ken atchity door to door: Goldman ‘Too Big’ to Face Prosecution Over Mortgage Securities, Hintz Says [via Nina Reznick]

Goldman ‘Too Big’ to Face Prosecution Over Mortgage Securities, Hintz Says [via Nina Reznick]

Goldman Sachs Group Inc. (GS) won’t face criminal prosecution related to sales of mortgage-linked securities because such a move could threaten the U.S. financial system, according to Brad Hintz, an analyst at Sanford C. Bernstein & Co.

The U.S. Department of Justice, which is reviewing a Senate subcommittee report that alleged Goldman Sachs misled clients before the financial crisis, will avoid jeopardizing the fifth- largest U.S. bank by assets because it’s viewed as “too big to fail,” Hintz wrote in note to clients today.

“If an alleged violation is identified during a Goldman investigation, we expect a reasoned response from the Justice Department,” Hintz wrote. “In a worst case environment, we would expect a ‘too big to fail’ bank such as Goldman to be offered a deferred-prosecution agreement, pay a significant fine and submit to a federal monitor in lieu of a criminal charge.”

Stephen Cohen, a spokesman for New York-based Goldman Sachs, declined to comment on Hintz’s note. Laura Sweeney, a spokeswoman for the Justice Department in Washington, didn’t immediately reply to requests for comment.

Under a deferred-prosecution agreement, the U.S. files charges against a company and agrees to dismiss them after a certain period, typically if the company pays a fine or penalty and improves its governance or other practices. In October, the Justice Department dismissed a conspiracy case against UBS AG (UBSN), Switzerland’s biggest bank, after the expiration of an 18-month deferred prosecution agreement with the Zurich-based bank.

Litigation Risk ‘Manageable’

Hintz, ranked the No. 1 analyst covering brokerage firms in a survey by Institutional Investor last year, said that the Justice Department’s approach to criminal charges against companies has changed since accounting firm Arthur Andersen LLP’s business collapsed following a felony charge.

A 2003 Justice Department policy document “stated that prosecutors can reward cooperation by offering a negotiated settlement to a targeted company that can range from immunity from criminal indictment to a deferred prosecution agreement,” Hintz wrote. “Ultimately, the targeted company is treated not as a hardened criminal but as the equivalent of a juvenile offender that can be reformed.”

Goldman Sachs’s potential civil litigation risk related to sales of mortgage-backed securities and collateralized debt obligations “is manageable,” Hintz wrote, because the statute of limitations for many of the claims has already passed.

Franchise Will ‘Suffer’

Goldman Sachs’s most senior employees, known as partners, have every incentive to put the firm’s legal and political problems behind them, Hintz said.

He kept his “outperform” rating on Goldman Sachs. The stock fell $2.32, or 1.6 percent, to $138.41 at 9:55 a.m. in New York Stock Exchange composite trading. Goldman Sachs has declined 16 percent this year through yesterday.

“As politicians continue to criticize the firm and the public scrutiny persists, we believe that Goldman’s clients will begin to rethink their relationship with the firm and the franchise will ultimately suffer,” he wrote. “With approximately 17 percent of the ownership in the hands of current and former partners, this control group has ample motivation to make amends with politicians and the public in order to reduce the threat to its franchise.”

In July, Goldman Sachs agreed to pay $550 million to settle a civil fraud suit by the U.S. Securities and Exchange Commission that alleged the firm misled clients about a mortgage-linked investment. The settlement, in which the company also admitted to making a “mistake,” was agreed to three months after the firm’s statement that the allegations “are completely unfounded in law and fact and we will vigorously contest them and defend the firm and its reputation.”

Fabrice P. Tourre, the only Goldman Sachs employee who was also sued by the SEC in that case, hasn’t settled that suit.

To contact the reporter on this story: Christine Harper in New York at charper@bloomberg.net

To contact the editor responsible for this story: David Scheer at dscheer@bloomberg.net.

