The New York Times’s Louise Story and Gretchen Morgenson score a major scoop this morning with news that the SEC is charging Goldman Sachs with fraud over its structuring of CDOs, saying “the bank created and sold a mortgage investment that was secretly devised to fail.”
This is a huge story. The SEC has found that its jaws still snap; Goldman, which has heretofore seemed virtually untouchable, is in the dock; it illustrates short-sellers’—John Paulson specifically here—role in creating the crisis and making billions off it; and the press and bloggers can claim a big victory, regardless of the ultimate outcome of the case. It also points the way to possible further SEC actions over the banks’ similar dealings with Magnetar, which ProPublica detailed so impressively last week.
There’s no doubt that press coverage was instrumental in this turn of events. On Christmas Eve, Morgenson and Story unleashed a terrific story zeroing in on how Goldman Sachs structured its Abacus deals so they would fail, all while betting against them.
As the Abacus deals plunged in value, Goldman and certain hedge funds made money on their negative bets, while the Goldman clients who bought the $10.9 billion in investments lost billions of dollars.
The SEC is charging is that Goldman misled investors by telling them one company, called ACA, was managing the CDOs, when it was actually letting hedge-fund king Paulson pick bonds for it. Here’s the SEC, from its press release:
“The product was new and complex but the deception and conflicts are old and simple,” said Robert Khuzami, Director of the Division of Enforcement. “Goldman wrongly permitted a client that was betting against the mortgage market to heavily influence which mortgage securities to include in an investment portfolio, while telling other investors that the securities were selected by an independent, objective third party.”
And boy did Paulson know how to pick ‘em:
According to the SEC’s complaint, the deal closed on April 26, 2007, and Paulson & Co. paid Goldman Sachs approximately $15 million for structuring and marketing ABACUS. By Oct. 24, 2007, 83 percent of the RMBS in the ABACUS portfolio had been downgraded and 17 percent were on negative watch. By Jan. 29, 2008, 99 percent of the portfolio had been downgraded.
There’s plenty of other thread to pull on in the Times’s Christmas Eve piece, including a little-known company called Tricadia that created particularly toxic CDO’s to allow clients to bet against them, and whose vice chairman up until a month ago was a senior adviser to Treasury Secretary Tim Geithner. ABC News from then:
White House visitor logs show Sachs was a regular in the West Wing, holding dozens of meetings with White House economic adviser Lawrence Summers, Chief of Staff Rahm Emanuel, and with staff for the National Economic Council. The logs show he had at least five meetings with President Obama in the Oval Office last year, and had participated in the president’s daily economic briefing.
And this is hardly the only chicanery surrounding Abacus. Bloomberg’s Jody Shenn wrote an important story on Abacus in November that reported Goldman was using its “sole discretion” to pay junior tranches of the CDOs before senior ones—the opposite of what’s supposed to happen.
Goes to show you what good, tough journalism can do. Fraud charges have finally hit Wall Street, and The New York Times was instrumental in digging it out.
I have been waiting for this shoe to drop. After the misuse of funds and the lies told to Bush Administration--and the public, the horrendous bonuses and then to top it all off the lies told by them and Greece that loans to Greece were listed as purchases. These things can't be legal despite the fact the "big shots" said they were. On top of that they were both unethical and immoral. But then that doesn't count in business--does it???? Fuld didn't think so so why should those CEO's at Goldman Sachs!! Cox in SEC not following the few laws that were there didn't help. But at least someone is on to it and I am glad it was Gretchen. She doesn't get enough praise from Keller and peers as it is. See The Nation's report about her last winter. It's more about the others' backstabbing than her accomplishments. After all, she's only a woman and from St Paul, MN. How can she do this to them!!!! I'm just glad she did.
#1 Posted by Patricia Wilson, CJR on Fri 16 Apr 2010 at 05:44 PM
I am presently in litigation with Fremont Reorganizing, Goldman Sachs dba Litton Loan Servicing, et al., (2 different cases) for about 2 years now. The main issue with the complaint is a fraudulent loan originated by Fremont in June 2006. This in turn produced an array of other
issues: unsigned deed of trust, over billing issues, lost payments, excessive balloon payment, back dated assignments, illegal non-judicial foreclosure documentation, missing documentation, illegally reporting to my credit, falsifying declarations, 6 week TRO's, court procedures not followed, judges wait until the courtroom is cleared to rule against a TRO (both times); retired (78 year old) judge ruled against a seated judges TRO where the retired judge took 30 minutes to read a 300 page brief. The whole time they have been ignoring my request and failing to give me the required documentation so that I can rescind the loan. Goldman Sachs dba Litton Loan Servicing has been aggressively trying to foreclose on my property. I believe to cash out for insurance reasons. (It's over a million dollar loan) I have invested over $400,000 into this property for the past 5 years and if I had known about this mortgage meltdown game played by Wall Street I would have never proceeded with this Real Estate transaction. The Media and the Government has not once addressed or helped the borrower, namely me, who also has been damaged by these defaulted CDO's.
