In particular, he expects a full audit of the company, and perhaps some kind of ban:
If the Federal Reserve were an effective supervisor, it would have the political will sufficient to determine that Goldman Sachs has not been acting in accordance with its banking license. But any meaningful action from this direction seems unlikely.
Instead, Goldman will probably be blacklisted from working with eurozone governments for the foreseeable
future; as was the case with Salomon Brothers 20 years ago, Goldman may be on its way to be banned from some government securities
markets altogether. If it is to be allowed back into this arena, it
will have to address the inherent conflicts of interest between
advising a government on how to put (deceptive levels of) lipstick on a
pig and cajoling investors into buying livestock at inflated prices.
And the US government, at the highest levels, has to ask a fundamental question: For how long does it wish to
be intimately associated with Goldman Sachs and this kind of
destabilizing action? What is the priority here - a sustainable
recovery and a viable financial system, or one particular set of investment bankers?
At 9:30pm on Sunday, September 21, 2008, Goldman Sachs was saved from imminent collapse by the announcement that the Federal Reserve
would allow it to become a bank holding company –
implying unfettered access to borrowing from the Fed and other forms of
implicit government support, all of which subsequently proved most
beneficial. Officials allowed Goldman to make such an unprecedented
conversion in the name of global financial stability. (The
blow-by-blow account is in Andrew Ross Sorkin’s Too Big To Fail; this is confirmed in all substantial detail by Hank Paulson’s memoir.)
We now learn – from Der Spiegel last week and today’s NYT – that Goldman Sachs has not only helped or encouraged some European
governments to hide a large part of their debts, but it also endeavored
to do so for Greece as recently as last November. These actions are
fundamentally destabilizing to the global financial system, as they
undermine: the eurozone area; all attempts to bring greater
transparency to government accounting; and the most basic principles
that underlie well-functioning markets. When the data are all lies,
the outcomes are all bad – see the subprime mortgage crisis for further
detail.
A single rogue trader can bring down a bank – remember the case of Barings. But a single rogue bank can bring down the world’s financial system.
Goldman will dismiss this as “business as usual” and, to be sure, a few phone calls around Washington will help ensure that Goldman’s primary supervisor – now the Fed – looks the other way.
But the affair is now out of Ben Bernanke’s hands, and quite far from people who are easily swayed by the White House. It goes
immediately to the European Commission, which has jurisdiction over
eurozone budget issues. Faced with enormous pressure from those
eurozone countries now on the hook for saving Greece, the Commission will surely launch a special audit of Goldman and all its European clients.
This audit should focus on ten sets of questions.
The Federal Reserve must cooperate fully with this investigation. Ordinarily, the Fed might be tempted to sit on useful information, but
they can now feel themselves in Senator Bob Corker’s crosshairs.
Republican Senator Corker is willing to cooperate with Senator Dodd on
financial sector reform, opening up the possibility of legislation that
will pass the Senate, but he wants the Fed to lose its supervisory powers.
If the Fed refuses to help – willingly and fully - the European
Commission with bringing Goldman to account, that will just strengthen
the hand of Senator Corker and his allies.
If the Federal Reserve were an effective supervisor, it would have the political will sufficient to determine that Goldman Sachs has not
been acting in accordance with its banking license. But any meaningful
action from this direction seems unlikely.
Instead, Goldman will probably be blacklisted from working with eurozone governments for the foreseeable future; as was the case with Salomon Brothers 20 years ago,
Goldman may be on its way to be banned from some government securities
markets altogether. If it is to be allowed back into this arena, it
will have to address the inherent conflicts of interest between
advising a government on how to put (deceptive levels of) lipstick on a
pig and cajoling investors into buying livestock at inflated prices.
And the US government, at the highest levels, has to ask a fundamental question: For how long does it wish to be intimately
associated with Goldman Sachs and this kind of destabilizing action?
What is the priority here - a sustainable recovery and a viable
financial system, or one particular set of investment bankers?
To preserve Goldman, on incredibly generous terms, in the name of saving the financial system was and is hard to defend – but that is
where we are. To allow the current government-backed (massive) Goldman
to behave recklessly and with complete disregard to the basic tenets of
international financial stability is utterly indefensible.
The credibility of the Federal Reserve, already at an all-time low, has just suffered another crippling blow; the ECB is also now in the line of fire. Goldman Sachs has a lot to answer for.
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