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    Are SEC Charges Against Goldman More Serious Than Market Understands?

    Wed, 04/21/2010 - 11:30 EDT - Seeking Alpha
    • AIG
    • Avery Goodman
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    Avery Goodman submits: The SEC’s recent charges against Goldman Sachs (GS) involve something known as a collateralized debt obligation (heretofore referred to as “CDO”), which is a derivative instrument whose value is determined (or "derived") from the value of something else. Most CDOs are essentially investment funds, and their investments are generally chosen by their promotors and creators. In this particular case, the CDO was structured with residential mortgage bonds as the underlying "something else." The case was disclosed last Friday, and it involved a “synthetic” CDO called "Abacus 2007-ACA." Synthetic means it did not hold underlying mortgages or collateralized bonds. Instead, it contained a type of derivative, known as “credit default swaps” (heretofore referred to as “CDS”) for which premiums are paid on a regular basis. So, this particular CDO was a derivative of derivatives. Complete Story »

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    Related

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      Suna Reyent submits: I have stated in an earlier article my belief that SEC has a very strong case. I also believe that the Goldman Sachs (GS) defense I’ve read thus far is inadequate. So what is wrong with the Goldman defense?

    • Don't Blame Goldman Sachs, Blame the Synthetic CDOs

      Linus Wilson submits:After having a few days to reflect on it, I think that the Securities and Exchange Commission’s (SEC) complaint against Goldman Sachs (GS) is a weak one. Once you get your mind around the concept of a synthetic Collateralized Debt Obligation (CDO), it seems almost impossible for the government to prove its

    • Goldman Sachs, Synthetic CDOs, and ... Fraud?

      The Goldman Sachs fraud charges certainly make the company look sleazy, but one key fact seems not to be discussed too much:  the securities involved were synthetic CDOs, and I think that makes a big difference.  The plan for this article is1.    Explain what a CDO is2.    Explain what is different about a synthetic CDO3.    Explain how that matters for the fraud allegationWhat is a CDO?

    • ABACUS: A Synthetic, Synthetic CDO

      By James Kwak I actually suspected this, but I haven’t had the time to look at the marketing documents. But thankfully Steve Randy Waldman did. I don’t think I can improve on his description — these things take hundreds of words — but here’s a quick summary.

    • SEC Charges Goldman with Fraud

      By James Kwak Press release here. Complaint here. The allegation is that Goldman failed to disclose the role that John Paulson’s hedge fund played in selecting residential mortgage-backed securities that went into a CDO created by Goldman. Here’s paragraph 3 of the complaint:

    • RBC sued by Rakuten Bank over US$10-million in CDO losses

      Royal Bank of Canada, the country’s largest lender, and several units were sued by Rakuten Bank Ltd. over claims it marketed and sold unsuitable securities backed by deteriorating mortgage loans that wiped out a US$10-million investment.

    • Goldman Case: Indictment of Synthetic CDO Market?

      Charles A. Smith submits:Why does the market for synthetic CDOs exist? Is it because we ran out of deadbeat borrowers in early 2007? In other words, were the bears (Paulson, Magnetar, etc.) in the same position as an equity short determined to press a winning trade - unable to borrow any more shares - so they decided to create more out of the whole cloth of credit default swaps? It sure looks like it.

    • Why Goldman Sachs May End in a Lehman Style Collapse

      Avery Goodman submits: A few days ago, I published an article on Seeking Alpha titled “Are SEC Charges Against Goldman More Serious Than Market Understands?".

    • Goldman Sachs: How Far Will the Abacus Case Spread?

      John Lounsbury submits:On Friday the SEC made public civil charges of fraud against Goldman Sachs (GS) and 31 year old Vice President Fabrice Touree with regard to specific mortgage securities transactions.

    • ETFs With Significant Goldman Exposure

      Michael Johnston submits:After generally impressive earnings reports sent markets higher for much of the last week, Friday’s shocking allegations against Goldman Sachs (GS) ensured that the week ended on a down note.

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