DOUGLAS SHULMAN WAS MADOFF’S REGULATOR
By Chriss Street
Douglas H. Schulman, prior to his now scandalous reign as
the former Commissioner of the IRS Commission, served as the Vice Chairman of
the agency that regulated “Bernie” Madoff, who is now serving 150 year
prison sentence for embezzling $18 billion from clients in America’s greatest
Ponzi scheme.
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Shulman testified to the House Oversight and Government
Reform Committee that while serving as IRS Commissioner, he had inadvertently
ignored 132 letters from members of Congress, was unaware and 42 major press stories
on the issue, and never discussed any IRS discrimination of conservatives when
he visited the White House on average once every two weeks. When Ohio
Republican Rep. Jim Jordan reminded Shulman that he told Congress last
year, “I can give you assurances nothing is going on, everything is
wonderful, we’re not targeting conservative groups”. Shulman
answered: “I
am absolutely telling you the truth today.”
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For someone with such a poor memory, Mr. Shulman has an
impressive background. He holds a Master of Public Administration
degree from Harvard University and graduated magna
cum laude from Georgetown University Law Center.
In 1997 at the age of 30, he was appointed Chief of Staff to the National Commission on
Restructuring the Internal Revenue Service, where he pushed the
implementation of mandatory electronic filing of all tax returns. In
2000, he moved to the National Association of Securities Dealers, Inc., the
private organization assigned governmental
powers to perform regulatory oversight of securities dealers to protect
investors from fraud.
As a computer whiz-kid, Shulman made a name for himself modernizing NASD technology
to facilitate the explosive growth of commercial bank trading of derivatives
and junk bonds. In the NASD’s 2006 Annual Report, Vice Chairman
Shulman highlighted his leadership in developing the NASD’s computerized system
to monitor for fraudulent trading practices: “We
engineered our revolutionary TRACE system to shine light on formerly opaque
market.”
Douglas Shulman would also have worked closely with Bernie
Madoff, former Chairman of National
Association of Securities Dealers Automated Quotations (NASDAQ), who served
as Chairman of the powerful NASDAQ Trading Committee and key developer of their computerized
trade dissemination technology that allowed NASDAQ firms to compete with
NYSE members. With the support of the NASD, on November 1, 2006 NASDAQ
merged with the Bond Market Association in 2006 to form SIFMA.
In July 2007, FINRA became the successor to the NASD and
took over rulemaking authority for the New York Stock Exchange. As Vice
Chairman and in charge of technology, Douglas Shulman would have been directly
involved with “professional and contract services” agreement that outsourced “operation of TRACE
and the OTC Equities business by NASDAQ on behalf of FINRA.”
The Madoff
family dominated SIFMA with multiple Boards seats, donated $56,000 to SIFMA
directly and paid tens of thousands of dollars to sponsor SIFMA industry
meetings in support of expanding OTC risk trading. Madoff’s niece Shana
was a persuasive voice on the Executive Committee of SIFMA’s Compliance &
Legal Division.
In 2004 Genevievette Walker-Lightfoot, a lawyer in the SEC’s
Office of Compliance Inspections and Examinations, informed her supervisor,
Branch Chief Mark Donohue review of Madoff found numerous inconsistencies and
recommended further questioning. However, no action was taken.
Shortly thereafter Donohue’s boss, Assistant Director of the SEC Eric Swanson,
married Shana Madoff.
Given encouragement from FINRA and lax SEC enforcement,
Bernard L. Madoff Investment Securities by 2008 was siphoned off 9%, about $740
million, a day of the 2008 daily New York Stock Exchange trading volume by
paying rebates to other brokerage firms for their customers’ orders in hopes of
profiting from the spread between bid and asked prices.
Despite
being a donor to the Democrat National Committee, Douglas Shulman was
nominated by Republican President George W. Bush and confirmed by the Senate as
IRS Commissioner on Friday March 14, 2008. Four day later, the legendary
Bear Stearns Brokerage firm collapsed and the U.S. Federal Reserve was forced
to take responsibility for $29 billion of its toxic sub-prime assets.
Then Lehman Brothers filed for bankruptcy on September 15, 2008 with another
$29 billion in losses. On December 11, 2008, Bernie Madoff notified the
FBI that his investment firm was all “one big lie” and a Ponzi
scheme. Although Madoff had reported over $65 billion in trading profits
to FINRA, he pleaded guilty to 11 felonies and actually embezzling $18 billion
for hundreds of investors.
Banks, the federal government and investors suffered
horrific losses associated with Douglas Shulman’s tenure as Vice Chairman of
FINRA. At a 2010 IRS seminar Shulman said: “To
borrow an expression whose roots date back to the Middle Ages, Time and tide
wait for no man,” to explain that some things were beyond his
control. He continued on that theme this week when he refused to
apologize to Congress for IRS wrong-doing. But Shulman did acknowledge
that he was “dismayed”
and “saddened” after reading the inspector general’s report. For
Madoff victims and now IRS victims, “saddened and dismayed” does not make
restitution.
CHRISS STREET & PAUL PRESTON
Present: “The Agenda 21 Radio Talk Show”
Streaming Live Monday through Friday at 10 to Noon http://www.kcnr1460.com/
Follow Blogs: www.chrissstreetandcompany.com & www.agenda21radio.com
Present: “The Agenda 21 Radio Talk Show”
Streaming Live Monday through Friday at 10 to Noon http://www.kcnr1460.com/
Follow Blogs: www.chrissstreetandcompany.com & www.agenda21radio.com
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