On April 16th morning, Wall
Street woke up to a rude shock,
as the Securities and Exchange Commission (SEC) charged
its most fabled firm, the venerable Goldman Sachs, of serious breach of
fiduciary duty involving a 2007 sale of a structured product. The financial
market regulator said in its civil fraud lawsuit, which it filed with the US
District Court for the Southern District of New York, that Goldman concealed
material information from investors into sale of a structured product by failing to
disclose that Paul Johnson & Co., a UK-based hedge fund, had bet against
it and had also had a role in portfolio selection. The erstwhile investment
bank, which transformed itself into a full-fledged commercial bank post the
financial crisis, not only hid this vital information from investors, but also
allegedly bet against its own client in a synthetic Collateralized Deal
Obligation (CDO) named Abacus, whose performance was tied to Residential
Mortgage-Based Securities (RMBS), which caused a billion dollar loss to the
said client, while it, along with the hedge fund, pocketed the profits. According
to Wikipedia, a synthetic CDO is a form of collateralized debt obligation in
which the underlying credit exposures are taken on using a credit default
swap, rather than by having a vehicle buy assets such as bonds. Consequent to
the SEC's move, the Senate subcommittee, on the
27th of the same month, summoned Goldman's CEO, its
Vice-President Fabrice Tourre, who was termed as `a whipping boy' by Senator
Tom Coburn, and whom SEC has alleged to be principally responsible for
ABACUS 2007-AC1. Goldman has released several personal e-mail
correspondences from 2007 between Tourre and his
girlfriend, which described many of the contracts the firm sold as crap. The
subcommittee, which grilled the executives in an 11-hour long grueling session, which
was reminiscent of the Pecora Commission hearings into the causes of the
1929 stock market crash, has not found much success so far. While Goldman, on
its part, has vehemently countered the charge that the firm misled
investors and sold products which its own staff referred to as worthless in their
e-mail communications, on the other hand, the swiftness with which the SEC has
acted in making its allegations public against the Wall Street's most powerful
firmwhich though has won popular support from average Americansis
being viewed by many as a desperate attempt by the Obama Administration to
gain wider (read: political) support for its effort to introduce a range of reforms
to rein in the Wall Street firms.
|