A Time line of what's going on with Goldman Sachs to show how they are scheming to pursue foreclosures for the insurance by acquiring distressed, shelled fraudulent companies which will eventually or haven't already gone BK...
Oct 26, 2005 Litton Loan Servicing Class Action - mishandling loans, servicing over 400,000 borrowers - case settled Feb 17, 2009 for $537 (limited due to class status)
Feb 27, 2007 FDIC Cease and Desist - Fremont Reorganizing for illegal loan practices, et al., (largest predatory lenders who heavily solicited brokers for their schemes)
Oct 16, 2007 Massachusetts Lawsuit vs Fremont and Goldman Sachs - Predatory Lending Practices - settled May 11, 2009 for $60 mil
Dec 11, 2007 - Goldman Sachs Acquires Litton Loan Servicing
June 2, 2008 Litton (Goldman Sachs) Acquires Fremont Reorganizing Servicing Rights
June 19, 2008 Fremont Reorganizing files BK
Apr 16, 2010 - SEC vs Goldman Sachs - Securities Fraud
Here is the link to my blog http://bushnellcomplaint.blogspot.com/ if you want to download court documents pertaining to my case.
Note: My wife is pursuing individuals who are interested in joining her in a class action lawsuit with regards to violation of her community property rights in a wrongful foreclosure. If you are in a community property state and a spouse is not on title you may have grounds for legal action.
#2 Posted by greg, CJR on Sat 24 Apr 2010 at 10:40 PM
I am presently in litigation with Fremont Reorganizing, Goldman Sachs dba Litton Loan Servicing, et al., (2 different cases) for about 2 years now. The main issue with the complaint is a fraudulent loan originated by Fremont in June 2006. This in turn produced an array of other
issues: unsigned deed of trust, over billing issues, lost payments, excessive balloon payment, back dated assignments, illegal non-judicial foreclosure documentation, missing documentation, illegally reporting to my credit, falsifying declarations, 6 week TRO's, court procedures not followed, judges wait until the courtroom is cleared to rule against a TRO (both times); retired (78 year old) judge ruled against a seated judges TRO where the retired judge took 30 minutes to read a 300 page brief. The whole time they have been ignoring my request and failing to give me the required documentation so that I can rescind the loan. Goldman Sachs dba Litton Loan Servicing has been aggressively trying to foreclose on my property. I believe to cash out for insurance reasons. (It's over a million dollar loan) I have invested over $400,000 into this property for the past 5 years and if I had known about this mortgage meltdown game played by Wall Street I would have never proceeded with this Real Estate transaction. The Media and the Government has not once addressed or helped the borrower, namely me, who also has been damaged by these defaulted CDO's.
A Time line of what's going on with Goldman Sachs to show how they are scheming to pursue foreclosures for the insurance by acquiring distressed, shelled fraudulent companies which will eventually or haven't already gone BK...
Oct 26, 2005 Litton Loan Servicing Class Action - mishandling loans, servicing over 400,000 borrowers - case settled Feb 17, 2009 for $537 (limited due to class status)
Feb 27, 2007 FDIC Cease and Desist - Fremont Reorganizing for illegal loan practices, et al., (largest predatory lenders who heavily solicited brokers for their schemes)
Oct 16, 2007 Massachusetts Lawsuit vs Fremont and Goldman Sachs - Predatory Lending Practices - settled May 11, 2009 for $60 mil
Dec 11, 2007 - Goldman Sachs Acquires Litton Loan Servicing
June 2, 2008 Litton (Goldman Sachs) Acquires Fremont Reorganizing Servicing Rights
June 19, 2008 Fremont Reorganizing files BK
Apr 16, 2010 - SEC vs Goldman Sachs - Securities Fraud
Here is the link to my blog http://bushnellcomplaint.blogspot.com/ if you want to download court documents pertaining to my case.
Note: My wife is pursuing individuals who are interested in joining her in a class action lawsuit with regards to violation of her community property rights in a wrongful foreclosure. If you are in a community property state and a spouse is not on title you may have grounds for legal action.
#3 Posted by greg, CJR on Sat 24 Apr 2010 at 10:41 PM