The Satyam Computer Services LTD fraud scandal is growing in scale, with media in India calling it that country’s Enron. There definitely seem to be a lot of parallels between the huge Indian outsourcing company and the former energy trading giant. The confession by B. Ramalinga Raju, chairman of Satyam has left many Indian commentators flabbergasted by such a bold-faced accounting lie.

Unfortunately for investors worldwide, such fraud has become commonplace. All told, it looks like Raju manipulated the books by almost one billion dollars. Raju is a graduate of the MBA program at Ohio University, and he’s been hailed as a hero in India for founding Satyam. He was hailed as the Entrepreneur of the Year in 1999, by Ernst and Young. Now his reputation is taking a great hit by recent revelations.

At a time when financial fraud is sucking the life out of equity markets, investors are forced to take a good hard look at the oversight that happened in India involving Satyam. Some are calling for an investigation into PriceWaterhouse, who is the third party auditor for the company. As “Hindu Business Online” notes, the company is already hiding behind client confidentiality instead of openly addressing the scandal.

“We have learnt of the disclosure made by the Chairman of Satyam Computer Services and are currently examining the contents of the statement. We are not commenting further on this subject due to issues of client confidentiality,” the company said in a statement.

It looks like business as usual for a giant fraudulent accounting scandal. First come the revelations. Next, the shock and disbelief of the investors. After this stage, comes anger and demands for accountability. Lastly, acceptance of the situation and punishment for the perpetrators. These cases almost always involve a central figure who was once considered heroic for their rags to riches stories.

One thing’s for certain: in this current economy, a massive accounting fraud of this magnitude cannot be good for Indian business. Investors are already shell shocked from the seemingly endless cases of corruption happening in the world’s market. An emerging market like India needs to be clean in order to keep attracting direct foreign investment.

“The whole affair—already being dubbed India’s Enron—throws India’s corporate governance into sharp relief. That Mr. Raju thought it appropriate to spend $1.6 billion on two firms so unrelated to Satyam’s business and in which he had a financial interest, without seeking shareholder approval, speaks volumes about his sense of what his shareholders would tolerate,” said the Wall Street Journal.

With people already pulling funds from emerging markets, this could signal a stampede. Investors are suffering from stress on all fronts from all corners of the world now and are desperate to find relief in the form of sane accounting rules, ethical corporate governance, and helpful governmental oversight. Since these business leaders (in every nation), have rarely proven the ability to oversee their own affairs ethically, the time has dawned where strict new regulations on accounting, along with oversight with a bite, is needed to restore order to the world’s market.

The story of Ramalinga Raju, although damaging to India’s business economy, is nothing unique to that country. We can expect more and more of these stories in coming months from every sector of the world as the recession exposes the weakness in the remaining bubble markets. As cash flow has dried up and the financial waters have become much more rough in the past year, the rats on the ships have begun feasting at the Captain’s table.

Ezra Merkin may soon be ousted from his position as Chairman of GMAC, the troubled financing arm of General Motors. There’s no point in detailing the many woes facing GM and GMAC since they’ve been chronicled extensively, but suffice it to say GMAC is facing huge problems which can’t be helped by the precarious position of J. Ezra Merkin himself.

Merkin is currently in hot water due to the huge failure of his hedge fund, which invested billions of dollars with Bernard Madoff, in what is now being described as the world’s biggest Ponzi scheme.

It’s not as if his performance at the help of GMAC has been anything less than a dismal failure, either:

Merkin, 55, presided over $7.9 billion of losses at GMAC during five quarters caused by defaults on subprime mortgages and a collapse in auto sales. He closed his $1.5 billion Gabriel Capital LP last month after disclosing losses tied to Madoff, who allegedly ran a $50 billion Ponzi scheme. Gabriel and two other Merkin funds, Ascot Partners LP and Ariel Fund Ltd., face lawsuits for investing with Madoff.

As part of the TARP funds already paid out to GMAC, the company is required to pick a new seven-member board to oversee the company. It’s doubtful that Merkin will be anyone’s top pick, considering his involvement in the Madoff scheme, as well as GMAC performance under his tutelage.

The retooled board will be decided on within 90 days.

