Scared Employees and Rule Changes
The SEC investigations made some of Bernie’s key conspirators very nervous. In
2006, O’Hara and Perez tried covering up their involvement by deleting 218 of the
225 special programs they had designed for the House 17 server.49 They refused to
create any new programs for producing fraudulent records. Bernie authorized DiPascali
to meet O’Hara and Perez’ 20 percent salary increase demand to buy their
silence.50 O’Hara withdrew $976,000 and Perez withdrew $289,000 from their respective
investment fund accounts.
Joann “Jodi” Crupi, who had worked more than twenty years for Bernie,
stepped in and agreed to help DiPascali record fi ctitious trades and client statements.
Crupi also received a 20 percent salary increase for her efforts.
A new SEC rule banned the practice of allowing an entire feeder fund to count
as one client. Instead, feeder funds had to be counted according to the number of
investors in the fund. Bernie ignored the law because he feared counting one feeder
fund as hundreds of clients would lead to greater SEC scrutiny.51 When the SEC
directly asked Bernie for a client count, he lied, stating that he had only nine clients.
After further questioning, Bernie admitted he exceeded the 15 client minimum. On
August 25, 2006, Bernie fi nally registered with the SEC, ending 45 years of illegally
operating as an unlicensed investment adviser.52