This page has been archived and commenting is disabled.

Goldman Statement On SEC Settlement

Tyler Durden's picture




 

Goldman Sachs Statement on SEC Settlement
15 July 2010

Goldman, Sachs & Co., the broker- dealer, has agreed to a settlement with the U.S. Securities and Exchange Commission to resolve the SEC’s pending case against the firm relating to disclosures in the ABACUS 2007-AC1 CDO offering.  The settlement is subject to the approval of the United States Court for the Southern District of New York.

The firm entered into the settlement without admitting or denying the SEC’s allegations.  As part of the settlement, however, we acknowledged “that the marketing materials for the ABACUS 2007-ACI transaction contained incomplete information.  In particular, it was a mistake for the Goldman marketing materials to state that the reference portfolio was ‘selected by’ ACA Management LLC without disclosing the role of Paulson & Co. Inc. in the portfolio selection process and that Paulson’s economic interests were adverse to CDO investors.  Goldman regrets that the marketing materials did not contain that disclosure.”

We believe that this settlement is the right outcome for our firm, our shareholders and our clients.

We understand that the SEC staff also has completed a review of a number of other Goldman Sachs mortgage-related CDO transactions and does not anticipate recommending any claims against Goldman Sachs or any of its employees with respect to those transactions based on the materials it has reviewed.  We recognize that, as is always the case, the SEC has reserved the right to reopen those matters based on new information.

 

- advertisements -

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
Thu, 07/15/2010 - 17:43 | 472299 Cammy Le Flage
Cammy Le Flage's picture

Legalized fraud with a cherry on top.  How nice.  I know of no individual who could get away with that.

Thu, 07/15/2010 - 18:26 | 472399 Bizzle
Bizzle's picture

I lack the words to describe how this makes me feel.  I am past outraged.  I guess just sad and dejected.

 

I hope there's a revolution.  I will join it.

Thu, 07/15/2010 - 18:46 | 472432 ZeroPower
ZeroPower's picture

Still cant believe the $500MM amount.

ITS 3 DAYS OF REVENUES FOR GS!

Did the SEC think this being labeled as 'biggest fine yet' made it any harsher?

Thu, 07/15/2010 - 19:27 | 472500 Fazzie
Fazzie's picture

 "Biggest fine yet" = two slaps on wrist.

 If I were to be caught stealing a can of spam from a store, by comparison, I would get fined at least a full weeks pay and would never be offered a plea deal to avoid admitting guilt. I would have a criminal record too.

 

Thu, 07/15/2010 - 21:45 | 472720 knukles
knukles's picture

"right outcome for our firm, our shareholders and our clients."

Check out the Ordinal Sequence for just whom the settlement is "right".

Dr. Freud was here.

 

Proof Positive: 
There Exists a Power Elite. 
Prima Facie, QED

Thu, 07/15/2010 - 17:45 | 472303 pseanthebull
pseanthebull's picture

They bury Galleon and Goldman just walks.

Makes me just sick to my stomach.

Thu, 07/15/2010 - 17:45 | 472304 papaswamp
papaswamp's picture

Bastards didn't even give us the reach around......

Thu, 07/15/2010 - 18:32 | 472407 Blano
Blano's picture

Galleon is the much smaller sacrificial lamb.  Their 8 billion fraud barely covers a third of the Squid's bonus pool.

And how many Galleon alum collect paychecks from the guvmint??

Thu, 07/15/2010 - 17:48 | 472313 buzzsaw99
buzzsaw99's picture

Dick Bove bitchez!

Thu, 07/15/2010 - 17:49 | 472314 Ragnarok
Ragnarok's picture

OT: It looks like whatever Obama does in the future is going to have a lot more challenges from the states:

 

http://www.realclearpolitics.com/epolls/2010/governor/2010_elections_gov...

Thu, 07/15/2010 - 17:51 | 472317 Divided States ...
Divided States of America's picture

This sets bad precedents...I guess they can get away with anything now if there's always a back door out. Hell, even Timmy got away with tax evasion....too bad if you did that, you be in the slammer with probably a bunch of guys looking to get into your back door.

Thu, 07/15/2010 - 17:58 | 472346 SheepDog-One
SheepDog-One's picture

Sets bad precedents? Hell its what makes people into suicide bombers.

Thu, 07/15/2010 - 18:00 | 472354 walküre
walküre's picture

If you're caught cheating on your taxes, refer to the Timmy rule.

What are they going to say? A precedent is a precedent.

America is sliding into anarchy.

 

Thu, 07/15/2010 - 17:50 | 472318 PlausibleDenial
PlausibleDenial's picture

I just can't get over this ruling.  My anger is beyond belief.  I am going to kick the dog.  I am surprised there is not someone taking a 9mm on their way to work.  That's how mad I am. 

