Case 1 Ethics Finance Group 7
Case 1 Ethics Finance Group 7
Case 1 Ethics Finance Group 7
Giane Marie, Ibrahim Marrakchi, Hugo Mascaras, Romane Milcent, Arthur Minssie, Alexis
Noël-Lardin
We believe that the first person who is accountable for this case is Bernie Madoff. Indeed, he
used both financial tools and techniques of persuasion to achieve his fraud. Using his natural
charisma and education, he gained the trust of his investors knowing his future intention –
which relates to the two components of moral responsibility: causality and knowledge. He
also chose and prepared his plan according to Ponzi schemes, and on his own, at least of
what the inquiry states, which relates to the last component of moral responsibility,
freedom.
Though Bernie Madoff is the one who takes the most the blame, we still believe that the US
SEC has a quite strong responsibility in this case. Indeed, even if they conducted several
inquiries on Madoff’s company before the fraud was confessed, they did not uncover the
fraud before. There were other signs, such as the unusually high return rate, or the fact that
the administration of the company was not optimal, which leads us even more to say that
the US SEC is still liable in this case.
What may be the reasons that the fraud went undetected for so long?
The main reason why the fraud went undetected for that long is due to the lack of
professionality of the regulators. Indeed, governmental organizations such as the SEC had
doubt in Madoff activities since the early 90s, the first investigation took place in 1992, more
than fifteen years before Madoff confession.
Moreover, many experienced investors such as banks or insurance have been enrolled in the
fraud and automatically brought confidence and trust for potential lenders and new entrants
in this scheme.
What are possible “red flags” that you should be aware of to detect “Ponzi
schemes”
+ High returns with little or no risk: Investments with higher risks generate generally if
everything is okay, higher profits and the opposite is correct. Yet, earning high returns from
investments with low risks is in most cases very suspicious.
+ No information about the investment strategies
+ Difficulties to receive payment
+ No transparency about the use of the funds