No One Would Listen: A True Financial Thriller

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No One Would Listen: A True Financial Thriller Page 3

by Harry Markopolos


  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 mathem
atician 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 can have an edge. In this hypothesis having an edge means that for all intents and purposes you have accurate information that your competitors don’t have. It basically means that you can’t beat the market, that there is no free lunch.

  After the first few weeks, Neil and I began going out to lunch together, to a local Greek place, naturally. The most important thing I taught Neil that summer was that what he learned in the office was not going to determine his success in this business. The only possible way of gaining an edge in the financial industry is by gathering information that others don’t have. There are so many smart people in this business that it’s impossible to outsmart them, so you simply have to have more and better information than they do. Information on a database that can be purchased is available to everyone; there’s no advantage to having it, but the knowledge that one day might make a difference is best obtained from others in simple conversations. It’s stuff you can’t buy from a database provider; you have to learn it one relationship at a time. In the army we called it human intelligence gathering.

  I had established the one-third rule: For every three hours you spend at work you have to spend at least one hour outside the office on professional development. That might mean reading material that might improve your life, but more likely it meant—just as I had learned at Darien Capital—social networking. I encouraged Neil to take advantage of the pub culture in Boston, to go to professional association meetings, and to go to dinners. As I explained to him, that’s where the information that one day may make the difference is learned. That’s where you find out what other firms are doing to be successful and where they are failing, what their problems are, and how they’re dealing with them. For example, in those social conversations you hear about the idiosyncrasies of different traders, so when you see them making a move you know how to properly interpret it. I taught him that it is important to know everything that’s going on in your field, in your industry, and in your sector in the industry, and that the only real way to do that is going to lunches and dinners and happy hours and meetings and getting there early and staying late. I taught him that ignorance begins where knowledge ends, so to be successful he needed to be a gatherer and a hoarder of information.

 

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