April 19, 2010
But Why Now?
Goldman Sachs' Bloody Nose
By MIKE WHITNEY
There's something fishy about the SEC's suit against Goldman Sachs. The timing seems particularly odd. Why did the SEC decide to drop this bombshell on a Friday, just when the market had reached a 12-month high and the economy was showing signs of improvement? Was it because they thought they might need the weekend to change course if the market suddenly plummeted 400 points? And why was Goldman picked over the other Wall Street banks? Was it because Obama knew that by targeting the most hated bank on Wall Street he could garner support for his reform agenda? The whole affair smacks of a political maneuver. Yes, the momentum IS building for regulatory reform, but the congress is still stuck in the mud, which makes the SEC suit look particularly suspicious, like a clever public relations ploy designed to push Obama's toothless bill over the finish line.
There's little doubt that Goldman is guilty of fraud. According to the SEC filing, they failed to make material disclosures about the synthetic collateralized debt obligations (CDO) they sold to their clients. These kamikaze CDOs were designed to blow up just months after they were constructed (which they did). According to former regulator William Black, "Goldman did not just withhold information, they told people, 'Hey, the investment decisions are being made by experts who would only choose good quality stuff', when in fact, the stuff that was put in was chosen because it was considered the most likely to suffer near-term downgrades." So they deliberately misled investors. That's fraud. They also never told investors that the securities were selected (in part) by a prominent hedge fund manager, John Paulson, who planned to bet against the same CDO. That's another no-no. So the suit looks reasonably straightforward. As SEC Director Division of Enforcement Robert Khuzami said, "The product was new and complex, but the deception and conflicts are old and simple." Indeed. What's most shocking, is that Goldman was caught shafting its own clients to make a buck, which will no doubt haunt them for a very long time. Their reputation has suffered a major hit.
http://www.counterpunch.org/whitney04192010.html