Goldman’s Woes Continue

As my colleague Barbara Kiviat notes over at The Curious Capitalist blog, Goldman Sachs’ legal troubles are deepening. With the firm reportedly mulling settlements with both the SEC and a hedge fund that folded after an ill-fated CDO investment, the Wall Street Journal reported last night that the Justice Department has opened an investigation that could yield criminal charges against the Wall Street stalwart. Citing anonymous sources, the Journal story says the probe, which is being handled by the U.S. attorney’s office in Manhattan, is in its incipient stages and was initiated by an SEC referral. A Washington Post piece today has slightly different facts; it contends that the Justice Department was already investigating Goldman’s mortgage-trading operation for evidence of securities fraud before the SEC brought its suit April 16.

As the Journal makes clear, the ongoing investigation does not necessarily mean Goldman will face criminal charges:

Prosecutors haven’t determined whether they will bring charges in the case, say the people familiar with the matter. Many criminal investigations are launched that never result in any charges.

The criminal probe raises the stakes for Goldman, Wall Street’s most powerful firm. The investigation is centered on different evidence than the SEC’s civil case, the people say. It couldn’t be determined which Goldman deals are being scrutinized in the criminal investigation.

To bring any criminal charges in the Goldman matter, prosecutors would need to believe they had gathered evidence that showed that the firm or its employees knowingly committed fraud in their mortgage business. Proving such intent to break the law typically is the toughest hurdle for prosecutors to clear.

Another stumbling block: Such financial cases can be highly complex. Few outside of Wall Street understand arcane products such as collateralized debt obligations, the pools of mortgage-related holdings at the heart of the SEC civil case against Goldman.

But even there is a higher bar required for criminal securities-fraud cases, the mere specter of more charges adds another layer to the cloud of suspicion choking the company. Whether or not either of these allegations are ever prosecuted, they have severely tarnished the firm’s reputation. The news sent shares plummeting, and equity analysts downgraded Goldman’s stock.

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  • gysgt213

    it contends that the Justice Department was already been Goldman’s mortgage-trading operation for evidence of securities fraud before the SEC brought its suit April 16.
    .
    Is that supposed to be “was already investigating?”

  • Alex Altman

    Thanks for the catch. Fixed

  • square1

    But even there is a higher bar required for criminal securities-fraud cases,

    Is that supposed to be “even if there is a higher bar”?

  • http://jcapan.wordpress.com jcapan

    Alex, I won’t go total schoolmarm on you, but I’d take issue with the word choice in the title. Woes?

    Our friends at Merriam say:

    Main Entry:
    Function: noun
    1 : a condition of deep suffering from misfortune, affliction, or grief
    2 : ruinous trouble

    I’ll give you the benefit of the doubt and contend that you were edging towards #2. Though I doubt it’ll lead to ruin. But the connotations of the word imply something deserving of sympathy, that Goldman has somehow been put upon, unfairly targeted etc. Said of the masters of the universe, responsible for the raping and pillaging of Americans, I dunno, but the tone seems a bit skewed. But I’m silly like that–in my view, they’re lucky their building isn’t facing a scene like this:

  • lcky9

    has anyone asked Goldman about the shares they have in Carbon Credits with AL GORE???

  • http://jcapan.wordpress.com jcapan

    OT, but since this post/the Swamp writ large are in dire need of a defibulator … CLEAR!!! Why the F not?

    New York, NY, Friday, April 30, 2010 … The following statement was issued today by Major League Baseball Players Association Executive Director Michael Weiner regarding the immigration law recently passed by the state of Arizona.

    “The recent passage by Arizona of a new immigration law could have a negative impact on hundreds of Major League players who are citizens of countries other than the United States. These international players are very much a part of our national pastime and are important members of our Association. Their contributions to our sport have been invaluable, and their exploits have been witnessed, enjoyed and applauded by millions of Americans. All of them, as well as the Clubs for whom they play, have gone to great lengths to ensure full compliance with federal immigration law.

