The Financial Fallout (It's ALL a SCAM)
67
The great scam.
The first thing you need to know about Goldman Sachs is that it's
> everywhere. The world's most powerful investment bank is a great vampire
> squid wrapped around the face of humanity, relentlessly jamming its blood
> funnel into anything that smells like money. In fact, the history of the
> recent financial crisis, which doubles as a history of the rapid decline and
> fall of the suddenly swindled dry American empire, reads like a Who's Who of
> Goldman Sachs graduates.
>
> By now, most of us know the major players. As George Bush's last Treasury
> secretary, former Goldman CEO Henry Paulson was the architect of the
> bailout, a suspiciously self-serving plan to funnel trillions of Your
> Dollars to a handful of his old friends on Wall Street. Robert Rubin, Bill
> Clinton's former Treasury secretary, spent 26 years at Goldman before
> becoming chairman of Citigroup — which in turn got a $300 billion taxpayer
> bailout from Paulson. There's John Thain, the chief of Merrill Lynch who
> bought an $87,000 area rug for his office as his company was imploding; a
> former Goldman banker, Thain enjoyed a multibilliondollar handout from
> Paulson, who used billions in taxpayer funds to help Bank of America rescue
> Thain's sorry company. And Robert Steel, the former Goldmanite head of
> Wachovia, scored himself and his fellow executives $225 million in
> goldenparachute payments as his bank was selfdestructing. There's Joshua
> Bolten, Bush's chief of staff during the bailout, and Mark Patterson, the
> current Treasury chief of staff, who was a Goldman lobbyist just a year ago,
> and Ed Liddy, the former Goldman director whom Paulson put in charge of
> bailedout insurance giant AIG, which forked over $13 billion to Goldman
> after Liddy came on board. The heads of the Canadian and Italian national
> banks are Goldman alums, as is the head of the World Bank, the head of the
> New York Stock Exchange, the last two heads of the Federal Reserve Bank of
> New York — which, incidentally, is now in charge of overseeing Goldman.
>
> But then, any attempt to construct a narrative around all the former
> Goldmanites in influential positions quickly becomes an absurd and pointless
> exercise, like trying to make a list of everything. What you need to know is
> the big picture: If America is circling the drain, Goldman Sachs has found a
> way to be that drain — an extremely unfortunate loophole in the system of
> Western democratic capitalism, which never foresaw that in a society
> governed passively by free markets and free elections, organized greed
> always defeats disorganized democracy.
>
> The bank's unprecedented reach and power have enabled it to turn all of
> America into a giant pumpanddump scam, manipulating whole economic sectors
> for years at a time, moving the dice game as this or that market collapses,
> and all the time gorging itself on the unseen costs that are breaking
> families everywhere — high gas prices, rising consumercredit rates,
> halfeaten pension funds, mass layoffs, future taxes to pay off bailouts. All
> that money that you're losing, it's going somewhere, and in both a literal
> and a figurative sense, Goldman Sachs is where it's going: The bank is a
> huge, highly sophisticated engine for converting the useful, deployed wealth
> of society into the least useful, most wasteful and insoluble substance on
> Earth — pure profit for rich individuals.
>
> They achieve this using the same playbook over and over again. The formula
> is relatively simple: Goldman positions itself in the middle of a
> speculative bubble, selling investments they know are crap. Then they hoover
> up vast sums from the middle and lower floors of society with the aid of a
> crippled and corrupt state that allows it to rewrite the rules in exchange
> for the relative pennies the bank throws at political patronage. Finally,
> when it all goes bust, leaving millions of ordinary citizens broke, they
> begin the entire process over again, riding in to rescue us all by lending
> us back our own money at interest, selling themselves as men above greed,
> just a bunch of really smart guys keeping the wheels greased. They've been
> pulling this same stunt over and over since the 1920s — and now they're
> preparing to do it again, creating what may be the biggest and most
> audacious bubble yet.
>
> If you want to understand how we got into this financial crisis, you have to
> first understand where all the money went — and in order to understand that,
> you need to understand what Goldman has already gotten away with. It is a
> history exactly five bubbles long — including last year's strange and
> seemingly inexplicable spike in the price of oil. There were a lot of losers
> in each of those bubbles, and in the bailout that followed. But Goldman
> wasn't one of them.
>
> BUBBLE #1 The Great Depression
>
> Goldman wasn't always a too-big-to-fail Wall Street behemoth, the ruthless
> face of kill-or-be-killed capitalism on steroids — just almost always. The
> bank was actually founded in 1869 by a German immigrant named Marcus
> Goldman, who built it up with his soninlaw Samuel Sachs. They were pioneers
> in the use of commercial paper, which is just a fancy way of saying they
> made money lending out shortterm IOUs to smalltime vendors in downtown
> Manhattan.
>
> You can probably guess the basic plotline of Goldman's first 100 years in
> business: plucky, immigrantled investment bank beats the odds, pulls itself
> up by its bootstraps, makes loads of money. In that ancient history there's
> really only one episode that bears scrutiny now, in light of more recent
> events: Goldman's disastrous foray into the speculative mania of precrash
> Wall Street in the late 1920s.
>
> This great Hindenburg of financial history has a few features that might
> sound familiar. Back then, the main financial tool used to bilk investors
> was called an "investment trust." Similar to modern mutual funds, the trusts
> took the cash of investors large and small and (theoretically, at least)
> invested it in a smorgasbord of Wall Street securities, though the
> securities and amounts were often kept hidden from the public. So a regular
> guy could invest $10 or $100 in a trust and feel like he was a big player.
> Much as in the 1990s, when new vehicles like day trading and etrading
> attracted reams of new suckers from the sticks who wanted to feel like big
> shots, investment trusts roped a new generation of regular guy investors
> into the speculation game.
>
> Beginning a pattern that would repeat itself over and over again, Goldman
> got into the investmenttrust game late, then jumped in with both feet and
> went hogwild. The first effort was the Goldman Sachs Trading Corporation;
> the bank issued a million shares at $100 apiece, bought all those shares
> with its own money and then sold 90 percent of them to the hungry public at
> $104. The trading corporation then relentlessly bought shares in itself,
> bidding the price up further and further. Eventually it dumped part of its
> holdings and sponsored a new trust, the Shenandoah Corporation, issuing
> millions more in shares in that fund — which in turn sponsored yet another
> trust called the Blue Ridge Corporation. In this way, each investment trust
> served as a front for an endless investment pyramid: Goldman hiding behind
> Goldman hiding behind Goldman. Of the 7,250,000 initial shares of Blue
> Ridge, 6,250,000 were actually owned by Shenandoah — which, of course, was
> in large part owned by Goldman Trading.
