Jed S. Rakoff Quotes
Once I really got into securities fraud prosecutions, I came to realize how central they were to the maintenance of a free market and how, in many ways, they are far more important to the welfare of our society than many of the more sensational criminal cases that one hears about.
Rakoff, Jed S. Why the Innocent Plead Guilty and the Guilty Go Free, and Other Paradoxes of Our Broken Legal System. Farrar, Straus and Giroux, 2021.
The then attorney general had begun a series of investigation which discovered that most of the major Wall Street brokerage houses were engaged in systematic frauds to cheat small investors. One dramatic fraud he uncovered was that the research expert analysts of major firms would recommend the stock of businesses that their firm was doing investment banking for even when they knew that the companies were not doing well or were even in deep financial trouble. See {627544}.
Marcopolos had discovered the Bernie Madoff Ponzi Scheme Fraud 9 years before the government discovered the largest consumer fraud ($68 billion) in American financial history. He repeatedly sent warnings and explanations to the SEC investigators, most of which turned out to be exactly right. They ignored all of it I an era of deregulation, and never even investigated Madoff to see if there might be anything amiss.
Marcopolos had discovered the Bernie Madoff Ponzi scheme fraud 9 years before the government discovered the largest consumer fraud ($68 billion) in American financial history. He repeatedly sent warnings and explanations to the SEC investigators, most of which turned out to be exactly right. They ignored all of it, and never investigated Madoff to see if there might be anything amiss.
At the time of this interview there had been a decade of business fraud at many different levels. The regulatory agencies supposedly responsible for the regulation had neither the staff or the political will to even enforce the laws and regulations then in existence and there were many loopholes in those. Many business interests opposed all regulation and strict enforcement as a diminution of the health of the economy. Others, like Greenspan, saw fraud as corrupting the markets themselves and therefore the usual capitalistic economic competitive forces that would control business do not operate with extensive fraud.
Jed Saul Rakoff is a Senior United States District Judge of the United States District Court for the Southern District of New York.
