Goldman In The Dock And The Ghost Of TR


Great summary article by Louise Story and Gretchen Morgenson this morning in the Times. I've pondered this story and several conversations I've had of late about the lawsuit brought against Goldman by the SEC. The leitmotif running through it seems to go something like this, "why wasn't Goldman charge criminally? And why only one paltry civil suit?"

This is certainly a valid criticism, but yesterday I got to thinking about Teddy Roosevelt and his enforcement of the new anti-trust laws at the turn of the last century. Teddy is largely remembered as the first and greatest of all trust busters. He was certainly the first, but it's important to remember that he wasn't the greatest. It was probably Taft, his successor who deserves that epithet. Why? Because Teddy, if I recall correctly, really only busted one minor trust. Taft unleashed the fury of the government on the rest. But, the precedent was set by Teddy. And that was, no doubt, after fighting an intransigent bureaucracy, the singular and major hurdle in the fight against what Teddy called "malefactors of great wealth."

I can't speak to Obama's mind on this, but I get the sense that might be what he is doing.

I've been very hard on Obama, especially on healthcare reform. And the financial reform as proposed leaves a great deal to be desired, but there is some real momentum here. A lot of people are going to complain that it's not enough, not fast enough, and on and on. I'm certainly one who believe that Obama had an amazing opportunity to bury the Republicans for at least a generation upon his election. And yet, there is momentum. And reform does take time. It takes a lot of time and a great deal of energy to turn around the ship of state. And I'm willing to suspend judgment for another year or so because as it appears to me, he is, at least in some areas, in fits and starts, doing the right thing.

Nota bene: Here are a handful of links to other Goldman stories floating around tEh interwebs this morning: here, here, and here.


Sean Paul Kelley April 18, 2010 - 11:54am
( categories: Global Financial Crisis )

. . . and there will always be those who say wait another year or two . . .

The record is public and plain -- President Obama and his team have surrendered in advance wherever and whenever possible. Further, he is not unhappy with the Bush Doctrine, and is perpetuating it. He is getting into assassinating American citizens lately.

This is change, all right. Change in the same direction that was so distressing for eight long years.

Your advice to wait a couple years is politely declined. Never gonna wait again for a politician to work from inside the system.

Antifa April 18, 2010 - 2:09pm

The SEC filed suit against a low level guy in the scheme of things and the corporation. NY AG Andrew Cuomo indicted the former Chairman and President of BofA, the former VP of Finance and the corporation. Cuomo named about 40 current BofA employees and board members as people of interest. The message was - they're cooperating and, if they don't, they'll join the indicted. Richard Blumenthal, CT AG, indicted Moody's and S&P period, the entire corporations. Cuomo and Blumenthal are serious. They got people to roll over and they went right to the top. The SEC couldn't eve scare someone on the trading desk (or, my guess, didn't even try). It's show business, not justice for the people.

In this incredible essay on how major corporations have influenced US foreign policy for centuries (from an unlikely source), it is clear that Roosevelt favored the JP Morgan trust and helped them while attacking Standard Oil and the Rockefeller trust. When Taft came in, he was a Standard Oil man and swung the ax in the other direction. Neither represented the interests of the people or rational capitalism.

The president's own Attorney General has done nothing about Wall Street abuse. The SEC is doing as little as possible The need to do something now is manifest, in terms of confidence and justice, but nothing is being done.

The notion that the president's actions will be like TR's and inspire the next guy/gal is half right. This president is biased toward certain factions on Wall Street, as TR was, and his hints at "trust busting" will be to benefit those interests. If there's any meaning taken from this very late in the game boomlet of activity from the SEC it's this - they're not going to do jack shit about bringing to justice the crooks involved in the financial collapse. And, furthermore, this president or any other president out of the money dominated political system system will never, NEVER, do anything about returning the wealth transfer to the rightful owners. Without that, there can be no justice and, quite frankly, not much of a country. We'll all be total debt slaves to the people who've stolen our money and labor.

And that's what this president is all about. He's letting it happen and, in that role, he is one of the perps making it happen. No hope under that rock.

