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SEC Charges Goldman Sachs with Fraud

The Washington Post reports, SEC Accuses Goldman Sachs of Civil Fraud:

The Securities and Exchange Commission announced Friday civil fraud charges against Goldman Sachs and one of its vice presidents. The agency alleges that the company marketed complex subprime mortgage securities and failed to disclose to investors that a major hedge fund had bet against the securities.

Goldman Sachs shares fell 7.4 percent.

Goldman was down 7.4% and is now down 14%!! This opens an enormous can of worms for the entire industry.

What other dealers engaged in similar activities? Hedge fund manager John Paulson, who made billions in shorting the sub-prime market, is being tied to this investigation. If Paulson aided and abetted a fraud, then he deserves to pay in spades. Sense on Cents will be monitoring closely. If it is deemed that Goldman did commit fraud, all people involved are supposed to pay with more than just fines.

Let’s go back to March 2, 2010 when I appeared on CNBC’s Street Signs and warned of Goldman’s greatest risk (at the 3-minute mark of the video):

When you sleep with dogs, you wake up with fleas.

LD

Related Sense on Cents commentary:
A Wall Street Insider’s Views on Goldman Sachs

  • Senneth

    Hooray!  Thanks for letting us know, Larry.  It was great seeing you and putting more of a face to you than from your web page, and to hear you speak.  Always love your posts.

  • jbjd

    Yee Haw!  In civil fraud, the legal standard the Plaintiff must meet in order to establish liability is “clear and convincing” evidence, and not “beyond a reasonable doubt.”  Got that GS?  We’re talking anything over the 51% or so mark; makes more likely than not, you committed this fraud.  (Easier to prove civil fraud but, I sure wish, criminal could be on the table.)

  • truthtelling007

    Shouldn’t this require a mandatory hearing with Tim Geithner and Henry Paulson?

  • No Longer Banned in Beantown

    At what point are they going to charge the individuals with criminal fraud? There should be some jail time comming for these fellas, a nice cot next to Bernie.

  • jbjd

    Please read the WaPo article.  It spells out exactly what GS is being accused of.  (The hedge fund that paid GS to bundle those bad mortgages and sell them as investments; was actually betting against them, knowing they were junk.  GS sold them without advising the purchasers, the company that bundled these is betting against them.  Did GS KNOW these were junk; or did they really believe they were good investments?  In that case, their only fraud was in not telling purchasers, the hedge fund that formed the bundles was betting against their handiwork.  But, what if everyone on Wall Street who was buying/selling these toxic bundles KNEW this was junk; and wanted to make as much money as they could from trading these bundles, before everyone knew these were junk and the bottom fell out of the housing market?  Maybe GS is going first to make a deal for the civl fraud; and later, the SEC will ask the U.S. Attorney to go after the remaining players for criminal fraud.  Hmmm…  (I like all this talk about fraud; I have been yelling election fraud viz a viz the ballot, since the summer of 2008…)

  • jbjd

    Please read the WaPo article.  It spells out exactly what GS is being accused of.  The hedge fund that paid GS to bundle those bad mortgages and sell them as investments; was actually betting against them, knowing they were junk.  GS sold them without advising the purchasers, the company that bundled these is betting against them.  Did GS KNOW these were junk; or did they really believe they were good investments?  In that case, their only fraud was in not telling purchasers, the hedge fund that formed the bundles was betting against their handiwork.  But, what if everyone on Wall Street who was buying/selling these toxic bundles KNEW this was junk; and wanted to make as much money as they could from trading these bundles, before everyone knew these were junk and the bottom fell out of the housing market?  Maybe GS is going first to make a deal for the civl fraud; and later, the SEC will ask the U.S. Attorney to go after the remaining players for criminal fraud.  Hmmm…  (I like all this talk about fraud; I have been yelling election fraud viz a viz the ballot, since the summer of 2008…)

  • Craig Della Penna

    Larry, it looks like my prediction on your site about the banksters may be coming true: jail may be the safest place for them.

  • Larry Johnson

    Good call LD.  Nothing like being prophetic.

  • janicen

    Who wants to bet that Goldman Sachs made money on the fall in their own stock price? I’ll bet that somewhere, one could find that they shorted themselves and made millions on their own misfortune.

