Apr 25 2010
Shameless Rhetoric of the Week
On NPR’s Marketplace this week, “business writer” John Carney had about the most ridiculous rhetorical defense of Goldman Sachs that I’ve heard yet. It went something like this: the Securities and Exchange Commission civil suit against Goldman is “overstepping its bounds” because the SEC should be protecting the “little guy” rather than “German and and English banks” (to wit, ABN AMRO – now part of Royal Bank of Scotland – and IKB Deutsche Industriebank, the major investors in the ill-fated ABACUS2007-AC1 CDO). What’s Carney drawing on? There’s some measure of truth to the ideas that he deploys as support for this move. Securities laws were put in place to protect so-called ordinary investors (the haha little guy), and qualified institutional buyers are assumed to have more knowledge, so some requirements are waived for QIB’s from time to time and for very specific deals. So this little nugget of truth gets blown up into the rather absurd notion that Goldman had no reporting requirement on the ABACUS deal for the question at the heart of the case: did Paulson select some portions of the reference portfolio for the purpose of taking a short position on them, and was this disclosed to potential counterparties? Indeed, we’d think that QIB’s would be even less likely than the ordinary investor to enter into this transaction had proper reporting been done on this point. The canard that QIB’s know there’s “always somebody on the other side” of the transaction has also been floated as an explanation; that may be, but QIB’s don’t usually think that the party taking the other side of the transaction has fixed the result from the get-go, or even had a chance to do so. As is fairly obvious, this is the main reason for splashing ACA’s logo across all the deal documents while never mentioning Paulson at all. Let’s leave out the real problem here that has nothing to do with the transaction itself: these deals – whatever their specifics at the level of finance – were all about a massive structure that promoted impossible home ownership and therefore sank countless “little guys” into debt, foreclosure, and misery. It’s easy to miss this basic point when people talk “ratings arbitrage,” “short positions,” and “QIB’s.” These deals traded on misery; they hurt people – and continue to hurt people. It doesn’t get much more complicated than that, whatever the complications of the transaction structures.
But let’s leave all these questions aside. More remarkable is Carney’s utterly laughable rhetorical positioning. We know that the rhetorical context is anti-bank and, well, pro-little guy. So, how does one leverage this rhetorical context to defend Goldman Sachs, the most vilified “bank” on the planet? Well, you represent the government agency that’s trying to bring Goldman to account as “on the side of” the big banks, and vaguely “against the little guy.” The SEC gets transformed into the Big Government Entity flacking for the Big Banks, while Goldman shuffles and whistles its way out of the room. It really is a breathtakingly cynical maneuver – impressive in its sheer brazenness. There’s no wonder that the Tea Party imbeciles are so turned around and confused.
Witness the spin here

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