February 7, 2012
Published: 21 Apr 10 18:21 CET
Online: http://www.thelocal.de/money/20100421-26705.html
German lender IKB said Wednesday it is considering suing US giant Goldman Sachs after losing €150 million in a fund that is the subject of fraud charges in the US.
AFP (news@thelocal.de)
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China's Premier Wen Jiabao said a stable Europe was key to stability at home, in comments published Sunday, at the end of a week that saw Germany's chancellor visit Beijing. READ (6 COMMENTS) »
As German Chancellor Angela Merkel wrapped up her visit to China on Friday, the Asian giant’s leaders promised they had no intention to "buy Europe," amid concerns over growing Chinese investment in debt-stricken eurozone economies. READ (6 COMMENTS) »
Deutsche Bank, Germany's biggest bank reported Thursday a bigger-than-expected drop in earnings at the end of last year as the eurozone sovereign debt crisis hurt business. READ »
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Deutsche Börse, which runs the Frankfurt stock market, said Wednesday that the EU Commission in Brussels had told it that its planned merger with NYSE Euronext has been blocked. READ »
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Long-term unemployed people are still having difficulty finding a job despite Germany’s robust economy in recent years, according to a media report on Tuesday. READ (2 COMMENTS) »
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Your comments about this article:
Goldman Sachs was also a key player in the Greek credit default fiasco and was in bed with the hedge fund managers who then speculated against the euro when Greece was on the cusp of defaulting on its debt. This kind of predatory conduct has to be stopped. If the U.S. won't do it, Europe must.
I never wanted to work for Goldman Sachs. I spent much of my career suing companies like Goldman Sachs. I litigate. You bloviate.
I am sure you lost many cases...Especially to Goldman Sachs....You would never qualify to work there because of your education. No offense.
Ungloublisch-Unglaublich (sounds familiar )
http://www.cnbc.com/id/36685026
blah, blah, blah...
Goldman Sach's primary affirmative defense is interesting. It goes like this: the other players were sophisticated investors, so if they got screwed it was because of their lack of due diligence. It doesn't pass the giggle test.
The case follows a linear path in which one investment company anticipated the collapse of the subprime mortgage market and was able to get Goldman to promote a financial instrument that would help make money should those lower-quality loans fail. Paulson approached Goldman about assembling Abacus and finding an investor that would take a long position.
Believing that investors would only buy in if a neutral third-party—which ultimately would be ACA Management—selected the loans, Goldman then convinced German bank IKB to invest in the portfolio. The bank's decision ultimately would result in a $150 million loss for IKB and a huge loss for ACA, which wrote insurance—called credit default swaps—on the mortgages.
The question, then, is whether Paulson's involvement was "material" to the decision an investor would make about buying into the CDO.
Neither ACA nor IKB say in the SEC complaint that knowledge of Paulson's involvement in the case would have changed their minds about the investment, an omission that legal analysts say could be a key weakness in the government's case.
The notion of "caveat emptor," or let the buyer beware, is frequently mentioned as the moral of the Goldman story.
"It looks like Paulson and the short guys were correct and it looks like IKB to some extent was being overly risky and speculative," Singer says. "I want to see what due diligence anybody did on the buy side of this deal to justify buying subprime at the end of 2007.
"At the end of the day, if Paulson or somebody had done something improper and had been named, that would have changed the whole dynamic," Singer adds. "Isn't it odd that he wasn't named?"
That aside, the SEC has a slightly different take on this case than the source you have quoted without attribution. The SEC doesn't file these cases unless it is confident it will win. I hear that Countrywide is next.
By pushing for fiscal accountability the administration is co-opting the opposition's platform, by filing against GS, the administration is cutting into the reputation of the biggest Wall Street player and causing the market itself to punish the firm for its questionable practices. GS now has to shore up its reputation and prepare for a lengthly legal battle, thus removing it from what would otherwise be complete and vigorous participation in the coming banking reform efforts. GS could still choose to participate of course but its contributions will be viewed skeptically.
This is gamesmanship for a political fight and a pretty strong opening salvo for the coming challenge of trying to reform American Banking regulations.
b) J. Paulson was "not" on the equity side of this deal c) There is no teeth in this case.
"The SEC doesn't file these cases unless it is confident it will win. I hear that Countrywide is next. "
PruCock2010, once again you write before you think. The SEC does indeed file cases and loose all the time. Just use your friend "google".
@amadik: Please add "something" or give it a rest. You didnt add anything besides your overbearing comment. Where is your value added? I dont see anything but attacks from you but no substance. At least i commented. You just want to "give orders. Typisch...
IKB could possibly use Civil RICO statute in the US to burn Goldman Sachs to the ground !!!!!!!
The US SEC will never do anything to harm or damage GS, too politically well connected,
Too many SEC lawyers and US government lawyers looking for a job at GS, and those that are not, would be afraid of losing their jobs and careers if they challenged GS.
