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Goldman Case Is Likely Tip of the Legal Iceberg
Shareholder suits, criminal indictments likely after fraud allegations
WASHINGTON - The fraud charges against Goldman Sachs & Co. that rocked financial markets Friday are no slam dunk, as hazy evidence and strategic pitfalls could easily trip up government lawyers.
Goldman Sachs' new headquarters are seen reflected in glass in Lower Manhattan April 16, 2010 in New York City. The SEC has filed civil fraud charges related to subprime mortgages against the investment bank. Yet that hardly matters, experts
say, because the allegations will kick off a new era of litigation that
could entangle Goldman and other banks for years to come.
The charges against Goldman relate to a complex investment tied to the performance of pools of risky mortgages. In a complaint filed Friday, the Securities and Exchange Commission alleged that Goldman marketed the package to investors without disclosing a major conflict of interest: The pools were picked by another client, a prominent hedge fund that was betting the housing bubble would burst.
Goldman said the charges are "unfounded in law and fact." In a written response to the charges, the bank said it had provided "extensive disclosure" to investors and that the largest investor had selected the portfolio - not the hedge fund client. Goldman said it lost $90 million on the deal.
That doesn't contradict the SEC complaint, which says the largest investor selected the mortgage investments from a list provided by the hedge fund. And the fact that Goldman lost money has no impact on the fraud charges.
The charges will unleash a torrent of lawsuits, and likely signal that the government is prepared to file more lawsuits related to the overheated market that preceded the financial crisis, experts said.
"This is just the tip of the iceberg," said James Hackney, a professor at Northeastern University School of Law. "There are a lot of folks out there in different deals who played similar roles, and once it starts building steam, plaintiffs' lawyers will figure out this is where the money is and there should be a lot of action."
Among the legal action expected in the coming months:
Already the case has provoked legal questions from foreign governments, according to published reports. That's because the financial crisis forced many countries to bail out banks that lost money on investments arranged by Goldman.
German regulators are considering legal action against Goldman, newspaper Welt am Sonntag reported, quoting a spokesman for Chancellor Angela Merkel.
The charges would be on behalf of IKB Deutsche Industriebank AG - an early victim of the financial crisis that was rescued by the state-owned KfW development bank among others. IKB invested in the deal regulators are targeting.
The flurry of legal activity is likely to proceed separately from the SEC's case against Goldman, which experts said faces numerous pitfalls.
To prove its fraud case against Goldman, the government must show that Goldman misled investors or failed to tell them facts that would have affected their financial decisions.
The government's greatest challenge, experts said, will be boiling the case down to a simple matter of fraud. The issues involved are so complex that Goldman may be able to introduce enough complicating factors to shed some doubt on the government's claims.
"If you wanted to go after Goldman with a complaint that wouldn't stick, this would be perfect," said Janet Tavakoli, president of Tavakoli Structured Finance, a Chicago consulting firm. "If you look at these products, almost all of them look like hoaxes because of the junk inside."
Legal experts pointed to the paucity of evidence in the government's lawsuit, which contains short excerpts from e-mails but lacks key information about what the various investors knew and what actions they took.
The quality of the evidence was not clear from the complaint, said Jacob Frenkel, a former SEC enforcement lawyer now with Shulman, Rogers, Gandal, Pordy & Ecker PA.
Frenkel said there's been an uptick in "cases where the government chooses select excerpts from e-mails as the basis for its allegations only to find the balance of the text or other e-mails prove otherwise."
For example, prosecutors last fall tried unsuccessfully to use a series of e-mails to convict two Bear Stearns hedge fund executives. They wanted to convince jurors that there was behind-the-scenes alarm at the hedge funds as investments in complex securities tied to mortgages began to slide.
The jurors were not swayed. After the verdict, some jurors told reporters they found the evidence against the two executives flimsy and contradictory. Others suggested the pair were being blamed for market forces beyond their control.
Goldman already has advanced a similar argument. "Any investor losses result from the overall negative performance of the entire sector, not because of which particular securities" were in the investment pool, the bank said in a written response to the charges Friday.
That's part of a time-honored tradition of defusing accusations by bringing in details that may or may not be relevant, said James Cohen, a professor at Fordham University School of Law.
