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Sergey Subpoena Update, Or The Goldman DOJ Connection
We have learned that Goldman has retained the exalted law firm of Boies, Schiller & Flexner, to quash the Aleynikov subpoena request. The lead partner on submitted papers is Matthew Friedrich, former assistant attorney general at the DOJ and deputy chief of staff to fomer US Attorney General, Michael Mukasey.
It sure pays (with 46 $100MM+ trading days in a quarter) to be connected.
Matt's bio from Boies's web site.
Matt Friedrich is a partner in the firm's Washington office. He focuses his practice on internal investigations, white collar criminal matters, and litigation.
Mr. Friedrich joined the firm following thirteen years in the U.S. Department of Justice (DOJ), where he most recently served as the acting Assistant Attorney General of the Criminal Division. In this capacity, Mr. Friedrich led the Division's more than 740 attorneys and staff in enforcing federal law in such areas as securities fraud, Foreign Corrupt Practices Act, money laundering, cyber security, public corruption, and health care fraud. Mr. Friedrich also served as the Chair of the National Procurement Fraud Task Force, and as a member of the President's Corporate Fraud Task Force.
Prior to his tenure as head of the Criminal Division, Mr. Friedrich served as the Deputy Chief of Staff to U.S. Attorney General Michael B. Mukasey.
Before coming to DOJ headquarters in Washington, Mr. Friedrich was an experienced courtroom prosecutor who specialized in white-collar criminal matters. Mr. Friedrich served as an Assistant United States Attorney (AUSA) in the Eastern District of Texas and in the Eastern District of Virginia. He was a member of the Enron Task Force, the group of prosecutors from across the United States selected to investigate and prosecute criminal cases arising from what was then the largest bankruptcy in U.S. History. Mr. Friedrich also served as a Trial Attorney in the Tax Division of the Department where he prosecuted criminal tax cases.
Mr. Friedrich is the recipient of the Attorney General's Distinguished Service award for his work on Enron, and of the Director's Award from the Executive Office for U.S. Attorneys for Superior Performance as an AUSA for his prosecution of two Pentagon officials for corruption.
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More on the Goldman - OJ connection to come.
Anyone get the feeling this is gonna play out like most spy movies should. The good guy gets killed in the first two minutes - end of story.
You should write the screenplay....
You got it all wrong.
The good guy will commit suicide because he felt cornered and OhSo remorseful.
That's how the majority of Secret Service guys assigned to the presidential detail find their fate. And don't forget Kellermann from Freddie Mac.
Ahhh, now that's a story that has the potential to expose blood on the hands of legislators. TD, please blast sway at that one, the way the Kellerman deal was just brushed over suggests many have much to lose with any transparency around his alleged suicide.
http://www.housingwire.com/2009/04/23/kellerman-the-scapegoat-of-a-self-fulfilling-prophecy/
But 15 years later, the son of the good guy hunts the criminals down.
This is a non-story. A very large proportion of prominent white collar/securities litigators spent time at the DOJ.
You don't need to tell us that. I just look at the story content and the keywords to determine the posters motive.
In this case; "
Looks like someone is trying to get their blog on the radar screens inside the beltway.... LoL
First two comments are funny. Now, can we crash GS already? Hate looking at my options up only 50% percent a day.
LOL ! I like to capitalize on Goldman's stock options,too. He, he...
Law firm of Barack Obama's campaign.
Should have hired the firm Letz, Cheetam, and Howe. They're much better at defending white collar crimes.
That's exactly what his lawyers do, and they hope to get GS and that funny guy (Negroponte or something like that, who went on record saying "I have not idea what is the program value") to realize it's not worth their trouble to push Sergey any further
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Why would GS need such high-calibre lawyers to handle a routine case like this one? After all, the guy admitted and the code is not in the wild, the FBI says they have the proof. So why do they need an A-lister just to quash a motion?
depends on what is alleged or being looked for in the subpoena....
maybe sergey knows something, stated it in the subpoena, and gs needs a big gun to do whatever it takes so that subpoena and info contained within does not see the light of day.
Simple. They have no idea what else might have been compromised along with the program. This is an excellent response to the stimuli of the motion for information he may have to begin with. Or, if he does not actually have the information, he is aware of the information and is exercising his rights under the rules of federal criminal procedure since it was GS that forced him into this situation.
GS is responding as if it has no option but to treat this whole case as if their former employee has their crown jewels and is shopping them.
As a retired DOJ employee I can assure you that GS would not have reacted this way if it were not concerned with this development. It is especially telling that GS went this route rather than continue to exploit their friend of the government role as when the charges were first brought. It appears as though the negative press surrounding the AUSA's statements in court regarding the program in question caused more heartburn than even some observers appreciated.
If GS really wants to quash all of this all they need to do is quash the indictment thereby making all of this a civil matter to be handled in the usual manner.
thanks for your insights layne.
Doing what I can...
