Family Office
Text of Bernard Madoff's federal court statement

"Split strike conversion strategy" amounted to putting cash in a
bank acct. Bernard Madoff's prepared statement, delivered on
12 March 2009 in U.S. District Court for the Southern District of
New York.
Your Honor, for many years up until my arrest on [11 December
2008], I operated a Ponzi scheme through the investment advisory
side of my business, Bernard L. Madoff Securities LLC, which was
located here in Manhattan, New York at 885 Third Avenue. I am
actually grateful for this first opportunity to publicly speak
about my crimes, for which I am so deeply sorry and ashamed.
As I engaged in my fraud, I knew what I was doing was wrong,
indeed criminal. When I began the Ponzi scheme I believed it
would end shortly and I would be able to extricate myself and my
clients from the scheme. However, this proved difficult, and
ultimately impossible, and as the years went by I realized that
my arrest and this day would inevitably come. I am painfully
aware that I have deeply hurt many, many people, including the
members of my family, my closest friends, business associates and
the thousands of clients who gave me their money. I cannot
adequately express how sorry I am for what I have done. I am here
today to accept responsibility for my crimes by pleading guilty
and, with this plea allocution, explain the means by which I
carried out and concealed my fraud.
The essence of my scheme was that I represented to clients and
prospective clients who wished to open investment advisory and
individual trading accounts with me that I would invest their
money in shares of common stock, options and other securities of
large well-known corporations, and upon request, would return to
them their profits and principal. Those representations were
false because for many years up and until I was arrested on [11
December 2008], I never invested those funds in the securities,
as I had promised. Instead, those funds were deposited in a bank
account at Chase Manhattan Bank. When clients wished to receive
the profits they believed they had earned with me or to redeem
their principal, I used the money in the Chase Manhattan bank
account that belonged to them or other clients to pay the
requested funds. The victims of my scheme included individuals,
charitable organizations, trusts, pension funds and hedge funds.
Among other means, I obtained their funds through interstate wire
transfers they sent from financial institutions located outside
New York State to the bank account of my investment advisory
business, located here in Manhattan, New York and through
mailings delivered by the United States Postal Service and
private interstate carriers to my firm here in Manhattan.
I want to emphasize today that while my investment advisory
business -- the vehicle of my wrongdoing -- was part of my firm
Bernard L. Madoff Securities, the other businesses my firm
engaged in, proprietary trading and market making, were
legitimate, profitable and successful in all respects. Those
businesses were managed by my brother and two sons.
To the best of my recollection, my fraud began in the early
1990s. At that time, the country was in a recession and this
posed a problem for investments in the securities markets.
Nevertheless, I had received investment commitments from certain
institutional clients and understood that those clients, like all
professional investors, expected to see their investments
out-perform the market. While I never promised a specific rate of
return to any client, I felt compelled to satisfy my clients'
expectations, at any cost. I therefore claimed that I employed an
investment strategy I had developed, called a "split strike
conversion strategy," to falsely give the appearance to clients
that I had achieved the results I believed they expected.
Through the split-strike conversion strategy, I promised to
clients and prospective clients that client funds would be
invested in a basket of common stocks within the Standard &
Poor's 100 Index, a collection of the 100 largest publicly traded
companies in terms of their market capitalization. I promised
that I would select a basket of stocks that would closely mimic
the price movements of the Standard & Poor's 100 Index. I
promised that I would opportunistically time these purchases and
would be out of the market intermittently, investing client funds
during these periods in United States Government-issued
securities such as United States Treasury bills. In addition, I
promised that as part of the split strike conversion strategy, I
would hedge the investments I made in the basket of common stocks
by using client funds to buy and sell option contracts related to
those stocks, thereby limiting potential client losses caused by
unpredictable changes in stock prices. In fact, I never made the
investments I promised clients, who believed they were invested
with me in the split strike conversion strategy.
