…when it was pointed out to them and outlined and described by Harry Markopolus, and they launched an official investigation, why should investors and banks have been expected to discover Madoff’s fraudulent dealings all on their own?
But the Madoff trustee, Irving Picard, is claiming that some large Madoff investors (including brokerage customers) and banks had a duty to figure it all out, and he’s suing them under racketeering and fraud laws:
Many of the suits are based on the theory that banks and investors had a duty to investigate what Madoff was doing. Instead, Picard says, they ignored signs of possible fraud such as the con man’s “three-person accounting firm” in a “strip mall” and unusually steady results. While Picard’s strategy could lead to big payouts, the danger is that if judges reject his approach, he will get less from banks and investors in court and may be left with less leverage in any future negotiations…
JPMorgan, Madoff’s primary banker, could have stopped the fraud if it had passed on its suspicions to regulators, Picard said in his suit against the bank. On June 24 he revised the suit to triple his damage demands to $19 billion, an amount equal to all of the money investors lost in the Madoff fraud. JPMorgan should be responsible for the total because it “knew” that billions of dollars flowing through the Madoff account “could not have been linked to a legitimate business purpose,” Picard wrote.
Banks have no duty to investigate customers, JPMorgan says. Picard’s interpretation of bank law “would impose broad investigative duties on banks that do not exist,” it said in February, when it asked a district judge to pull the case out of bankruptcy court, where Picard filed it. The judge granted the request.

