The Mind of Madoff (Part 1) – What Would Motivate Such A Crime? Comments by Fraud Prevention Expert Chuck Gallagher

January 29, 2009

The largest Ponzi scheme in history seems to be unfolding before our eyes if what Bernie Madoff has said is true.  What some believed was a Wall Street power broker is now a prisoner in his own home.  Fifty billion dollars potentially lost with a huge string of investors who found out in late ’08 that the economic crisis was personal – very personal.

bernie-madoffThe proported manager of billions of dollars for individuals and foundations, Madoff to many was a brilliant investor who produced consistent returns and attracted a star studded client list.  After all, who would not want to place their investments with someone who seemed to have the inside track on how to produce results.  But with Bernie’s self admitted Ponzi scheme, who is the real Bernie Madoff and more importantly what would motivate such a crime?

According to a New York Times article written by Julie Creswell and Landon Thomas, Jr. the following is stated:

An easy answer is that Mr. Madoff was a charlatan of epic proportions, a greedy manipulator so hungry to accumulate wealth that he did not care whom he hurt to get what he wanted.

But some analysts say that a more complex and layered observation of his actions involves linking the world of white-collar finance to the world of serial criminals.

They wonder whether good old Bernie Madoff might have stolen simply for the fun of it, exploiting every relationship in his life for decades while studiously manipulating financial regulators.

“Some of the characteristics you see in psychopaths are lying, manipulation, the ability to deceive, feelings of grandiosity and callousness toward their victims,” says Gregg O. McCrary, a former special agent with the F.B.I. who spent years constructing criminal behavioral profiles.

The questions about who the real Bernie Madoff is and what motivated his crime will be the subject of many books and be studies for years.

Psychopath – now that seems a deep reach and a good question.  Listed in Scientific America is the following definition or description of psychopathic behavior.  I have included several paragraphs so that you can begin to judge for yourself just where the connection may be with Bernie Madoff.

First described systematically by Medical College of Georgia psychiatrist Hervey M. Cleckley in 1941, psychopathy consists of a specific set of personality traits and behaviors. Superficially charming, psychopaths tend to make a good first impression on others and often strike observers as remarkably normal. Yet they are self-centered, dishonest and undependable, and at times they engage in irresponsible behavior for no apparent reason other than the sheer fun of it. Largely devoid of guilt, empathy and love, they have casual and callous interpersonal and romantic relationships. Psychopaths routinely offer excuses for their reckless and often outrageous actions, placing blame on others instead. They rarely learn from their mistakes or benefit from negative feedback, and they have difficulty inhibiting their impulses.

Not surprisingly, psychopaths are overrepresented in prisons; studies indicate that about 25 percent of inmates meet diagnostic criteria for psychopathy. Nevertheless, research also suggests that a sizable number of psychopaths may be walking among us in everyday life. Some investigators have even speculated that “successful psychopaths”—those who attain prominent positions in society—may be overrepresented in certain occupations, such as politics, business and entertainment. Yet the scientific evidence for this intriguing conjecture is preliminary.

Most psychopaths are male, although the reasons for this sex difference are unknown. Psychopathy seems to be present in both Western and non-Western cultures, including those that have had minimal exposure to media portrayals of the condition. In a 1976 study anthropologist Jane M. Murphy, then at Harvard University, found that an isolated group of Yupik-speaking Inuits near the Bering Strait had a term (kunlangeta) they used to describe “a man who … repeatedly lies and cheats and steals things and … takes sexual advantage of many women—someone who does not pay attention to reprimands and who is always being brought to the elders for punishment.” When Murphy asked an Inuit what the group would typically do with a kunlangeta, he replied, “Somebody would have pushed him off the ice when nobody else was looking.”

Is this the description of Bernie Madoff?  When he began his career is this Bernie Madoff?  Those questions will be the subject of much public debate.  Yet, as I read the definition above, I can think of many people I know, including myself, who have – from time to time – exhabited some of those behaviors.  In fact another comment from the New York Times article says it so clearly:

“People like him become sort of like chameleons. They are very good at impression management,” Mr. McCrary says. “They manage the impression you receive of them. They know what people want, and they give it to them.”