Bernard Madoff was an equal opportunity scammer, unafraid of who he hurt, including close friends, by his nefarious stock market swindle. Proof of his callous nature comes in the way he treated one of his oldest friends, 95 year old Carl Shapiro. Just ten days before the collapse of his firm, Madoff turned to the man who gave him his start on Wall Street and took $250 million in a last ditch effort to save his failing Ponzi Scheme.

It appears that Madoff told Shapiro that he needed the quarter billion for a short period of time, that the investment was safe, and he’d repay it quickly with a decent return. Shapiro has now lost a personal total of $400 million, as well as his charitable foundation losing over $100 million more.

It was Carl Shapiro who gave a 22 year old Bernard Madoff his start in business, and over the years the two became close friends.

A successful entrepreneur who sold his Kay Windsor clothing business to Vanity Fair Corp. in 1971, Mr. Shapiro built his fortune over the years to hundreds of millions of dollars through investing and other businesses. He now lives in Palm Beach with his wife, Ruth. The couple has donated millions of dollars to Brandeis University, the Dana-Farber/Brigham and Women’s Cancer Center, the Hospice of Palm Beach, Boston’s Museum of Fine Arts and other charities.

Worse even, Shapiro wasn’t the only person who Madoff approached for investment capital as his firm imploded. He hit up a number of people, who, fortunately for them, refused to part with their hard earned money.

Indian business is being hit with the type of corruption scandal that has become, unfortunately, all too common here in the U.S. Ramalinga Raju resigned from Satyam Computers, and admitted his role in a long running scheme to defraud investors. Raju wrote a detailed letter to his shareholders where he details the fake accounting used by the company.

It is with deep regret, and tremendous burden that I am carrying on my conscience, that I would like to bring the following facts to your notice:

1. The balance sheet carries as of September 30, 2008

a) Inflated (non-existent) cash and bank balance of Rs 5,040 crore (as against Rs 5361 crore refglected in the books)

b) An accured interest of Rs 376 crore which is non-existent

c) An understated liability of Rs 1,230 crore on account of funds arranged by me

d) An over stated debtor position of Rs 490 crore (as against Rs 2651 reflected in the books)

The revelations are relatively stunning, especially to many Indian workers who hold the company in the highest regard. Of course, shares of Satyam Computers are already being crushed. Several reports say they’re down at least 77% already for the day.

Ramalinga Raju said he’s prepared for the consequences that may come from the law. Of course, the result for workers and investors that believed in Satyam Computers is devastation.

06. January 2009 · 1 comment · Categories: Business Fraud · Tags:

Despite the fact that TARP funds have been paid out to over 200 financial institutions, beleaguered consumers are having a harder time than ever getting credit. Right now the US Government owns over $172.5 billion in the preferred shares of 218 financial institutions.

Continue reading “TARP Scam Yields Little New Credit” »

Considering Bernard Madoff engineered the most massive Ponzi scheme, defrauding investors out of billions, it seems odd that he’s a free man. Now prosecutors are seeking to address that issue by asking for his bond to be revoked.

The Federal prosecutors say that Madoff sent over $1 million of jewelry to family members, despite the ongoing investigation into his criminal activities. Madoff is still out on bail, pending a hearing. Madoff posted $10 million bond when he first confessed his crimes to police.

The new, more hostile approach from prosecutors indicate a change in stance towards Madoff. Madoff had been said to be co-operating with the prosecution. Now his lawyers have backed off those claims.

A related sidebar in the Madoff fraud case is that the SEC is now undergoing heavy scrutiny for their continues mis-handling of serious complaints about Madoff’s firm as well as hedge funds that funneled billions to Madoff, without informing clients.

H. David Kotz, inspector general of the S.E.C. promised a full investigation into the matter.

Madoff mailed jewelry to family in December claims prosecutors

Central to the argument that Madoff is a flight risk and should have his bail revoked is the discovery that he mailed jewelry said to be worth $1 million to family members. Plus, Madoff is old, probably still has millions hidden, and is facing a long jail sentence.