  • sowsear

    On another note, Feds indite ex-Blackwater chief:

    http://news.yahoo.com/s/ap/20100416/ap_on_bi_ge/us_blackwater_probe

  • sowsear

    On another note, Feds indict ex-Blackwater chief: 
     
    http://news.yahoo.com/s/ap/20100416/ap_on_bi_ge/us_blackwater_probe

  • sowsear

    Not only that, GE filed over 7000 tax returns last year, and paid no, zero, zilch in taxes.
    http://money.cnn.com/2010/04/16/news/companies/ge_7000_tax_returns/index.htm

  • AC

    How many points are you giving janicen?

  • Ferd Berfle

    Sowsear:

    I know the opinion I am going to express now will probably get me a lot of flack, but I think any person, LLC, and corporate entity  (enforcement of copyright, patent, etc.) that receives benefit from the United States government ought to pay some sort of tax. I, personally, don’t mind paying my fair share–so long as others also pay and that the tax is reasonable. Everyone should pay something, even if a mere pittance and no one should pay zero (0).

  • POdVet

    The real question is..how fast this will get swept under the rug. Don’t forget, Goldman Sachs was one of Obama’s biggest donors!

  • Khan Krum

    While a good scapegoat, I don’t think that this is the major cause of the collapse of the housing market.  Years of the Federal Gov’t forcing lending institutions to give loans to favored identity groups regardless of whether they had the means to pay them back is the major cause.

    On another topic, did anyone notice that Obama said the following, and then a meteor lit up the sky through five states, Northern Europe got covered in ash from the mid-Atlantic rift and we have thousands of TEA Partiers marching along the Mall?

    “I’m not exaggerating,” said President Obama. “Leaders of the Republican Party … called the passage of (the health care reform bill) ‘Armageddon.’ Armageddon! ‘End of freedom as we know it.’

    “So after I signed the bill, I looked around to see if there were any asteroids falling or some cracks opening up in the earth. Turned out it was a nice day. Birds were chirping. Folks were strolling down the Mall.”

    Kinda spooky, no?

  • sowsear

    So, you don’t think 47% of Americans should pay no taxes?   What’s the matter with you, Ferd?

  • sowsear

    Exactly, some guy is going to take a big fall and then it’ll be forgotten. Too bad they can’t find some woman to stick this on.

  • Ferd Berfle

    While a good scapegoat, I don’t think that this is the major cause of the collapse of the housing market. 
    =================
    I believe that to be irrelevant because fraud is a crime, irrespective of its common practice or ultimate effect. We all need to push away from the everyone-does-it or it-isn’t-a-major-cause routine. Criminal is criminal and the law should make no distinction.

  • sowsear

    If he says it’s so, it is…doncha know?

  • Ferd Berfle

    I suppose I’m just a curmudgeon ar heart.

  • Ferd Berfle

    I suppose I’m just a curmudgeon at heart.

  • sowsear

    And what about GE and probably others…

  • Ferd Berfle

    As far as I’m concerned, GE should pay taxes. They receive benefit from doing business in this country and their intellectual rights are enforced by this government. The alternative is for them to go it alone and take their lumps. I don’t believe in corporate welfare, either.

  • Diana L. C.

    Larry, and truthtelling007—When I read this news this morning, my first reaction was to be surprised that something was actually being done about GS.  Then my second reaction was skepticism.  With the likes of Geithner and Paulson and all the others in the administration with GS ties, is there really a chance that they will be convicted?  These last two presidencies have caused me to believe that the justice system in our country in regard to those in power is just something for show.  I have lost faith that any type of justice will be meted out to those who have so corrupted our government.

  • dst
  • Ferd Berfle

    Unfortunately, I agree with you, Diana. Those who have the gold make the rules and then ignore them.

