But looking back several months later, he compares those hours of fun to the hours before another immense and historic tragedy.
âIt was like dancing on the foredeck of the Titanic before it hit the iceberg. For us, it hit the iceberg the next day.â
Around 8:30 A.M. on Thursday, December 11, Theodore Cacioppi, an FBI agent, along with a partner, arrived at the chic and exclusive prewar cooperative apartment building at 133 East 64th Street, a short stroll from Central Park, showed his identification to the doorman, walked through the conservative lobby with its leather chairs and an orchid in a vaseâthe orchid was Ruthâs idea (the Madoff offices always had fresh orchids on display)âand took the elevator up to the two-level penthouse, the Madoffsâ 4,000-square-foot, $7 million aerie filled with great art and priceless antiques.
With just two apartments on each floorâit was that elegant a buildingâthe feds easily found the Madoffsâ door. More visible tenants inhabited the co-op, such as Today show co-host Matt Lauer, who would later complain about his loss of privacy in having to weave his way through the small army of reporters staking out the Madoffs in order to get to his apartment.
Cacioppi, who had been with the Bureau for six and a half years and had been âpersonally involvedâ in looking into allegations against Bernie, knocked on the door, but the doorman had already telephoned up, alerting the Madoffs to their early-morning visitors. Bernie, wearing a pale blue bathrobe and slippers, had told him they were expected.
At the moment the FBI agents walked into the foyer of the Madoff apartment they already knew that Bernie had admitted his crimes to several close associates, according to Agent Capiocciâs sworn complaint and deposition that was filed with the U.S. Magistrate Judge for the Southern District of New York, Thomas F. Eaton, on the day Bernie was booked for fraud. The close associates, listed as three âsenior employees,â were known to be his sons and his brother. Peter was told first, and then Mark and Andyâpurportedly on the day of the Christmas party at which they were no-shows. Their attorney, Flumenbaum, of the prestigious Paul, Weiss, Rifkind, Wharton & Garrison firm, asserted that the brothers had no knowledge of their fatherâs criminal activity before he informed them the day of the party.
Beginning in early December, according to Capiocci, Bernie had revealed that he had been running a âseparateâ investment advisory business for clients that was not part of the Madoff firmâs trading and market-making activities, and that he had kept the financial statements for that operation âunder lock and key.â Bernie, who appeared âto have been under great stress,â disclosed âhe was struggling to obtain the liquidity necessary to meet requests for approximately $7 billion in redemptions.â Bernie said he âwasnât sure he would be able to hold it together.â
At a subsequent meeting at his apartment he informed his associatesâhis sonsâthat his investment advisory business was âa fraud,â that he was âfinished,â that he had âabsolutely nothing,â that âitâs all just one big lie,â and that he was running âbasically, a giant Ponzi scheme,â and âhad for years been paying returns to certain investors out of the principal received from other, different investors,â according to the FBI agentâs report.
Bernie stated that âthe business was insolvent, and that it had been for years,â and he estimated that âthe losses from this fraud to be at least approximately $50 billion.â Bernie claimed he had $200 million to $300 million left and he âplanned to use that money to make payments to certain selected employees, family, and friends.â
He also stated he was going to give himself up to