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Bernard Madoff and the Full-Time Equivalent of Murder

By Scott Burns

Bernard Madoff and the Full-Time Equivalent of MurderRoy Bean, the famous “hanging judge” of Texas, would be disappointed.

Most of the 3,000 readers who wrote in response to my recent column said that hanging is too good for Bernard Madoff. The same column asked readers to suggest the appropriate punishment for a crime so large.

Madoff is the alleged mastermind of a $50 billion fraud, a Ponzi scheme that left thousands of investors and many charitable foundations penniless. The dollar value of the crime is equal to three full years of all crimes against property in America--- every larceny, burglary, and auto theft. That’s about 30 million common crimes.

It boggles the mind.

Here is what I’ve been able to distill from the 3,000 reader notes.

We’re mad as hell and we’re not going to take it anymore. I simply can’t print some of the suggested punishments. They are too violent. Imprisonment at Guantanamo or Abu Ghraib was mentioned frequently.

I believe we’re at the beginning of something as powerful as the civil rights movement or the protests against the Vietnam War. The difference is that this public anger is far broader. Unlike the civil rights movement or protests against the war in Vietnam, this anger is harder to funnel into programmatic goals or civil action.

But Bernard Madoff is the $50 billion last straw. Hundreds of readers made leaps of association to corporate white collar crimes, such as Enron and WorldCom. Or to colossal institutional influence such as that wielded by Fannie Mae and Freddie Mac. Or to anger against executives being rewarded with multimillion-dollar payments even as their firms collapsed. Or to political ineptitude and corruption. Several politicians were mentioned more than once. Congressman Barney Frank may be the next Dan Rostenkowski. ( Former Congressman Rostenkowski, head of the powerful Ways and Means Committee, was surrounded, heckled and nearly attacked by outraged senior citizens in 1989.)

Many readers made the leap from a criminal Ponzi scheme to the equivalent by government. Reader B.E. suggested that Congress easily topped the $50 billion fraud, and did it annually, by putting IOUs in the Social Security Trust fund and spending the surplus employment tax receipts.

Enforced poverty may be the new punishment. Few readers felt that conventional white collar imprisonment was appropriate for a crime this large. One pointed out that Jeffrey Skilling’s sentence for Enron was nothing compared to the damage done to thousands of workers’ lives. People are looking for something tougher and more visceral.

Many suggested that Mr. Madoff and every member of his family be stripped of all wealth. Beyond that, many suggested that Mr. Madoff be forced to live with, and serve, the poorest people in our society. Reader L.B., for instance, wrote that white collar criminals should be forced to learn what real poverty means. She suggested cleaning toilets at a homeless shelter, for life.

We may soon have a financial “equivalency” for murder. People feel it isn’t right that a man can get 5 or 10 years in prison for robbing a 7-Eleven when a white collar crime can be more devastating to more people, but get a lighter sentence. As reader G.C. wrote: “You can kill someone in one of three ways: physically, emotionally or financially. But only one is punishable by death.”

We’ll be a long time figuring out the equivalences, of course, but if employers can talk in terms of “full-time equivalents” for jobs, it isn’t far-fetched to imagine that modern white collar crime may soon be seen as a new form of mass murder.

Some readers will think this is an extreme statement, so let me explain. The highest figure I could find for the value of a human life was the amounts paid out to families that suffered a loss from the 9/11 terrorist attacks. According to a 2004 study by the RAND Corp., the compensation for the average victim was $3.1 million. This is a very large multiple of more common exercises attempting to estimate the value of a human life. Yet even using this gigantic figure, the $50 billion fraud is the financial equivalent of destroying 16,100 lives.

Personally, I’m not a fan of the death penalty. As I wrote a few years ago, I think we need to buy Devil’s Island from the French and let our big cons try to survive in an island society of their own making.

On the web:

Sunday, December 26, 2008: Measuring Madoff

Sunday, November 7, 2004: It’s Time to Clean Up Their Act

RAND study of 9/11 compensation

Only published comments... Jan 16 2009, 03:00 PM by admin


Comments

 

worriedinTX said:

I think it is very interesting that in all the time the SEC has been supposedly working as a watch dog for companies like Madoff's, it has been so worthless. This company is so obviously tied into self-aggrandizement and promotion of financial institutions and the role of investment houses that it could not do a simple cross-check to actually verify that the trades Madoff was listing within the books of his company actually took place as reported. How stupid and tainted are those actions? There was NO AUDIT of any real substance done in all the years Madoff was in business...and who knows how many other financial institutions are in exactly the same situation...we have seen the debacle of how ratings of reliability meant actually nothing. The SEC should be fined so severly that the company bleeds, and actually disbanded..All heads of depts, the board--all need to go. It is worthless as a supervisory organization since it obviously sides with the companies it is supposed to oversee...
January 17, 2009 11:18 AM
 

HappilyRetired said:

How fitting that on the same page of the Dallas paper on which this article appeared where the entitlement programs were likened to government Ponzi schemes, was an article about expanding Medicare to those 55 and older. Not one word was printed about how to pay for such an expansion. As I said in my response to the author of the article, I am embarrassed at the mess I am helping to leave my children and grandchildren.
January 18, 2009 9:26 PM
 

mshideler said:

"We may soon have a financial “equivalency” for murder. People feel it isn’t right that a man can get 5 or 10 years in prison for robbing a 7-Eleven when a white collar crime can be more devastating to more people, but get a lighter sentence. As reader G.C. wrote: “You can kill someone in one of three ways: physically, emotionally or financially. But only one is punishable by death.”" That is a bit extreme. If you are physically killed there is no coming back. If you are emotionally killed there are friends, family, theropy, etc. If you are financially killed most (not all but MOST) people still have family, friends, church as well as time on their side to make a come back. I will state that while i feel bad for the people that lost money with this scheme, I also think about how stupid they were. It's called DIVERSIFY. Even though people got burned, they should have either 1) known better or 2) not invested in anything beyond a bank account until they learned about investing. How can you actually be stupid enough to invest in things you don't understand and if you do understand investing and still lost most or all your money with this fraud that means that all your eggs were in one basket. What happened to due diligence? Yes there was a crook involved, but it would have been extremely simple to prevent one from losing their shorts. It is pretty sad and one sided that the people who got screwed are not being held accountable for their role - greed made them blind just as greed drove Madoff. You wouldn't run around the city streets with a sign that says 'I am stupid and have a lot of money' would you?
January 21, 2009 12:42 PM

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