Thu, 07/15/2010 - 17:55 | 472332 Divided States ...
Divided States of America's picture

Dont kick the dog, he had nothing to do with this travesty. Well, unless your dog's name is Blankfein and he screws around with the other dogs in your neighborhood.

Thu, 07/15/2010 - 18:20 | 472355 Amish Rake Fighter
Amish Rake Fighter's picture

*

Thu, 07/15/2010 - 19:19 | 472492 grunion
grunion's picture

Made me blow green tea out of my nose....

Thu, 07/15/2010 - 17:52 | 472321 Rainman
Rainman's picture

It was a marketing materials malfunction. It could happen to any legitimate firm trying to move through the fog of complicated deals. All is well now. We have a new marketing materials manager in charge. 

Thu, 07/15/2010 - 18:01 | 472357 Cleanclog
Cleanclog's picture

Perfect summation.  

And now every recommendation of an investment will come with a 2 hour presentation of disclosures and a thesaurus thick prospectus.  But the inventors will all be safe cuz fault lies with the marketing materials compilers and distributors.  Those with the $35K annual salary and no bonus.  The inventors can still count on the 7 to 10 figure compensations.  Building a bigger bonus pool all the time.  Planning for another bailout soon too.

Thu, 07/15/2010 - 17:55 | 472329 traderjoe
traderjoe's picture

The PTB seems to be flying pretty close to the sun here. First, the timing (the day FinReg passes) is just a bit too coincidental. 

But the real point is - how much will this further quietly enrage the mom-and-pop investor? Clearly the system is rigged. GS is the squid, but the preferred squid. 

Wonder if they are trying to keep the market up for ... how much longer ... before the final flush where they take over all of the defaulted assets. 

Thu, 07/15/2010 - 17:56 | 472334 buzzsaw99
buzzsaw99's picture

the finreg opex secset double shuffle pump up bitchez!

Thu, 07/15/2010 - 18:52 | 472444 fuu
fuu's picture

Nice.

Thu, 07/15/2010 - 17:56 | 472336 SheepDog-One
SheepDog-One's picture

I just wish for the complete destruction of it all, hell Id cheer a 747 directly into Wall St I'll never participate in anything having to do with this country again. Done.

Thu, 07/15/2010 - 17:57 | 472337 Amish Rake Fighter
Amish Rake Fighter's picture

Perfect political timing for the verdict, using the announcement of the financial "reform" bill as cover.

Thu, 07/15/2010 - 17:57 | 472340 HEHEHE
HEHEHE's picture

"And now, back to recommending the worst possible trades to these very clients"

Need to revise to:

"And now, back to recommending the worst possible trades to these very clients...while taking the other side"

Thu, 07/15/2010 - 17:57 | 472343 Let them all fail
Let them all fail's picture

Gotta let them keep money for political contributions, don't bite the hand that feeds

Thu, 07/15/2010 - 17:59 | 472348 wiskeyrunner
wiskeyrunner's picture

When will we purge this leach from our nation.

Thu, 07/15/2010 - 18:06 | 472363 Fish Gone Bad
Fish Gone Bad's picture

So they made a few billion and got fined a few million.  Goldman gets away with hurting so many people once again...

Thu, 07/15/2010 - 18:10 | 472372 reader2010
reader2010's picture

it simply confirms that they truly own the system.

Thu, 07/15/2010 - 18:10 | 472373 Chemba
Chemba's picture

If the SEC had a case, they would not have settled for $550 MM, and they would have demanded resignation of Lloyd or Gary Cohn or both.  They obviously did not have a case that was going to stand up in court.

It is unfortunate that this outcome is inconsistent with the ZH GS' narrative, but it's time to get over it.

Thu, 07/15/2010 - 19:18 | 472488 Dburn
Dburn's picture

"If the SEC had a case..."

They wouldn't fucking know what to do with it.

It's time for a new executive branch , each 4 years until someone finally "gets it". The rest of the comment is pure unadulterated GS knob polishing complete with swallowing.

Thu, 07/15/2010 - 19:26 | 472498 Amish Rake Fighter
Amish Rake Fighter's picture

Well said, Mrs. Blankfein.

Thu, 07/15/2010 - 20:09 | 472553 NOTW777
NOTW777's picture

you are right they dont have "a" case, they have 10,000.  they dont "demand" anything except access to porn.  have you been to court?  often you dont have to "stand up."  just drag the victim in.  you think GS is a sympathetic defendant?  civil cases have a low standard of proof.  the SEC could file dozens of cases a day.

this is about creating the appearance that obama is saving the public from big evil banks who just happen to give him millions in campaign contributions.

Thu, 07/15/2010 - 18:14 | 472377 MarketTruth
MarketTruth's picture

So how much $$$ did GS make of this possible fraud an how much were they fined without admitting guilt or anyone going to jail?

Thu, 07/15/2010 - 18:15 | 472380 jesus_quintana
jesus_quintana's picture

Laughable.

