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January 30, 2009

Breaking Down Bernie Madoff P2 & 3

Posted in: politics, sec

Update: Sorry about the mis-postings here. Had an update malfunction. So some posts were updated out of order. To make it easier, Im just combining the 2 posts. Long, but less confusing.

There was a report in the WSJ today regarding possible Madoff accomplices. In it was a line, which if true, could make things interesting  for investigators.

- “ Across the hall was another room, where an old International Business Machines computer generated client statements, former employees say. Nearby was a small cluster of employees responsible for “stuffing envelopes” with client statements, according to a former employee. The IBM server operated independently from Madoff’s other computer systems but was supported by tech staffers who also did work for the stock-trading group, according to former employees.”


- If this server was operated seperately from the other Madoff corporate networks, I can tell you from years in IT the following are true:
- 1. There are untold IT techs who worked for the Madoff companies, or were outside contractors, who bitched every day about having to backup and service this computer seperately from all the others. They wouldnt be able to do remote backup or software installs and version control. They would have to physically go to the computer every day or support an admin who did. That would piss them off.
- 2. Just how old that IBM computer is will tell us volumes. If its more than a couple years old, those same techs are complaining about why its still around. If its more than a few years old, it also means they probably cant update any software running to the latest versions. Again, a red flag to the techs because it makes their job more difficult, particularly since Madoff cant plead poverty as an excuse for not upgrading
- If its a PC (the article references a computer and a server, which dont necessarily have to be PCs), is more than 5 years old and acting as a server, its running an old operating system. NT or who knows what. Heck if its more than 10 years old, it could be running OS/2 ! Regardless, those techs are not only mad for having to deal with all this ancient stuff, you know they are telling jokes about the entire situation

- 3. The age of the hardware will also tell you volumes about the origins of the software. Custom software running on an old computer means that it either can’t be upgraded because its tailored to the system, or more likely, he no longer uses that same employees , contractors or vendors to maintain it, so he has to run what he already has. There is a chance there is a programmer out there who quit because they recognized something was wrong.

- 4. Madoff is a lot more technically astute than people seem to be giving him credit for. This is from a 1999 Marketwatch interview “”We are in the process of building a new trading platform, but it’s not a ECN,” Madoff told CBS.MarketWatch.com.” Whatever software they developed to run that trading platform, he understood it and probably knew how to use it. Would it be a shock if the 1999 version of the software could run on that old IBM computer allowing him to create his own virtual market and spit out statements ? A self contained trading platform could probably handle this from A to Z ?

Maybe. Curiousity got the best of me. So I started doing some searching on the electronic trading platform Bernie built.  They called it  Primex. Its an electronic auction system for securities. According to media reports, it was the “brainchild of Bernie and Peter Madoff”

So I searched some more and saw this Feb 16th , 2000  press release: The basics of which are “SST’s B4B FIX combines robust object-oriented architecture with push-based TCP/IP messaging to provide an extremely fast and stable platform for both FIX connectivity and message processing. B4B FIX can be combined with SST’s B4B OMS(TM) in a seamlessly integrated order management system that generically integrates with B4B FIX to facilitate the straight through electronic trading process and improve the operational and connectivity efficiencies of its users.

“We are excited about satisfying Primex Trading’s strict requirements for high performance and reliability,” said Larry Gusto, President and CEO of Silicon Summit Technologies, Inc. “B4B FIX’s reputation for best performance and high-quality electronic securities trading software is the key value proposition that we offer. With B4B FIX pre-installed on the server located at broker/dealers’ premises, broker/dealers can take full advantage of the B4B FIX functionality for accessing the PRIMEX AUCTION SYSTEM.”

Some I’m thinking I may have found the company that wrote the software Madoff used on his lonely IBM Computer.  The obvious next step is to find out more about Silicon Summit. So I did a search. It’s website is gone, but there are remnants of an old site with a company history that ends a week after the Primex deal. Maybe they got acquired, but I didnt find it.  Of course in these situations, you use what limited information you have to fit the last hypothesis you made, which in my last post was that it was possible that the software company that wrote the software Madoff used for his fraud was no longer working on the code. Which would explain why he continued to use an old computer.