"Traditionally it's in the interest of the party that has Goldman's role to muddy the waters - it's rarely in their interest to have the picture as sharp as HDTV," Cohen said.
Several legal experts suggested Goldman and the SEC had reached an impasse over a settlement before the charges were announced. They speculated that Goldman was unwilling to admit that it allowed the hedge fund to create a portfolio of securities that was designed to fail because that admission could do irreparable harm to Goldman's reputation.
"Goldman could've easily paid a fine already," said John Coffee, a securities law professor at Columbia University. "So I don't think it's money they're fighting over."
The case has been assigned to U.S. District Judge Barbara Jones of New York. Jones is the federal judge who five years ago presided over the $11 billion criminal fraud case that toppled WorldCom Corp. and sent its former CEO Bernard Ebbers to prison for 25 years.

17 Comments so far
Show AllThis won't help the victim, This will help the Lawyer. What do you call a thousand lawyers at the bottom of the sea... not enough.?!
"All That Glitters"
YOU! Goldman Sachs, like Midas, king,
Touched the gold and made it gleam.
Those lies and buys to make it shine,
NOTHING THERE....same old line!
Like Midas, king, you'll eat the truth,
SEC.... has got the proof.
Germany, stockholders too,
Goldman Sachs, what will you do?
Like Midas, you have lost your "shine."
In Concrete blocks, you'll do your time!
"All that glitters" is not gold,
Your business sense was over sold!
Sioux Rose
The article says,"That's part of a time-honored tradition of defusing accusations by bringing in details that may or may not be relevant." I have another explanation for something that runs along similar lines: In a climate of massive fraud, how can the specifics of malfeasance be picked out... and prosecuted. Therein lies the potential legal rub.
It's hard for me to believe (although I'd certainly welcome justice's delayed arrival) that Obama, who dipped so heavily into the Goldman Sachs pot, will put muscle behind initiatives aimed at genuine reform, ones that would hold this corrupt band of nefarious bank brothers to account. I won't hold my breath. However, this news presents one instance where I'd lOVE to be proven wrong, or too cynical.
Greed has no shame
GOLDMAN SACHS, the world’s biggest investment bank that is now assailed by accusations of fraud, is poised to reignite controversy over bankers’ bonuses by paying its staff more than £3.5 billion for just three months’ work.
The bumper payouts will equate to about £110,000 a head for the firm’s 32,500 employees worldwide, with a handful of top traders expected to be in line for multi-million-pound bonuses.
Sioux: You have identified exactly the reason that this suit (or any of the other ones) won't go anywhere - as the article has told us via the following:
Reason #1 {Article quote}: 'To prove its fraud case against Goldman, the government must show that Goldman misled investors or failed to tell them facts that would have affected their financial decisions.
The government's greatest challenge, experts said, will be boiling the case down to a simple matter of fraud. The issues involved are so complex that Goldman may be able to introduce enough complicating factors to shed some doubt on the government's claims.'
"If you wanted to go after Goldman with a complaint that wouldn't stick, this would be perfect," said Janet Tavakoli, president of Tavakoli Structured Finance, a Chicago consulting firm.
Reason #2 {Article quote}: Legal experts pointed to the paucity of evidence in the government's lawsuit, which contains short excerpts from e-mails but lacks key information about what the various investors knew and what actions they took.
Frenkel said there's been an uptick in "cases where the government chooses select excerpts from e-mails as the basis for its allegations only to find the balance of the text or other e-mails prove otherwise."
Obama took far too much money from this corporation to let any harm come to it! We should be hopeful for a lot of things, my friends, but a Goldman fraud conviction isn't one of them.
Obama being Wall Street's favorite son was even brought out on NPR last night, but they left it at that -- just a simple statement. You know, the Dems are trying to portray the Repubs as the party of Wall Street for 2010. It's scary to think that there are enough dumb Americans out there to buy this BS. Not that I want the Repubs back in force (not they really ever left, mind you), but it's just frustrating to watch this. Watch for more faux outrage from Obama -- and watch the bots and other supporters fall for it. It's an ugly game of ping-pong where the rest of us get to stand in the middle and watch the punting back and forth, knowing exactly what is going on, knowing all we can do is vote third party and hope that the movement catches on.
