... * Business and Management Business Ethics Case: Bernard Madoff In: Business and Management Business Ethics Case: Bernard Madoff Introduction In the year 1960, with money he earned installing sprinkler systems and as a lifeguard on the beaches of Long Island, Bernard Madoff founded “Bernard L. Madoff Investment Securities,” a “trading power” house that would become one of the largest independent trading operations in the securities industry (Washington, 2012). In the year 2000 his company ranked among the top trading and securities firms in the nation. By age 70, his name had become legendary; he was considered to be one of the most “influential spokesmen” on Wall Street. But on December 11, 2008, Bernard Madoff was arrested and charged “in a 20 year Ponzi scheme, which would come to be known as “the most infamous fraud in Wall Street history (Leonard, 2008; Washington, 2012).” Mr. Madoff pleaded guilty to all federal charges filed against him, which included the following: “11 felony counts, including securities fraud, money laundering and perjury (Washington, 2012).” Judge Denny Chin was in charge of the proceedings, and on June 29, 2009, Bernard Madoff, former chairman of the NASDAQ stock exchange, was sentenced to the maximum penalty of 150 years. This paper will seek to analyze this case in its multiple dimensions in order to identify all ethical issues and propose potential alternatives to the moral choices that Bernard Madoff made. Facts Bernard Lawrence Madoff was born...
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...Bernard Madoff was either the most ethically void individual or he just had no regard for ethics. He managed to pull off one the largest Ponzi scheme in history with very little help. He had a legitimate stock trading business on one floor and his illegitimate investment management business was on another floor (Ferrell, Ferrell & Fraedrich, 2011). The top executives in the company were family which leads to the question, did they really not know? This paper will examine the origin of the Ponzi scheme, a brief history of Bernie Madoff, and the fallout as a result of his fraudulent business. A Ponzi scheme is “a fraudulent investment operation that pays returns to investors out of the money paid by subsequent investors rather than from legitimate profits (Fitzpatrick, 2010).” The Ponzi scheme was named after Carlo (Charles) Ponzi who fled Italy for America at the age of 21. In 1919 Ponzi developed a scheme to get investors to buy postage coupons in one country and then sell them for more money in another country (Wells, 2009). Instead of investing the money he used the pooled funds to pay investors. This lasted until 1920 when a federal audit confirmed he was bankrupt, he had scammed investors for more than $4 million (Wells, 2009). According to Wells (2009), the Madoff scheme “...may be the largest single fraud of any kind in history...” The estimated total of the Madoff scheme is $65 billion, it is the largest financial fraud in the history of Wall Street. On...
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...efficient than other. This case study is chronology of the largest Ponzi scheme in history. Bernie Madoff began his brokerage firm in 1960 and grew it into one of the largest on Wall Street, New York, USA .While doing so; he began investing money as a favor to family and friends, though he was not licensed to do so. Over a period of fifty years, these side investments became an investment fund that mushroomed into a $50 billion Ponzi scheme. Bernie pled guilty without a trial on March 12, 2009, and was sentenced to 150 years in prison. Thousands of wealthy clients, philanthropic organizations and middle class people whose pension funds found their way into Bernie’s investment fund lost their life savings. Background In December 2008, the highly respected American businessman Bernard Madoff made the headlines when the US authorities accused him of orchestrating a $50 billion Ponzi scheme which is the biggest financial frauds of all time and made of him “The Conman of the Century”. Bernard Madoff also called “Bernie" is a former American businessman, stockbroker, investment advisor, financier and the former non-executive chairman of the NASDAQ stock market and held a seat on the government advisory board on stock market regulation. During his entire long successful financial career Madoff has been considered as a trustworthy, well respected and responsible man. Bernie epitomized the American dream indeed he started a legal investment business in 1960 at the age of 22 years...
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...A Windfall Plagued by Poor Decisions BUOL 537: Legal, Ethical and Social Environment ABSTRACT Everyone in both the business and non-business sectors alike have probably heard of a financial ploy called a Ponzi scheme. However, many may not fully understand the details or how to protect themselves from such a financial risk. A Ponzi scheme is a fraudulent investment plan in which the investments of later investors are used to pay earlier investors, giving the appearance that the investments of the initial participants dramatically increase in value in a short amount of time. These types of financial schemes promise investors large interest returns if they provide money as a loan. As more new investors participate, the money that is contributed by later investors is paid to the initial investors, allegedly at the promised interest on their loans. This method works initially, but will then fold as more investors participate and choose to take withdrawals. Though these types of schemes have happened before, the first of this caliber was documented in the 1920’s by its namesake, Charles Ponzi. In 2008, Bernard “Bernie” Madoff was exposed for running the largest Ponzi scheme to date, conning investors out of over $65 billion over thirty years. INTRODUCTION Bernard Madoff was responsible for the largest reported Ponzi scheme in history. How did this happen? Who else knew about it? Why did it take so long for him to be exposed? This paper will endeavor to answer all of those questions...