I'm not a lawyer but, the CIVIL RICO (racketeering law) can be used by private entities or citizens to bring a variety of US federal felony offenses against defendants, although the defendants can't be sent to jail, it provides for devastating treble damages,against the defendants, if successful.
CIVIL RICO (as opposed to federal Criminal RICO, which can only be brought by the US Dept. of Justice)
Anybody that was successful in winning a RICO case against GS would create a firestorm of Racketeering lawsuits against GS.
Not even GS would have enough to pay off all the plaintiffs.
Hypothetically everybody that ever lost money in a securities offering underwritten by GS would theoretically have standing to sue GS.
One of the key issues in RICO is what's called pattern & history as opposed to an isolated incident, which GS has been engaging in with impunity for many years.
I know from personal experience.
www.marylandcorruption.com
Look, Goldman Sachs is "the" most reputable firm in the world. It has the most strictist compliance guidelines. This "civil" case witch hunt if you will, is just a reason for the US govt to go after the best to make a case for financial reeform. GS Mgmt & lawyers have been at the Whote House 5 times in the last week.
So, cool your jets. This is not going anywhere. No criminal charges. If anything, what this case will reveal is that IKB should be bought down because of the risk taking they were allowed to do on behalf of the German Government, the German people and the German taxpayer. This will have remifications in Germany for financial reform to begin there once the IKB list and tapes reveal how much recklessness they did to defraud the German Govt & taxpayers.
CIVIL RICO...You surely dont jest...Too funny...I need one of those belly laughs everyday. Thank you...
What is interesting to talk about now is Greece and the looming sovereign debt crisis in Europe. Ireland, Portugal, Spain will be next for the German taxpayer. Greece's budget has been revived today as its worsening. And then their will be Katla. This will put Europe and Germany back into the 18th Century....Es tut mir sehr lied...
Peschvogel (aka wmm208) is not a lawyer. I am.
Theoretically you are correct in that private plaintiffs CAN bring a civil RICO action against Goldman Sachs, as all the requisite elements seem to be present. A civil RICO action requires a "pattern of racketeering," i.e., two or more predicate criminal acts committed in the past 10 years. Wire fraud and securities fraud would qualify under the RICO statutes. The greater obstacle in a potential RICO case is to establish an ongoing criminal "enterprise" that is distinct from the defendant itself. The Abacus program that was specifically created to defraud investors could arguably be identified as said "enterprise." Paulson could certainly be named as part of the RICO enterprise whether or not he's a named defendant.
I have prosecuted several civil RICO cases with 100 percent success, each of them settling as soon as the defendants' motions to dismiss were denied.
If one wanted to really spice things up a bit, a RICO class action would be a very interesting approach, and one that I believe is viable.
People like peschvogel think that RICO is reserved for the mafia. In fact, RICO cases are brought in U.S. federal courts every day. You can confirm this by doing a simple PACER search on the U.S. Court's website.
GS is a US domestic financial terrorist
So it's ok with you to have GS underwriting stock offering IPO's that pay money directly to known members of organized crime?
You might also want to do a Google search for Grell RICO
And also a number of interesting articles about GS at Rolling Stone
http://www.rollingstone.com/politics/news/;kw=[3351,53763];jsessionid=F8F1AA79D23610FE335EAD29AF596B12
Now, IKB has mounted numerous evidence through sending millions of taxpayers money illegally when lehman crashed and now faces even larger fraud against its own people by defrauding German taxpyers through risky structured invstments. The government workers at IKB should learn how to "wire" properly and "underwrite" and perform accurate "due diligence". Something not learned in the wonderful German educational system i am sure...Schade..
Civil cases in America do not determine guilt or innocence. They determine liability. Evidence is available through the discovery statutes, unlike in Germany, where discovery is not available except by court order. You don't need a whistleblower to prove your case. You simply need evidence, most of which is obtained via discovery. A "preponderance" of the evidence is the standard of proof in civil cases relating to most causes of action. To prove fraud requires a slightly higher standard, which is called "clear and convincing" evidence. This is still well below the evidentiary standard of "beyond a reasonable doubt" which governs criminal cases.
xyz60 has offered you a good tip. Grell's website offers RICO IN A NUTSHELL. Grell knows his stuff. You should check it out, but I sincerely doubt that you would understand it. Meanwhile, you will continue bloviating on a subject about which you know absolutely nothing.
Look, the US financial system is one of the worlds most "regulated" industries. This is all just political posturing regarding the big, bad, witch hunt GS case.
Nobody on this page has STILL proven to me or pointed a document to me or to anyone reading this ridiculous witch hunt of a case which will go NOWHERE, a single piece of "evidence".
"You simply need evidence" - PruCock2010
Where is the evidence? I see none? No fraud? no criminal charges? Nada, nein, neanche nassuno, nyet. Its all political posturing. Going nowhere. Get off your anti-zionist platform. Not happening. Not in this lifestime. Whatever mafia process or courts you wish to choose.