Michael Collins April 18, 2010 - 5:14pm

Your first sentence is nonsense. The SEC indicted no-one. This is a civil suit. A warning to all who bother to read further that the author hasn't a clue about the subject of his post. The Bush Justice Department and SEC had no interest whatsoever in pursuing these cases. It has taken the Obama administration time to staff up and investigate. A little over a year is warp speed considering the fact the investigation and pursuit of these cases had been abandoned for eight years. These guys are just warming up. Where's the evidence that Obama is biased to Wall Street? All indications are that he's pissing them off big time. Is the sky blue in your world, or do you simply hate the current President so much, you cannot acknowledge that when his administration does a good thing, it is such?


“I despise ideologues masquerading as objective journalists.” - Bill O'Reilly, March 30, 2007

Mark April 18, 2010 - 9:21pm

The current SEC has been tepid, as I pointed out. Here's more on the evidence for that assertion. When a judge makes the SEC increase its fine from $30 million to $150 and says this, you know the SEC is doing a poor job. This is the current SEC, which apparently thought it was "warmed up" enough to act on Bank of America's behavior.

"While better than nothing, this is half baked justice at best," Judge Rakoff wrote.

But at the end of the day, he deferred to the SEC's conclusion that the "bank and its officers acted negligently, rather than intentionally" in the failure to disclose. Law.com

Read the full decision by the judge and you'll get a flavor of how scornful he is about the current SEC's handling of this case.

That's the president's SEC running the case, not the Bush SEC

Going from the particular to the general, in response to my assertion that the president favors Wall Street, you said: "he's pissing them off big time."

Was he "pissing them off' when he appointed Larry Summers as his chief economic adviser?

Was he "pissing them off" when he appointed Tim Geithner as Secretary of the Treasury?

Was he "pissing them off" when he interrupted his campaign to come to DC and support the initial bailout after it was defeated according to the will of the people?

Was he "pissing them off" when he sat on his hands and failed to get even Sen. Durbin's modest foreclosure relief bill passed?

Was he "pissing them off" when he sat by and let Congress reject limits on credit card interest relief?

Was he "pissing them off" when he let "The total potential Federal Government support ... reach ... $23.7 trillion" for Wall Street while the millions unemployed and underemployed got scraps?

You are presumptuous to the point of defamation in stating that I "hate" Obama. That's entirely false. I think he's very talented and charming. In fact, I defended Obama here and elsewhereagainst what I saw as unfair allegations. I also see strong evidence that he's simply doing what a reasonable person could have anticipated based on the campaign and his initial moves with Geithner and Summers and other key appointments. I see Obama as another in the line of those who accommodate the great concentrations of wealth at the expense of the people.

Michael Collins April 19, 2010 - 3:43am

No strategy. Do you ever listen or are you just so right about every thing all the time you don't have time for this nuisance thing called laws and democracy.

Don't you understand the strategy here? The suit has been laid out in a template and in a manner it can be replicated over and over. In any suit of this nature you go after the rock solid case and name a single individual. You lean on that person so that they will roll over and cooperate. Turn the guy into a cooperative witness and then they sing like a canary.

But then you never like anything that happens positive or negative. No volume.

Scotjen61 April 18, 2010 - 9:38pm

I'm basing my interpretation on what the SEC did with BofA. They were "judged" to be inadequate by none other than the judge. I'll be happy if I"m wrong on this, btw. Cuomo charged the top dogs plus the corporation (BofA). The SEC is after a math whiz on the London trading desk and the corporation (Goldman). Why didn't they have Tourre plus others (as Cuomo has) lined up against the senior executives? Maybe they think that there's no problem with the top at GS? Or maybe it's like BofA, where they thought all the obvious deliberate deceptions were just "negligence?"

Check out Cuomo complaint, section entitled "Relevant Persons," pages 9-12. That is entirely intimidating. It shows where information was gathered, in part, and who just might testify. The SEC suit would scare me if I were Fabrice Tourre but the rest of them have little to worry about, it appears.