  • Docelder

    I see Bill Clinton now is chiming in with the Obamacrat party line that TEA party people are dangerous, calling them conservatives and hinting at them being almost the same as the OKC bomber… all in a round about way. Clinton went on ot say the original TEA party people weer taxed without representation and says this isn’t the case today. I say he is statutorially right, but functionally in practice incorrect. Look at the health bill. It was passed without being read by underhanded means. Representatives as much as said their constituents were too ignorant to know what they wanted. It isn’t true that every representative can be voted out. Districts have been gerrymandered to the point that representatives don’t need to represent constituents. This is the sentiment of the TEA party. It isn’t about taxes at all. It is about representation. Bll is wrong, either that or he is just playing party politics… which would make it worse than being wrong.

    http://apnews.myway.com/article/20100416/D9F4EPUO0.html

  • Ferd Berfle

    Agreed, Doc. I was disappointed in Bill’s comments. he should have known better or at least explained his position a little better. There is more to this movement than just taxes. It is also about who has the ultimate power. Seems to me the Contitution says that right up front.

  • Claude DiDomenica

    Docelder, negative opinions of the Tea Party will only serve to further isolate the critics from the increasing mainstream sympathetic to the general Tea Party sentiment. In fact, I was hearing so much negativity I decided I had to attend an event personally and form my own opinion. We’ve given NQ permission to republish our report (cool if they do or don’t). You can read it here:

    Exclusive report: Democracy is still alive and well!

    There’s a link to a major slide show of the Tea Party event at Boston this week.

    I urge the current administration supporters to remember what it felt like to be demonized as war protesters. I remember, which is why I defend the Tea Party folks right to protest. Double standards are innapropriate in my view.

  • Onofre’s arm

    Isn’t it revealing Doc, that when Bush was President, vocal and visible dissent was considered a high form of Patriotism, and now that a Marxist is President, Tea Party dissent is portrayed as an ominous potential threat?

    Here’s Bill’s wife to illustrate my point:

  • AbigailAdams

    I could hardly believe what I just read, Clinton’s remarks and tying TP activities to OKC bombing.  Just can’t believe he would be that irresponsible.  He does know better and he doesn’t speak off the cuff like this.  It was intentional.  Maybe he’s just too insulated by his own wealth to think there are a lot of (what used to be) middle-class folks who stand to lose everything if the economy doesn’t improve.  But I still don’t understand how he cannot view the deficit and gov’t spending as anything other than reckless and unsustainable. 

  • boonies

    may we pray for 2 things…
    a fair trial AND a good hanging…

  • boonies

    my comment above is in reference to the original article re GS and the SEC.

  • Onofre’s arm

    Can’t we all just get along…………………rope.

  • Peggy Sue

    Finally!  The SEC has decided that the GS connection is important.  I hope this isn’t a weak-kneed, rattle the cages, and then walk away scenario. Because I’ve become such a cynic of late, I wonder why this announcement was made on a Friday when political types like to bury bad headlines.

    But . . . this gives me a whisper of hope. 

    We shall see.  But still good news. Thanks for the update, Larry. 

  • confused American

    She said it so very well..

    So why the H3LL do they not hear that..

    What was said about GW in the during the previous administration comes no way close to what some of the protests signs say about Obama.  Yes one very good reason is that they will get jailed for many of the things that were said about GW.

    They hung GW in efigy, burned GW in efigy, beheaded GW, threathen to Kill GW and the list goes on..Any of these with Obama’s name on it would get one jailed, but it did not get them jailed for it was GW.

    I bet that any of the signs on this site with Obama’s name versus GW’s name would land one in jail  http://www.binscorner.com/pages/d/death-threats-against-bush-at-protests-i.html

  • Larry Doyle

    Please join me this Sunday evening (8-9pm) on my radio show as NQR’s Sense on Cents with Larry Doyle is Having a Tea Party with representatives from the grassroots organization Freedom Works. 

    Now do I look like or act like I am dangerous? Maybe dangerous to selected pols and financial regulators who are trying to hide corruption but beyond that….seem like a pretty normal guy, I’d say.  

  • ~~JustMe~~

    Yes it would be better if Bill Clinton said nothing at all.
     
     
     ”O” was shown on Fox this morning mocking “The Tea Party”
    and being amused. UGH makes me wanna scream!

  • confused American

    She said it so very well..  
     
    So why the H3LL do they not hear that..  
     
    What was said about GW during the previous administration comes no way close to what some of the protests signs say about Obama. 
    Yes one very good reason is that they will get jailed for many of the things that were said about GW.  
     
    They hung GW in effigy, burned GW in effigy, beheaded GW, threaten to Kill GW and the list goes on..
    Do any of this   with Obama’s type doll or name  would get one jailed, but it did not get them jailed for it was GW.  
     