By all means I am not trying to be funny here, but what Mr. McCrary says is to me the definition of a good salesman.  And a good salesman, Bernie Madoff was!

I suspect that his motivation was far more simple than what some are trying to characterize.   All of his upbringing would indicate a basically normal childhood with nothing presented that is out of the ordinary.   Starting his investment firm in the 1960′s trading penny stocks, Bernie Madoff – I believe – was making a way for himself as honestly as he knew how.  I doubt he had any thought or concept that he would create a ponzi scheme to defraud people.  I can almost picture that nothing like that was foremost in his mind.

Now some might be asking, well why do you think you know so much about a man you’ve never met?  Fair question.  The answer, because I’ve been in his shoes.  Not proud to say that, but my past will reveal that I, too, effected a ponzi scheme and like Bernie – when the card (from the house of cards was pulled) I, too, revealed my misdeeds and eventually went to prison.  They say it takes one to know one – well maybe that fits in this case.

Fraud – at least this kind of fraud – consists of three primary traits:  (1) need; (2) opportunity and (3) rationalization.  So when looking at the question of “what would have motivated such a crime” the first thing that is important is what was Bernie’s – need.  Need in this case is the key to his motivation.

What was his need?  Money?  I doubt it.  Rather, I think that Mr. Madoff’s need was emotional.  Reared as a child in a normal jewish home, I have no doubt that Bernie Madoff was a motivated – perhaps driven – individual set out on achieving success.  Getting involved in the securities business when he did allowed him to ride the crest of a wave of growth and success that this nation had not seen for decades.  And Bernie was at the forefront of dramatic change.

As an example of Bernie Madoff’s business positioning the following was said in the New York Times article:

During the mid-1970s, when changes in the rules allowed his firm and others like it to trade more expensive and more prestigious blue-chip stocks, Mr. Madoff began gaining market share from the Big Board.

“He was a man with a good idea who was also a terrific salesman,” says Charles V. Doherty, the former president of the Midwest Stock Exchange. “He was ahead of everyone.”

So what happened?  Imagine…fairly successful guy – gets to move in bigger and more powerful circles – making money for himself and those he is connected with – on the cutting edge of his career growth – likable – and a great salesman.  Then the market changes and he experiences what he has not felt in years – losses.   Clearly I can’t support the theory with documentation – that will be disclosed in years to come as part of this massive investigation.  But, if I were a betting man I would say that Bernie had an emotional problem with revealing that he was not the person he created the illusion he was.

Fraudsters, by nature, create illusions.  That statement seems obvious, but to the unsuspecting public is seems a revelation.  If a fraudster were to reveal the truth, no one would be defrauded.  The illusion is critical and the illusion is hard to break.  Once broken the fraudster is revealed as nothing more than a liar and a thief.   In 1990 I had to reveal that shadow side of myself to my wife, family, partners and clients and the cost was devastating.  In December of 2008 Bernie Madoff – when there was no way to perpetuate his fraud had to do the same.

I suspect that when Bernie’s results began to go south, he was incapable of admitting his weakness to his clients and friends.  He created the persona and was going to stick by it.  It was then that the ponzi scheme began to unfold.  Did he intend to defraud at first?  I don’t think so.  However, his need to maintain the illusion for his emotional well being kicked into gear the first aspect of the tranformation of Bernie Madoff into fraudster.  When “need” was established the house of cards began to be built.

The Times report says the following:

To some extent, analysts of criminal behavior say, defining Mr. Madoff is complicated by the wide variety of possible explanations for his scheme: a desire to accumulate vast wealth, a need to dominate others and a need to prove that he was smarter than everyone else. That was shown, they say, in an ability to dupe investors and regulators for years.

There is no one answer and yet the answer is simple.  For whatever the underlying reason, when the “need” is established and firmly in place the fraud will begin.

There will be more about Madoff to come…for now however, know this – in troubled economic times – the “need” becomes heightened and fraud is on the rise.  Perhaps it remains undetected, but it will be brought to the light – it always is.  Every choice has a consequence.  I am living proof of that statement and speak around the world about choices and consequences.  Perhaps my comments – heard by just one person – will be sufficient to help them make choices that yield positive results.  Bernie’s will leave him in prison for the rest of his life.