Michael Collins April 19, 2010 - 3:57am

To see if it was as absurd as I thought it was. Maybe I missed something. Maybe it was satire.

Nope. You need to learn to understand the long game my man. The set up here is just amazing. I think folks here mostly see it. Numerian is the perfect layout. This is going to be big.

Scotjen61 April 18, 2010 - 9:44pm

There's an easy way to settle this. Let's see what they do. I strongly suspect that that we'll see the same diligence out of Justice and the SEC as Justice showed with their "big" prosecutions of those responsible for implementing torture as a part of US tactics. Or maybe the "big" move to restore the constitutional rights stripped by Bush-Cheney. Or maybe that really "big" move to repeal the Patriot Act. How about the distinction of being the first president to "authorize" the killing of a U.S. citizen (without that pesky formality of a trial)? We're on a roll;)

Michael Collins April 19, 2010 - 4:06am

Is why they went after a low level 31 year old.

From New York Times this morning.

According to these people, executives up to and including Lloyd C. Blankfein, the chairman and chief executive, took an active role in overseeing the mortgage unit as the tremors in the housing market began to reverberate through the nation's economy. It was Goldman's top leadership, these people say, that finally ended the dispute on the mortgage desk by siding with those who, like Mr. Tourre and Mr. Egol, believed home prices would decline.

You simply need to get your visceral hatreds out of your way to assess things in the light of day. Things do take time. But I am more of the opinion Obama was also concerned for health of the economy. They play a long game. This is a very important piece of litigation that is shaping up, and I give them credit. I don't think anyone here thought I would be supportive of this suit, and I looked at it skeptically from the standpoint of lots of companies hedging positions as a kind of insurance. I always have, and probably always will think that going after folks wages is a dumb strategy. Anyone who knows how banking works knows folks get a percentage of the business they bring in. But I am objective, and when I saw the case laid out - especially well laid out by Numerian - this is the real deal, and the way it was laid out, and the time taken and who they are going after. It is like the Star Wars movie where the little kid innoculously flies into the death star and 'accidentally' blows the whole f^*^&*^ thing to smithereens. So give credit where credit is due. And I am 100% behind this thing. I think a lot of folks see the strategy and long game here.

I like all hat no cattle but I like this dog don't hunt better. And it's Obama who says I'm not one to kick the can down the road.

Scotjen61 April 19, 2010 - 8:12am

Important. Please read. I don't have "visceral hatreds." I have … evidence of a pattern. Please stop with the "hatred" business. It's simply not accurate.

Louise Story got to the right people or they got to her. In either case, the sources are clear -- top management knew about the hedges against the sub prime market. Lets presume the SEC knew as much or more than the NYT. They'd have to show that the top management knew Abacus was designed to fail. Absent that, they can't be charged. OR the SEC has the goods on top management through Egol (Tourre's partner not named in the action) and is waiting, for some reason. We don't know yet.

If GS is getting a spanking from the Obama administration, they don't seem to be aware of it. They're lobbying for the financial reform bill, according to this commentator . They're also tossing in with the Democrats in 2010. If the SEC moves up the org chart and if Holder does something, at long last, then you're right.

One point you didn't make which is worth mentioning concerns the impact that the SEC filing has on the type of deal Paulson & Co. got from GS. By charging Tourre for a deal involving the worst features of the CDS market, there may be a chilling effect for further deals. The secrecy is no longer the case, at least for now, and people are speaking up.

Michael Collins April 19, 2010 - 9:09pm

It won't just be up to Holder. Europe is moving in a big way. They were in many instances the agrieved parties. I would bet the foreign investors were being targeted. This is not the only house doing this either. But like you say I want to see the legal apparatus doing a he'll of a lot more than this one case. If not I will be sorely disappointed.

Scotjen61 April 19, 2010 - 10:59pm

The recent rumblings are an extension of what started a few weeks earlier. (click on the Stop sign for a treat). The Italian judiciary chimed in and then there was the French letter of March 11.

