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links for 2008-12-18 December 18, 2008

Posted by arikjohnson in Uncategorized.
  • The losses in a scheme like Madoff's do not simply stay where they seemed to lie at the end of the game: They have to be traced back through years of redemptions.

    The consequence of this is that any longtime Madoff investors who'd gotten suspicious could very well have seen that publicizing their suspicions and outing Madoff's scam would not have saved their money but actually exposed them to greater losses. As the law stands, post-Bayou, a major fund company that finds itself entangled in a scam like Madoff's has every incentive not to out the fraud but, rather, to keep its fingers crossed and maybe hope that the whole thing can be written off as just another multibillion-dollar stock market blowup. Now that the scam's been revealed, for Madoff, it's the end. But for the grand saga of litigation that will pit Madoff's hapless investors against each other and probably make Charles Dickens' Jarndyce vs. Jarndyce look like days in small-claims court, this is just the beginning.



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