Sunday, April 18, 2010

>> SEC Unleashes the "Pit Bull" on Goldman



SEC's Lawsuit against Goldman
From Friday's SEC Complaint:
SEC Charges Goldman Sachs With Fraud in Structuring and Marketing of CDO Tied to Subprime Mortgages -
The Securities and Exchange Commission today charged Goldman, Sachs & Co. and one of its vice presidents for defrauding investors by misstating and omitting key facts about a financial product tied to subprime mortgages as the U.S. housing market was beginning to falter.

Goldman Sachs: Disappointed with SEC
Goldman says it lost more than $90 million on this transaction, from Goldman's press release:

New York, April 16, 2010 - The Goldman Sachs Group, Inc. (NYSE: GS) said today:We are disappointed that the SEC would bring this action related to a single transaction in the face of an extensive record which establishes that the accusations are unfounded in law and fact.

We want to emphasize the following four critical points which were missing from the SEC’s complaint:

1. Goldman Sachs Lost Money On The Transaction.
2. Extensive Disclosure Was Provided
3. ACA, the Largest Investor, Selected The Portfolio
4. Goldman Sachs Never Represented to ACA That Paulson Was Going To Be A Long Investor


Sam Antar Speaks

Sam Antar is the former CFO of Crazy Eddie and convicted felon who in his own words describes himself as:
I teach law enforcement, government entities, professionals, businesses, and students about white collar crime and train them to catch corporate miscreants. I do not teach ethics. Rather, I teach about the immorality and unethical behavior of white collar criminals from my own cold-blooded experience and how to deal with such menaces to society.

Sam wrote a fascinating article on his opinion on the SEC getting after Goldman. Quoting from his article:
The SEC chose top gun Richard E. Simpson as its lead counsel in its lawsuit against Goldman Sachs and Fabrice Tourre. Coincidently, Richard E. Simpson was the same lead counsel for the SEC in its successful case against Crazy Eddie and the Antar family.
...

Simpson's relentless pursuit of the Antars earned him the nickname "Pit bull" from US Attorney Michael Chertoff's office, which prosecuted the Crazy criminal case.

...
Rick is a tough adversary. I swear he works over 90 hours a week. He's focused, aggressive, and understands the way criminals operate. He knows accounting backward and forward, which is rare for an attorney. Richard Simpson is what the SEC should be today, but unfortunately is not.
Sam knows a thing or two about securities fraud, having passed the CPA examination in 1980 with a 90% and scored in the top 1% in the country; and then going on to help mastermind one of the largest securities fraud of its time.

Read Sam's opinion on the nature and timing of the complaint here.

Related reading:

Labels: , , , ,



0 Comments:

Post a Comment

<< Home