>
> The end result (ask yourself if this sounds familiar) was a daisy chain of
> borrowed money, one exquisitely vulnerable to a decline in performance
> anywhere along the line. The basic idea isn't hard to follow. You take a
> dollar and borrow nine against it; then you take that $10 fund and borrow
> $90; then you take your $100 fund and, so long as the public is still
> lending, borrow and invest $900. If the last fund in the line starts to lose
> value, you no longer have the money to pay back your investors, and everyone
> gets massacred.
>
> In a chapter from The Great Crash, 1929 titled "In Goldman Sachs We Trust,"
> the famed economist John Kenneth Galbraith held up the Blue Ridge and
> Shenandoah trusts as classic examples of the insanity of leverage based
> investment. The trusts, he wrote, were a major cause of the market's
> historic crash; in today's dollars, the losses the bank suffered totaled
> $475 billion. "It is difficult not to marvel at the imagination which was
> implicit in this gargantuan insanity," Galbraith observed, sounding like
> Keith Olbermann in an ascot. "If there must be madness, something may be
> said for having it on a heroic scale."
>
> BUBBLE #2 Tech Stocks
>
> Fast-forward about 65 years. Goldman not only survived the crash that wiped
> out so many of the investors it duped, it went on to become the chief
> underwriter to the country's wealthiest and most powerful corporations.
> Thanks to Sidney Weinberg, who rose from the rank of janitor's assistant to
> head the firm, Goldman became the pioneer of the initial public offering,
> one of the principal and most lucrative means by which companies raise
> money. During the 1970s and 1980s, Goldman may not have been the
> planet-eating Death Star of political influence it is today, but it was a
> topdrawer firm that had a reputation for attracting the very smartest talent
> on the Street.
>
> It also, oddly enough, had a reputation for relatively solid ethics and a
> patient approach to investment that shunned the fast buck; its executives
> were trained to adopt the firm's mantra, "longterm greedy." One former
> Goldman banker who left the firm in the early Nineties recalls seeing his
> superiors give up a very profitable deal on the grounds that it was a
> longterm loser. "We gave back money to 'grownup' corporate clients who had
> made bad deals with us," he says. "Everything we did was legal and fair —
> but 'longterm greedy' said we didn't want to make such a profit at the
> clients' collective expense that we spoiled the marketplace."
>
> But then, something happened. It's hard to say what it was exactly; it might
> have been the fact that Goldman's cochairman in the early Nineties, Robert
> Rubin, followed Bill Clinton to the White House, where he directed the
> National Economic Council and eventually became Treasury secretary. While
> the American media fell in love with the story line of a pair of babyboomer,
> Sixtieschild, Fleetwood Mac yuppies nesting in the White House, it also
> nursed an undisguised crush on Rubin, who was hyped as without a doubt the
> smartest person ever to walk the face of the Earth, with Newton, Einstein,
> Mozart and Kant running far behind.
>
> Rubin was the prototypical Goldman banker. He was probably born in a $4,000
> suit, he had a face that seemed permanently frozen just short of an apology
> for being so much smarter than you, and he exuded a Spock-like,
> emotion-neutral exterior; the only human feeling you could imagine him
> experiencing was a nightmare about being forced to fly coach. It became
> almost a national clichè that whatever Rubin thought was best for the
> economy
—a phenomenon that reached its apex in 1999, when Rubin appeared on
> the cover of Time with his Treasury deputy, Larry Summers, and Fed chief
> Alan Greenspan under the headline The Committee To Save The World. And "what
> Rubin thought," mostly, was that the American economy, and in particular the
> financial markets, were over-regulated and needed to be set free. During his
> tenure at Treasury, the Clinton White House made a series of moves that
> would have drastic consequences for the global economy
—beginning with
> Rubin's complete and total failure to regulate his old firm during its first
> mad dash for obscene short-term profits.
>
> The basic scam in the Internet Age is pretty easy even for the financially
> illiterate to grasp. Companies that weren't much more than potfueled ideas
> scrawled on napkins by uptoolate bongsmokers were taken public via IPOs,
> hyped in the media and sold to the public for mega-millions. It was as if
> banks like Goldman were wrapping ribbons around watermelons, tossing them
> out 50-story windows and opening the phones for bids. In this game you were
> a winner only if you took your money out before the melon hit the pavement.
>
> It sounds obvious now, but what the average investor didn't know at the time
> was that the banks had changed the rules of the game, making the deals look
> better than they actually were. They did this by setting up what was, in
> reality, a two-tiered investment system
—one for the insiders who knew the
> real numbers, and another for the lay investor who was invited to chase
> soaring prices the banks themselves knew were irrational. While Goldman's
> later pattern would be to capitalize on changes in the regulatory
> environment, its key innovation in the Internet years was to abandon its own
> industry's standards of quality control.
>
> "Since the Depression, there were strict underwriting guidelines that Wall
> Street adhered to when taking a company public," says one prominent
> hedge-fund manager. "The company had to be in business for a minimum of five
> years, and it had to show profitability for three consecutive years. But
> Wall Street took these guidelines and threw them in the trash." Goldman
> completed the snow job by pumping up the sham stocks: "Their analysts were
> out there saying Bullshit.com is worth $100 a share."
>
> The problem was, nobody told investors that the rules had changed. "Everyone
> on the inside knew," the manager says. "Bob Rubin sure as hell knew what the
> underwriting standards were. They'd been intact since the 1930s."
>
> Jay Ritter, a professor of finance at the University of Florida who
> specializes in IPOs, says banks like Goldman knew full well that many of the
> public offerings they were touting would never make a dime. "In the early
> Eighties, the major underwriters insisted on three years of profitability.
> Then it was one year, then it was a quarter. By the time of the Internet
> bubble, they were not even requiring profitability in the foreseeable
> future."