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...Bernie Madoff: An Issue of Ethics There are many ethical issues in the world’s news today, some bigger than others, and many that get swept under the rug. One particular ethical issue is at the core of a huge story that has dominated the news for months on end and has lead to more trying times on Wall Street. The story is about Bernie Madoff and the massive effect he and his ponzi scheme had on hundreds of people who trusted him. This paper will discuss the ethical issue underlying the conflict, the damage that resulted from it, and the leadership that acted to counter suit his disaster. Bernie Madoff’s ponzi scheme is sure to go down in history as one of the largest business scandals ever and should make every person stop and make sure there ethics are in check. Bernie Madoff exploited ethical theories much like a hawk swooping down to kill its prey. Bernie’s twisting of moral philosophy, virtue ethics, universalism and business ethics controlled both common and upper classes within predominately Jewish investors, prominent social groups, banks, successful foundations and charities. He wielded his genius in investments and securities tantalizing those who could not spot his cabal. Bernie’s acute cognizance of small investors and the ruling classe’s desire to believe in moral philosophic principles, rules, and values let to the contamination of right and wrong with financial deals earning him 50-65 billion dollars. Bernie literally earned the title of greatest Ponzi schemer...
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...Review of Accounting Ethics Ethics is a very important aspect of accounting and should be taken very seriously as accountant. Shareholders, potential shareholders, and other users of the financial statements rely heavily on the yearly financial statements of a company as they can use this information to make an informed decision about investment. The opinions of the accountants who prepared the statements, as well as the auditors that verified it, to present a true and fair view of the company. Knowledge of ethics can help accountants and auditors to overcome ethical dilemmas, allowing for the right choice that, although it may not benefit the company, will benefit the public who relies on the accountant/auditor's reporting. “As part of the largest financial fraud in U.S. history involving mega thief Bernard Madoff, a New York auditor, David Friehling is facing jail time for deceiving investors by signing off on fraudulent financial statements. Mr. Friehling, 49 years old, worked for Mr. Madoff from 1991 to 2008, running his storefront operation out of an ordinary office in New City, a suburb of New York City, N.Y. Mr. Friehling is to convicted of charges including aiding and abetting investment adviser fraud, securities fraud and four counts filing false audit reports to the United States Securities and Exchange Commission. It was also found by the United States Securities and Exchange Commission that Friehling and his family had $14 million invested in the Mr. Madoff‘s...
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...Ethics: Behavior, Sustainability and Social Responsibility 2 August 2013 Abstract Though there are business leaders and philosophers that object to the belief or need of exhausting time, money or resources for the welfare of its people, be it consumers or employees, data indicates that those who do recognize their noblesse oblige will prosper (BP, pg 149). Practicing ethical business operations has been a talked about subject since the eighteenth and nineteenth centuries. Whether it is sustainability or social responsibility, approaches to business ethics have yet to be standardized. At the peak of today’s ethical environmental dilemmas stands Monsanto, the organization that prides itself on the ability to create sustainable agriculture. There are also scandals with regard to scrupulous or fraudulent investors, such as Bernard Madoff, who prosper at the expense of trusting individuals. Lending institutions have also taken advantage of the financially ill-informed consumers who have lost their homes and in some cases their families and lives as a result of subprime lending practices (cite). Toyota, who was once known as one of the world’s fastest growing auto makers (cite) deliberately ignored the safety of its consumers in effort to continue maximizing its profits. Organizations lacking business morals must understand that responsibility does not rest on one source, but rather it should be a collaborative effort between the companies, governments, and individuals...
