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Friehling & Horowitz, Bernard Madoff's Bogus Auditing Firm


Three days ago,  Bloomberg News reported that Bernard L. Madoff Investment Securities LLC was audited by Friehling & Horowitz, operating out of a 13-by-18 foot storefront office in New City, a suburb north of NY. The firm included one partner in his late 70s who lives in Florida, a secretary, and one active accountant.

A professional investor would know Friehling & Horowitz's opinion on Madoff's financial statements was worthless after spending less than an hour researching the firm.

Collusion is the only possible reason why Madoff got away with his scheme for so many years. 

Remember how Enron's operations were supposed to have been so complicated that no one could have possibly detected any financial problems? That was a lot of crap. Anyone who analyzed Enron's financials the year before knew the gross profit margin percentage was fast approaching zero.

Madoff knew the game was over. He staged his own demise  to make it look like he was singlehandedly running the biggest Ponzi scheme in recent memory. Madoff's sons did not confront him in his apartment and Madoff did not make a dramatic confession. The sons filed a criminal complaint to try to save their own hides.

Guaranteed the partners in that white shoe firm in Greenwich Connecticut are every bit as as crooked as Bernie.     

  


12 Comments

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In the securities transactions world, the accounting function has always supposed to have been an internal and external oversight function. That is why most of the federal and state securities laws filings require audited financial statements, even when the company is a startup and has nothing material to say.

However, sometime ago, the "audited" financial statements became more of a cover to securities issuers than something the public could rely upon. Many of the issuers' law firms have been able to convince/coerce accounting firms to provide cover for less than legal processes and less than transparent "transparency" (think Enron).

This is a problem that has been in existence for at least 25-30 years. The SEC and the financial industry have been aware of the use of accounting firms for false cover for just as long. After Enron, the SEC actually issued rules to tighten up this area, which have since been watered down or reversed or parsed to oblivion.

No matter what Wall Street or K Street say, strong regulation of our financial sector is essential to a lively and fair "free market" economy.

Wonder when our leaders will really get this??

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Of course they were crooked.

Why did anyone with half a brain invest with this guy? 10% returns every year, no understanding of his internal finances, and a unknown auditing firm....

Hmmmm.

The sad thing is that the whole country was involved in a slightly less obvious, but equally destructive fiction; that we could pile on still more debt, and never have to pay it back.

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Gee, the answer is right in front of you. We should have learned it in the S+L crisis in the 80s.

We had another chance to learn that lesson in the dot-com bubble.

And another chance with Enron, and WorldCom.

And another chance with the housing bubble.

Greed is blinding. Greed makes people not want to look too closely at what's going on.

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Accounting is supposed to use both inductive and deductive reasoning. Until there are laws put in place that compel larger corporations to undergo audits by accounting firms not of their choosing, this will never end.

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Mrs. P.,

Where's the money? The Caymans? Dubai?

Actually, from what you and others are reporting, I assume that it's been spread around Madoff's cohorts. Is there any way that it can be retrieved? Or can that only happen in a system that wants to have regulations, so that there's some semblance of fairness?

My ideal? Those who made an absurd amount of money from their "investment" give it back so that those farther down the pyramid get back their investment. Pretty naive, huh?

But this is what I've been thinking should happen with all the CDFs. Give the money back so that those who actually lost in what I can only see as gambling called insurance are made whole again.

But I have one question I haven't seen answered anywhere, and if anyone could answer it, it's you. Is this $50b real money, or is it speculative money? Is this money that Madoff told his investors they'd made, or was it money that was actually cashed out in some way?

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Mrs. P's supposition makes sense to me. Yesterday I was poking around on a site the NY Times linked to (Dealbook?) and there were a series of short articles, many with comments. One article mentioned that what is so uncharacteristic here is that Madoff admits everything - which never happens!

Well, if other crooks never claim guilt, then why else is he doing it except to try and save the skins of others?

Every time these things happen, it turns out there was lots and lots of evidence lying around that should have tipped people off.

This morning Mr. TheraP and I were trying to imagine how an extended family would spend or stash 50 billion. We imagined homes and yachts and planes and artwork. But it takes a lot of things to get to such a number.

I agree with the Facilitatrix - it's stashed somewhere or the guy had colossal losses or maybe he actually "returned" "so-called profits" on a yearly basis, thus depleting the money if he didn't get enough new customers. A mystery!

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Two comments , in conflict with one another.

oMadoff didn't necessarily spend the money. Over the years he may have lost money on the market. In fact having lost some money he may have redoubled his bets attempting to get well and instead lost at twice the rate......

oI don't believe the money is gone.Since Madoff has been lying for years why assume he's truthful now?

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I completely agree that the man cannot be trusted. Anyone who admits to scam is likely to be scamming - even in the admission. What happened here... right now it's a mystery. I was just speculating. Could be many explanations - but you and I both agree - we can't trust his.

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TheraP -

Ponzi schemes are the Circus Rule writ large. Mr. Madoff's Ponzi scheme is no exception. For a long time Mr. Madoff fooled everyone that mattered. Some were fooled by guile, others were fooled by their own willing suspension of disbelief.

Ponzi schemes work because the money from new investors is sufficient both to provide income to the old investors and to purchase enough securities to fool those inclined to make inquiry or redeem their investments.

Ponzi schemes fail when there is not enough new money to either provide enough income to satisfy investors or enough assets to cash out old investors.

Mr. Madoff confessed because in this economic environment he no longer had enough money coming in from new investors to prevent the failure of his scheme.

Mr. Madoff may have skimmed off the odd hundred million here and there but the bulk of the money he collected probably was lost in investment transactions or paid to those investors who were the first to cash outs their investments in Mr. Madoff's scheme.

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Accounting has long been the "tenth muse" of the fine arts.

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Thera, Facilitrix, Favius,

We don't have enough information to know whether the $50 billion is a good number. Madoff's clients who have come forward thought they had $24 billion invested with him. My guess is that the numbers include the original investment plus profits.

Madoff's own net worth has not been disclosed. Over the years, he may have stashed money away or put it in trust for his children. But I don't think he will be able to hang on to it.

Madoff is the one who said $50 billion. There are probably investors who lost money but don't want their names in the paper.

I'm curious if Madoff told anyone to cash out early.

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Update: David G. Friehling is a Cornell graduate as his wife, Robin Horowitz Friehling. The Horowitz in Horowitz & Friehling is probably Robin's father, the partner who is retired in Florida.

I'm guessing that Mr. Horowitz was Madoff's origianl accountant. Freihling was an '81 grad who married Robin in 1982.

The Friehlings moved from Floral Park LI to Rockland County between 1983 and 1985. Freihling & Horowitz was registered in 1988.

From what I can gather, Freihling is a recent past president of the Rockland Chapter of the NY State Society of CPAs and he is a vice president of the the Rockland Jewish Community Center.

David Freihling's neighbors and buiness associates probably regard him a upstanding member of the community.

Goes to show you never can tell.

The Madoffs used a Park Ave accounting firm, Konisberg Wolf & Co, to audit their foundation.

A substantial amount of assets were held in the name of Cohmad Securities.

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Mrs Panstreppon

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