On February 4, 2009, he testified before the United States Congress' House Financial Services Committee’s capital markets panel and on March 1, appeared on CBS's
60 Minutes. “Nothing was done. There was an abject failure by the regulatory agencies we entrust as our watchdog,” he explained in 65 pages of prepared testimony. Describing Madoff as “one of the most powerful men on Wall Street,” Markopolos stated that there was “great danger” in raising questions about him: "My team and I surmised that if Mr. Madoff gained knowledge of our activities, he may feel threatened enough to seek to stifle us.” He testified that he feared for his, as well as his family's safety, until after Madoff's arrest, when the SEC finally acknowledged that it had received "credible evidence" of Madoff's Ponzi scheme years before. He explained that Madoff's "math never made sense," that his "return stream never resembled any known financial instrument or strategy," and that Madoff wasn't making the volumes of trades he claimed.
Markopolos had originally concealed his identity from SEC regulators in May 1999, although he did meet face-to-face with SEC officials in Boston in 2000 and 2001. After the SEC did not respond, Markopolos was fearful of taking his complaints to the industry's self-regulatory authority, the National Association of Securities Dealers (since succeeded by the Financial Industry Regulatory Authority (FINRA)), because of the power Bernie Madoff's brother, Peter, had in that organization (he is a former Vice Chairman). Markopolos believed the Federal Bureau of Investigation would reject his allegations without the SEC staff's endorsement. He believed only one SEC staff member, Ed Manion, understood Madoff’s scheme and “the threat it posed to the public.” “My experiences with other SEC officials proved to be a systemic disappointment and led me to conclude that the SEC securities' lawyers, if only through their investigative ineptitude and financial illiteracy, colluded to maintain large frauds such as the one to which Madoff later confessed."
He also added that in 2005 it was Meaghan Cheung, a branch chief in the SEC’s New York office, to whom he gave his 21-page report alleging that Madoff was paying off old investors with money from fresh recruits. “Ms. Cheung never expressed even the slightest interest in asking me questions,” Markopolos said. Cheung approved an internal memo in November, 2007 to close an SEC investigation of Madoff without bringing any claim. Subsequently, she left the agency. Markopolos also testified he gave details about the case in 2005 to John Wilke, a
Wall Street Journal investigative reporter, but that it was never pursued. Markopolos testified he (anonymously) sent a package of documents concerning Madoff to former New York Attorney General Eliot Spitzer, who had successfully prosecuted a number of securities fraud cases, but that Spitzer took no apparent action, either. Spitzer's family trust had invested in Madoff.
"Government has coddled, accepted, and ignored White-collar crime for too long," he testified. "It is time the nation woke up and realized that it's not the armed robbers or drug dealers who cause the most economic harm, it's the white collar criminals living in the most expensive homes who have the most impressive resumes who harm us the most. They steal our pensions, bankrupt our companies, and destroy thousands of jobs, ruining countless lives." He testified to Rep. Gary Ackerman-D-NY that he has never been compensated for his efforts. "I did it for our (American) flag, for patriotism." Markopolos presented recommendations to improve the SEC's operations, which included mandatory department standards: Good ethics, full transparency, full disclosure, and fair dealing for all.
The SEC must establish a unit to accept whistleblower tips, and move its activity closer to financial centers away from [[Washington, D.C.]]
His testimony included a reference to another $1 billion Ponzi fraud, which he shared the following day with SEC Inspector General H. David Kotz, who gave the tips to SEC Chairman Mary Schapiro.
He also disclosed information regarding a dozen as-yet-unknown foreign Madoff [[feeder fund]]s, “hiding in the weeds” in Europe, whose silent victims likely included [[Russian Mafia|Russian mobsters]] and [[Latin American]] [[drug cartels]], “dirty money” investors. Markopolos remarked that European royal families had also lost assets.
As a result of the Madoff scandal, the SEC's chairman Christopher Cox stated that an investigation will delve into "all staff contact and relationships with the Madoff family and firm, and their impact, if any, on decisions by staff regarding the firm." A former SEC compliance officer, Eric Swanson, married Madoff's niece Shana, a Madoff firm compliance attorney.