Revitalization and specialization of the SEC
The errors and ignorance at the SEC is still the only variable proven to enable the
Madoff fraud to continue over a decade. There were probably more factors that
mattered, like corruption and loopholes therein. However, the most immediate actions
to prevent similar events of occurring must take place internally in the commission.
As stated, critics name the understaffing and lack of competence in the organization
as the main reason for not investigating Madoff.
Markopolos writes in his testimony to Congress, shortly after Madoff was sentenced,
“As is typical for the SEC, too many of the staff lawyers lack any financial industry
experience or training in how to conduct investigations. In my experience, once a
case is turned into the SEC, the SEC claims ownership of it and will no longer involve
the investigator” [16]. Obviously, seeing as the fraud was unnoticed for so long, the
SEC or even new regulators need not only more staff, but also more specialized staff
to handle future unique situations of the Madoff kind.
Since 2008, the SEC has performed a number of “post-Madoff” reforms, including
new leadership in the Enforcement division to “ensure that it focuses on significant
cases that will have a meaningful impact”. They have also started initiatives to
encourage cooperation with “insiders” as well as recruiting staff with specialized
experience [17]. All in all, the SEC has learnt its lessons from the mistakes in the
Madoff case. However, four years after the sentencing of Madoff, we still don’t know
if it has had an immediate effect on the financial industry. Quoting Bill Singer, a
securities industry attorney, “there are people on Wall Street, even as Madoff was
sentenced, who were saying that they could have pulled off what Madoff did and not
get caught” [18].
The enhancement of the SEC and maybe the start of specialized regulators seem to be
the right way to prevent future frauds, but if the risk can be fully eliminated is for the
future to find out.