Originally posted by: Lemon law
Kinda weird argument Bober is making here with, " Yes, that's exactly what's being said. Nail Madoff and anyone knowingly involved with the fraud to the wall. Any true free market supporters would demand nothing less because if they're honest with themselves, even if living by the oft repeated Caveat Emptor motto, that a fair trade cannot take place without a balance of information by both sides."
A quite self serving circular argument here with a catch 22, the only way to get the information about some individuals like Madoff's gaming the system is through government regulation, yet any free marketeer argues the free market regulates itself, and therefore government regulation is bad.
Then when the free market argument fails big time, somehow we have someone like Bober trying to say we free marketers were right all along????????????
Pardon me me Bober, your argument does not compute. A good smoke screen maybe at best. But all in all, about as substantial as smoke. Punishing Madoff after the fact is not the point, he never should have been allowed to game the system in the first place. And all of Madoffs screams of horror will not feed a single bulldog or compensate a single ripped off investor. Face the facts, the free market laid an egg all over your argument.
Regulations are really nothing but rules.
Why make more rules when you can't enforce the ones you already have?
We have rules against fraud, they just need to be enforced.
The SEC could have done it.
Heck, so could the AG, or any number of state agencies (most states have their own parallel bureaucracies like state AGs, state FBI, state SEC etc).
Madoff violated all kinds of rules covered by any number of agencies (Fed & State).
Fix the agencies we have before running off and creating new ones. If these agencies need more 'teeth' consider it and give it to them if appropriate. I listened to the SEC getting grilled by Congress and don't remember hearing them argue about not having enough teeth to deal with the problem. Sounded to me more like a case of 'asleep at the wheel'.
I also think it pertinent to note how many people were involved in this, and that multiple safeguards failed. Sounds like a number o fpeople were complicit in perpetrating fraud, a number of employees were in collusion, and the CPA/Audit firm dropped the ball too.
Much to fix before marching off to write a new set of rules and washing hands of it proclaiming 'problem fixed'. And by 'fix' I mean convictions of those who colluded, suits and other sanctions against the accounting firm and swift kick to the buttocks of SEC people.
Fern