Appreciated
> he is aware of the information and is exercising his rights under the rules of federal criminal procedure since it was GS that forced him into this situation
That's exactly what his lawyers do, and they hope to get GS and that funny guy (Negroponte or something like that, who went on record saying "I have not idea what is the program value") to realize it's not worth their trouble to push Sergey any further.
Agreed,
The term is 'cannot withstand discovery'.
This would be more fun if Boies etal were preparing at this point to defend Goldman's executives in a criminal proceeding.
One can only hope ...
Matthew Friedrich didn't join BS&F until July 22, 2009.
Well after the 4th of July 'emergency hearing' for Aleynikov. When the case was filed, he worked for the DoJ.
is that this friedrich?
http://www.mcclatchydc.com/homepage/story/38218.html
OT: Law Offices of Howard G. Smith Announces Class Action Lawsuit Against ProShares’ UltraShort Real Estate ETF
Yep, again. Interesting timing, huh
http://www.pr-inside.com/law-offices-of-howard-g-smith-r1429695.htm
The problem that GS has, which, by the way, is exactly the same problem that I wish I had, is that they are the only player on the Street. Therefore all the criticism of Wall Street is concentrated on them.... There is no one that they can point the finger at and say..... "They did it too...." or "He made me do it....."
What a bummer.....
Boies, Schiller & Flexner isn't exactly an impressive firm, those dumb asses took the SCO case and IBM's lawyers have handed them their own asses over and over again.
Sorry, I should have included a bit of background on the idiotic SCO case: http://www.groklaw.net/
ah, that's why they have an office in armonk, just 1.1 mi from the IBM HQ...
Boies lives just up the road from that office.
I'm speculating that the subpoena is for the entire source code which would be needed to establish that anything that Sergey may have downloaded is inconsequential.
I was not interested in their entire codebase just the 32 megabytes of secret sauce that Sergey had eyes on. The exact source code is not important. The abstract interfaces have been enough to get a foothold.
GS hiring this firm has more to do with this Friedrich guy that's on board than with the quality of the firm.
Speaking of the connection between Goldman and DOJ, I wonder why the media hasn't investigated how quickly the FBI acted on Goldman's complaint.
Somebody with a lot of clout (at cabinet level or above) must have ordered the FBI to go after Aleynikov. The FBI doesn't react to complaints that quickly.
From the Treasury they do
I totally agree, the FBI does not move this fast unless political. Do not forget, it is a political organization. Remember the most wanted Whitey Bulger of Boston. His handler John Connelly ( former FBI supervisor who was convicted as an accessory to muder) was a FBI agent who wanted to get back to his hometown of Boston. Mike McCormack , long ago speaker of the house, had him transferred back to Boston.
That poor bastard doesn't stand a chance.
GS STK TANKING PAST 2 DAYS, LEADING INDICATOR FOR FINANCIALS & MKT AS A WHOLE!! SHORT THE HELL OUT OF IT, THE MOMENT HAS ARRIVED!!!
now if you could just convince the Fed, SEC, DoJ, FBI, and White House, those puts will finally pay off
So how long have you worked for GS, my lil short squeeze? Perhaps you could provide us some insight into this case...
I have to wonder if this entire fiasco could simply be a real-life 'Burn After Reading,' with the part of Chad Feldheimer played by Aleynikov. Anybody know if he resembles Brad Pitt?
The AUSAs head must be spinning. "Hey, you guys brought me this case and now you think you can jeopardize it!" Expect Grand Jury subpoanas directed at Goldman. Neither the SDNY nor the judge will put up with Goldman. They made a huge mistake.
I totally agree, the FBI does not move this fast unless political. Do not forget, it is a political organization. Remember the most wanted Whitey Bulger of Boston. His handler John Connelly ( former FBI supervisor who was convicted...I agree
The Rich article says"
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Just what this site needed...ANOTHER story about goldman sachs.
Hooray.
tips at zerohedge dot com if you got something else
Why would I want to email tips@zerohedge.com ?
To GS option traders. HACK THE PLANET!!! HACK THE PLANET :)
The moment that to this date defines Matthew Lillard's career.
Just imagine GS is a Gibson.... oh ya a Gibson baby.
HACK THE PLANET!!!! HACK THE PLANET!!!!HACK THE PLANET!!!!HACK THE PLANET!!!!
Enjoy
http://www.youtube.com/watch?v=drJWxMLrpE0
NEW YORK, Aug 10 (Reuters) - A U.S. judge on Monday denied a motion by Goldman Sachs Group Inc (GS.N) to quash a request for personnel information on a former computer programmer accused of stealing trade secrets from the firm.
Ahhh, now that's a story that has the potential to expose blood on the hands of legislators. TD, please blast sway at that one, the way the Kellerman deal was just brushed over suggests many have much to lose with any transparency around his alleged suicide.
my newest bookmarked finance website...http://www...