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According to the Collins English Dictionary 10th Edition fraud can be defined as: "deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain some unfair or dishonest advantage".[1] In the broadest sense, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation. Defrauding people or entities of money or valuables is a common purpose of fraud, but there have also been fraudulent "discoveries", e.g. in science, to gain prestige rather than immediate monetary gain
*As defined in Wikipedia

Friday, November 4, 2011

Goldman Sachs Guys in Regulatory Positions

Goldman Sachs is known for its allergy to bank regulations. They have worked in the past to modify regulations, to do away with regulations, or to make new regulations that are consonant with bank functions. This list of Goldman names shows how they have influenced government policies in the past.

So our man at the Bank of Canada, a Goldman Sachs guy, has been tapped for an international post as a "global banking cop" on the Financial Stability Board (FSB). It is best to withhold judgement until the man has had a chance to make his mark. Carney's ability to raise the ire of Jamie Dimon is a good start.

Here's why we have to wait and see. When Gary Gensler, formerly of Goldman Sachs, was given the job of making the new rules for the CFTC according to the Dodd-Frank law, his funding was inadequate at first and there was resistance from the banks to having more rules governing their practices and much lobbying to boot. Gensler also had to delay the implementation of some of the rules until the end of this year.

Apparently, the CFTC is one of the regulators responsible for firms like MF Global which recently sought bankruptcy protection. There are some irregularities in MF Global too.

Conclusion: Many regulators are still having problems doing their job of regulating.

Wall Street Journal: Where was the CFTC?
by cpowell - GATA

From The Wall Street Journal
Thursday, November 4, 2011

How are the regulators going to explain this one?

MF Global, the failed firm whose chairman and CEO is Jon Corzine, has already destroyed the wealth of its investors and roiled the banking world. But now we are learning that it may have lost customer funds as well.

A major Wall Street broker in derivatives markets with $41 billion in assets, MF Global filed for bankruptcy on Monday after Mr. Corzine made disastrous bets on bonds issued by European governments. It initially appeared he was (only) gambling with his firm's own capital, but a federal official tells the Journal that MF Global has admitted diverting money out of customer accounts, which may be a violation of federal law.

This follows a report from futures exchange operator CME that MF Global was not complying with federal rules on segregating client funds. In bankruptcy court yesterday an MF lawyer said, "To the best knowledge of management, there is no shortfall" in customer accounts. But the Journal reported late yesterday that the FBI is investigating the matter.

If reports of missing funds are true, it's a significant embarrassment for the firm's regulators at the Commodity Futures Trading Commission. CFTC Chairman Gary Gensler has been leading the Beltway chorus for years in reciting the (false) story that the absence of regulation allowed AIG and its credit-default swaps to wreak havoc in 2008.

Never mind that the Treasury Department's Office of Thrift Supervision did regulate AIG, and that an OTS official testified before Congress that the agency signed off on the swaps because it didn't expect Armageddon in the housing market. Mr. Gensler nonetheless succeeded in gaining for himself and his agency broad new powers over the derivatives market as part of Dodd-Frank in 2010.

The MF Global case involves business that was unambiguously regulated by the CFTC long before Mr. Gensler built his new regulatory empire. In fact, the alleged MF Global failure goes to the basic regulatory blocking and tackling that the CFTC is supposed to perform, which includes ensuring that companies aren't raiding customer funds for their own trading.

It is also no small irony that MF Global was among the cheerleaders for Mr. Gensler's plans for new clearing arrangements under Dodd-Frank. Maybe if the regulators hadn't been so busy writing new rules, they would have checked if MF Global was following the old ones.

It was always fanciful to believe that the regulators who failed to prevent the last financial meltdown would somehow prevent the next one. The surprise is that this mirage of regulatory competence has been exposed so quickly.
Read the article here

Read about the risks (thanks to reader's comment) that MF Global took and that the CFTC overlooked here


What confidence? said...

Karl Denninger - MF Global and OWS - Crony Capitalism = Theft

SIPC does not have allot of funds backing up stock and futures
accounts. We could easily have a run on the SIPC resulting in total
failure. We talk about criminal activity and moral hazard as people use a
backstop to fleece people..

Us vs them said...

Professor Murray Sabrin admits Ron Paul is silenced by the media because of the Federal Reserve!

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