Well, at least the case is going before a hanging judge instead of a Bush sycophant. Score one for Bill. He doesn't get many anyway.
When the people fear their government there is tyranny,
when the government fears the people there is liberty.
~ Thomas Jefferson
It's nice to see the SEC...finally do something?
"This is just the tip of the iceberg....there are a lot of folks out there in different deals who played similar roles, and once it starts building steam, plaintiffs' lawyers will figure out this is where the money is and there should be a lot of action."
Yup, just follow the money trail and you'll discover who has been franchising Financial Whore House, Inc.
As the title of this article said, this is just the tip of the iceberg.
And like all icebergs, the vast majority is unseen, and dangerous.
In all likelihood the good ship World Economy just ripped it's hull wide open, and officers and crew (politicians and bankers) are not quite running, deliberate in their haste to ensure their personal lifeboats are stocked and ready, telling the passengers (that's us) everything is fine, a minor leak, nothing to worry about...
To be absolutely honest, this news is more than a little worrisome. It means I have to move my self-reliance/preparation timetable forward considerably.
I hope this starts another slide in the stock market which ends at about 500 S & P. This type of fraud is what has caused millions of people to loose their houses and stability.
These pricks at Goldman belong in jail. Likewise, Hank and Timmy and Ben.
The law is a baby here. Even if the case succeeds it will be a whimper.
The great power lies in relationships, and they work out in history. Goldman looks grand now but it is finished historically and the executives know this. Their show of defiance in defence is too give them time to run off with the peas and leave Goldman as a shell. The 'new era of litigation that could entangle Goldman and other banks for years to come.' is just part of the game.
The solution is to mark the Goldman executives and share holders individually. Exposure is the answer. Let the government and the rest of the pack of sharks go after the company. Investors should appoint investigators to concentrate on key figures in Goldman. Their personal investments and locations need to be traced and recorded and anomalies published for all to see.
Newspapers won't do it. They will seek corruption in China and Afghanistan and Africa and Venezuela, and meanwhile disasters will happen and be blamed on others who will forthwith be attacked with machines of death and their assets exploited through puppet governments and on and on. Face it, it is a familiar and well understood scenario that only a fool or an agent dismisses as a conspiracy. It is hardly surprising in that the entire structure is owned by such as Goldman and their associates, and here lies the danger, which is that Goldman itself is the tip of the iceberg and the ice runs through the blood of the entire so-called free market social body known as the West.
It is the West that is on trial here.
Therefore we shall see what this body is in what they do in the near future. But for sure, the smell in the air at the moment is overpowering.
"The 'new era of litigation that could entangle Goldman and other banks for years to come.' is just part of the game."
James,
Just think how much more these pigs will confiscate from the lowly peons while the courts fiddle with the evidence of their fraud.
"Over the summer, Goldman suffered an embarrassment on that score when one of its employees, a Russian named Sergey Aleynikov, allegedly stole the bank's computerized trading code. In a court proceeding after Aleynikov's arrest, Assistant U.S. Attorney Joseph Facciponti reported that "the bank has raised the possibility that there is a danger that somebody who knew how to use this program could use it to manipulate markets in unfair ways." - Matt Taibbi
"This won't help the victim, This will help the Lawyer. What do you call a thousand lawyers at the bottom of the sea... not enough.?!"
Now there's a helpful contribution to solving a problem.
This problem goes way beyond the US Financial System. There are a large number of countries that have major financial problems due to Goldmanesque derivatives.
Whole countries, whole communities, whole businesses have been severely affected. Taxpayers, communities, shareholders are paying the price.
The Goldman Problem will not be restricted to the US. National courts and even the World Court may be involved. What happens when Greece, backed by the EU, brings suit against Goldman or its peers? Can the US tell Europe to stay out of a problem that has severely affected its countries or members.
Wall Street did not understand CDOs. They definitely did not understand synthetic CDOs, They created and bet against their creations and screwed the world with marketing lies and extreme fraud.
This will not be settled by the Obama regime ... It is a global problem.
Ain't this the truth! Found this by way of Matt Taibbi's blog. Dylan Rattigan's puppet show:
http://www.msnbc.msn.com/id/21134540/vp/36522064#36522064
Business as usual: court theatre, to get the audience through another election season. It works for the pharmaceutical and mining industries.