>
> Goldman has denied that it changed its underwriting standards during the
> Internet years, but its own statistics belie the claim. Just as it did with
> the investment trust in the 1920s, Goldman started slow and finished crazy
> in the Internet years. After it took a littleknown company with weak
> financials called Yahoo! public in 1996, once the tech boom had already
> begun, Goldman quickly became the IPO king of the Internet era. Of the 24
> companies it took public in 1997, a third were losing money at the time of
> the IPO. In 1999, at the height of the boom, it took 47 companies public,
> including stillborns like Webvan and eToys, investment offerings that were
> in many ways the modern equivalents of Blue Ridge and Shenandoah. The
> following year, it underwrote 18 companies in the first four months, 14 of
> which were money losers at the time. As a leading underwriter of Internet
> stocks during the boom, Goldman provided profits far more volatile than
> those of its competitors: In 1999, the average Goldman IPO leapt 281 percent
> above its offering price, compared to the Wall Street average of 181
> percent.
>
> How did Goldman achieve such extraordinary results? One answer is that they
> used a practice called "laddering," which is just a fancy way of saying they
> manipulated the share price of new offerings. Here's how it works: Say
> you're Goldman Sachs, and Bullshit.com comes to you and asks you to take
> their company public. You agree on the usual terms: You'll price the stock,
> determine how many shares should be released and take the Bullshit.com CEO
> on a "road show" to schmooze investors, all in exchange for a substantial
> fee (typically six to seven percent of the amount raised). You then promise
> your best clients the right to buy big chunks of the IPO at the low offering
> price
— let's say Bullshit.com's starting share price is $15 —in exchange
> for a promise that they will buy more shares later on the open market. That
> seemingly simple demand gives you inside knowledge of the IPO's future,
> knowledge that wasn't disclosed to the daytrader schmucks who only had the
> prospectus to go by: You know that certain of your clients who bought X
> amount of shares at $15 are also going to buy Y more shares at $20 or $25,
> virtually guaranteeing that the price is going to go to $25 and beyond. In
> this way, Goldman could artificially jack up the new company's price, which
> of course was to the bank's benefit
—a six percent fee of a $500 million
> IPO is serious money.
>
> Goldman was repeatedly sued by shareholders for engaging in laddering in a
> variety of Internet IPOs, including Webvan and NetZero. The deceptive
> practices also caught the attention of Nicholas Maier, the syndicate manager
> of Cramer & Co., the hedge fund run at the time by the now-famous chattering
> television host Jim Cramer, himself a Goldman alum. Maier told the SEC that
> while working for Cramer between 1996 and 1998, he was repeatedly forced to
> engage in laddering practices during IPO deals with Goldman.
>
> "Goldman, from what I witnessed, they were the worst perpetrator," Maier
> said. "They totally fueled the bubble. And it's specifically that kind of
> behavior that has caused the market crash. They built these stocks upon an
> illegal foundation
— manipulated up —and ultimately, it really was the
> small person who ended up buying in." In 2005, Goldman agreed to pay $40
> million for its laddering violations
—a puny penalty relative to the
> enormous profits it made. (Goldman, which has denied wrongdoing in all of
> the cases it has settled, refused to respond to questions for this story.)
>
> Another practice Goldman engaged in during the Internet boom was "spinning,"
> better known as bribery. Here the investment bank would offer the executives
> of the newly public company shares at extra-low prices, in exchange for
> future underwriting business. Banks that engaged in spinning would then
> undervalue the initial offering price
—ensuring that those "hot"
> opening-price shares it had handed out to insiders would be more likely to
> rise quickly, supplying bigger firstday rewards for the chosen few. So
> instead of Bullshit.com opening at $20, the bank would approach the
> Bullshit.com CEO and offer him a million shares of his own company at $18 in
> exchange for future business
—effectively robbing all of Bullshit's new
> shareholders by diverting cash that should have gone to the company's bottom
> line into the private bank account of the company's CEO.
>
> In one case, Goldman allegedly gave a multimillion-dollar special offering
> to eBay CEO Meg Whitman, who later joined Goldman's board, in exchange for
> future i-banking business. According to a report by the House Financial
> Services Committee in 2002, Goldman gave special stock offerings to
> executives in 21 companies that it took public, including Yahoo! cofounder
> Jerry Yang and two of the great slithering villains of the financial-scandal
> age
—Tyco's Dennis Kozlowski and Enron's Ken Lay. Goldman angrily denounced
> the report as "an egregious distortion of the facts"
—shortly before paying
> $110 million to settle an investigation into spinning and other
> manipulations launched by New York state regulators. "The spinning of hot
> IPO shares was not a harmless corporate perk," then-attorney general Eliot
> Spitzer said at the time. "Instead, it was an integral part of a fraudulent
> scheme to win new investment-banking business."
>
> Such practices conspired to turn the Internet bubble into one of the
> greatest financial disasters in world history: Some $5 trillion of wealth
> was wiped out on the NASDAQ alone. But the real problem wasn't the money
> that was lost by shareholders, it was the money gained by investment
> bankers, who received hefty bonuses for tampering with the market. Instead
> of teaching Wall Street a lesson that bubbles always deflate, the Internet
> years demonstrated to bankers that in the age of freely flowing capital and
> publicly owned financial companies, bubbles are incredibly easy to inflate,
> and individual bonuses are actually bigger when the mania and the
> irrationality are greater.
>
> Nowhere was this truer than at Goldman. Between 1999 and 2002, the firm paid
> out $28.5 billion in compensation and benefits
—an average of roughly
> $350,000 a year per employee. Those numbers are important because the key
> legacy of the Internet boom is that the economy is now driven in large part
> by the pursuit of the enormous salaries and bonuses that such bubbles make
> possible. Goldman's mantra of "long-term greedy" vanished into thin air as
> the game became about getting your check before the melon hit the pavement.
>
> The market was no longer a rationally managed place to grow real, profitable
> businesses: It was a huge ocean of Someone Else's Money where bankers hauled
> in vast sums through whatever means necessary and tried to convert that
> money into bonuses and payouts as quickly as possible. If you laddered and
> spun 50 Internet IPOs that went bust within a year, so what? By the time the
> Securities and Exchange Commission got around to fining your firm $110
> million, the yacht you bought with your IPO bonuses was already six years
> old. Besides, you were probably out of Goldman by then, running the U.S.
> Treasury or maybe the state of New Jersey. (One of the truly comic moments
> in the history of America's recent financial collapse came when Gov. Jon
> Corzine of New Jersey, who ran Goldman from 1994 to 1999 and left with $320
> million in IPO-fattened stock, insisted in 2002 that "I've never even heard
> the term 'laddering' before.")
