Jonathan Weil zeroes in on the incredible statement by the prosecutor in the Goldman Sachs code-theft case that if Goldman’s program falls in the wrong hands it could allow them to “manipulate markets in unfair ways.”
I pointed this out, too, a couple of days ago and said this:
Which raises the obvious question of whether Goldman Sachs itself uses the program to manipulate markets in unfair ways. What controls are there on this? Who regulates it? I’ll look forward to some explanatory pieces on this in the days ahead.
So far, I haven’t seen much in the way of explanatory stuff yet. One possible explanation is that it’s just taking time to report out a story of such heavy implications. Goldman is a difficult institution to report through, to say the least. Whatever, we need answers here.
Weil calls on Goldman to say publicly “what’s stopping the world’s most powerful investment bank from using its trading program in unfair ways, too.”
That’d be nice, as well, though you can hardly expect them to say “nothing.”
Weil has a sharp eye here, too, for inane journalism habits:
On July 6, Dow Jones Newswires quoted a “person familiar with the matter” saying this: “The theft has had no impact on our clients and no impact on our business.” Note that this person was so familiar with Goldman that he or she spoke of Goldman’s clients as “our clients” and Goldman’s business as “our business.”
Check out Weil on Bloomberg TV, as well, discussing his column (watch the segment and imagine seeing something like it on CNBC). Bloomberg’s non-Weil talking head sets up a question:
Goldman got on the phone to the Justice Department and got them so fast to nail this guy…you wonder if they have a red line to the government.
A red line to the government? Polemicists on the left and the right (and many somewhere in between) agree on Goldman: They are the government (and, full disclosure, a funder of The Audit).
Reuters’s Matthew Goldstein, who broke this story, also has a good column on the story. He notes that analysts expect Goldman to break its record for trading revenue set in 2007, which was $25 billion.
A question or two about how much of the trading revenues was related to client trades versus proprietary trades for the firm’s own account would be a good place to start. Don’t let Goldman executives get away with the firm’s standard answer about how most of its risk-taking is for clients, without ever quantifying that risk.
Now given Goldman’s general animus to the notion of fuller disclosure, I wouldn’t expect its executives to say much if pressed by analysts. So it probably will require the power of the Federal Reserve — Goldman’s new overseer — to lean on the investment bank to force it to provide more detail about the firm’s trading prowess.
Uh huh. And they’re not going to do it unless an aggressive press corps asks first.

What took Weil so long to make the point? A good point it is, but it was being discussed days before, on AngryBeaR.com, the WSJ finally got up the gumption to talk about it. To wit:
Jack says:Tuesday, July 07, 2009, 2:17:02 PM““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,” Mr. Facciponti(Assist. US Attny) said in the court, according to Bloomberg.
And we're all certain that Goldman Sachs would never look to use such an advantage in an "unfair way." To say nothing of any other similar trading organization ie, hedge fund or other investment bank,
making use of similar programs.
“It is worth a lot less in the U.S. than you might think, but in countries that are more lawless it could have value,” he (Bruce Schneir, Ch. Sec. Tech Officer @ British Telecom) said."
Considering the market manipulations that have taken place during the past several years and the virtual collapse of said markets, exactly which countries would be "less lawless" than the US in its financial sector?
Am I being too severe in my suppositions concerniing the use of such program trading procedures? I'm not so concerened with the trading aspect. It does seem to me that the immediate access to market data via computers which can then react to that data for the purpose of assuring trades on the better side of the journal makes a mockery of the so-called free market, or even fair market, concept of equity and commodities trading. Do the mutual funds which hold a nation's retirement assets privy to such data access and trading strategies?
That such a financial trading process is systemic and not illegal does not define it as acceptable, nor does it adhere to the concept of a free market
#1 Posted by Jack, CJR on Mon 13 Jul 2009 at 01:21 PM
And just in case there was any question as to who GS was doing all the profitable trading for,
the NY Times has this timely piece of work in today's edition.
"For Goldman, a Swift Return to Lofty Profits"
http://www.nytimes.com/2009/07/13/business/13goldman.html?_r=1&em
These people are nothing if not tied in. Even if one disregards the possiblity of market manipulation, how does one over look access to market information that is otherwise unavailable to the public? Granted that said information may be available to other large trading firms, the hedge funds come readily to mind, but that only multiplies the imbalance between the public and market insiders.
#2 Posted by Jack, CJR on Mon 13 Jul 2009 at 01:34 PM
http://angrybear.blogspot.com
#3 Posted by Rdan, CJR on Thu 13 Aug 2009 at 02:42 PM