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Measuring Madoff

By Scott Burns

Measuring MadoffMedia accounts immediately labeled the disappearance of $50 billion, masterminded by Bernard Madoff, as "the largest fraud in history." It is a greater wealth loss than having a household name company -- such as Walt Disney, Anheuser-Busch or Boeing -- vanish without a trace.

The loss is mind-boggling. But the figure does nothing to convey the damage this man has done.

One way to measure the extent of the damage is to compare the $50 billion to measures of loss in the FBI's Uniform Crime Reports. In 2007 there were 9.8 million crimes against property in the United States. This included about 2.2 million burglaries, 6.6 million larceny-thefts and 1.1 million car thefts.

I think you'll agree that 9.8 million crimes represent a veritable army of miscreants. In spite of that, our total losses to property crimes in 2007 were a mere $17.6 billion. To be sure, it didn't feel "mere" if you suffered a burglary. The average loss was $1,991. Nor was it "mere" if you were one of the 6.6 million people who suffered a larceny-theft. In those, the average loss was $886.

But when you add all the losses in 9.8 million common property crimes, it's just a fraction of the estimated $50 billion loss attributed to Bernard Madoff.

Perhaps 2007 was an "off" year for theft?

Well, there was a slight decline in the number of crimes, but not in the amount lost. In 2006 the report shows nearly 10 million crimes against property and losses of another $17.6 billion. Similarly, the 2005 report shows nearly 10.2 million crimes against property and a total loss of $16.5 billion.

Add the three years and you get $51.7 billion. Using that value, Bernard Madoff has caused losses equal to all the losses caused by all the conventional thieves in America for nearly three full years.

We get a different perspective by reading the annual report of the Securities and Exchange Commission. That's the federal agency charged with protecting investors. In the listing of "enforcement milestones," the 2008 report proudly notes that it had "obtained orders in SEC judicial and administrative proceedings requiring securities violators to disgorge illegal profits of approximately $774 million and to pay penalties of approximately $256 million."

In other words, the total recovery of the entire agency, in a full year, was about 2 percent of what Bernard Madoff -- the guy they didn't notice -- made disappear.

This leaves us with two really big questions.

First: What can be done to keep America from becoming a Coffee Can Economy?

I'm serious. Right now all we know is that nothing is trustworthy. Not our political leaders. Not our business leaders. Not the government or private institutions that are supposed to provide oversight and evaluation.

Can anyone, from any of these institutions, give us any reason not to keep what savings we have buried in a coffee can rather than entrusted to the institutions that have destroyed the most fundamental element of commerce -- trust?

The answer is a flat "No."

Second: In the matter of Bernard Madoff, how can the punishment possibly be fit to the crime?

To me, this begs for a punishment that is both cruel and unusual.

Does life without parole in a gentleman's federal prison cut it? I don't think so. Does life without parole in a facility devoted to violent petty criminals sound better? Yes, but the improvement is slight.

In medieval times a man who committed murder or treason could be declared an outlaw. This literally meant he was outside the law, no longer protected by the laws of his society. His property was forfeit. No one was allowed to provide him with food, shelter or aid. And anyone who found him could kill him.

When you look at the damage done, this wouldn't be a cruel or unusual punishment. It fits the crime. It's what we need for white collar financial criminals.

If you think I'm in a rage about this, you're right.

But I bet you are too.

On The Web

New York Times story, largest fraud in history:

2007 Uniform Crime Reports--- Property:

2006 Uniform Crime Reports--- Property:

2005 Uniform Crime Reports--- Property:

A new high in prison population, 2.3 million:

Department of Justice figures on prison population:

SEC enforcement milestones for 2008:

SEC budget request for 2008:

Definition of "outlaw" in medieval times:

Only published comments... Dec 26 2008, 03:00 PM by admin


Comments

 

pantograph said:

This is a nice perspective, but even $50B is chump change compared to the losses from equally fraudulent activities surrounding toxic junk mortgage debt.
December 27, 2008 1:05 PM
 

Dick Dunavan said:

There would be nothing that could be described as cruel and unusual punishment for Madoff. Life in Guantanamo with a daily routine of the "non-torture" exercise prescribed by our Evil Empire lame duck VP would seem to fit the crime. Regardless, I enjoy your column and living with my delayed retirement while I wait for my 201 to to head North. And yes I am one of those "whiners" Pillsbury Graham mentioned
December 30, 2008 1:36 PM
 

rmyork said:

I'd be more inclined to direct punishment at the institutions who are supposed to be watching the hen house.
December 31, 2008 11:40 AM
 

evanschas said:

What a perfect name - Madoff, as in, "I Made Off with the money." Here 's a suitable punishment for him. He and his family should be moved to public housing in the city where he lives and he should be required to work a 40-hour week at a minimum wage job with no benefits. They should all be required to live on what he earns and attend local schools. Then, and only then, will he begin to know what has happened to our economy because of people like him, and what happens to families when they cannot earn a living wage. He will soon be living in fear - fear of not enough money and fear of what will happen to his family. Let's see how well he does without enough money for decent food, dental care, medical care, housing, schooling, transportation, winter coats and boots. In fact, they can all work minimum wage jobs and try to make ends meet. He needs to know how many millions of people live like this and how they suffer and how families are destroyed because they cannot make a decent, living wage. Well, Wall Street took care of the tyranny of the shareholder, didn't they? I shudder to think what our once-great country is coming to - rotting from the inside like the Roman Empire. Some day in the future, people will be walking through our ruins and wondering what could have happened, just like Pompeii (a volcano of another sort). Use or edit any part of this you care to. I am outraged, just as you are, and I see no solution(s). Where are we headed? Thanks for listening. J Evans P. S. I love your columns.
January 5, 2009 3:26 PM
 

DIY said:

I agree with evryone about a suitable punishment for Madoff AND HIS FAMILY! However, I see no remarks about how, why all the victims found them selves in this predicament. Two things which most investors know but these victims overlooked: diversify and don't get too greedy.
January 6, 2009 9:50 PM
 

scottb said:

I'm writing a follow-on column because more than 2,900 readers have sent comments. I'm clearly not the only person enraged by Madoff but there are some very good observations (as well as punishments I could not put in print) in the sampling of reader comments I've read.

January 7, 2009 5:50 PM

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