QUOTE (devilsfan0405 @ Apr 26 2010, 08:49 AM)

Agreed 100 percent. No one is going to legitimately give you double-digit returns every year. It's just not realistic. Every fund has a bad year from time to time and bear markets are going to give your portfolio some ups and downs. I don't understand how people (many of whom were very wealthy and influential) got caught up in Madoff's scheme. There were so many red flags. Even the SEC received multiple warnings about Madoff and did nothing. I guess they were too busy downloading porn, according to the story that broke a couple of days ago.
This is why I think anyone that gets subject to a clawback has a heck of a defense. The SEC was warned several times, and did nothing. In fact one warning made it clear that Madoff would have needed to own virtually every share of every stock traded on all the exchanges in the world to pull off some of the moves he said he accomplished. That should have made someone at the SEC's hir stand up. If the police and judge of Wall Street missed it, and with a lot of power to do something about it, or at a minimum put out a low key warning about what to look for in ponzi scemes (without even mentioning Madoff's name) then how do you go back and blame folks that thought they were legitamately investing. A second strong defense is that 90-95% of Madoffs promisd returns were not outlandish. They were double digit, but barely as most were 10%. Remmber in some of these years the stock market had 30% returns.
I asked the question about how could anyone think a steady flow return like Madoff's represented legit investments. The answer was in fact that they viewed it as a super CD, safer than stock investing and without the level of returns in the stock market and of course the person noted that in many years, most in fact, returns published by mutual funds alone (not to mention hedge funds and the housing market etc) were superior. The person also saw statements that showed the false trades, hence they never questioned anything.
The funny thing here is that I had these people (mother and daughter) over to my house back in summer of 2002 and the elder woman noted to me that she was getting a steady 8-10% return on an investment, no matter what Wall Street did. Given this was after the collapse following 9/11, I had a very hard time accepting this. Madoff did lower the amounts in bad Wall Street years by a few percentage points, telling his clients that he had to guarantee lower rates because of a poor market and more conservative investments. I said to her at the time that no one could be net positive every year, let alone guarantee a net positive rate, especially between 8-12%. I just told the woman d'ont put a lot in that investment as it smelled fishy to me. My thought though was not ponzi scheme, but a dirty investor, like Paulson, who duped Goldman into doing the trading that got them sued by the SEC. Unfortunately, she did indeed put everything with Madoff, and put her daughters name on the account.