COMMENTS ARE WELCOME:

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Social Networking, Social Media, Social Web and Ethics – Are They Compatable? Ethics Speaker Chuck Gallagher Comments!

January 29, 2009

For a 51 year old former Sr. VP of Sales and Marketing, current business ethics speaker and fraud prevention consultant, I am finding web 2.0 and/or social media (or whatever title you give it) to be a vast open space for opportunity and/or disaster. And for those of us who are growing into this new frontier the pitfalls can be dramatic and costly.

One year ago I had no clue what web 2.0 was or meant. Frankly neither did most of my counterparts. Those of us in the Baby Boom generation just didn’t get it. As far as we were concerned sites like MySpace and Facebook were for kids. And, frankly, we didn’t have a clue what the fascination was all about. Just really seemed like a colossal waste of time. Either the “young” folks were texting – seemed like speed dial and a call was quicker – or they were writing in some unknown code that was designed to keep those of us with budding grey hair confused. And confused we were.

Then, for reasons I still don’t fathom, I began – like many others of my generation – to find some attraction to just what the fuss was all about. Viola…Baby Boomers connect and the world for us changes.

AMAZING FACTS:

According to site analytics reported on in compete.com for December 2008 the following amazing statistics are available:istock_000007298729small

Number of Unique Visitors:

Facebook 59,675,502

MySpace 59,544,152

LinkedIn 9,349,996

In all three cased the number of people visiting these sites increased for the month of December 2008 and increased for the year for both Facebook and LinkedIn.

IMPACT FOR ADULT SOCIAL MEDIA CONNECTIONS:

While the number of uses for MySpace (mostly high school and college aged users) has remained flat, the more adult related sites has skyrocketed. The number of unique visitors to LinkedIn over 2008 has increased 153.9% and unique visitors to Facebook has increased 85.7%. While there may be those who disagree, I submit that the great majority of the increased visitorship to these sites is coming from adult users that are beginning to learn how to tap into the value of social media connections.

The growth is incredible as I am seeing daily (yes daily) the number of people in the Baby Boom group who are beginning to figure out that they will be left behind if they don’t join the social media revolution. The message that one might share is instantaneous and the access to data is vast. The power for branding, marketing and media messaging is limited only by the narrowness of ones mind.

INTERCONNECTED – FOR BETTER OR WORSE:

First, let me say, you do have control over when and how you use these tools. That said, the reality is you are interconnected. For example I am working with a social media site called twitter. Now for those who twitter it makes perfect sense (I guess). For me, well…I’m trying to figure it out. But one thing I do know is that since my twitter postings are linked to my facebook account, every time I make a post to twitter my facebook is updated.

That interconnection can be a great benefit. But, it has to be one that is managed. As a baby boomer and professional speaker and consultant I quickly got the value of these social media site from a marketing and branding perspective. And, I promise for those who really get it, I’m no where close to truly maximizing the value that can be gained there.

Here’s an example of the power of social media at work. As I began writing this blog I posted a comment on twitter (which like Facebook and LinkedIn is growing exponentially). I stated that I was writing this article and would be open to suggestions. The request was posted on twitter – which linked to my facebook page. Just a moment ago I looked on my facebook page and has two responses, both of which were very helpful.

Here are their comments with some minor edits:

A professor from Texas writes: “Who owns my data?” Guess what – Facebook owns what you put on your profile. Not you. Take your page down? Doesn’t matter, they still have, and own, that information.

A professional speaker from Florida writes: I am amzaed how social media has taken off the way it has…. I do not like it when people think it is the perfect place to push their MLM or any other products or services.

Don’t get me wrong I think that MLMs are a great business to get into. But please first read the secret behind “Permission Marketing” as taught by Seth Godin. If you use this (read More Strategy )it does work. I know I have people who write me and call me and I don’t really know them but they feel like I am there best friend. This is all done by “Permission Marketing” not by pushing yourself upon your friends list.

Also becareful what you post on someone’s “Wall” where everyone can read it. I will sometimes post something on their Wall and then follow-up with a direct private message to further explain the details or the private information. There are somethings you don’t want everyone to know without the permission of the other parties involved.