>
> For a bank that paid out $7 billion a year in salaries, $110 million fines
> issued half a decade late were something far less than a deterrent
—they
> were a joke. Once the Internet bubble burst, Goldman had no incentive to
> reassess its new, profit-driven strategy; it just searched around for
> another bubble to inflate. As it turns out, it had one ready, thanks in
> large part to Rubin.
>
> BUBBLE #3 The Housing Craze
>
> Goldman's role in the sweeping global disaster that was the housing bubble
> is not hard to trace. Here again, the basic trick was a decline in
> underwriting standards, although in this case the standards weren't in IPOs
> but in mortgages. By now almost everyone knows that for decades mortgage
> dealers insisted that home buyers be able to produce a down payment of 10
> percent or more, show a steady income and good credit rating, and possess a
> real first and last name. Then, at the dawn of the new millennium, they
> suddenly threw all that out the window and started writing mortgages on the
> backs of napkins to cocktail waitresses and excons carrying five bucks and a
> Snickers bar.
>
> None of that would have been possible without investment bankers like
> Goldman, who created vehicles to package those mortgages and sell them en
> masse to unsuspecting insurance companies and pension funds. This created a
> mass market for toxic debt that would never have existed before; in the old
> days, no bank would have wanted to keep some addict ex-con's mortgage on its
> books, knowing how likely it was to fail. You can't write these mortgages,
> in other words, unless you can sell them to someone who doesn't know what
> they are.
>
> Goldman used two methods to hide the mess they were selling. First, they
> bundled hundreds of different mortgages into instruments called
> Collateralized Debt Obligations. Then they sold investors on the idea that,
> because a bunch of those mortgages would turn out to be OK, there was no
> reason to worry so much about the bad ones: The CDO, as a whole, was sound.
> Thus, junkrated mortgages were turned into AAArated investments. Second, to
> hedge its own bets, Goldman got companies like AIG to provide insurance
—
> known as creditdefault swaps
—on the CDOs. The swaps were essentially a
> racetrack bet between AIG and Goldman: Goldman is betting the excons will
> default, AIG is betting they won't.
>
> There was only one problem with the deals: All of the wheeling and dealing
> represented exactly the kind of dangerous speculation that federal
> regulators are supposed to rein in. Derivatives like CDOs and credit swaps
> had already caused a series of serious financial calamities: Procter &
> Gamble and Gibson Greetings both lost fortunes, and Orange County,
> California, was forced to default in 1994. A report that year by the
> Government Accountability Office recommended that such financial instruments
> be tightly regulated
—and in 1998, the head of the Commodity Futures
> Trading Commission, a woman named Brooksley Born, agreed. That May, she
> circulated a letter to business leaders and the Clinton administration
> suggesting that banks be required to provide greater disclosure in
> derivatives trades, and maintain reserves to cushion against losses.
>
> More regulation wasn't exactly what Goldman had in mind. "The banks go
> crazy
—they want it stopped," says Michael Greenberger, who worked for Born
> as director of trading and markets at the CFTC and is now a law professor at
> the University of Maryland. "Greenspan, Summers, Rubin and [SEC chief
> Arthur] Levitt want it stopped."
>
> Clinton's reigning economic foursome
—"especially Rubin," according to
> Greenberger
—called Born in for a meeting and pleaded their case. She
> refused to back down, however, and continued to push for more regulation of
> the derivatives. Then, in June 1998, Rubin went public to denounce her move,
> eventually recommending that Congress strip the CFTC of its regulatory
> authority. In 2000, on its last day in session, Congress passed the
> now-notorious Commodity Futures Modernization Act, which had been inserted
> into an 11,000-page spending bill at the last minute, with almost no debate
> on the floor of the Senate. Banks were now free to trade default swaps with
> impunity.
>
> But the story didn't end there. AIG, a major purveyor of default swaps,
> approached the New York State Insurance Department in 2000 and asked whether
> default swaps would be regulated as insurance. At the time, the office was
> run by one Neil Levin, a former Goldman vice president, who decided against
> regulating the swaps. Now freed to underwrite as many housingbased
> securities and buy as much credit-default protection as it wanted, Goldman
> went berserk with lending lust. By the peak of the housing boom in 2006,
> Goldman was underwriting $76.5 billion worth of mortgagebacked securities
—
> a third of which were subprime
—much of it to institutional investors like
> pensions and insurance companies. And in these massive issues of real estate
> were vast swamps of crap.
>
> Take one $494 million issue that year, GSAMP Trust 2006S3. Many of the
> mortgages belonged to secondmortgage borrowers, and the average equity they
> had in their homes was 0.71 percent. Moreover, 58 percent of the loans
> included little or no documentation
—no names of the borrowers, no
> addresses of the homes, just zip codes. Yet both of the major ratings
> agencies, Moody's and Standard & Poor's, rated 93 percent of the issue as
> investment grade. Moody's projected that less than 10 percent of the loans
> would default. In reality, 18 percent of the mortgages were in default
> within 18 months.
>
> Not that Goldman was personally at any risk. The bank might be taking all
> these hideous, completely irresponsible mortgages from
> beneath-gangster-status firms like Countrywide and selling them off to
> municipalities and pensioners
— old people, for God's sake —pretending the
> whole time that it wasn't gradeD. But even as it was doing so, it was taking
> short positions in the same market, in essence betting against the same crap
> it was selling. Even worse, Goldman bragged about it in public. "The
> mortgage sector continues to be challenged," David Viniar, the bank's chief
> financial officer, boasted in 2007. "As a result, we took significant
> markdowns on our long inventory positions … However, our risk bias in that
> market was to be short, and that net short position was profitable." In
> other words, the mortgages it was selling were for chumps. The real money
> was in betting against those same mortgages.
>
> "That's how audacious these people are," says one hedgefund manager. "At
> least with other banks, you could say that they were just dumb
—they
> believed what they were selling, and it blew them up. Goldman knew what it
> was doing."
>
> I ask the manager how it could be that selling something to customers that
> you're actually betting against
—particularly when you know more about the
> weaknesses of those products than the customer
—doesn't amount to
> securities fraud.
>
> "It's exactly securities fraud," he says. "It's the heart of securities
> fraud."