“The case against the defendant is strong and it continues to grow stronger as the government’s investigation continues,” United States Attorney Mark O. Litt said. “Given the defendant’s age, the length of the likely sentence, the strength of the proof against the defendant, including his confessions, these facts present a clear risk of flight.”

Of course it seems pretty obvious to most observers that Bernard Madoff should be jailed awaiting his trial. The amount of damage he’s done to his clients and to the public faith in investments should warrant his incarceration.

Rene-Thierry Magon de la Villehuchet’s clients weren’t the only ones that lost fortunes to Bernard Madoff’s Ponzi scheme.

According to Rene-Thierry Magon de la Villehuchet’s brother, Bertrand, Rene-Thierry Magon de la Villehuchet lost “several tens of millions” of his own personal wealth by vesting with Bernard Madoff.

Bertrand told the AP, “He trusted Madoff completely.”

Rene-Thierry Magon de la Villehuchet was found dead in his Access International Advisors New York office with both of his wrists slit and a bottle of sleeping pills near his body last Tuesday.

According to Access International Advisor’s website, the company specialized in “managing hedged and structured investment portfolios.”

Rene-Thierry Magon de la Villehuchet’s investment clients included friends and family and his company was one of the largest investors in Madoff’s “fund.”

He and his company lost over a billion dollars of holdings when Bernard Madoff finally came clean about his illegal (and immoral) activities.

Bertrand said, “At first he thought he’d be able to get the money back. He was very determined. Gradually he realized he wouldn’t be able to.”

Other victims of Bernard Madoff’s investment fraud include the Elie Wiesel Foundation for Humanity, Lilliane Bettencourt of L’Oreal fame, the Robert I. Lappin Charitable Foundation, the Picower Foundation and several other charitable foundations and individual investors.

The total scope of Madoff’s losses remains unknown.

It’s estimated that Bernard Madoff lost $50 billion dollars using an uncomplicated scheme that promises high returns on investment (ROI) to new investors. The “new” cash is then used to pay earlier investors, but the scheme failed after new investors dried up and global credit markets failed to provide more cash for leverage.

Madoff was arrested on December 11, 2008. The day before his arrest he confessed to his senior executives that the management and advisory segment of the business was “basically, a giant Ponzi scheme.”

J. Ezra Merkin has been ordered to not destroy any financial records related to the dealings of Bernard J. Madoff. Merkin is the chairman of GMAC who runs several hedge funds which invested with Madoff. The dealings came to light when one of Merkin’s clients, New York University, learned that Merkin had lost $24 million of their capital.

The suit claims that Merkin and his hedge fund, Ariel Fund Ltd. and its’ management group Gabriel Capital Corporation, failed on their responsibility of cash management by turning the money over to Madoff for investment. The Ariel Fund Ltd has already announced plans to liquidate their holdings in light of the recent scandal. The suit also mentions Fortis, who partnered with Merkin in the creation of Ariel Fund Ltd. All told, NYU had invested a staggering $94 million into the fund.

As the losses come in from the Madoff scam, the elite of New York City Jewish philanthropy are among the victims, as well as helping to perpetrate the fraud. Merkin is the grandson of Hermann Merkin who was known as a titan of Jewish philanthropy. He donated gave millions to help build Yeshiva University, and the Fifth Avenue Synagogue.

Human loss mounts in Madoff Ponzi Scheme

The human expense of the Madoff scheme is mounting. Charitable foundations and lives have been destroyed. Merkin clearly used his influential position and the capital of Yeshiva University to invest $1.8 billion into Bernard Madoff’s firm.

That was little consolation, however, to Yeshiva University, said to have lost $110 million of its endowment; or to Congregation Kehilath Jeshurun, the Ramaz School of Manhattan and SAR Academy in Riverdale, said to have lost substantial sums; or to several family foundations belonging to Merkin’s fellow trustees at Yeshiva University, including Robert M. Beren and Ludwig Bravmann.

Another Ascot casualty was a charitable trust founded by real-estate magnate Mortimer Zuckerman, the chairman of real-estate firm Boston Properties and owner of the New York Daily News and U.S. News & World Report. That lost $30 million.

NYU said Merkin blindly turned the money over to Madoff.

