It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
I have been watching with a mixture of awe and dismay some of the really bad analysis, sloppy reporting, and just unsupported commentary about the Goldman Sachs case.
I put together this list based on what I know as a lawyer, a market observer, a quant and someone with contacts within the SEC.
www.msnbc.msn.com...
1. This is a weak case. Actually, no — its a very strong case. Based upon what is in the SEC complaint, parts of the case are a slam dunk. The claim Paulson & Co. were long $200 million dollars when they were actually short is a material misrepresentation — that’s Rule 10b-5, and its a no-brainer. The rest is gravy.
2. Robert Khuzami is a bad-ass, no-nonsense, thorough, award-winning prosecutor. This guy is the real deal — he busted terrorist rings, broke up the mob, took down security frauds. He is now the director of SEC enforcement. He is fearless, and was awarded the Attorney General’s Exceptional Service Award (1996), for “extraordinary courage and voluntary risk of life in performing an act resulting in direct benefits to the Department of Justice or the nation.”
3. Goldman lost $90 million, hence, they are innocent. This is a civil, not a criminal case. Hence, any mens rea — guilty mind — does not matter. Did they or did they not violate the letter of the law? That is all that matters, regardless of what they were thinking — or their P&L.
4. ACA is a victim in this case. Not exactly; they were an active participant in ratings gaming. Look at the back and forth between Paulson’s selection and ACA's management. Fifty-five items in the synthetic CDO were added and removed. Why?
What ACA was doing was gaming the ratings agencies for their investment grade, Triple-A ratings approval. Their expertise (if you can call it that) was knowing exactly how much junk they could include in the CDO to raise yield, yet still get investment grade from Moody’s or S&P. They are hardly an innocent party in this.
5. This was only one incident. The market sure as hell doesn’t think so — it whacked 15 percent off Goldman’s market cap. The aggressive SEC posture, the huge reaction from Goldie, and the short-term market verdict all suggest there is more coming.
And not just at Goldman Sachs. I suspect the kids over at Deutsche Bank, Merrill and Morgan are working furiously to review their various CDO deals.
6. The timing of this case is suspect. More coincidental, really. The Wells notice (notification from the SEC they intend to recommend enforcement) was over eight months ago. The White House is not involved in the timing of the suit itself, it is a lower-level staff decision.
7. This is a complex case. Again, no. Parts of it are a little more sophisticated than others, but this is a simple case of fraud/misrepresentation. The most difficult part of this case is likely to turn on what is a “material omission.” Paulson’s role in selecting mortgages may or may not be material — that is an issue of fact for a jury to determine. But complex? Not even close.
8. The case looks thin. What we see in the complaint is the bare minimum the prosecutor has to reveal to make their case. What you don’t see are all the e-mails, depositions, interrogations, phone taps, etc. that the prosecutors know about and Goldman Sachs does not. During the litigation discovery process, this material slowly gets turned over (some is held back if there are other pending investigations into Goldman Sachs).
9. This case is political. I keep hearing that phrase, due to the SEC party vote. It is incorrect. What that means is the case is not political, it means it has been politicized as a defense tactic. There is a huge difference between the two.
Originally posted by Matrix Rising
reply to post by marg6043
What you're saying doesn't make sense.
Originally posted by Stewie
Anyone who does business with Goldman Sachs deserves to lose their money. They destroy businesses, large and small, and people's lives, rich and poor, gloating while their clients contemplate suicide for ever trusting them.
All to enrich themselves.
Insiders Sold Shares As SEC Probed Firm
Five senior executives of Goldman Sachs Group Inc., including the firm's co-general counsel, sold $65.4 million worth of stock after the firm received notice of possible fraud charges, which later drove its stock down 13%.
Sales by three of the five Goldman insiders occurred at prices higher than the stock's current level. The stock sales by co-general counsel Esta Stecher, vice chairmen Michael Evans and Michael Sherwood, principal accounting officer Sarah Smith and board member John Bryan occurred between October 2009 and February 2010. It was the most active spate of insider selling in three years, according to InsiderScore.com in Princeton, N.J., which tracks and analyzes purchases and sales of stocks by top executives and directors. - Full Text
Just a little over one year after being elected as a junior senator, in 2006 Obama was the featured guest before a private gathering of the Goldman Sachs executives in Chicago, an honor unheard of for someone that politically insignificant, speaking before the most powerful financial firm on Wall Street and one of the most powerful in the world. This was quietly reported in Bloomberg News.
from SevenThunders
A lot of people are faulting Goldman Sachs for the wrong reason. Namely that they profited over their shorting of the housing market. Without the ability to make bets against the market it would be impossible to hedge your trading account in difficult markets. It is absolutely critical for market liquidity to allow short trading. Also it is a communist mentality that plays the politics of envy card, so that folks hate anyone who makes money.
What's slimy about Goldman Sachs is that they deliberately lied to their customers and sold toxic debt packaged as quality debt. They did this to create a short position for Paulson and themselves.
The most difficult part of this case is likely to turn on what is a “material omission.” Paulson’s role in selecting mortgages may or may not be material — that is an issue of fact for a jury to determine. But complex? Not even close.
Originally posted by poet1b
Yeah, Wall Street backed Obama, rather than Hillary, but putting some money into Obama was simply hedging their bets. Whoever won the demo nom was pretty much a shoo in. It's not like Obama needed the money. How much loyalty Obama owes to them is a big question.
Here is the bigger picture. Obama has within his grasp the ability to reshape history, put himself high up on the list of great world leaders.
Do you really think Obama is going to go for the money, or history?
The SEC alleges that Goldman Sachs structured and marketed a synthetic collateralized debt obligation (CDO) that hinged on the performance of subprime residential mortgage-backed securities (RMBS). Goldman Sachs failed to disclose to investors vital information about the CDO, in particular the role that a major hedge fund played in the portfolio selection process and the fact that the hedge fund had taken a short position against the CDO.
"The product was new and complex but the deception and conflicts are old and simple," said Robert Khuzami, Director of the Division of Enforcement. "Goldman wrongly permitted a client that was betting against the mortgage market to heavily influence which mortgage securities to include in an investment portfolio, while telling other investors that the securities were selected by an independent, objective third party."
Just a little over one year after being elected as a junior senator, in 2006 Obama was the featured guest before a private gathering of the Goldman Sachs executives in Chicago, an honor unheard of for someone that politically insignificant, speaking before the most powerful financial firm on Wall Street and one of the most powerful in the world. This was quietly reported in Bloomberg News.