Review and Analysis of OCIE Examinationsof Bernard L. Madoff Investment Securities,LLC
On June 25, 2009, the Securities and Exchange Commission’s(“SEC” or “Commission”) Office of Inspector General (“OIG”) retained theservices of a team of experts at FTI Consulting, Inc. (“FTI Engagement Team”) toassess the adequacy of examinations conducted by the SEC’s Office ofCompliance Inspections and Examinations (“OCIE”) in response to complaintsregarding the activities of Bernard L. Madoff (“Madoff”) and his investment firm,Bernard L. Madoff Investment Securities, LLC (“BMIS”).
The FTI Engagement Team reviewed the OIG’s Report ofInvestigation dated August 31, 2009, including related findings, exhibits, witnesstestimony and supporting documentation, and analyzed the workpapers fromOCIE’s examinations of Madoff, OCIE’s manuals, OCIE’s guidance documentsand policies, and other governmental and private reports relating to examinationprograms. In addition, the FTI Engagement Team interviewed over a dozen keyOCIE managers and staff to gain an understanding of the OCIE examinationprocess.
The FTI Engagement Team found that OCIE examiners made criticalmistakes in nearly every aspect of their examinations of Madoff and BMIS andmissed significant opportunities to uncover Madoff’s Ponzi scheme. The FTIEngagement Team concluded that OCIE examiners did not properly plan orconduct their examinations of Madoff, and because of these failures, were unableto discover Madoff’s fraud.The following is a summary of many of the specific findings in this report. TheFTI Engagement Team found that OCIE did not properly evaluate the informationprovided in 2001 news articles that raised significant red flags about Madoff’soperations. The FTI Engagement Team explained that information receivedrelating to a potential violation must be properly vetted and opined that in thecase of the 2001 articles about Madoff, there was sufficient detail in these articlesto warrant additional scrutiny due to the red flags raised.The FTI Engagement Team further found that OCIE did not properly evaluate acomplaint in 2003 and a referral in 2004 from highly credible sources thatprovided specific and concrete information about the possibility of Madoff notengaging in trading. The review found that given the credibility of the informationtriggering the examinations, the significant delays before the examinations
Review and Analysis of OCIE Examinations of Madoff Investment Securities, LLC September 29, 2009Report No. 468