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Goldman Sachs: Greedy until proven guilty (Self-interest is not necessarily law breaking)
The Economist ^ | 04/23/2010

Posted on 04/23/2010 6:30:48 AM PDT by SeekAndFind

WHEN Goldman Sachs went public in 1999 its prospectus began: “Our clients’ interests always come first. Our experience shows that if we serve our clients well, our own success will follow. Our assets are our people, capital and reputation. If any of these is ever diminished, the last is the most difficult to restore.” Only the most naive investor read that as a commitment to do-goodery rather than calculated self-interest. And only the most priggish today would argue that financial institutions are obliged to be fluffy.

That nuance matters, now that Goldman is embroiled in a scandal about mortgage securities (see article). In the court of public opinion it faces three charges. The first is that it was unkind to its institutional counterparties who bought a security that it helped arrange, and which plummeted in value when house prices fell. But it has no legal obligation to be kind, and the idea of willing counterparties, with full and accurate disclosure, each seeking to profit from the other’s inferior grasp, is central to financial markets. And if Goldman sullied its reputation, its customers can always go elsewhere.

The second charge is that Goldman helped the client on the other side of the trade profit from falling house prices. That is no crime, however, and even judged by the yardsticks of morality and economic stability, those who puffed up the housing market have more to answer for than those who bet against it.

It is the third accusation that really matters. The Securities and Exchange Commission says Goldman misled two clients by failing to give adequate disclosure. At the urging of a hedge fund, Paulson, it enlisted an insurance firm, ACA, to select (with Paulson’s input) a pool of mortgage instruments upon which the security’s price would be based. The SEC alleges that Goldman misled ACA into believing that Paulson would co-invest with it. In fact Paulson was betting that the security would decline. The SEC also claims that IKB, a German state bank with a seemingly inexhaustible capacity for self-harm, was not told of Paulson’s role in helping pick the mortgages, a role the SEC argues was material.

Broken dealer? Both of these possible offences are serious. Goldman denies the first outright, and on the second it argues that Paulson’s role was not material. The arguments appear finely balanced: the investigation has gone on for more than a year and the SEC’s top brass was divided over whether to proceed. It is impossible to second-guess the case’s outcome. But Goldman is already viewed by many as guilty. That fits a broader narrative in which it manipulated the bail-out and profited from economic misery. For those interested in accurate history, this is unfortunate. Some of Goldman’s links with the government were uncomfortably close. But the real story of this financial crisis, like many others, was not about one firm but near universal risk-taking, stupidity—and possibly widespread fraud.

History says that banks bounce back from legal problems. Goldman, however, will continue to be beaten up in public, whatever the outcome of this case. In one way, rightly so. No firm has combined such red-blooded dedication to profit and high pay with so little appreciation of the state’s generosity, in saving it from following Lehman and in propping up finance with subsidies and guarantees (which are now being reconsidered—see article). Many at the firm might wish it could go private again and recover its capitalist vim. But after a decade of huge success it is now too big to do that. It is also so dedicated to trading that it cannot go back to being a normal, boring bank. Greed and success, let alone a guilty verdict, have already pushed Goldman Sachs into a kind of prison.


TOPICS: Business/Economy; Culture/Society; News/Current Events
KEYWORDS: goldman; goldmansachs; greed; sec

1 posted on 04/23/2010 6:30:49 AM PDT by SeekAndFind
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To: Toddsterpatriot; Mase; expat_panama

Interesting read.


2 posted on 04/23/2010 6:38:09 AM PDT by 1rudeboy
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To: 1rudeboy
Some of Goldman’s links with the government were uncomfortably close.

Right.  GS donated four times as much to O's campaign.


3 posted on 04/23/2010 7:03:15 AM PDT by expat_panama
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To: expat_panama

Talk about a bad investment. :)


4 posted on 04/23/2010 7:05:54 AM PDT by 1rudeboy
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To: expat_panama

Actually, the media has been perpetuating the myth that Wall Street and the moneyed give more to the Republicans than Democrats in order to give the impression that the GOP cares only for the rich.

Of course the evidence shows the OPPOSITE. Wall Street gives MORE to the Dems that the GOP.