    I bet that any of the signs on this site with Obama’s name versus GW’s name would land one in jail  http://www.binscorner.com/pages/d/death-threats-against-bush-at-protests-i.html

  • confused American

     Hillary  said it so very well..    
       
    So why the H3LL do they not hear that..    
       
    What was said about GW during the previous administration comes no way close to what some of the protests signs say about Obama.   

    Yes one very good reason is that they will get jailed for many of the things that were said about GW.    
       
    They hung GW in effigy, burned GW in effigy, beheaded GW, threaten to Kill GW and the list goes on..  
    Do any of this   with Obama’s type doll or name  would get one jailed, but it did not get them jailed for it was GW.    
       
    I bet that any of the signs on this site with Obama’s name versus GW’s name would land one in jail  http://www.binscorner.com/pages/d/death-threats-against-bush-at-protests-i.html

    Change the name and picture on any of the below and go to a rally and see how long before one is arrested.

    Neither would be right..But clean your own house first before calling the other house dirty…

  • Linda C

    Didn’t GS pull the same stunt with the Greece Fiasco?

    As for a fair trial and a good hanging..You bet. 

    I don’t have much sentiment with the Tea Party.  Taxes are not the problem.  It is the corporatist crony influence in Washington and on the Supreme Court that is the problem.  That has nothing to do with taxes..only how those taxes and policies regarding those taxes are peddled to benefit the few well-heeled and not the country as a whole.

  • ahs

    A couple of minor nudges to what you said (the great majority of which is correct, and well stated):

    Criminal liability would be awesome.  But, I highly doubt it’s forthcoming — to get a crime out of a 10b-5 violation (which, unless I’m wrong, would be what the SEC is pursuing here) you’ve got to get not just an intent to mislead but an intent to cause a loss, and profit from that loss.  On the former it looks like they’ve got GS red-handed, based on the emails the SEC has already released and the structure of the deals themselves.  But on the latter they’d have to prove, basically, that GS knew for certain that the market would crash, and concealed that fact.  Maybe they can prove that, somehow, but proving that GS had advance, certain knowledge of an inherently unpredictable event is obviously a pretty high bar.  I sincerely hope some people get sent to jail, too, but unfortunately I don’t think we’ll see it.

    Finally, clear & convincing means something significantly more than 51% — you’re thinking of the preponderance standard, which is somewhat lower.  Can’t go getting people’s hopes too high, now.  ;)

  • ahs

    That 47% figure only refers to income taxes.  Nearly every working American pays payroll taxes.  In fact, for about 3/4 of Americans, the majority of their tax burden is made up of payroll taxes rather than income tax.  Check it:

    http://voices.washingtonpost.com/ezra-klein/2010/04/do_the_poor_really_pay_no_taxe.html

    So, not that it isn’t a good talking point and all… but very few Americans actually avoid taxes altogether, and IMO it’s tough to argue against the fairness of the overall system.

  • oowawa

    I don’t know Mr. Larry Doyle–I’ve seen that picture on your Sense on Cents website, and you look pretty shady and sinister to me.  Now, on the other hand, Mr. Lloyd Blankfein of Goldman Sachs looks completely friendly and trustworthy, almost like Baby Herman or Popeye’s Sweet Pea.  I would entrust my meager savings to him without a second thought.  I can’t believe this little kewpie doll would ever do anything underhanded:

  • TeakWoodKite

    I was curious why a criminal complaint was not first.

  • TeakWoodKite

    I don’t think even Vegas would spot that one. janicen, good one.

  • Onofre’s arm
  • TeakWoodKite

    The radio informed me that the charges related to using a sheriffs office as a “strawman” to buy AK47. (Why can’t they call it like it is?)

    Considering who these individuals being charged were, I find it highly unlikely AK’s were the only thing they had going. It strikes me that these cats have THE largest “privately owned” cache of all sorts of weapons in the USA and they are buying AK’s ?? Sumptin’ about that is just sour.

    Oh well,(SIGH)  it’s been a week of assteroids, AK’s and anxiety.

