When the Madoff business hit the news we wrote about “trading Madoff.” Now that Madoff has been sentenced to 150 years (but not life) it is appropriate to visit the issue. There are two sides to this. First, there are a lot banks with a possible failure of due diligence as trustees of their clients’ accounts. Secondly, are there more Madoffs out there and will anticipation of their demise provide a trading opportunity?
As we said three months ago, “The number of smart people who put their money in a situation that was too good to be true, never exercised due diligence, and never questioned the results is astounding.” Now Mr. Madoff has been sentenced to the maximum number of years and lawyers for those who invested with him are looking for someone to sue.
In the wake of a stock market collapse, pension funds loosing their assets, and venerable old companies going under it is hard to know where to start. The general bad judgment seems to have been everywhere.
That will be the issue for the trader who is looking for banks, pension funds, etc. who did not exercise due diligence in investing with Madoff. Bank exposure will be with the trust departments who were to manage the estates of wealthy clients and whose lack of due diligence have lost fortunes for inheriting families.
In the wake of generally bad judgment throughout the investment community it may seem to be a hard case to make that “sticking with a winner” was a bad thing. However, due diligence would dictate that those investing other people’s money with Madoff were obliged to look closer and even to diversify assets when the accounts kept growing. This is perhaps where the bank exposure lies. If a couple of large bank trust departments had decided to move half of their assets out of Madoff’s firm the Ponzi scheme would have collapsed years ago as there were no real assets.
The Madoff sentence takes care of the director of the Ponzi scheme but not those whose greed, indifference, and stupidity cost so many so much.
As this plays out there will be items in the news and there will be fluctuations in stock prices. As bailouts have stabilized banks and there has been a reshuffling of players and with subsequent mergers the names will have changed but the liability for not exercising due diligence remains. Staying current with the various law suits may provide the astute trader with opportunities in the options market or for scalping large market moves when bits of news leak out.
What to trade. As we said months ago you will be trading news about lack of due diligence in using Madoff’s firm. Bank exposure in civil matters like the Madoff issue can take many years to settle but there will points along the way when stocks will rise and fall based upon news coming out of the various pre trial steps leading to trial itself. Usually the hype spewed by attorneys on both sides is useless except that if it is particularly sensational it could move the markets.
The side issue is what other company or stock is doing too well to be true? Keeping a healthy skepticism will help you be aware of the possibility of other company collapses and the possibility of substantial profit in their wake. Or is it at their wake?
Keep doing your home work and trade according to your plan.
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