To conceal my fraud, I misrepresented to clients, employees and
others, that I purchased securities for clients in overseas
markets. Indeed, when the United States Securities and Exchange
Commission asked me to testify as part of an investigation they
were conducting about my investment advisory business, I
knowingly gave false testimony under oath to the staff of the SEC
on [19 May 2006] that I executed trades of common stock on behalf
of my investment advisory clients and that I purchased and sold
the equities that were part of my investment strategy in European
markets. In that session with the SEC, which took place here in
Manhattan, New York, I also knowingly gave false testimony under
oath that I had executed options contracts on behalf of my
investment advisory clients and that my firm had custody of the
assets managed on behalf of my investment advisory clients.
To further cover-up the fact that I had not executed trades on
behalf of my investment advisory clients, I knowingly caused
false trading confirmations and client account statements that
reflected the bogus transactions and positions to be created and
sent to clients purportedly involved in the split strike
conversion strategy, as well as other individual clients I
defrauded who believed they had invested in securities through
me. The clients receiving trade confirmations and account
statements had no way of knowing by reviewing these documents
that I had never engaged in the transactions represented on the
statements and confirmations. I knew those false confirmations
and account statements would be and were sent to clients through
the U.S. mails from my office here in Manhattan.
Another way that I concealed my fraud was through the filing of
false and misleading certified audit reports and financial
statements with the SEC. I knew that these audit reports and
financial statements were false and that they would also be sent
to clients. These reports, which were prepared here in the
Southern District of New York, among things, falsely reflected my
firm's liabilities as a result of my intentional failure to
purchase securities on behalf of my advisory clients.
Similarly, when I recently caused my firm in 2006 to register as
an investment advisor with the SEC, I subsequently filed with the
SEC a document called a Form ADV Uniform Application for
Investment Adviser Registration. On this form, I intentionally
and falsely certified under penalty of perjury that Bernard L.
Madoff Investment and Securities had custody of my advisory
clients' securities. That was not true and I knew it when I
completed and filed the form with the SEC, which I did from my
office on the 17th floor of 855 Third Avenue, here in
Manhattan.
In more recent years, I used yet another method to conceal my
fraud. I wired money between the United States and the United
Kingdom to make it appear as though there were actual securities
transactions executed on behalf of my investment advisory
clients. Specifically, I had money transferred from the U.S. bank
account of my investment advisory business to the London bank
account of Madoff Securities International Ltd., a United Kingdom
corporation that was an affiliate of my business in New York.
Madoff Securities International Ltd. was principally engaged in
proprietary trading and was a legitimate, honestly run and
operated business.
Nevertheless, to support my false claim that I purchased and sold
securities for my investment advisory clients in European
markets, I caused money from the bank account of my fraudulent
advisory business, located here in Manhattan, to be wire
transferred to the London bank account of Madoff Securities
International Limited.
There were also times in recent years when I had money, which had
originated in the New York Chase Manhattan bank account of my
investment advisory business, transferred from the London bank
account of Madoff Securities International Ltd. to the Bank of
New York operating bank account of my firm's legitimate
proprietary and market making business. That Bank of New York
account was located in New York. I did this as a way of ensuring
that the expenses associated with the operation of the fraudulent
investment advisory business would not be paid from the
operations of the legitimate proprietary trading and market
making businesses.
In connection with the purported trades, I caused the fraudulent
investment advisory side of my business to charge the investment
advisory clients $0.04 per share as a commission. At times in the
last few years, these commissions were transferred from Chase
Manhattan bank account of the fraudulent investment advisory side
of my firm to the account at the Bank of New York, which was the
operating account for the legitimate side of Bernard L. Madoff
Investment Securities -- the proprietary trading and market
making side of my firm. I did this to ensure that the expenses
associated with the operation of my fraudulent investment
advisory business would not be paid from the operations of the
legitimate proprietary trading and market making businesses. It
is my belief that the salaries and bonuses of the personnel
involved in the operation of the legitimate side of Bernard L.
Madoff Investment Securities were funded by the operations of the
firm's successful proprietary trading and market making
businesses.
Your Honor, I hope I have conveyed with some particularity in my own words, the crimes I committed and the means by which I committed them. Thank you. -FWR