5 posted on 04/23/2010 7:17:02 AM PDT by SeekAndFind
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To: 1rudeboy

Rush’s take is probably right, that GS is just play-acting the part in hopes of future goodies.


6 posted on 04/23/2010 7:18:11 AM PDT by expat_panama
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To: SeekAndFind
Wall Street gives MORE to the Dems that the GOP.

Right after the Nov. '08 election Investor's Business Daily pointed out that most investors voted O.   Imho that's probably going to be different with Nov. '10...

7 posted on 04/23/2010 7:21:21 AM PDT by expat_panama
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To: SeekAndFind

Goldman misled clients by failing to give adequate disclosure,just like Obama did and yet they get nailed for it.


8 posted on 04/23/2010 8:23:47 AM PDT by Vaduz
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To: Vaduz
Goldman misled clients by failing to give adequate disclosure,just like Obama did and yet they get nailed for it.

Goldman's argument is the following :

1) The counter-parties to this CDO investment were sophistacted ivnestors themselves - ACA and the German bank KNEW the risk and had a hand in looking at what comprised the portfolio before going long on the trade. That they were on the losing side of the trade goes with every other trading risk.

2) Goldman Sachs themselves participated in the losing side of the trade and losed over $90 Million.
9 posted on 04/23/2010 8:31:36 AM PDT by SeekAndFind
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To: SeekAndFind

When one deals in stocks one must understand you are at risk of a loss.


10 posted on 04/23/2010 8:47:47 AM PDT by Vaduz
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To: SeekAndFind

It’s difficult to fathom that IKB relied on a representation that Paulson was long on the CDO to decide it was a good investment. If that’s really what happened, then the malfeasance IKB’s officers perpetrated on its shareholders is far more grievous than anything Tourre did.


11 posted on 04/23/2010 8:57:47 AM PDT by The Pack Knight (Duty, Honor, Country)
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To: Vaduz
When one deals in stocks one must understand you are at risk of a loss.

Precisely. Also, ACA and the German Bank had their own financial analysts who looked into this trade. I for the life of me can't see where Goldman went wrong here. These people who were on the losing side of the trade were not widows or orphans or ordinary men on the streets. They KNEW the risks of the trade.

Granted, John Paulson selected the securities and bet that these were going to go down eventually because he realized that a housing bubble was in the offing, but he was also make a bet in selecting these securities. If he had bet wrong, he would have lost. Also, Wall Street Journal reports that ACA and the German Bank LOOKED into the securities that comprised the CDO and accepted the long side of the trade. So, they knew the risk and decided to take it.
12 posted on 04/23/2010 8:57:55 AM PDT by SeekAndFind
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To: SeekAndFind
Wall Street gives MORE to the Dems that the GOP.

If the GOP is so pro-business, why would that be?

Maybe firms like Goldman Sachs aren't really for open and honest business policy's, but rather for regulation that favors them and their clients.

13 posted on 04/23/2010 10:22:34 AM PDT by grand wazoo
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To: expat_panama; 1rudeboy

A broker I knew would call that a stick with shit on both ends.


14 posted on 04/23/2010 1:58:12 PM PDT by Toddsterpatriot (Math is hard. Harder if you're stupid.)
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To: Vaduz
Goldman misled clients by failing to give adequate disclosure

What do you feel they failed to disclose?

15 posted on 04/23/2010 2:08:32 PM PDT by Toddsterpatriot (Math is hard. Harder if you're stupid.)
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To: Toddsterpatriot

lol!!!! —nothing like the English language for conveying so much thought with so few words....


16 posted on 04/23/2010 4:07:21 PM PDT by expat_panama
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To: Toddsterpatriot

Stocks are like keno it’s a gamble no matter how much you know about the odds it’s a risk.


17 posted on 04/24/2010 8:13:47 AM PDT by Vaduz
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To: Vaduz
Yes, stocks are risky. What does that have to do with Goldman and disclosure?
18 posted on 04/24/2010 8:27:40 AM PDT by Toddsterpatriot (Math is hard. Harder if you're stupid.)
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