harry markopolous said he handed madoff to the s.e.c. on a silver platter but they shrugged him off. while the s.e.c. has made reforms they haven't had any penalties close to what jp morgan standard? >> good evening, kelly. to a certain extent i think a lot of people watching the story may feel that it is. part of the reason the s.e.c. got a pass is that the s.e.c. obviously has the ability to take advantage of government immunity. there were such significant and blatant shortcomings as it relates to the routine examinations that were done at madoff's operations that it's really hard to believe that this was allowed to continue for as long as it has. and on this, the fifth anniversary of this story coming to light, it's really a terrible remembrance of what went on. >> herb, i'm curious about your thoughts on this one. we're talking about should we be so surprised that one part of the government isn't pointing the finger and trying to sue the other part? no. at the same time, where's the accountability? >> i don't know that you can say the s.e.c. has accountability on this. how would you hold them accountable? the people are gone. what you really have here, you go back t