Abstract
The legal suit filed by SEC against the finance bank giant namely Goldman Sachs on the footing that Goldman Sachs has deceived its investors by indulging in a financial scam through its new financial instrument namely Abacus 2007 –AC1. Thus, SEC action may be followed by class action suits by Goldman Sachs shareholders, and Germany, the UK, and AIG are also contemplating filing a separate lawsuit against Goldman Sachs. This research essay will be analyzing how this lawsuit will impact the future of Goldman Sachs business shortly in an exhaustive manner.
The Lawsuit
Securities and Exchange Commission (SEC) has filed a civil lawsuit during mid-April 2010 on Goldman Sachs, a leading American Banking company accusing that it has engaged in security fraud. SEC alleged in its complaint that the bank designed and traded a mortgage investment that was clandestinely aimed to fail. The lawsuit was the first time that the SEC has initiated action against the deal that assisted investors to derive an advantage on the disintegration of the housing market.
The lawsuit was named after the ex vice-president of Goldman namely Fabrice Tourre, who was the brainchild for the creation of this new type of investment instrument namely Abacus 2007 –AC1.
The main objective of the SEC litigation centered on an investment vehicle namely Abacus 2007 –AC1 which was one among the twenty-five such vehicles that Goldman Sachs so invented so that some of Goldman’s clients and the bank could lay a wager against the housing market. It was reported that Goldman sold about $10.9 billion of Abacus investments.
It is to be observed that this kind of innovative instrument safeguarded Goldman against losses during the sub-prime mortgage crisis when the mortgage market fell and offered huge gains for the bank in later periods.
Abacus instrument’s value fell down and due to this; the fund manager was able to enrich huge gains.
By designing the Abacus credit instrument, the inventor J.A. Paulson is alleged to have earned profits in billions by anticipating the housing ripple in advance. However, SEC has not included the name of Paulson in the legal suit against Goldman.
According to SEC in its allegation that investors were informed by Goldman that Abacus 2007-AC1 would be chosen by an independent fund manager and thus, Paulson was helped by Goldman that facilitate Paulson to choose mortgage bonds that he knew well in advance that it would be most possible to lose its value.
Goldman Sachs also sold the Abacus instrument to investors other than Paulson and also to foreign banks like ABN Amro, IKB, and other investors in European Union.
It was further alleged that Goldman knowingly facilitated a client who was wagering against the mortgage market to greatly manipulate which mortgage securities to be summed up in an investment portfolio.
However, Goldman Sachs refuted the allegations made by SEC that it was unfounded both, in fact, and law and contended that it would ‘strongly challenge them and defend the company’s standing in the court.
SEC’s lawsuit against Goldman Sachs can be regarded as an indicator of a revitalizing action that had been condemned for not initiating any steps in evaluating the reasons for the financial crisis. Thus, SEC action against Goldman seems to be hunting the so-called pipeline from companies like Countrywide Financials, which was the brainchild of home loans to the raucous trading floors that influence the profit machine of Wall Street.
Of late, Goldman has been rebellious and took the heat of criticism thereby continually shielding its deeds in the mortgage market which includes its wagers against it. In Goldman’s annual report for the year 2009, the bank denied criticism that it had designed and traded to its customers, mortgage-associated securities that it had little trust in. (Story & Morgenson 2010).
The Company or Companies Involved
Goldman Sachs was established as early as 1869 in New York as the owner Marcus Goldman had established a commercial paper dealership. GS played a significant role in the IPO market since 1900. In 1999, Goldman Sachs went public and has been registered with NYSE since then.
Goldman Sachs is a premier investment bank in the U.S.A has been regarded as a money machine that acted as an epicenter of Wall Street’s power. For many decades, Goldman Sachs due to its platinum standing has drawn many stocks underwriting assignments and top investors.
Goldman Sachs is the globe’s most triumphant investment bank, and they are considered to be the top broker for order execution. They are also regarded as having the ability to enrich fabulous gains from intricate credit instruments. They have been regarded as the preferred destination for investment advice and thus with patrons of its clients, Goldman can maintain as the leader in its advisory business. (thefinancer.com 2010).