    Perhaps this is a civil matter because the Senate is attempting to create a “strawman” of thier own, with the goal of putting the squeeze on the Republicans.
     I can hear it now….”What? You’re not for ‘reform’? just look at GS! you [taxpaying suckers] don’t want to ‘punish the corporations”, your a ________ (fill in blank)”

    Frakin TGIF in wine country.

  • confused American

    A bit off topic Repubilcans have gained some more favoribility in the polls

    Been in the +2% spread above the Democrats for the last couple of months and now are at +3.2% spread above the Democrats according to RCP

    Republicans 45% approval   Democrats 41.8% approval.

    http://www.realclearpolitics.com/epolls/other/generic_congressional_vote-901.html

  • TeakWoodKite

    The O-Tang flowed endlessly.

    I wonder how much “stock” BO own’s in GS?, You think they called the creep and gave him a heads up? Some Martha Stewart he is eh?

    Nothing like burning POTUS in a game of musical money chairs…It’s just bad biz…to not give ‘em a heads up. Insider trading is alive and well in the west wing. oops it’s in a Northen Back blind trust? I didn’t know? (would that be the same trust you McMansion is in?)

    I saw that the 5 mil BO “earned” was was from book sales….what a scam.

  • TeakWoodKite

    Dam idiots. The first clue was the Title. It had the word “DREAM” in it…. REAM.

    mmm
    mmm
    mmm. (I am looking in the medicine cabinet for my presription of Donna Brazille sayings)

  • confused American

    A bit off topic Republicans have gained some more favorability in the polls 
     
    Been in the +2% spread above the Democrats for the last couple of months and now are at +3.2% spread above the Democrats according to RCP 
     
    Republicans 45% approval   Democrats 41.8% approval. 
     
    http://www.realclearpolitics.com/epolls/other/generic_congressional_vote-901.html
     Another OT subject
    Sens. Lieberman, Collins To Subpoena Obama Admin Over Nidal Hasan Investigation
    http://www.realclearpolitics.com/video/2010/04/16/sens_lieberman_collins_to_subpoena_obama_admin_over_nidal_hasan_investigation.html

  • Armymom

    I’m suspicious of the timing of this law suit. I don’t trust it.

  • Ani

    Larry,  Thanks so much for covering this.  Typically, they release it on the Friday night document dump.

  • oowawa

    Yep, when it appears that they are throwing Goldman Sachs under the bus, you’ve got to be suspicious that it is an attempt to distract us from something else . . .

  • TeakWoodKite

    Ferd, I thought it was a backhanded way of saying BO is a dangerously polarizing person.

    He merely voiced the last part and infered the first. I have no illusions that the left is scared shitless politically. They should be. The thought of an American being sanctioned without prejudice, however, is no big deal…

    Spinless.

  • oowawa

    Reading the comments on MarketWatch today about this subject, quite a few commenters suggested the same thing . . .

  • sowsear

    The politics of the Goldman case…nothing there
    http://www.johnwsmart.com/

  • sowsear

    See below, on the political implications. Article says civil charges are not going to do much. If Obama were serious there would be criminal charges.

  • sowsear

    Just the other day, BO dared the GOP to try to defeat his banking bill, now he thinks it needs to be modified…
    http://news.yahoo.com/s/ap/20100417/ap_on_bi_ge/us_obama_financial_reform

  • sowsear

    How about Lt. Col Larkin who refused to recognize Obama as his C-in-C.
    He has been reassigned to the Walter Reed Army Hospital, but not to tend the wounded…
    http://www.abovetopsecret.com/forum/thread561585/pg1

    If BO doesn’t want it, it gets buried…somewhere.

  • sowsear
  • AC

    You’re on to something Ferd, but that would mean that policy makers would use their brains.  But alas, they’re in Scarecrow country and Dorothy is nowhere to be found.

  • AC

    He’s such an idiot!  What are we going to do?

  • Ferd Berfle

    That 47% figure only refers to income taxes.
    ============================
    You are a dumbshit, ahs. What the fuck do you think I was commenting on, you blithering idiot? My comment WAS about income taxes. Check you banal commentary at the door. Moron.

  • ahs

    My response was to sowsear, not to you, in the first place.  Regardless, I saw no mention of an income/payroll/corporate distinction, yet sowsear was floating the 47% number as if it applied to taxes generally.  /shrug

    But thank you for your measured, reasonable response.  Always a pleasure.

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