ETHICS, CHOICES AND CONSEQUENCES:

Every choice has a consequence. Every time you call someone or write a note, you make a choice that has a consequence. Perhaps your call or note is received with joy and the consequence is deemed positive. Likewise, many in turbulent economic times are receiving calls or notes that result in the loss of jobs and – the consequence is much different.

The same applies to every entry or contact in a social media environment. I, for example, write about ethics and fraud – white collar crime mostly. I am aware that with the touch of the keyboard, I publish data that some find helpful and refreshing and others find offensive. Believe me I have heard from those who do find my work distasteful. In any event, I understand that the way we interact on the web is much different and substantially more powerful than what we have previously been accustomed.

So here are some questions (feel free to comment below – who knows where the dialogue will take us):

  • If you use social media sites such as Facebook, LinkedIn or Twitter for business promotion, are you concerned more about your privacy or the promotion of your business?
  • If you had to choose between LinkedIn or Facebook – which site would you select and what motivates that selection?
  • If you use Facebook, do you feel that it is ethical to look at the friends of your friends and request a connection to them?
  • Would you rather expand your network of “friend” or “connections” or maintain your privacy?
  • How do you feel social media networking is different than networking – say through a chamber of commerce event?

As times passes, like with anything, we will all learn and grow. Meanwhile, the issues of what, how and where to use social media and what is fondly called web 2.0 are unfolding.

One last comment before this entry is closed out… As I speak often to university students I find that they too have an amazement at this whole social media issue. This comment just came through on my facebook page. It is accurate and demonstrates just how we need to think about the balance between social, marketing and privacy. Here’s the comment:

Fascinating. I find the balance of being public and yet wanting privacy control a tight balance. Companies are using FB as an HR research/background tool.

Your comments are welcome…


National Century Executives Face Life in Prison – What Does That Mean for MADOFF?

January 15, 2009

Back some nine months ago I reported in my blog about a massive “white collar crime” (see Here) where investors were defrauded of $3 Billion.  Now most would have agreed – at least back then – that that was a lot of money.  Frankly, after the report I did not follow up with what was taking place at sentencing. However, since then – in the most unlikely of places – my Facebook account – a reader made a comment about one of the co-conspirators – Roger S. Faulkenberry.  That peaked my curiousity so I began looking.  The following was reported in the Columbus Dispatch by reporter Jodi Andes.  The report is as follows:roger-s-faulkenberry

U.S. attorneys looking at federal guidelines to determine how much prison time four National Century executives should serve found that the calculations “are literally ‘off the charts,’ ” they wrote.

The numbers added up to life in prison for all four men who are to be sentenced this week for fraud that took down the Dublin-based health-care-financing company in 2002 and cost investors more than $1.9 billion.

The guidelines use a formula to calculate an appropriate penalty by taking into account things such as the amount of loss, number of victims and previous criminal history of the defendant.

At least 275 health-care companies collapsed after National Century Financial Enterprises filed bankruptcy.

The four to be sentenced are Donald H. Ayers, James E. Dierker Jr., Roger S. Faulkenberry and Randolph H. Speer.

The sentencing calculation for each of them “exceeds by several levels the maximum offense level (life in prison) provided in the guidelines,” Assistant U.S. Attorneys Wes Porter and Doug Squires wrote in papers filed in U.S. District Court.

National Century agreed to buy the debt, or accounts receivable, of health-care companies and give them cash to cover expenses. The companies didn’t have to wait for insurance reimbursement, and National Century kept a fee or percentage of what was collected.

But National Century executives paid themselves lavishly, lied to investors and didn’t keep enough money in reserve to cover debts.

Federal Judge Algenon L. Marbley isn’t obligated to follow the sentencing guidelines, and defense attorneys also filed arguments, urging lighter sentences.

For example, attorneys for Dierker, 40, said his involvement was largely limited to one company that was given more money than it had accounts receivable, making his role minimal.

Prosecutors appear to agree with the attorneys, Leonard Yelsky and Angelo Lonardo, stating in court records that Dierker “had less active participation in the conspiracy and a lesser sentence for him may be appropriate.”

Marbley is to sentence Dierker and Faulkenberry, 46, on Thursday and Ayers, 72, and Speer, 58, on Wednesday. On Friday, National Century’s Chief Executive Lance K. Poulsen, 65, could be sentenced to up to 35 years in prison for witness tampering.

