"some dealers (most notably Goldman and DeutscheBank) had programs of heavily subprime synthetic collateralized debt obligations which they used to take short positions. Needless to say, the firms have been presumed to have designed these CDOs so that their short would pay off, meaning that they designed the CDOs to fail. The reason this is problematic is that most investors would assume that a dealer selling a product it had underwritten was acting as a middleman, intermediating between the views of short and long investors. Having the firm act to design the deal to serve its own interests doesn’t pass the smell test (one benchmark: Bear Stearns refused to sell synthetic CDOs on behalf of John Paulson, who similarly wanted to use them to establish a short position. How often does trading oriented firm turn down a potentially profitable trade because they don’t like the ethics?)
But she’s not sure how the federal action will play out: “Strange as it may seem, structured credit-related litigation is a new area of law, with few precedents. Until the credit crisis, unhappy investors seldom sued dealers and other key transaction participants.”
The S.E.C. says the bank defrauded clients on bundled mortgages. Will it lose its privileged position on Wall Street and in Washington?
.For the handful of Americans who haven’t read this, here’s a good bare-bones explanation of what the firm allegedly did from Annie Lowrey of The Washington Independent: “The hedge fund Paulson & Co … handpicked mortgage-backed securities that were doomed to stop performing, being backed with subprime mortgages, and Goldman packaged them into a kind of bond. Paulson bet against the bond, with Goldman acting as the broker; at the same time, Goldman sold the bond to other clients without disclosing that Paulson had engineered the bond to fail. The S.E.C. filing notes that those other clients lost $1 billion. Goldman had no direct stake in the success or failure of the CDO. It made money either way.”
“Finally!!!!” adds Dakinikat at the Confluence. “The details of a S.E.C. lawsuit against Goldman Sachs basically confirms everything we’ve been saying for some time out here in the financial/economic blogosphere. GS basically let some of its hedge fund managers design CDO’s that were bound to fail, sold them as safe, and then placed sidebets knowing full well they would fail. My biggest hope is that this translates into tougher regulation and more transparency in the derivatives market. We’ve been seeing just the opposite as reform moves through committees. If more of this comes, it will be hard for Dodd to pass watered-down regulations while the focus on such antics is sharp.”
“This isn’t just about the fact that Goldman sold its clients some bonds and then later bet against them,” writes Stephen Spruiell at The Corner. “In my view, that wouldn’t be so bad.” So what’s the problem?
Goldman structured and sold a particular bond, a structured product known as a Collateralized Debt Obligation (CDO). … The outside consultant Goldman hired to select which mortgages would go into the CDO, a hedge-fund manager named John Paulson, is now known as one of the most famous housing shorts ever — he made an estimated $3.7 billion betting that these kinds of mortgage-backed bonds would go bad. So it is pretty disturbing that Goldman would bring him in as an “independent manager” to help it construct a CDO and not disclose this fact to the CDO’s buyers.
It would be like holding a basketball game, letting a Vegas sharp secretly select the players on one of the teams, and then presenting it to the public as a fair game. The sharp would have an incentive to select the worst players for his team and then bet against it. According to the SEC, that is exactly what Paulson and Goldman did.
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http://opinionator.blogs.nytimes.com/2010/04/16/goldmans-stacked-bet/?scp=43&sq=goldman%20sachs%20and%20shorting&st=cse