The real action is in New York State and Connecticut with the fraud charges against Bank of America, Moody's and Standard and Poors. The NY charges are civil now but, under the Martin Act used for the charges, the Attorney General can easily convert these to criminal charges as well with hefty jail terms.

Nevertheless, the impact of the SEC charges is the question that a few may find horrifying -- if this was accepted practice elsewhere, "When will they come after me?" That sort of reflection is never a bad thing.

Michael Collins April 20, 2010 - 12:34am

I asked a state legislator if there was any way to take on shady illegal banking operations benefiting from drug money. He said making it a civil suit cause of action would be a good angle & probably easier to get into law than criminal charges.
--
Hongpong.com

HongPong April 18, 2010 - 8:54pm

My impression is their approach is to file civil suits when they uncover fraud. They go for financial penalties and disbarment from the industry for the convicted felon. A friend of mine whose career has been as a lawyer in the federal government has said that the devastation to the enforcement divisions of government by Dick Cheney was so severe it will take 20 years to fully rebuild these skills. This project of forced retirement of professional lawyers was in every cabinet department, including Labor, State, HUD, and Interior, but the high profile purges occurred at Justice and agencies like the SEC. Justice had to suffer the indignity of hiring over one hundred junior lawyers who were recent graduates of theological schools like Pat Robertson's Liberty University. The SEC was essentially told they were out of the oversight business; their job was to help their "clients" and stay out of the way of the markets.

It is certainly conceivable that the SEC has been slowly working on these cases because it doesn't have the skilled staff and needs to work carefully. The misspellings in the GS indictment that Mark sites in another comment may be the result of a rush job, or just may be that the SEC is out of practice.

I think where Michael may be reasonably concerned is the lack of activity at the Justice Department. Here too, having to staff up may be the cause of this. But note that in previous high profile convictions of financial fraud, like the Ivan Boesky and Mike Milken trials, the Justice Department was the prosecutor. These were brought to trial by Rudy Giuliani as a federal prosecutor out of the NY district. Guiliani was particularly ambitious and used these convictions to campaign for high office. Eliot Spitzer has followed this path as has Andrew Cuomo, who however were working as attorneys-general and not necessarily with the help of Washington.

So far we do not have much if any evidence that the Justice Department is even interested in these cases. I'll give them the benefit of the doubt and chalk it up to inexperience or lack of resources, but there is certainly cause to wonder whether the White House is putting pressure on them not to go too hard on their biggest campaign contributors. Rahm Emanuel has always been very close to corporate money from his days with Clinton, and Obama certainly didn't raise three-quarters of a billion dollars in campaign donations from the internet.

We also know that Fannie Mae and Freddie Mac have been uncovering dozens or maybe hundreds of cases of retail fraud in their mortgage files. If Justice had set up a legal task force like it had in the S&L crisis, it could look into this ready-made investigative work.

What would it take for the Obama administration to simply announce it was looking into these cases or had hired lawyers to work specifically on financial fraud in the mortgage market? The way in which this administration appears to do nothing on so many matters, including really serious issues like torture, simply isn't helping convince people that criminals will be brought to justice.

Numerian April 19, 2010 - 1:59am

You can't shut down the mortgage industry. Civil is the way to go here, and at a pace markets can handle. We are in a great position to let some air out of this balloon. Let em play it out. The President is the President. He's not going to go out and look like he's head of Justice, no way. He gets up and talks nuclear disarmament, Iran, Health Care when it needed passing, right now he is using all the energies passing Financial Reform. There are 1,000s of things going on and he doesn't have to lead the charge on ALL of them.

We will see. The more I look at this thing, the way Europe has obviously been brought up to speed. Europe, in fact, is probably the best forum to go after some of this stuff. Government money lost is Sovereign and they have claws and teeth that would never let go.

Scotjen61 April 19, 2010 - 9:33am

try hard to avoid the personal attacks, folks. I know everyone is very, very angry. But let's remember how important civility is here at The Agonist, k?

"Sí che dal fatto il dir non sia diverso."

-Dante

Sean Paul Kelley April 19, 2010 - 1:43pm

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