Goldman Sachs has customarily held the Midas touch in the investment banking field. It is regarded as an international leader in securities underwriting and as a leading advisor in acquisitions and mergers. It is offering underwriting, financial advisory, and investment management services to its clients. It also offers a variety of both asset management and investment services to government and corporate customers around the globe and also to individual and institutional investors. Goldman Sachs is also acting as one of the largest private equity investors in the globe and makes such investment through its associates namely GS Mezzanine, GS Capital Partners, etc.
In September 2008, due to the subprime mortgage crisis and a deep fall in the stock market, Goldman Sachs was transformed into a bank holding company which means that it could attract more deposits from its customers as this strategy will minimize the risk arising from using leverage. (Myjobsource.com 2010).
The Business Impact
Immediately, after the SEC’s action against Goldman Sachs, shares of Goldman plummeted by more than ten percent in just the first thirty minutes of trading.
Goldman by way of statement informed the investors that it had lost great value of money due to SEC’s litigation, and it also offered a wide-ranging disclosure on the deal to the investors. Though SEC has now filed a civil complaint against Goldman but later a criminal prosecution can be initiated if investigators are able to substantiate that Goldman aimed to fleece investors.
SEC also alleged in its complaint that the largest investor has chosen the mortgage investments from a list offered by the hedge fund and reiterated that the fact that Goldman itself lost $ 90 million may have no effect on the fraud complaint.
Shareholders of Goldman Sachs have decided to initiate class-action suits as the value of the share declined almost thirteen percent and Goldman lost its market capitalization of about $12.5 billion due to this fraud.
To substantiate the fraud charges, the government should demonstrate that Goldman had deceived its investors and failed to brief those realities that would have influenced their financial decisions.
Legal experts are of the view that there are enough lacunas and a shortage of evidence as it includes some short extracts from electronic mails but does not contain any detail about what the various investors grasped and what actions they initiated. (Wagner Daniel 2010).
The lawsuit initiated by SEC on Goldman Sachs may trigger a volley of other suits as Germany, UK and AIG are contemplating filing similar cases against Goldman Sachs.
According to analysts, the blow to Goldman’s unshakable standing could be much shoddier than any penalizing injuries. If one considers the damage that Goldman sustained on Wall Street, it is a severe blow to Goldman’s business.
Further, Goldman’s fraud has sent a signal to the U.S. government to introduce the finance reform bill at the earliest to set the framework for the issuance of new financial instruments like Abacus 2007 –AC 1. (thefinancer.com 2010).
SEC suit against Goldman Sachs has triggered anxiety that Goldman might lose some of its lion’s allocation of profitable markets like trading and fixed-revenue underwriting business as some institutions may avoid using the services of Goldman shortly.
However, there is genuine distress over the long-run effect on Goldman’s market share as some of its customers may be dissuaded from performing the same magnitude of business with a bank that is contemplated to be a regulatory fair game.
Due to negative heating produced by the SEC legal suit, FBR discharged Goldman’s shares from its list of its pinnacle investment choice.
However, SEC action is not expected to drive Goldman to bankruptcy as, during the first quarter of 2010, Goldman’s FICC business segment earned a net gain of $7.40 billion. Net gains from its principal and trading business were around $ 10.25 billion, which is up by forty-three percent as compared to last year. Further, income from fixed-income trading where Goldman functioned as a market maker for trading in the bond market for institutions is robust again in the first quarter of 2010.
However, we have to wait and see the second quarter 2010 results of Goldman as it may create grave impacts on Goldman’s financials’ due to SEC action suit.
Moreover, the negative impacts of SEC action against Goldman may be capitalized by its competitors like Morgan Stanley as they would endeavor to win away large shares of the fixed-income market from Goldman Sachs. (Barr 2010).
References
Barr, A. (2010). Goldman Embroiled In SEC Suit. Web.
Financer.com. (2010). Goldman Sachs… or Sack Goldmans? Web.
Myjobsource.com. (2010). Goldman Sachs. Web.
Story L & Morgenson G (2010). Goldman Sachs, the Wall Street’s Power House. Web.
Wagner, D. (2010). SEC Charges against Goldman Sachs May Trigger Torrent of Lawsuits. Web.