Madoff ‘victims’ do math, realize they profited

Madoff ‘victims’ do math, realize they profited

The many Bernard Madoff investors who withdrew money from their accounts over the years are now wrestling with an ethical and legal quandary. What they thought were profits was likely money stolen from other clients in what prosecutors are calling the largest Ponzi scheme in history. Now, they are confronting the possibility they may have to pay some of it back.

The issue came to the forefront this week as about 8,000 former Madoff clients began to receive letters inviting them to apply for up to $500,000 in aid from the Securities Investor Protection Corp. Lawyers for investors have been warning clients to do some tough math before they apply for any funds set aside for the victims, and figure out whether they were a winner or loser in the scheme.

Hundreds and maybe thousands of investors in Madoff’s funds have been withdrawing money from their accounts for many years. In many cases, those investors have withdrawn far more than their principal investment.

Jonathan Levitt, a New Jersey attorney who represents several former Madoff clients, said more than half of the victims who called his office looking for help have turned out to be people whose long-term profits exceeded their principal investment.

I discussed this aspect last month, the SPIC covers actual losses, not losses based upon false gains you didn’t have, I don’t think. So if you invested $100,000 and were told (falsely) it was worth $300,000 after years of gains you are not covered for $300,000. And I certainly hope the SPIC fund doesn’t payoff people who already had gains based on false accounting from Madoff.

This whole situation also points out the value of diversification. Diversification is important not just in asset classes (stocks, bonds, cash, real estate…) but in the accounts and companies with which you are dealing (I have always been a bit paranoid in this feeling, compared to others that think this level of diversification is not really needed but this is an example of the risks investments face that diversification can help manage). This is a very difficult situation for investors that had counted on assess they believed they had earned but in fact they had not.

Related: Bail us Out, say Madoff VictimsHow to Protect Your Financial HealthReal Free Credit Reportidentity theft links

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