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...Elizabeth Thomas Business Ethics February 17, 2015 Professor Mari Hadley Summary and Discussion The author provides an overview of the case of Bernard “Bernie” Madoff, a businessman and investment manager who is believed to have stolen as much as $65 billion from his investors (Stanwick & Stanwick, 2014). Bernie Madoff was operating not only the largest Ponzi scheme in history, but is also believed to have perpetrated the largest financial fraud in history. His network of investors included many prominent people from the financial world as well as the social elite. Madoff’s criminal career came to an end in 2008 when the recession developed. His supply of available funds began to diminish, and he was no longer able to pay his investors. Madoff was subsequently arrested, prosecuted, and sentenced to one hundred and fifty years in prison. The authors also discuss the question of how Madoff was able to maintain such a massive criminal operation over a twenty year period (Stanwick & Stanwick, 2014). In particular, the question is examined concerning why the Securities and Exchange Commission was not more thorough in its investigations of Madoff’s activities, especially after Harry Markopoulos had been warning the SEC for the better part of a decade that Madoff’s financial operations were questionable in nature. A discussion is also provided of how various warning signs were available, but how Madoff was able to manipulate potential investigators into failing to...
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...Professional ethics are a set of rules that concern the rights and wrongs within a given profession. They are known as the professional code of ethics or conduct. Ethics can be both, written and unwritten. The written ethics are basically the morals within a profession. On the other hand, the unwritten ethics are more personal or so obvious that they should not have to be stated. When an individual begins a new profession, they are usually aware of the professional ethics that concern their particular profession. Each individual profession has its own set of written ethics. Some of these professions include accounting, education, legal, and health care amongst many others. If the code of ethics/conduct is violated there are penalties that follow. An accountant’s professional code of conduct from The American Institute of Certified Public Accountants (AICPA) covers a variety of issues. It covers their responsibilities, the public interest, integrity, objectivity and independence, due care and the scope and nature of their services. They have a responsibility to any and all that acquire their services. Accountants also have a responsibility to preserve and strengthen the customs within the profession. As an accountant, they are committed to the well-being of the public (financial community, businesses, investors, employers, governments, creditors, and clients). They are expected to provide them with a quality service that is done with integrity. Their integrity depends upon their...
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...Abstract Bernie Madoff’s investment business began as a side business that he started to manage investments for family and friends. Through word of mouth, he began attraction outside investors and Bernard L. Madoff Investment Securities was formed. However, a few people were not fooled and saw the danger behind the facade. A few people heeded the warning sign that were evident all around Madoff. They filed reports with the SEC on several occasions but they were too inexperienced to look deeper. In the end the story holds us not because of the engrossing details of the scam, but because of its human element. Madoff emerges here not as some master criminal, but as a sad man who sad man of weak character who committed one of the crimes of the century, instead of simply telling the truth. His story is not the story of ridiculous greed but more the picture of our unlimited aptitude for self-delusion. Bernard L. Madoff was arrested in December 2008 for defrauding thousands of individuals and organizations of billions of dollars for over two decades. The part of Madoff’s investment advisory company involved in private-investment or assess-management was where all of his illicit activities were carried out. In fact, most employees had no ideal he was stealing from his clients. Madoff had perpetrated an outsized Ponzi scheme, a Brobdingnagian con game (Lewis, 2012). In March 2009, Madoff pleaded guilty of soliciting funds to buy securities and failing to invest the money...
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...David Friehling will quite possibly be a future case study in auditing textbooks and courses throughout the United States. Mr. Friehling was the auditor for Bernard Madoff, who was recently convicted of running the largest Ponzi scheme ever uncovered through his business, Bernard L. Madoff Investment Securities, LLC (BMIS). Mr. Madoff claimed to actively oversee more than $65 billion in private investments (it was later revealed that roughly $823 million remained of the more than $170 billion that went through his accounts over the years).(1) Mr. Friehling flagrantly and purposely violated provisions of the American Institute of Certified Public Accountants’ Code of Professional Conduct,(2) Generally Accepted Auditing Standards,(3) promulgations of the Public Company Accounting Oversight Board and Securities and Exchange Commission, and other applicable laws, regulations, rules, and guidelines. Mr. Friehling is a former Certified Public Accountant in New York State; he had a modest office with a total of three employees in suburban New City, NY. Mr. Madoff claimed to manage $65 billion in resources…how could what was essentially a one-person practice audit financial statements of that magnitude? The blatantly obvious answer is that Mr. Friehling could not. After accepting an engagement, the initial task for any CPA firm would be to establish an audit plan, which would plainly show that many auditors would be required for that type of engagement. There were countless...
