he would not hesitate to let me know quickly and forcefully. And like a pit bull, once he got his teeth into an argument he wouldn’t let it go. Now, I had spent 17 years in the military. Among the lessons I had learned was that you can raise an objection once, maybe twice; but once a command decision was made, you didn’t continue to question it. Neil hadn’t learned that lesson, so when he believed he was right he wouldn’t let go. But these weren’t frivolous arguments; he knew his stuff. That’s what made him so valuable when we began to analyze Madoff’s numbers.
Math came naturally to Neil. Like me, maybe even more than me, he could glance at numbers and draw meaningful conclusions from them. At Bentley College, he played a lot of poker, ran a small bookie operation, and came to believe firmly in the efficient markets hypothesis. Believing that concept was where Neil and I differed most. The efficient markets hypothesis, which was first suggested by French mathematician Louis Bachelier in 1900 and was applied to the modern financial markets by Professor Eugene Fama at the University of Chicago in 1965, claims that if all information is simultaneously and freely available to everyone in the market, no one