    “The impact of the bill signed into law in Arizona last Friday is not limited to the players on one team. The international players on the Diamondbacks work and, with their families, reside in Arizona from April through September or October. In addition, during the season, hundreds of international players on opposing Major League teams travel to Arizona to play the Diamondbacks. And, the spring training homes of half of the 30 Major League teams are now in Arizona. All of these players, as well as their families, could be adversely affected, even though their presence in the United States is legal. Each of them must be ready to prove, at any time, his identity and the legality of his being in Arizona to any state or local official with suspicion of his immigration status. This law also may affect players who are U.S. citizens but are suspected by law enforcement of being of foreign descent.

    “The Major League Baseball Players Association opposes this law as written. We hope that the law is repealed or modified promptly. If the current law goes into effect, the MLBPA will consider additional steps necessary to protect the rights and interests of our members.

    “My statement reflects the institutional position of the Union. It was arrived at after consultation with our members and after consideration of their various views on this controversial subject.”

  • http://funks2.wordpress.com Michael Funk

    If the SEC and/or the Justice Dept. fumbles with Goldman like the Senate InquirySubcommittee did at their hearing, I would not be too worried if I were Lloyd Blankfein. See an excellent story about this at:

    http://funks2.wordpress.com

  • http://erieangel.wordpress.com erieangel

    Not only that but some 30% or so of major league ball players are US citizens who happen to be hispanic.

  • Paul-no not that one

    I had been waiting/hoping for something from the MLBPA.
    .
    Not so hopeful about the car salesman Bud.
    .
    The law is toxic enough that the Diamondbacks’ owner-Ken Kendrick-a big financial supporter of the republicans has come out against it.

  • newfreedomblog

    Hopefully the lame stream media will begin to investigate this story about the carbon credit exchange being set up in Chicago by Obama-nuts.
    .
    Al Gore has gone from someone worth approximately 2 million dollars to now claiming he is worth several hundred MILLION dollars. I guess Climate Change / Global Warming pays, no?
    .
    This whole scheme is nothing but a big money grab. Their goal is to create this ficticious climate problem so they can begin taxing people for their electricity, passing legislation to impose “carbon credits” on businesses and manufacturers.
    .
    A 12 TRILLION dollar ponzi scheme that will make Bernie Madoff look like a saint. Al Gore, Goldman Sachs, George Soros, Van Jones, and all the rest of the Obama croonies are preparing the Climate Change / Energy Bill for a major redistribution of wealth. Our hard earned dollars, distributed into the pockets of the likes of Al Gore. Nothing more, nothing less.

  • Art Pepper

    So are the thousands of climate scientists working around the globe pawns or co-conspirators? And is Mageneto involved?

  • 53_3

    I see that Rusty has now tossed Goldman Sachs in with the other “Obama co-conspirators”.
    .
    Wonder of wonders, not only is the recent addition suspect, but also it doesn’t jibe with the fact that the SEC is going after them.
    .
    I don’t think I have ever seen any instances in which one licks the hand that slaps you…

  • jbaustian

    (quote)I see that Rusty has now tossed Goldman Sachs in with the other “Obama co-conspirators”.
    .
    Wonder of wonders, not only is the recent addition suspect, but also it doesn’t jibe with the fact that the SEC is going after them.
    .
    I don’t think I have ever seen any instances in which one licks the hand that slaps you (end of quote)
    .
    Obama decided some weeks ago that he would have to kick Goldman Sachs under the bus, no matter how much the GS partners had given him and the Democrats over the last several election cycles.
    .
    This is not a new thing for Obama — previously he kicked Reverend Wright under the bus, and his white grandmother under the bus, and any other individual or group or organization that became a liability.
    .
    On this May Day, it is worth remembering those annual Politiburo photos, where the party leaders who had been executed in the last year were conveniently obliterated from the old photos. Obama cannot do that — he cannot hide from his past connections with GS, or run away from all the GS alumni in his administration.
    .
    But Obama benefits from a lap-dog media; he never has to answer uncomfortable questions if they are never asked.
    .
    Oh, if only George Orwell were alive today; he would have so much new material to work with.

