Last night Frontline broadcast a report entitled "The Madoff Affair." It was an interesting program even for those of us who have followed the story closely. On topic for this forum was a discussion regarding how Madoff was able to get away with selling securities without those securities being registered with the SEC. It was stated that there is an "intrastate exemption" but that it applies only to if the security is sold to 15 or fewer customers. The SEC has no explanation as to why they allowed Madoff to sell unregistered securities to thousands.
So, could something like this have possibly happened?:
Prosper: We're reopening. The intrastate exemption allows us to sell securities to California investors only. We have California's permission. Suck it, SEC.
SEC: Are you going to sell your securities to more than 15 Californians?
Prosper: Uh, yeah.
SEC: Then you have to register with us.
Prosper: We're closed again.