But wait, there’s more. So I did a search on the address of the company and boom, up comes this nugget:

STATE OF CALIFORNIA

BUSINESS, TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF CORPORATIONS
TO: Silicon Summit Technologies, Inc.
(Formerly Larry Gusto Consulting Company, Inc.)
FCCA.com, Inc.
FixConnect.com, Inc.
950 Tower Lane, Suite 1950
Foster City, CA 94404
Larry Gusto
dba Silicon Summit Technologies
1338 Orange Avenue
San Carlos, CA 94070
DESIST AND REFRAIN ORDER
(For violations of section 25401 of the Corporations Code)
The California Corporations Commissioner finds that:
1.
Larry Gusto formed several business entities, including the following:
Larry Gusto Consulting Company, Inc., a California corporation, incorporated on August
2, 1994, changed its name to Silicon Summit Technologies, Inc. (“SSTI”) on August 29,
1997. On June 21, 2000, Gusto also filed a fictitious business name for “Silicon Summit
Technologies.” On December 7, 2000, Larry Gusto incorporated FixConnect.com, Inc.,
a Delaware corporation and subsequently changed its name to FCCA.com, Inc. on
November 29, 2000. According to public records, on March 22, 2001, Larry Gusto
merged SSTI into FCCA.com, Inc. On December 23, 2002, the California Secretary of
State suspended FCCA.com, Inc. All the foregoing entities were formed and controlled
by Larry Gusto and located primarily at 950 Tower Lane, Suite 1950, Foster City,
California.
2.
At all relevant times, Larry Gusto acted as the principal, president, chief
executive officer (CEO) and agent for the above-named entities.
Larry Gusto represented to the public that SSTI “is the leading provider of
e-finance products and services” and they “also provide to the financial services
industry everything from project management and business analysis to custom software
development and systems integration.”
4.
Beginning in approximately 2000 and continuing thereafter, Larry Gusto
(“Gusto”) and/or others, acting in concert or participation with him, offered or sold
securities in the form of shares of common stock to the public and made, or caused to
be made, misrepresentations and omissions of material facts in connection with the
offers or sales of the securities to the public.
a. The misrepresentations of material facts include:
(1) SSTI was a leading provider of Financial Information Exchange
(FIX) messaging systems for electronic securities trading;
(2) SSTI had the software required for the FIX messaging system; and
(3) SSTI was in need of bridge financing and would be receiving
funding from Reuters.
b.
The omissions of material facts include:
(1) SSTI had a long-standing legal dispute with programmers over the
FIX software and a court would order an auction of the software;
(2) SSTI had a civil judgment against it relating to disputes over FIX
software;
(3) FCCA.com Inc. was a suspended corporation, not in good standing
with the California Secretary of State’s Office or the California
Franchise Tax Board;
(4) Gusto had multiple tax liens filed against him; and
(5) Gusto and his companies were defendants in several civil lawsuits.
-3-

DESIST AND REFRAIN ORDER

The California Corporations Commissioner is of the opinion that Silicon Summit

Technologies, Inc., Larry Gusto Consulting Company, Inc., FCCA.com, Inc.,
FixConnect.com, Inc., Silicon Summit Technologies and/or Larry Gusto offered or sold
the securities in this State by means of written or oral communications, which included
untrue statements of material fact or omitted to state material facts necessary in order to
make the statements made, in the light of the circumstances under which they were
made, not misleading, in violation of section 25401 of the Corporate Securities Law of
1968.
Pursuant to section 25532 of the Corporate Securities Law of 1968, Silicon Summit
Technologies, Inc., Larry Gusto Consulting Company, Inc., FCCA.com, Inc.,
FixConnect.com, Inc., Silicon Summit Technologies and Larry Gusto are hereby ordered to
desist and refrain from offering or selling or buying or offering to buy any security in the
State of California by means of any written or oral communication which includes an untrue
statement of a material fact or omits to state a material fact necessary in order to make the
statements made, in the light of the circumstances under which they were made, not
misleading.
This Order is necessary, in the public interest, for the protection of investors and
consistent with the purposes, policies, and provisions of the Corporate Securities Law of
1968.
Dated: June 25, 2003
Los Angeles, California
DEMETRIOS A. BOUTRIS
California Corporations Commissioner
By_______________________________
ALAN S. WEINGER
Supervising Counsel
Enforcement and Legal Services

Let me clear. This could all be a BIG BAG OF NOTHING and probably is. But you have to admit, its sometimes a long strange search trip we undertake when we are curious and have a search engine handy.

Update: dec 2009. As far as I know, this is a big bag of nothing and Larry Gusto is not involved at all in any of this madoff mess. Just an unfortunate random link



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