Now, Germany is facing massive fraud case by Greece, Spain, Italy, portugal and ireland for running trade surpluses very well knowing that German exports via price wages at low interest rates are screwing over pensioners, citizens, taxpayers, companies and governments of fellow Euronations because they could not devalue their currency in crisis. Expect this case to represent the true fraudelnt evidence against Germany as countries named above are defaulting on their debt with no bailout. As per the Maastericht Treaty, fellow Euro nations like the above CANNOT leave the Eurozone. Now, this will be heard in den Haage.There is substaintail criminal evidence that Germany is criminally to blame for running huge surpluses and exporting deflation. Schade...
Your hatred for Germany and Germans is truly remarkable. Why do you post here other than to annoy people?
By the way, as for proving the case, that's what trials are for. Duh.
The type of "security" being created and sold involves collecting a bunch of individual loans and then packaging them together. There are people on both sides, so you essentially have people betting it will fail and people betting it will succeed. It's a given that somebody has to lose, since it obviously can't do both.
In this particular case, the issue at the core is simple. The company betting it would fail, Paulson & Co, was involved in picking the loans that were included. Obviously they could stack the deck. The problem, and the foundation of the case, is that the other investors, the people who were betting it would succeed, were never told that Paulson was betting against them AND had a hand in picking the loans.
It is true that the investors could have more carefully examined the package, but they took the word of Goldman about that, and that's where the fraud element comes from. Goldman told them it was good, and never told them the other side had a hand in picking the loans. Essentially they lied, or at the very least, selectively told the true, hiding some information that might well have colored the opinions of the investors.
If the SEC can prove that case, Goldman is in serious trouble. Even if they don't, Goldman's reputation will take a beating, and already is.
However, all of this aside, the real problem is that Wall Street is so busy trying to come up with new ways to make money that they no longer care if the products are ethical or even reasonable. They make money either way, though the commissions they charge for putting the things together in the first place or by selectively investing in the ones they know are good. It's more or less insider trading.
I doubt Goldman had much to do with the volcano, or with the earthquake in Chile, or even the one in Haiti. They do have their fingers in a lot of pies, but probably not the ones cooked up by Mother Nature.
If you want a sense of what this is doing, the Republicans who were strongly against ANY new regulation of Wall Street suddenly started jumping ship, and some have now said the new proposals don't go far enough! That's a sign of how serious this whole mess is.
wa
www.sec.gov/litigation/complaints/2010/comp-pr2010-59.pdf
http://www.goldmansachs666.com/
Goldman Sachs had sued this website owner for his use of the Goldman Sachs name in his domain name, and apparently Goldman Sachs lost, because he is still using it.
A blurb from the above website that captures the essence of Goldman Sachs
Laws just or unjust may govern mens actions. Tyrannies may restrain or regulate their words. The machinery of propaganda may pack their minds with falsehood and deny them truth for many generations of time. But the soul of man thus held in trance or frozen in a long night can be awakened by a spark coming from God knows where and in a moment the whole structure of lies and oppression is on trial for its life.: Sir Winston Churchill
http://www.pbs.org/moyers/journal/04232010/transcript4.html
Also a website called 13 Bankers.
Thanks for the link to the Moyers interview. It contains the video plus a transcript, which is both useful and informative. Peschvogel ought to check it out, but he won't because he's too busy babbling and flaming and spewing hatred.
Moyer also did an interview maybe 3 or 4 nights ago with the authors of 13 Bankers, they also provided some excellent insight in Goldman Sachs. You might want to check out this interview also. One of the authors was a guy by the name of Kwak, sharp as a tack.
?"CDO pools are examined with a drill down to underlying assets and stress testing of the underlying asset pools,?" IKB bragged in marketing materials obtained by The Daily Beast.
But it appears like the German bank, IKB never ?"drilled down?" enough to realize the underlying mortgages in Abacus were doomed to failure.
Another point is that IKB was owned by Lone Star "after" they bought their CDo with their "knowledgable" State owned -- CDO team.
http://online.wsj.com/article/SB10001424052748704388304575202562283283500.html?mod=WSJ_hpp_MIDDLENexttoWhatsNewsTop
The Busted Homes Behind a Big Bet
http://finance.yahoo.com/loans/article/109380/the-busted-homes-behind-a-big-bet?mod=loans-home
I also urge you (yet again) to stop bloviating on topics of which you have absolutely no knowledge. I also realize that this is a futile admonition in your case.
Wow, it seems that you have quite a bit of anger in you. However, thats what lawyers who are underpaid in Germany have...Stress haben...You should take a holiday? I mean with the nerve i touched upon, i guess you need some time away. Oh, but wait, you cant. You need to pay for Greece and the rest of the defaulting countries...Kein pause...
"Fraud by Deustche Bank was probably committed in Frankfurt so when the SEC raises the issue, Frankfurt will be the stage."
What part of the SEC has no jurisdiction in Germany don't you understand?
Dont underestimate that the SEC can easily sue DB "Inc." in New York...