Can Madoff’s Sentence Restore the “American Conscience?”

Published in Xinhua
(China) on 1 July 2009
by He Jingjun (link to originallink to original)
Translated from by Afra Tucker. Edited by Katy Burtner.
The hefty sentence handed down to Bernard Madoff may propel the U.S. to implement financial regulatory reforms, and it signals a turning point in the remodeling of the “American Dream.” However, since there is still much suspense surrounding the case, and the identity of those who had access to the large sums of money swindled by Madoff stills remains a mystery, it will be a long and hard road to the recovery of the American conscience.


After 20 years of deceit and a gargantuan-sized money racket scheme estimated at $65 billion, this once well-reputed and illustrious representative of the “American Dream,” former NASDAQ chair Bernard Madoff, was sentenced on June 29th by the New York Federal Court to 150 years in prison and was ordered to forfeit $170 billion in assets.

Theoretically, since the verdict rendered by a judge of Chinese descent in the court of the southern district of New York was only the first, there is still a possibility for an appeal. However, seeing that Madoff did not chose to defend his innocence after the public prosecutor leveled 11 charges against him, and his wife reached an out of court plea bargain agreement with the prosecution, the probability that the verdict will be overturned is very slight.

This “earth-shattering” verdict means that the now 71-year-old Madoff will not receive any leniency due to his advanced age, and the remainder of his years will be spent in a prison cell. From now on, all that is uncovered under Madoff’s name or in correlation to Madoff will be unconditionally sequestered and confiscated. This means that he will no longer in this lifetime benefit from the property he once enjoyed, including his yachts, villas, and other luxury items.

The tragic end of Madoff, the “American hero,” makes a mockery of the “American Dream.” Central Connecticut State University professor Matthew Warshauer writes in his article “Who Wants to Be a Millionaire: Changing Conceptions of the American Dream,” that “one component of the American Dream seems, however, to be fairly consistent: the quest for money.” It is precisely this pursuit of excessive wealth that has caused the “American Dream” to go sour, progressively losing its appeal with people in all areas of the world.* A heart enslaved by money was the right breeding ground for Madoff’s deceit.

The hefty sentence handed down to Bernard Madoff may propel the U.S. to implement financial regulatory reforms, and it signals a turning point in the remodeling of the “American Dream.” U.S. financial oversight has been reputed “the American conscience,” but it has time and time again been subject to a “forgotten conscience.” This has given rise to an increasing trend of financial fraud committed by Wall Street listed companies towards the end of the last century and the beginning of the current one. It also led to the spread of corruption among financial insurance companies on Wall Street in 2004 and facilitated an overflow of financial derivatives, creating a financial bubble and setting off the 2008 sub-prime lending crisis, which soon after evolved into a full-blown global economic crisis.

Madoff seems like an isolated case. However, judging by the breach of responsibility within the U.S. Securities and Exchange Commission (SEC), the essence and origin (of Madoff and the SEC) are one and the same. Early on in Madoff’s “child’s play” multi-level marketing pyramid/Ponzi scheme, both the media and investors had complete confidence in the SEC. Experts in the U.S. believed that it wouldn't require much to put a stop to these kinds of money rackets. After Madoff’s case broke, the chair of the SEC issued a public apology. In the days leading up to the Madoff verdict, SEC Chief Christopher Cox met with Madoff for a three hour talk. Now, since there is still much suspense and an absence of information concerning who had access to the large sums of money swindled by Madoff, it will be a long and hard road to the recovery of the American conscience.

Clearly, the entire country’s “conscience” has lost control of itself, and both the country and its people are about to suffer real catastrophe. The “conscience” of U.S. oversight agencies has been dislodged and this has given swindlers the opportunity to embark on a career. Obama has already proposed a new set of laws to reform the financial oversight system, and while they are not universally supported, it is finally a step in the right direction towards preserving the “American conscience.” When real accountability is demanded, only then can there be a real assurance of not overlooking one’s conscience. This is true not only for Americans, but all those around the world who use the U.S. dollar as their main currency.

*This sentence is indicated in the original Chinese version as part of the quotation that precedes it; however, upon inspection of the quoted article, it appears that this sentence is either an interpolation or a paraphrase by the Chinese author.


麦道夫获重刑能否重拾“美国良心”?

重刑麦道夫,或可成为推动美国金融监管制度改革、重塑“美国梦”的契机。但是,有关被麦道夫骗去的巨额资金,到底落入谁手的悬疑还未真正解开,美国良心重塑之路任重而道远。

行骗二十载,创造650亿美元的惊天大骗局,这位一度被誉为“美国梦”杰出代表的前纳斯达克主席伯纳德·麦道夫,6月29日被纽约联邦法院判处150年监禁和1700亿美元罚金。

理论上,由一名华裔法官主审的纽约南区联邦法院的判决只是一审判决,还有上诉变更判决的可能,但从麦道夫对联邦检察官提起的11宗指控没有作无罪辩护,以及其妻子与检方达成庭外辩诉交易来看,判决被逆转的可能性微乎其微。

这样“惊天动地”的判决意味着,现年71岁的麦道夫将不会因古稀之身而受到法律的怜悯,其余生将在监牢里度过。而从现在起,所有能发现的麦道夫名下或与之相关的财产都将被无限追缴充公,意味着其享用过的豪华游艇、别墅、奢侈品等财产今生不再与他有缘。

“美国英雄”麦道夫的“悲剧”性收场,戏弄了“美国梦”。康涅狄格州立大学历史学教授马修·沃肖尔在其文章《谁想成为百万富翁———变化中的‘美国梦’概念》中指出:“对金钱的追求,是‘美国梦’中不变的成分。恰恰是对财富的过度追逐,使‘美国梦’也在变味,逐步丧失了对世界各地人们的吸引力。”心被钱所役,正是麦道夫行骗的最好土壤。

重刑麦道夫,或可成为推动美国金融监管制度改革、重塑“美国梦”的契机。美国证券和金融监管被誉为“美国的良心”,但因其屡屡“失心”,才有了世纪之交华尔街上市公司风行财务欺诈,也才有了2004年之时华尔街金融保险公司的腐败流行,也才促成了金融衍生工具的泛滥,形成金融泡沫,使2008年次贷危机最后终于演变为冲击全球经济的金融危机。

麦道夫案看似独立案件,但从美国证券和交易委员会“失责”一事上看,它们的本质和起源都是一样的。早在麦道夫玩“小儿科级”的金字塔层压式“庞氏骗局”的初期,就有媒体、投资者投信于美国证交委。美国专家们认为,只要稍微认真对待,这样的骗局是行骗不了多久的。案发后,美国证交委主席一度公开向公众道歉,在麦道夫案判决前几天,证交委监察长科茨与麦道夫进行了三个小时的会谈。现在,有关被麦道夫骗去的巨额资金,到底落入谁手的悬疑还未真正解开,美国良心重塑之路任重而道远。

可见,一国“良心”失守,国家和人民将受无妄灾难;监管部门“良心”移位,骗子将粉墨登场。美国奥巴马总统已经推出新的金融监管改革法案,虽没有普遍被看好,但它毕竟朝着守护“美国良心”方向迈了一步。只有真正负起责任,才是良心不失的保障,这对美国人也是如此,对世界所有使用美元并把美元作为主要储备货币的人也是如此。(和静钧)
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