>
> Eventually, lots of aggrieved investors agreed. In a virtual repeat of the
> Internet IPO craze, Goldman was hit with a wave of lawsuits after the
> collapse of the housing bubble, many of which accused the bank of
> withholding pertinent information about the quality of the mortgages it
> issued. New York state regulators are suing Goldman and 25 other
> underwriters for selling bundles of crappy Countrywide mortgages to city and
> state pension funds, which lost as much as $100 million in the investments.
> Massachusetts also investigated Goldman for similar misdeeds, acting on
> behalf of 714 mortgage holders who got stuck holding predatory loans. But
> once again, Goldman got off virtually scot-free, staving off prosecution by
> agreeing to pay a paltry $60 million
—about what the bank's CDO division
> made in a day and a half during the real estate boom.
>
> The effects of the housing bubble are well known
—it led more or less
> directly to the collapse of Bear Stearns, Lehman Brothers and AIG, whose
> toxic portfolio of credit swaps was in significant part composed of the
> insurance that banks like Goldman bought against their own housing
> portfolios. In fact, at least $13 billion of the taxpayer money given to AIG
> in the bailout ultimately went to Goldman, meaning that the bank made out on
> the housing bubble twice: It screwed the investors who bought their CDOs by
> betting against its own crappy product, then it turned around and screwed
> the taxpayer by making him pay off those same bets.
>
> And once again, while the world was crashing down all around the bank,
> Goldman made sure it was doing just fine in the compensation department. In
> 2006, the firm's payroll jumped to $16.5 billion
—an average of $622,000
> per employee. As a Goldman spokesman explained, "We work very hard here."
>
> But the best was yet to come. While the collapse of the housing bubble sent
> most of the financial world fleeing for the exits, or to jail, Goldman
> boldly doubled down
—and almost single-handedly created yet another bubble,
> one the world still barely knows the firm had anything to do with.
>
> BUBBLE #4 $4 a Gallon
>
> By the beginning of 2008, the financial world was in turmoil. Wall Street
> had spent the past two and a half decades producing one scandal after
> another, which didn't leave much to sell that wasn't tainted. The terms junk
> bond, IPO, subprime mortgage and other once-hot financial fare were now
> firmly associated in the public's mind with scams; the terms credit swaps
> and CDOs were about to join them. The credit markets were in crisis, and the
> mantra that had sustained the fantasy economy throughout the Bush years
—
> the notion that housing prices never go down
—was now a fully exploded
> myth, leaving the Street clamoring for a new paradigm to sling.
>
> Where to go? With the public reluctant to put money in anything that felt
> like a paper investment, the Street quietly moved the casino to the
> physical-commodities market
—stuff you could touch: corn, coffee, cocoa,
> wheat and, above all, energy commodities, especially oil. In conjunction
> with a decline in the dollar, the credit crunch and the housing crash caused
> a "flight to commodities." Oil futures in particular skyrocketed, as the
> price of a single barrel went from around $60 in the middle of 2007 to a
> high of $147 in the summer of 2008.
>
> That summer, as the presidential campaign heated up, the accepted
> explanation for why gasoline had hit $4.11 a gallon was that there was a
> problem with the world oil supply. In a classic example of how Republicans
> and Democrats respond to crises by engaging in fierce exchanges of moronic
> irrelevancies, John McCain insisted that ending the moratorium on offshore
> drilling would be "very helpful in the short term," while Barack Obama in
> typical liberal-arts yuppie style argued that federal investment in hybrid
> cars was the way out.
>
> But it was all a lie. While the global supply of oil will eventually dry up,
> the shortterm flow has actually been increasing. In the six months before
> prices spiked, according to the U.S. Energy Information Administration, the
> world oil supply rose from 85.24 million barrels a day to 85.72 million.
> Over the same period, world oil demand dropped from 86.82 million barrels a
> day to 86.07 million. Not only was the shortterm supply of oil rising, the
> demand for it was falling
—which, in classic economic terms, should have
> brought prices at the pump down.
>
> So what caused the huge spike in oil prices? Take a wild guess. Obviously
> Goldman had help
—there were other players in the physical commodities
> market
—but the root cause had almost everything to do with the behavior of
> a few powerful actors determined to turn the once solid market into a
> speculative casino. Goldman did it by persuading pension funds and other
> large institutional investors to invest in oil futures
—agreeing to buy oil
> at a certain price on a fixed date. The push transformed oil from a physical
> commodity, rigidly subject to supply and demand, into something to bet on,
> like a stock. Between 2003 and 2008, the amount of speculative money in
> commodities grew from $13 billion to $317 billion, an increase of 2,300
> percent. By 2008, a barrel of oil was traded 27 times, on average, before it
> was actually delivered and consumed.
>
> As is so often the case, there had been a Depression-era law in place
> designed specifically to prevent this sort of thing. The commodities market
> was designed in large part to help farmers: A grower concerned about future
> price drops could enter into a contract to sell his corn at a certain price
> for delivery later on, which made him worry less about building up stores of
> his crop. When no one was buying corn, the farmer could sell to a middleman
> known as a "traditional speculator," who would store the grain and sell it
> later, when demand returned. That way, someone was always there to buy from
> the farmer, even when the market temporarily had no need for his crops.
>
> In 1936, however, Congress recognized that there should never be more
> speculators in the market than real producers and consumers. If that
> happened, prices would be affected by something other than supply and
> demand, and price manipulations would ensue. A new law empowered the
> Commodity Futures Trading Commission
—the very same body that would later
> try and fail to regulate credit swaps
—to place limits on speculative
> trades in commodities. As a result of the CFTC's oversight, peace and
> harmony reigned in the commodities markets for more than 50 years.
>
> All that changed in 1991 when, unbeknownst to almost everyone in the world,
> a Goldman-owned commodities trading subsidiary called J. Aron wrote to the
> CFTC and made an unusual argument. Farmers with big stores of corn, Goldman
> argued, weren't the only ones who needed to hedge their risk against future
> price drops
—Wall Street dealers who made big bets on oil prices also
> needed to hedge their risk, because, well, they stood to lose a lot too.
