麦道夫闹剧远未谢幕

    司法部的认罪协议基于两项刑事诉讼，将彼得•麦道夫关押时间限制在10年内，并罚处没收其所有资产，以及其妻女的大部分财产。其妻玛莉安•麦道夫放弃对他们数处房产的主张，包括派克大街（Park Avenue）的公寓、纽约长岛旧西布雷的住宅和佛罗里达棕榈滩的府邸，以换取“渡过余生所需的771,733美元。”

    彼得•麦道夫的没收协议还包括沙娜出售其周末别墅所得的226万美元，那是位于纽约东汉普顿森林里的带喷浆游泳池的一套5居室豪宅。

    和父亲一样，沙娜毕业于福特汉姆大学（Fordham University）法学院，1995年加入伯父的公司，担任合规顾问的收入达每年数十万。后来又升职为BLMIS的合规总监，与父亲一起签署文件，向SEC保证麦道夫的投资顾问业务纪录是真实和准确的。他们向政府证实公司的投资顾问部门（庞氏骗局的核心）共有23个客户，管理171亿美元资产，而实际的客户数目高达4,900，按报表计算的总投资则高达680亿美元。

    如同破产托管人所指出的：“难以置信的是，她年复一年地履行合规职责，居然没有怀疑和考虑过BLMIS的投资顾问业务其实是诈骗。”托管人的诉讼谈到父女搭档的合规团队时说：“要么他们完全没有履行肩负的监督和合规职责，要么他们知道这个骗局，但却掩盖了真相。”

    科菲教授是证券法专家，他说：“检察官可以使用对其父同样的指控，也许不会寻求10年的监禁，但我能够想象检察官同样给予她承认重罪的选择。她是律师，人们不会假定律师是清白的。他们会说，就算你不知道庞氏骗局，你也应该知道这些SEC申报是虚假的。”

    安德鲁•麦道夫的兄长马克在其父被捕的两周年之际自杀身亡，兄弟俩是公司经纪、做市商和自营交易部门的联席交易总监，并坚称其部门一直盈利。他们也是关联企业麦道夫国际证券有限公司（Madoff Securities International, Ltd.）的会计长和董事。

    而实际上，根据破产托管人、SEC和司法部提交的法庭文件，安德鲁、马克和彼得主管的部门多年亏损，至少在2000到2008年间要依靠从公司的伦敦办事处和顾问业务部门转移过来的数亿美元才得以苟延残喘。有关部门称，这些资金其实属于投资者，但却被虚报为公司证券交易的利润，而实际上并不存在这些交易。

    就如托管人皮卡德所称：“也许最明显的是，作为联席交易总监，安德鲁和马克知道或者应该知道，实际上从来没有人在投资咨询部门做交易，不管是在伦敦还是纽约。”皮卡德还说，兄弟俩也知道他们的业务部门产生的净利润和其父所宣称的业绩天差地别，存在“严重的不一致”。

    沙娜•麦道夫可能面临签署虚假SEC文件的问题，安德鲁•麦道夫则更担心安丽卡•卡特里萨-皮兹提供的证词，后者是BLMIS的会计长，已经对四项指控认罪并与检察官合作，以期获得宽大处理。根据法庭文件，她主要为安德鲁兄弟俩管理的自营交易和做市业务作假账，使得这些部门看起来盈利颇多。

    破产托管人称安德鲁•麦道夫从公司取走7,400万美元，其中超过1,400万美元来自子虚乌有的股票交易盈利。安德鲁及其家族持有的投资咨询账户伪造文件，使利润的来源变成了资本增值，而不是普通的收入。这种类型的逃税可以判处5年刑期。

    沙娜•麦道夫•斯旺森和安德鲁•麦道夫的律师都没有回应《财富》杂志（Fortune）的置评要求。

    法庭将于今年10月4日正式对彼得•麦道夫宣判。

    The Justice Department deal limited Peter Madoff's prison time to 10 years in prison on two criminal counts and forced him to surrender all his assets as well as most belonging to his wife Marion and their daughter Shana, who also was a compliance officer at the Madoff firm. Marion Madoff gave up claims to their Park Avenue apartment, house in Old Westbury, Long Island, New York and their Palm Beach, Fla. mansion in exchange for being left with "approximately $771,733 to live on for the rest of her life."

    Peter Madoff's forfeiture deal also surrendered $2.26 million of Shana's money from selling her five-bedroom week-end house with a gunite swimming pool in the woods of East Hampton, New York.

    Like her father, Shana graduated from Fordham University Law School and collected hundreds of thousands of dollars a year after joining uncle Bernie's firm in 1995 as a compliance counsel. Later elevated to BLMIS compliance director, both she and her father signed documents assuring the SEC that Madoff's investment advisory business records were truthful and accurate. They certified to the government that the company's investment advisory arm -- the heart of the Ponzi scheme -- had 23 clients and $17.1 billion under management, rather than the 4,900 customers whose statements purported to represent investments of $68 billion.

    As the bankruptcy trustee put it, "It would seem impossible for her to carry out her compliance duties, year in and year out, without questioning or considering whether BLMIS's IA (investment advisory business) was a fraud." Speaking about the father-and-daughter act compliance team, the trustee's suit continues: "Either they failed completely to carry out their required supervisory/compliance roles, or they knew about the fraud, but covered it up."

    Professor Coffee, a securities law expert, says: "Prosecutors can use the same charges as they did against her father, maybe not seeking 10 years, but I could see them giving her the choice of pleading to a felony conviction on the same grounds. She is a lawyer; lawyers don't get the benefit of the doubt. They could say you knew this (SEC filing) was false, even if you did not know it was a Ponzi scheme."

    Andrew Madoff and his brother Mark, who committed suicide on the second anniversary of their father's arrest, were co-directors of trading for the brokerage, market-making and propriety trading parts of the firm, which they have claimed were consistently profitable. They also were controllers and directors of the related firm, Madoff Securities International, Ltd.

    In fact, court documents filed by the bankruptcy trustee, the SEC and the Justice Department have described the business segments overseen by Andrew and Mark and Peter as underwater for years and kept afloat by transfers of hundreds of millions of dollars from the firm's London office and from its advisory business from at least 2000 through 2008. The money, authorities say, was investors' money falsely shown as profits of the firm's securities trading, which actually was non-existent.

    As the trustee Picard states, "Perhaps most obviously, as co-directors of trading, Andrew and Mark were – or should have been –aware that no one was effecting trades within the IA (investment advisory) business, either in London or New York." The brothers also knew, Picard says, that there was a "material inconsistency" because the business segments that they ran did not generate net income that was anything close to the profits being declared by Madoff.

    While Shana Madoff faces the problem of having signed false documents to the SEC, Andrew Madoff may be more concerned about possible testimony from Enrica Cotellessa-Pitz, the controller for BLMIS who has pleaded guilty to four counts and is co-operating with prosecutors in hopes of getting a light sentence. According to court papers, she worked primarily for the businesses run by Bernie's sons, proprietary trading and market-making, and cooked the books to make those units appear more profitable.

    The bankruptcy trustee says Andrew Madoff took out nearly $74 million from the firm, including more than $14 million in profits from fake stock trades that never occurred. In those investment advisory accounts held by Andrew and his family, documents also were created to make it appear that profits were generated by capital gains, rather than ordinary income. Tax evasion of that sort can carry a five-year sentence.

    Lawyers for Shana Madoff Swanson and Andrew Madoff did not respond to requests by Fortune for comment.

    Sentencing for Peter Madoff is scheduled for Oct. 4, 2012.