Thu, 07/15/2010 - 18:40 | 472421 LeBalance
LeBalance's picture

GS was asked to take responsibility for their actions.  Just think where they are going to.  Not where they are.

http://www.youtube.com/watch?v=EqP3wT5lpa4

Gonna get you!

Thu, 07/15/2010 - 18:57 | 472453 fuu
fuu's picture


“To the last, I grapple with thee; From Hell's heart, I stab at thee; For hate's sake, I spit my last breath at thee”

 

-Some American Guy

Thu, 07/15/2010 - 18:59 | 472462 Mentaliusanything
Mentaliusanything's picture

But should they lose their licence to operate ??? 

I think the SEC has solid grounds to deny them.

AKA - Arthur Andersons - oh thats right - change the name on the shingle and move on

Thu, 07/15/2010 - 19:16 | 472487 Gordon_Gekko
Gordon_Gekko's picture

Looks like our taxes are going to be raised again...

Thu, 07/15/2010 - 20:51 | 472629 Ignatius J Reilly
Ignatius J Reilly's picture

Nah, that's why the fine is so low.

Thu, 07/15/2010 - 19:44 | 472522 agrotera
agrotera's picture

Sooooooo, it is OK to defraud and mislead investors, as long as you pay off in a so called "settlement" occasionally, and since you don't  "admit" any wrong doing, you don't have to be barred from the industry forever?

 

!@#$$%%^^ .....but what good does my anger do?

Thu, 07/15/2010 - 20:12 | 472557 NOTW777
NOTW777's picture

next time you get caught robbing a bank remember the GS defense - it was just a "mistake."

just like the current cool line that certain political leaders lies are

"misstatements"

Thu, 07/15/2010 - 22:32 | 472786 Myzery
Myzery's picture

the marketing materials clearly indicate that the bank you robbed understands and accepts the risks invoved of being open for business. If they didn't want to get robbed, they shouldn't have been open.

I love how "buyer beware" becomes an excuse for fraud.

 

 

Thu, 07/15/2010 - 21:07 | 472660 Milestones
Milestones's picture

Look Mama, they had the gall to spit on my shoes!! Wait for the opening bell Monday.

Put a little more steam in the boiler. Pompeii was nothing compared to when this thing goes off. Milestones

 

Thu, 07/15/2010 - 22:30 | 472782 Myzery
Myzery's picture

Where does this fine go?

To the SEC?

To the general budget?

To the "Taxpayers"? (hahah I love that... like 'taxpayers' are an autonmous group)

To buy /ES? (AHH! So that explains the market pump!)

To buy treasuries?

 

...because all these seem to come full circle...

 

They should have fined GS one day of prop trading. Asset freeze for one single day. I would have loved to see that.

 

 

 

Thu, 07/15/2010 - 23:54 | 472889 rosiescenario
rosiescenario's picture

We would really be better off without the SEC. Investors would then actually realize that no one was looking out for them and might do their homework. The problem now is that there is a misconception by investors that someone is protecting them.

Fri, 07/16/2010 - 01:51 | 472958 SilverIsKing
SilverIsKing's picture

"We didn't do anything wrong and here's a tip for being so understanding."

Fri, 07/16/2010 - 03:33 | 472999 Troy Ounce
Troy Ounce's picture

It seems Goldman hangs out this Frabrice Tourre guy out to dry.

Great, perhaps we'll have a whistle blower.

Fri, 07/16/2010 - 04:50 | 473021 theprofromdover
theprofromdover's picture

"......We understand that the SEC staff also has completed a review of a number of other Goldman Sachs mortgage-related CDO transactions and does not anticipate recommending any claims against Goldman Sachs or any of its employees with respect to those transactions based on the materials it has reviewed.  We recognize that, as is always the case, the SEC has reserved the right to reopen those matters based on new information......"

Well come on SEC, the Squid has given you the green light to open up another one -once a month for $500m -or double it compound for each transgression.

So lets hear from you Monday,  bet there a dozens of these scams.


Fri, 07/16/2010 - 04:51 | 473023 theprofromdover
theprofromdover's picture

I would also fine them for the contempt of the GS statement of non-guilt.

Sat, 07/17/2010 - 03:21 | 473204 williambanzai7
williambanzai7's picture

KICK THESE DOGGIES http://williambanzai7.blogspot.com/2010/06/best-of-wall-street-breeds-go...

No nation however powerful, any more than an individual, can be unjust with impunity. Sooner or later, public opinion, an instrument merely moral in the beginning, will find occasion physically to inflict its sentences on the unjust… The lesson is useful to the weak as well as the strong.

Thomas Jefferson

Sat, 08/14/2010 - 10:17 | 521537 herry
herry's picture

Really this is a great post from an expert and thank you very much for sharing this valuable information with us................ windows vps | cheap vps | cheap hosting | forex vps

Do NOT follow this link or you will be banned from the site!