>
> This was complete and utter crap
—the 1936 law, remember, was specifically
> designed to maintain distinctions between people who were buying and selling
> real tangible stuff and people who were trading in paper alone. But the
> CFTC, amazingly, bought Goldman's argument. It issued the bank a free pass,
> called the "Bona Fide Hedging" exemption, allowing Goldman's subsidiary to
> call itself a physical hedger and escape virtually all limits placed on
> speculators. In the years that followed, the commission would quietly issue
> 14 similar exemptions to other companies.
>
> Now Goldman and other banks were free to drive more investors into the
> commodities markets, enabling speculators to place increasingly big bets.
> That 1991 letter from Goldman more or less directly led to the oil bubble in
> 2008, when the number of speculators in the market
—driven there by fear of
> the falling dollar and the housing crash
—finally overwhelmed the real
> physical suppliers and consumers. By 2008, at least three quarters of the
> activity on the commodity exchanges was speculative, according to a
> congressional staffer who studied the numbers
—and that's likely a
> conservative estimate. By the middle of last summer, despite rising supply
> and a drop in demand, we were paying $4 a gallon every time we pulled up to
> the pump.
>
> What is even more amazing is that the letter to Goldman, along with most of
> the other trading exemptions, was handed out more or less in secret. "I was
> the head of the division of trading and markets, and Brooksley Born was the
> chair of the CFTC," says Greenberger, "and neither of us knew this letter
> was out there." In fact, the letters only came to light by accident. Last
> year, a staffer for the House Energy and Commerce Committee just happened to
> be at a briefing when officials from the CFTC made an offhand reference to
> the exemptions.
>
> "I had been invited to a briefing the commission was holding on energy," the
> staffer recounts. "And suddenly in the middle of it, they start saying,
> 'Yeah, we've been issuing these letters for years now.' I raised my hand and
> said, 'Really? You issued a letter? Can I see it?' And they were like, 'Duh,
> duh.' So we went back and forth, and finally they said, 'We have to clear it
> with Goldman Sachs.' I'm like, 'What do you mean, you have to clear it with
> Goldman Sachs?'"
>
> The CFTC cited a rule that prohibited it from releasing any information
> about a company's current position in the market. But the staffer's request
> was about a letter that had been issued 17 years earlier. It no longer had
> anything to do with Goldman's current position. What's more, Section 7 of
> the 1936 commodities law gives Congress the right to any information it
> wants from the commission. Still, in a classic example of how complete
> Goldman's capture of government is, the CFTC waited until it got clearance
> from the bank before it turned the letter over.
>
> Armed with the semi-secret government exemption, Goldman had become the
> chief designer of a giant commodities betting parlor. Its Goldman Sachs
> Commodities Index
—which tracks the prices of 24 major commodities but is
> overwhelmingly weighted toward oil
—became the place where pension funds
> and insurance companies and other institutional investors could make massive
> longterm bets on commodity prices. Which was all well and good, except for a
> couple of things. One was that index speculators are mostly "long only"
> bettors, who seldom if ever take short positions
—meaning they only bet on
> prices to rise. While this kind of behavior is good for a stock market, it's
> terrible for commodities, because it continually forces prices upward. "If
> index speculators took short positions as well as long ones, you'd see them
> pushing prices both up and down," says Michael Masters, a hedgefund manager
> who has helped expose the role of investment banks in the manipulation of
> oil prices. "But they only push prices in one direction: up."
>
> Complicating matters even further was the fact that Goldman itself was
> cheerleading with all its might for an increase in oil prices. In the
> beginning of 2008, Arjun Murti, a Goldman analyst, hailed as an "oracle of
> oil" by The New York Times, predicted a "super spike" in oil prices,
> forecasting a rise to $200 a barrel. At the time Goldman was heavily
> invested in oil through its commodities trading subsidiary, J. Aron; it also
> owned a stake in a major oil refinery in Kansas, where it warehoused the
> crude it bought and sold. Even though the supply of oil was keeping pace
> with demand, Murti continually warned of disruptions to the world oil
> supply, going so far as to broadcast the fact that he owned two hybrid cars.
> High prices, the bank insisted, were somehow the fault of the piggish
> American consumer; in 2005, Goldman analysts insisted that we wouldn't know
> when oil prices would fall until we knew "when American consumers will stop
> buying gas-guzzling sport utility vehicles and instead seek fuel-efficient
> alternatives."
>
> But it wasn't the consumption of real oil that was driving up prices
—it
> was the trade in paper oil. By the summer of 2008, in fact, commodities
> speculators had bought and stockpiled enough oil futures to fill 1.1 billion
> barrels of crude, which meant that speculators owned more future oil on
> paper than there was real, physical oil stored in all of the country's
> commercial storage tanks and the Strategic Petroleum Reserve combined. It
> was a repeat of both the Internet craze and the housing bubble, when Wall
> Street jacked up present day profits by selling suckers shares of a
> fictional fantasy future of endlessly rising prices.
>
> In what was by now a painfully familiar pattern, the oil-commodities melon
> hit the pavement hard in the summer of 2008, causing a massive loss of
> wealth; crude prices plunged from $147 to $33. Once again the big losers
> were ordinary people. The pensioners whose funds invested in this crap got
> massacred: CalPERS, the California Public Employees' Retirement System, had
> $1.1 billion in commodities when the crash came. And the damage didn't just
> come from oil. Soaring food prices driven by the commodities bubble led to
> catastrophes across the planet, forcing an estimated 100 million people into
> hunger and sparking food riots throughout the Third World.
>
> Now oil prices are rising again: They shot up 20 percent in the month of May
> and have nearly doubled so far this year. Once again, the problem is not
> supply or demand. "The highest supply of oil in the last 20 years is now,"
> says Rep. Bart Stupak, a Democrat from Michigan who serves on the House
> energy committee. "Demand is at a 10-year low. And yet prices are up."
>
> Asked why politicians continue to harp on things like drilling or hybrid
> cars, when supply and demand have nothing to do with the high prices, Stupak
> shakes his head. "I think they just don't understand the problem very well,"
> he says. "You can't explain it in 30 seconds, so politicians ignore it."
>
> BUBBLE #5 Rigging the Bailout
>
> After the oil bubble collapsed last fall, there was no new bubble to keep
> things humming
—this time, the money seems to be really gone, like
> worldwide-depression gone. So the financial safari has moved elsewhere, and
> the big game in the hunt has become the only remaining pool of dumb,
> unguarded capital left to feed upon: taxpayer money. Here, in the biggest
> bailout in history, is where Goldman Sachs really started to flex its
> muscle.