Poulsen and his friend Karl A. Demmler, 57, tried to coerce the government’s key witness in the fraud case to fake amnesia about company dealings. Demmler also is scheduled to be sentenced Friday, but his attorney is asking for a delay.

Demmler is becoming “increasingly paranoid” and “said he’s saving his urine and drinking it to help his problems,” a jail log filed in court says. His attorney has asked the judge to order a psychological evaluation.

Faulkenberry’s attorney, Javier Armengau, also filed papers on his behalf, arguing that the sentences should be comparable to those in similar fraud cases.

Enron CEO Jeffrey Skilling was sentenced to 24 years in prison, and WorldCom CEO Bernard Ebbers was sentenced to 25 years, Armengau noted. Attorneys for Ayers and Speer also filed motions for reduced sentences. They had the filings blocked from public view, saying the documents contain personal information about the defendants.

Well…it’s been reported on December 31, 2008 (not such a good New Years Eve for these guys) – that a federal jury has found five former executives of National Century Financial Enterprises (NCFE) guilty of conspiracy, fraud and money laundering, following a six-week trial and less than two days of deliberation, Assistant Attorney General Alice S. Fisher and U.S. Attorney Gregory G. Lockhart of the Southern District of Ohio announced today.  The Columbus, Ohio, jury returned the guilty verdict on all charges contained in a 27-count superseding indictment stemming from a scheme to deceive investors about the financial health of NCFE. The company, which was based in Dublin, Ohio, was one of the largest healthcare finance companies in the United States until it filed for bankruptcy in November 2002.

Donald H. Ayers, 71, of Fort Meyers, Fla., an NCFE vice chairman, chief operating officer, director and an owner of the company, was found guilty on charges of conspiracy, securities fraud and money laundering.

Rebecca S. Parrett, 59, of Carefree, Ariz., an NCFE vice chairman, secretary, treasurer, director and an owner of the company, was found guilty on charges of conspiracy, securities fraud, wire fraud and money laundering.

Randolph H. Speer, 58, of Peachtree City, Ga., NCFE’s chief financial officer, was found guilty on charges of conspiracy, securities fraud, wire fraud and money laundering.

Roger S. Faulkenberry, 46, of Dublin, Ohio, a senior executive responsible for raising money from investors, was found guilty on charges of conspiracy, securities fraud, wire fraud and money laundering.

James E. Dierker, 40, of Powell, Ohio, associate director of marketing and vice president of client development, was found guilty on charges of conspiracy and money laundering.

The sentences these men face are as follows:

Defendants face the following maximum penalties: Donald H. Ayers, 55 years in prison and $2.25 million in fines; Rebecca S. Parrett, 75 years in prison and $2.5 million in fines; Randolph H. Speer, 140 years in prison and $4.25 million in fines; Roger S. Faulkenberry, 85 years in prison and $2.5 million in fines; James E. Dierker, 65 years in prison and $1.75 million in fines.

Now here’s the question – if Roger S. Faulkenberry is facing up to 85 years in prison for his role… how much time is Bernie Madoff facing for masterminding a $50 BILLION fraud?

Comments are welcome!


Bernie Madoff – Confined by a Prison of His Own Making – Comments by Fraud Prevention Expert Chuck Gallagher

January 15, 2009

ABC News wrote about “Bullet Proof Bernie” – nice article but predictable – here’s a link.   It seems that whenever a crime is discovered there is the public outcry for justice.  From most every angle by most media outlets, there is a profuse desire to see Bernie Madoff suffer as others have suffered at his hand or by his doing.  It is a logical desire as it is driven by human emotion.

madoff1The article states in its beginning:

The federal government today took a second shot at attempting to argue in court that alleged $50 billion fraudster Bernard Madoff ought be put behind bars while it gets its case against him into shape for court, and a second federal judge deflected the attempt to revoke the current bail conditions.

Perhaps that is the story.  Perhaps it is as simple as an eye for an eye.  Perhaps it is all about the process.  Perhaps it is more?

