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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

Thursday, January 3, 2013

Paulson, Abacus and Goldman Sachs Lawsuit

John Paulson, a hedge fund manager, has been added to a lawsuit being brought against Goldman Sachs by ACA (ACA Financial Guaranty Corp.).  Paulson is being accused of conspiring to induce ACA to insure the Abacus deal which he constructed in such a way that it was doomed to fail as an investment.  The ACA complaint points to Paulson's deception and fraud inducement which was overseen by Goldman Sachs.

The report from Levin/Coburn described Paulson's part in the deal thusly:

"In the case of Abacus, Goldman did not take the short position, but allowed a hedge fund, Paulson & Co. Inc., that planned on shorting the CDO to play a major but hidden role in selecting its assets. Goldman marketed Abacus securities to its clients, knowing the CDO was designed to lose value and without disclosing the hedge fund’s asset selection role or investment objective to potential investors. Three long investors together lost about $1 billion from their Abacus investments, while the Paulson hedge fund profited by about the same amount. Today, the Abacus securities are worthless."  (Page 10 of Wall Street and the Financial Crisis:  Anatomy of a Financial Collapse by Levin and Coburn)
Paulson Named in ACA's Revised Goldman Sachs CDO Suit
By David McLaughlin - Bloomberg

Paulson & Co., the New York hedge fund, was named as a defendant in a proposed revised lawsuit by ACA Financial Guaranty Corp. (MANF) against Goldman Sachs Group Inc. (GS) over a collateralized debt obligation called Abacus.

Paulson and Goldman Sachs conspired to induce ACA to provide financial guaranty insurance for the Abacus deal, which was “doomed to fail,” the firm said in papers filed yesterday in New York State Supreme Court in Manhattan. ACA, which sued Goldman Sachs in 2011, is seeking court permission to file a revised complaint adding Paulson as a defendant. 
“The proposed amended complaint properly pleads that, at a bare minimum, Paulson gave Goldman Sachs substantial assistance in achieving the fraud,” ACA said.  

Read the whole article here


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