>
> It began in September of last year, when then-Treasury secretary Paulson
> made a momentous series of decisions. Although he had already engineered a
> rescue of Bear Stearns a few months before and helped bail out quasi-private
> lenders Fannie Mae and Freddie Mac, Paulson elected to let Lehman Brothers
—
> one of Goldman's last real competitors
—collapse without intervention.
> ("Goldman's superhero status was left intact," says market analyst Eric
> Salzman, "and an investment banking competitor, Lehman, goes away.") The
> very next day, Paulson greenlighted a massive, $85 billion bailout of AIG,
> which promptly turned around and repaid $13 billion it owed to Goldman.
> Thanks to the rescue effort, the bank ended up getting paid in full for its
> bad bets: By contrast, retired auto workers awaiting the Chrysler bailout
> will be lucky to receive 50 cents for every dollar they are owed.
>
> Immediately after the AIG bailout, Paulson announced his federal bailout for
> the financial industry, a $700 billion plan called the Troubled Asset Relief
> Program, and put a heretofore unknown 35 yearold Goldman banker named Neel
> Kashkari in charge of administering the funds. In order to qualify for
> bailout monies, Goldman announced that it would convert from an investment
> bank to a bank holding company, a move that allows it access not only to $10
> billion in TARP funds, but to a whole galaxy of less conspicuous, publicly
> backed funding
—most notably, lending from the discount window of the
> Federal Reserve. By the end of March, the Fed will have lent or guaranteed
> at least $8.7 trillion under a series of new bailout programs
—and thanks
> to an obscure law allowing the Fed to block most congressional audits, both
> the amounts and the recipients of the monies remain almost entirely secret.
>
> Converting to a bank-holding company has other benefits as well: Goldman's
> primary supervisor is now the New York Fed, whose chairman at the time of
> its announcement was Stephen Friedman, a former co-chairman of Goldman
> Sachs. Friedman was technically in violation of Federal Reserve policy by
> remaining on the board of Goldman even as he was supposedly regulating the
> bank; in order to rectify the problem, he applied for, and got, a conflict
> of interest waiver from the government. Friedman was also supposed to divest
> himself of his Goldman stock after Goldman became a bankholding company, but
> thanks to the waiver, he was allowed to go out and buy 52,000 additional
> shares in his old bank, leaving him $3 million richer. Friedman stepped down
> in May, but the man now in charge of supervising Goldman
—New York Fed
> president William Dudley
—is yet another former Goldmanite.
>
> The collective message of all this
—the AIG bailout, the swift approval for
> its bank holding conversion, the TARP funds
—is that when it comes to
> Goldman Sachs, there isn't a free market at all. The government might let
> other players on the market die, but it simply will not allow Goldman to
> fail under any circumstances. Its edge in the market has suddenly become an
> open declaration of supreme privilege. "In the past it was an implicit
> advantage," says Simon Johnson, an economics professor at MIT and former
> official at the International Monetary Fund, who compares the bailout to the
> crony capitalism he has seen in Third World countries. "Now it's more of an
> explicit advantage."
>
> Once the bailouts were in place, Goldman went right back to business as
> usual, dreaming up impossibly convoluted schemes to pick the American
> carcass clean of its loose capital. One of its first moves in the
> postbailout era was to quietly push forward the calendar it uses to report
> its earnings, essentially wiping December 2008
—with its $1.3 billion in
> pretax losses
—off the books. At the same time, the bank announced a highly
> suspicious $1.8 billion profit for the first quarter of 2009
—which
> apparently included a large chunk of money funneled to it by taxpayers via
> the AIG bailout. "They cooked those firstquarter results six ways from
> Sunday," says one hedgefund manager. "They hid the losses in the orphan
> month and called the bailout money profit."
>
> Two more numbers stand out from that stunning first-quarter turnaround. The
> bank paid out an astonishing $4.7 billion in bonuses and compensation in the
> first three months of this year, an 18 percent increase over the first
> quarter of 2008. It also raised $5 billion by issuing new shares almost
> immediately after releasing its firstquarter results. Taken together, the
> numbers show that Goldman essentially borrowed a $5 billion salary payout
> for its executives in the middle of the global economic crisis it helped
> cause, using halfbaked accounting to reel in investors, just months after
> receiving billions in a taxpayer bailout.
>
> Even more amazing, Goldman did it all right before the government announced
> the results of its new "stress test" for banks seeking to repay TARP money
—
> suggesting that Goldman knew exactly what was coming. The government was
> trying to carefully orchestrate the repayments in an effort to prevent
> further trouble at banks that couldn't pay back the money right away. But
> Goldman blew off those concerns, brazenly flaunting its insider status.
> "They seemed to know everything that they needed to do before the stress
> test came out, unlike everyone else, who had to wait until after," says
> Michael Hecht, a managing director of JMP Securities. "The government came
> out and said, 'To pay back TARP, you have to issue debt of at least five
> years that is not insured by FDIC
—which Goldman Sachs had already done, a
> week or two before."
>
> And here's the real punch line. After playing an intimate role in four
> historic bubble catastrophes, after helping $5 trillion in wealth disappear
> from the NASDAQ, after pawning off thousands of toxic mortgages on
> pensioners and cities, after helping to drive the price of gas up to $4 a
> gallon and to push 100 million people around the world into hunger, after
> securing tens of billions of taxpayer dollars through a series of bailouts
> overseen by its former CEO, what did Goldman Sachs give back to the people
> of the United States in 2008?
>
> Fourteen million dollars.
>
> That is what the firm paid in taxes in 2008, an effective tax rate of
> exactly one, read it, one percent. The bank paid out $10 billion in
> compensation and benefits that same year and made a profit of more than $2
> billion
—yet it paid the Treasury less than a third of what it forked over
> to CEO Lloyd Blankfein, who made $42.9 million last year.
>
> How is this possible? According to Goldman's annual report, the low taxes
> are due in large part to changes in the bank's "geographic earnings mix." In
> other words, the bank moved its money around so that most of its earnings
> took place in foreign countries with low tax rates. Thanks to our completely
> flawed corporate tax system, companies like Goldman can ship their revenues
> offshore and defer taxes on those revenues indefinitely, even while they
> claim deductions upfront on that same untaxed income. This is why any
> corporation with an at least occasionally sober accountant can usually find
> a way to zero out its taxes. A GAO report, in fact, found that between 1998
> and 2005, roughly two thirds of all corporations operating in the U.S. paid
> no taxes at all.