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...| The Lie of The Century | Analysis of Bernard Madoff's Ponzi Scheme | | ' Introduction As long as the investment financial market existed, only one man was able to etched his name to the investment history as the greatest fraudster, and his name is Bernard Madoff. A brilliant fraudster that able to swindled over $50 billion from thousands of people using a type of investment fraud called "Ponzi Scheme." Using this type of investment frauds and his charming personality, Madoff stolen money from politicians, such as Senator Frank Lautenberg, famous celebrities, such as Kelvin Bacon, hedge fund directors, such as R. Thierry Magon de la Villehuchet, universities, such as Yeshiva University, banking institutions, such as Union Bancaire Privee, and charitable organizations, such as Elie Wiesel Foundation for Humanity. (Deborah & Strober, 2009) In that one day in the 11th of December in 2008, thousands people wake up to know the money that they entrusted to Madoff is nothing more than just a "lie." In other words, numbers that exist without any meaning. Madoff's Biography Born in Queens, New York, Madoff established himself from a humble blue collar workers, who earned his money from lifeguarding and installing sprinkle systems, to a genius international million dollar investor, who stolen billions of dollars from his clients. His investment firm, Bernard L. Madoff Investment Security (BMIS), based in New York, but its clients are as far as from European, South...
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...The Effectiveness of Business Ethics in Education and Today’s Workplace October 13th, 2012 Introduction What do Bernard Madoff, Kenneth Lay and Rob Blagojevich all have in common? They all operated with no apparent ethical behavior even though each had received educational backgrounds in which ethical business practices were taught. As L. Zingales states, “While every firm can have its bad apples, when these apples are at the top, it suggests that a company has either a corrupt culture or a defective selection process, or both.” (Zingales, Jul 16, 2012). In Madoffs case, the Ponzi scheme had been going on since the early 1990’s (Morrissey, Aug 11, 2009). Under the direction of Kenneth Lay, Enron- once one of the largest companies in America- collapsed in bankruptcy and ruined the lives of thousands of people (McLean & Elkind, May 18, 2006). The Chicago Tribune reported that the Illinois House of Representatives was sending to the Illinois Senate a “13 point article of impeachment-a political form of indictment-alleging Blagojevich has abused the power if his office” (Pearson & Long, Jan 9, 2009). The purpose of this paper is to gauge the Effectiveness of Business Ethics in Education and Today’s Workplace. As business students they graduate from the university setting and enter the business environment they study the ethics in their workplace culture and often find that educational ethics training does not have any value in the work world. “Studies...
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...Introduction Trevino and Nelson (2007) define ethics as the philosophical approach in which moral values are related to human conduct, with respect to the rightness and wrongness of certain actions. This definition explains that ethics are a nothing more than an indoctrinated human behavior that is base on their environmental, social, or cultural backgrounds. Humans are therefore, inherently flawed and thus, ethics becomes a huge issue in their lives as they attempt to make up for these flaws. How humans act in a given situation or how they feel about their actions, play into how they conduct themselves in their personal and business affairs. Killing, raping, and stealing are examples of such obvious actions that most people would agree are unethical. This relates to the subjective belief of rather Bernard Lawrence "Bernie" Madoff should remain in prison or out on bail because of the practicing of Ponzi schemes because it lies in the not so obvious realm of behavior. Why? There is no essential difference between someone who steals $5 and someone who steals billions it is all the same, however, in the criminal justice system the belief in crimes at different levels are arranged at different social and cultural standards. White collar vs. blue collar White collar crime is particularly interesting it provides a sharp contrast to the common crimes and street criminals that usually attract the attention of people. A white-collar is associated by individual of a higher social class...
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...Business ethics 1. Assignment 1: Questions 1) Analyzing the ethical frameworks needed in decision making, which ones best align to the eight ethical principles of the Global Business Standards of Codex. Without doubt, there always exists a dilemma when company decisions are being made. It is for this reason that ethical frameworks are utilized to ensure that appropriate decisions are made in the organization. Ethics.ubc argues that ethical frameworks act like “snake detectors.” They are there to ensure that “snakes” in the organization are easily recognized before they bite. In layman’s language, they offer guidance when making decisions. Some of the ethical frameworks put forward include: * The utilitarian approach * Rights approach * Fairness approach * Common good approach * Virtue approach Utilitarian approach This approach basically focuses on the consequences of a particular action (capsim.com). For example, it considers whether an action will eventually lead to greater good than other related actions. Therefore, the most ethical decision to be made will be that which will offer maximum benefits. Rights approach In this approach, the most ethical decision to be made will have utmost respect and protection for human rights (capism.com). In this case, people have the right to make their own decisions and everyone ought to be respected in the decisions they make. Fairness approach Just as the name suggests, fairness...
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