While fascinated with were Bernie Madoff will be temporarily imprisoned, I suggest that his incarceration began sometime back – before any of us knew the scope and maginatude of his fraud -  and has been on going – just not the way the public would like to see – as evidenced by the media frenzy.    The article talks about Bernie’s entrance into the court room with a bullet proof vest worn over his clothing.  It further goes on to describe his current method of confinement:

He is currently confined, except for court appearances, to his Manhattan cooperative apartment. There is an armed security guard on duty at all times, video cameras recording visitors at both the front and rear entrances, and Madoff also wears an electronic security ankle bracelet that would instantly notify the U.S. Marshals or the FBI if he attempted to leave the premises without permission and an escort.

All of this interest in how Bernie Madoff will be punished is certainly interesting, but fails to address the much larger issue that allows such a crime to take place in the first place.  Two questions to ponder…

  • What would motivate an otherwise intelligent, competent person to choose to defraud his friends, close business associates and disappoint those closest to him? What was in the “Mind of Madoff” that could make such a crime possible?
  • More importantly, how could very bright, influential and astute investors be taking for so much so easily?  Was the sheer masterful illusion he created so powerful that it would take down the very powerful and influential of our country?

I believe that the “why” he did it and the “how” he did it is far more important than what happens now.  Agree?

On my Facebook wall the following was written:

Chuck – well Madoff remains in home confinment. Appropriate legally. He has created his prison and its much deeper than where the government might send him. 5:53pm
Betsy Rodgers Smith at 5:55pm January 14
Agreed….he has been in the prison of his own making for a very long time.
Chuck Gallagher at 6:00pm January 14
Yes. I’ve been there (on a much MUCH smaller scale and the pain was tremendous. Odd, but I understand where he is and yet see the pain felt by his victims. Likely he will die in prison – either figuratively or literally or both.
Jimmy Carter at 6:35pm January 14
I am certain that even the luxurious walls of a Manhatten apartment will tend to grow close given a sufficient amount of time.
Terence Washington at 7:53pm January 14
They’re still “luxurious” meanwhile the unemployment line grow longer and longer. All his brethren need to be shipped off to a small island populated with wolves,sharks,weasels..so they can mingle with creatures of their own ilk.
Chuck Gallagher at 9:03am January 15
Interesting to see what responses folks feel. I had an entry on my blog that generated similar emotions. I often wondered if the person who was most critical found themselves in the shoes of the accused, would they have the same attitude for “wolves, sharks and weasels”?

By the way, Madoff is a prisoner in a nice place, but will – no doubt – be a prisoner (if he lives that long) is federal prison – and that is not so nice. I know – I’ve been there.

Terence Washington at 9:08am January 15
After reviewing my acerbic comments I would have to say I still stick by them. I mean, Madoff is the Master of his own Universe( in the scope of reality). Greed fed his universe, like it does so many people.

The bible says never judge “lest he be judged”, but I’ll never ever ever( cubed, squared,etc) be in a loathsome situated as Mr.Madoff–I’m way to level headed for that. His prison is his own, how he resides in or his mental anguish it is not my concern.

Chuck Gallagher at 1:17pm January 15
Fair enough…he does reside in a prison of his own doing. I wonder however if greed fed his universe or if it was fed by ego? By the way…thanks for the comments.
Ask youself this question – when you read or hear about Bernie Madoff – what emotion comes up for you.  Take the time to feel deeply.  It is far too easy to take the “I’d never do that path” than it is to explore the “whys” and “hows.”
While there will be much more to come – as this issue and case is far to complex for one writing – the real value will come in understanding the “Mind of Madoff.”   While I must be honest, I don’t know Bernie Madoff personally, I have been in his shoes.  Not proud of it, but I did  perpetrate a Ponzi scheme (for which I spent time in federal prison) so I know, from experience, what is in the mind of someone who commits such a fraud, and likewise, how easy it is to achieve. Today I help organizations prevent fraud and deal with ethical issues.  See here.
Madoff set a standard that will be written about for years.  The people he defrauded will suffer the consequences of his actions and their inactions.  As for Bernie’s future…  well he is already in prison – a prison of his own doing.  He will be cut off from life as we (who are free) know it.  That disconnection is more painful than you can imagine.  He will be reduced to a number and sent to federal prison where – he will likely die.  The bright young man who faced a bright future at 22 when he first started investing will leave this world, more than likely, the shell of a man who will be remembered for the illusion he created.
For all involved it is sad…

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