“Without making disclosures in the quarterly reports to investors, and in the face of an extraordinary number of ‘red flags,’ Merkin, for years, simply turned over a substantial portion of Ariel’s funds to Madoff,” said NYU in their complaint.

Merkin has so far denied wrongdoing, laying the blame squarely on Madoff.

“Mr. Merkin remains committed to obtaining for shareholders the best results possible in the wake of the terrible fraud committed by Bernard Madoff,” Andrew Levander, attorney for J. Ezra Merkin said.

Madoff has caused huge damage to the work of Jewish philanthropic organizations

It’s safe to say the the amount of damage to Jewish philanthropic organizations is significant.

The Elie Wiesel Foundation for Humanity has lost virtually all of their funds as a result of investing with Madoff.

The Elie Wiesel Foundation for Humanity said Wednesday it invested $15.2 million or “substantially all” of its assets with Bernard Madoff, adding the name of the Nobel Prize winner to the confirmed list of those caught up in what Mr. Madoff described as a $50 billion Ponzi scheme.

“We are deeply saddened and distressed that we, along with many others, have been the victims of what may be one of the largest investment frauds in history,” the foundation said in a statement posted on its Web site.

The foundation was started by Holocaust survivor and Nobel Prize Winner Elie Wiesel and his wife in 1986. The foundation will not be going out of business. Of course a man like Wiesel who won a Nobel prized for detailing “his own personal experience of total humiliation and of the utter contempt for humanity shown in Hitler’s death camps” can survive a financial crisis like this. Other charitable foundations have not been so lucky, already wrapping up their operations upon learning of their lost endowments.

Bernard Madoff is unique among scammers due to the size of his Ponzi scheme, and the fact he was willing to stick it to anyone, even fellow Jewish people, no matter how close of a friend they considered him to be.

The question “what is a Ponzi scheme?” is being asked a lot these days now that Bernard J. Madoff has perpetrated the biggest Ponzi scheme in world history, with an estimated $50 billion of investor money lost to fraud.

A Ponzi scheme is named after Boston-area Italian immigrant swindler Charles Ponzi. Ponzi instituted a simple scheme, involving postage stamp speculation.

Continue reading “What Is A Ponzi Scheme?” »

Bernard Madoff’s long running Ponzi scheme has collapsed another entire charitable organization.

The Elie Wiesel Foundation for Humanity, which was founded by Elie Wiesel and his wife, Marion after he won the Nobel Peace Prize in 1986, recently announced that their foundation lost everything – more than $15 million dollars – after investing with Bernard Madoff.

Bernard Madoff recently admitted to losing over $50 billion dollars entrusted to his investment company. Madoff told authorities that he used an unsophisticated Ponzi scheme to bilk investors out of their cash.

The Elie Wiesel Foundation operates both domestically and internationally and was set up to remember the Holocaust. The foundation’s mission statement is “to combat indifference, intolerance and injustice through international dialogue and youth-focused programs that promote acceptance, understanding and equality.”

A statement at the Foundation’s website reads,

“We are deeply saddened and distressed that we, along with many others, have been the victims of what may be one of the largest investment frauds in history. We are writing to inform you that the Elie Wiesel Foundation for Humanity had $15.2 million under management with Bernard Madoff Investment Securities. This represented substantially all of the Foundation’s assets.

The values we stand for are more needed than ever. We want to assure you that the Foundation remains committed to carrying on the lifelong work of our founder, Elie Wiesel. We shall not be deterred from our mission to combat indifference, intolerance, and injustice around the world.

At this difficult time, the Foundation wishes to express its profound gratitude for all your support.”

The foundation operates the Beit Tzipora Learning Centers, in Ashkelon and Kiryat Malachi, Israel. These schools enroll more than 1,000 students in after school programs and are role models for other schools. They were named in memory of Elie Wiesel’s sister, who died at Auschwitz.

Elie Weisel is 80 years old and survived the Holocaust.

Whether Wiesel’s foundation will be able to survive through this massive fraud perpetrated under the guise of ‘trust’ remains to be seen.

Bernard Madoff is currently being electronically monitored after posting $10 million bond and investigators in the case continue their probe.