>
> This should be a pitchforklevel outrage
—but somehow, when Goldman released
> its post-bailout tax profile, hardly anyone said a word. One of the few to
> remark on the obscenity was Rep. Lloyd Doggett, a Democrat from Texas who
> serves on the House Ways and Means Committee. "With the right hand out
> begging for bailout money," he said, "the left is hiding it offshore."
>
> BUBBLE #6 Global Warming
>
> Fast-forward to today. It's early June in Washington, D.C. Barack Obama, a
> popular young politician whose leading private campaign donor was an
> investment bank called Goldman Sachs
—its employees paid some $981,000 to
> his campaign
—sits in the White House. Having seamlessly navigated the
> political minefield of the bailout era, Goldman is once again back to its
> old business, scouting out loopholes in a new government-created market with
> the aid of a new set of alumni occupying key government jobs.
>
> Gone are Hank Paulson and Neel Kashkari; in their place are Treasury chief
> of staff Mark Patterson and CFTC chief Gary Gensler, both former
> Goldmanites. (Gensler was the firm's cohead of finance.) And instead of
> credit derivatives or oil futures or mortgage-backed CDOs, the new game in
> town, the next bubble, is in carbon credits
—a booming trillion dollar
> market that barely even exists yet, but will if the Democratic Party that it
> gave $4,452,585 to in the last election manages to push into existence a
> groundbreaking new commodities bubble, disguised as an "environmental plan,"
> called cap-and-trade.
>
> The new carbon credit market is a virtual repeat of the commodities-market
> casino that's been kind to Goldman, except it has one delicious new wrinkle:
> If the plan goes forward as expected, the rise in prices will be
> government-mandated. Goldman won't even have to rig the game. It will be
> rigged in advance.
>
> Here's how it works: If the bill passes, there will be limits for coal
> plants, utilities, natural-gas distributors and numerous other industries on
> the amount of carbon emissions (a.k.a. greenhouse gases) they can produce
> per year. If the companies go over their allotment, they will be able to buy
> "allocations" or credits from other companies that have managed to produce
> fewer emissions. President Obama conservatively estimates that about $646
> billion worth of carbon credits will be auctioned in the first seven years;
> one of his top economic aides speculates that the real number might be twice
> or even three times that amount.
>
> The feature of this plan that has special appeal to speculators is that the
> "cap" on carbon will be continually lowered by the government, which means
> that carbon credits will become more and more scarce with each passing year.
> Which means that this is a brand new commodities market where the main
> commodity to be traded is guaranteed to rise in price over time. The volume
> of this new market will be upwards of a trillion dollars annually; for
> comparison's sake, the annual combined revenues of all electricity suppliers
> in the U.S. total $320 billion.
>
> Goldman wants this bill. The plan is (1) to get in on the ground floor of
> paradigm-shifting legislation, (2) make sure that they're the profit making
> slice of that paradigm and (3) make sure the slice is a big slice. Goldman
> started pushing hard for cap andt rade long ago, but things really ramped up
> last year when the firm spent $3.5 million to lobby climate issues. (One of
> their lobbyists at the time was none other than Patterson, now Treasury
> chief of staff.) Back in 2005, when Hank Paulson was chief of Goldman, he
> personally helped author the bank's environmental policy, a document that
> contains some surprising elements for a firm that in all other areas has
> been consistently opposed to any sort of government regulation. Paulson's
> report argued that "voluntary action alone cannot solve the climate change
> problem." A few years later, the bank's carbon chief, Ken Newcombe, insisted
> that cap and trade alone won't be enough to fix the climate problem and
> called for further public investments in research and development. Which is
> convenient, considering that Goldman made early investments in wind power
> (it bought a subsidiary called Horizon Wind Energy), renewable diesel (it is
> an investor in a firm called Changing World Technologies) and solar power
> (it partnered with BP Solar), exactly the kind of deals that will prosper if
> the government forces energy producers to use cleaner energy. As Paulson
> said at the time, "We're not making those investments to lose money."
>
> The bank owns a 10 percent stake in the Chicago Climate Exchange, where the
> carbon credits will be traded. Moreover, Goldman owns a minority stake in
> Blue Source LLC, a Utah-based firm that sells carbon credits of the type
> that will be in great demand if the bill passes. Nobel Prize winner Al Gore,
> who is intimately involved with the planning of cap-and-trade, started up a
> company called Generation Investment Management with three former bigwigs
> from Goldman Sachs Asset Management, David Blood, Mark Ferguson and Peter
> Harris. Their business? Investing in carbon offsets. There's also a $500
> million Green Growth Fund set up by a Goldmanite to invest in greentech …
> the list goes on and on. Goldman is ahead of the headlines again, just
> waiting for someone to make it rain in the right spot. Will this market be
> bigger than the energy futures market?
>
> "Oh, it'll dwarf it," says a former staffer on the House energy committee.
>
> Well, you might say, who cares? If cap-and-trade succeeds, won't we all be
> saved from the catastrophe of global warming? Maybe
—but cap and trade, as
> envisioned by Goldman, is really just a carbon tax structured so that
> private interests collect the revenues. Instead of simply imposing a fixed
> government levy on carbon pollution and forcing unclean energy producers to
> pay for the mess they make, cap-and-trade will allow a small tribe of
> greedy-as-hell Wall Street swine to turn yet another commodities market into
> a private tax collection scheme. This is worse than the bailout: It allows
> the bank to seize taxpayer money before it's even collected.
>
> "If it's going to be a tax, I would prefer that Washington set the tax and
> collect it," says Michael Masters, the hedgefund director who spoke out
> against oil futures speculation. "But we're saying that Wall Street can set
> the tax, and Wall Street can collect the tax. That's the last thing in the
> world I want. It's just asinine."
>
> Cap-and-trade is going to happen. Or, if it doesn't, something like it will.
> The moral is the same as for all the other bubbles that Goldman helped
> create, from 1929 to 2009. In almost every case, the very same bank that
> behaved recklessly for years, weighing down the system with toxic loans and
> predatory debt, and accomplishing nothing but massive bonuses for a few
> bosses, has been rewarded with mountains of virtually free money and
> government guarantees
—while the actual victims in this mess, ordinary
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