  • 53_3

    Well, jbaustian, your opinions are your opinions, but are they based in any factuality?
    .
    I think not…

  • 53_3

    It is a very nice box you’ve managed to place Obama in, jbaustian.
    .
    Wish I could grab both ends of the stick like this, too. Of course, Obama, knowing the difference between right and wrong, did toss Reverend Wright aside. I can just imagine the rabidity and “I told you so” attitude had he not coming from the GOP crackpot brigades.
    .
    But then, I’ve seen far more hateful speech from any number of your peers. What rationalizations do you have for them?
    .
    As for his grandmother, I would try to avoid trying to trade in racial hatred for political gain, jbaustian. It is best to stay away from such bs. Try to be sensible about your criticism of him. This is clearly veering into Rusty’s territory here.
    .
    I was around too, and I know exactly what he said, and what he meant. He by no means tossed her under the bus. That is only your opinon.

  • 53_3

    “I can just imagine the rabidity and “I told you so” attitude had he not coming from the GOP crackpot brigades.”
    .
    To elaborate here:
    .
    In reference to if he had not?
    .
    The GOP crackpot brigade would have been right!

  • Cliff

    Seems like once again Swampland is missing the f@cking bus on important news, in favor of horserace BS.
    .
    Over the past five days, there has been one post about Arizona and illegal immigration.
    .
    Lindsey Graham pouting over immigration reform has gotten more coverage than this on Swampland.
    .
    British politics has gotten more coverage than Arizona, on Swampland.
    .
    I’d have thought that Universal Expert Joe Klein (who knows all things) would have weighed in at some point.

  • Paul-no not that one

    No worries Cliff, I’m sure Scherer will regurgitate President McCain’s thoughts at some point.
    .
    The story isn’t going away.
    .
    “Some local businesses are already feeling the financial fallout. The Arizona Hotel and Lodging Association say 19 meeting have been cancelled because of Senate Bill 1070.
    .
    These groups represent an economic impact of $6 million to the state.
    .
    Ben Bethel says, “It’s been a very quick swift action like I’ve never seen before.”’
    .
    http://www.azfamily.com/home/Local-businesses-feeling-financial-fallout-of-SB-1070-92553844.html

  • Cliff

    I’m sure Scherer will regurgitate President McCain’s thoughts at some point.
    .
    Whew. I was getting worried there.
    .
    But that reminds me, I wonder how many illegals McCain has cleaning his seven houses?

  • mikew67

    Financial reforms and investigations of principal actors in the meltdown, both are long overdue. Asleep-at-switch regulators of the Bush Regime, should also be held to some kind of account.

    The mega-banks had to be stabilized, they are too interconnected in the financial system we are all dependent on. Now they should be broken up into smaller pieces so working Americans, can never again be forced to bail out “too big to fail”.

    Balkingpoints / www

  • http://jcapan.wordpress.com jcapan

    “Seems like once again Swampland is missing the f@cking bus on important news, in favor of horserace BS.”
    .
    Yup, and what’s that other item of news, something about the Gulf of Mexico?

  • newfreedomblog

    Oh IQ53, isn’t it time to give your racist drivel a rest. It truly is getting old that you attack anyone who opposes Saintly Obama’s agenda with racist accusations.
    .
    Beating dead horses was done a long time ago. Try beating some ducks instead.
    .
    <u

  • 53_3

    “It truly is getting old that you attack anyone who opposes Saintly Obama’s agenda with racist accusations.”
    .
    It seems they only come out at night to drink, these days!
    .
    Talk about a kettle calling the pot black!
    .
    Rusty! Yo! Rusty!
    .
    How is that Sleeping White Giant doing these days? You know, the one you ranted about earlier this year?
    .
    It wouldn’t be polite to ask about your relatives either, so how are those stormfronters doing these days, have they managed to instigate any terrorism lately?

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