No comments:

Yoga Gives Back

Written by Kayoko Mitsumatsu

From Posture To Power: Microcredit Changes Lives On Both Sides of the Ocean

We can talk about making change. But affecting real change in the world comes from impacting the lives of individuals. It comes from empowering people to be independent and able to make a living on their own while at the same time being fully integrated in our interdependent global community. Sometimes it takes something that seems to be radical to make this change, but these shifts can be deceptively small. They can be even as small (or as large) as the cost of a Los Angeles Yoga class.

How could this be? In the practice of microcredit, lending seemingly small amounts of money to small-scale entrepreneurs allows them to succeed and change their circumstances. This is the fundamental basis of microcredit’s transformative power; it’s a revolutionary concept in finance. This practice shifts the emphasis from financial transactions being focused only about large loans and large scale businesses, which are out of reach of many one-person operations, institutions and organizations – to lending practices that actually make a positive difference in a person’s life. Microcredit practices based on social justice and empowerment operate through a combination of small-scale loans based on trust and community support, with structured repayment plans and programs that encourage savings. In these situations, people actually have the opportunity to solidify long-term change in their lives.

Dr. Muhammad Yunus and the Yoga Gives Back Team: Joel Bender, Leslie Hendry, Dr. Muhammad Yunus and Kayoko Mitsumatsu (left-right)

In 2006, economist Dr. Muhammad Yunus and the institution he founded, the Grameen Bank, were awarded the Nobel Peace Prize. This award was in recognition of their revolutionary efforts to create this micro-credit model, support sustainable economic practices, and provide an alternative to what were exploitive norms. When a person is caught in a cycle of poverty, they may become trapped in the system, particularly since large banking institutions have historically ignored people without assets or credit histories, who are just starting out and who may not have already proven themselves. Most banks prefer to lend large sums of money that represent a greater profit margin and are set up only for large loans in order to make a profit themselves. And even making it more challenging, people at the bottom of the economic scale worldwide have had to rely on moneylenders charging usurious terms and interest rates to obtain funds to plant the next crop, buy inventory of new equipment, or upgrade a business in any way. Institutions such as the Grameen Bank and their affiliates are offering another approach. It’s one that has significantly impacted millions of people.

As Dr. Yunus described in an exclusive interview with Yoga Gives Back in May, 2009, “We started in 1976, and today within Grameen Bank in Bangladesh, eight million people borrow micro loans, ninety-seven percent of them women.” This represents an enormous potential for change and empowerment that just did not exist on a large scale in this form prior to 1976.

There is a social cycle in economics, and Dr. Yunus explained this: “Poverty is not inside the person. Poverty is forced from outside. Poor people are as capable [a] human being as anybody else. They have the same power and energy, same potential. But they are denied such facilities. They cannot express themselves. Money is one of the most important items missing in their lives. You need a dollar to catch a dollar. You cannot catch a dollar with an empty hand. So, that first dollar, nobody has given to her. So she remains dependent on someone else. She has to be hired, to slave; she has to work to make food available on the table. What we have done, we have put that first dollar into her hands as a banking proposition. Conventional banks never come to the poor people. They go to rich people to make more money. The person who does not have a dollar – she cannot get it. So we did it. We did it in a way that is affordable to her. Because we do not insist on collateral. There is no collateral.”

While that may seem like a radical concept, the Grameen Bank has proven that their success is much more than ideological. Dr Yunus cited statistics for us, “The repayment rate is almost 100%, without collateral or anything. This is the strength of microcredit which is now spread all over the world. There are by now at least 150 million borrowers in the world today. Bu it is still very small comparing to the need. We need more microcredit organizations in the world so that more people can be reached.”

Yoga Gives Back is a 501(c)(3) nonprofit organization begun in LA, with the goal to provide a way for Western Yoga practitioners to give back to India, the birthplace of Yoga, which has given us so much. We’re heeding Dr. Yunus’ call to reach more people through expanded opportunities for and awareness of microcredit and have targeted India and Indian families, women, and would-be entrepreneurs, who would be otherwise stuck in the cycle of poverty that Dr. Yunus described. Yoga Gives Back supports microfinancing operations in India, through the Grameen Foundation, headquartered in Washington, DC. Donations go directly to Grameen Koota, Bangalore, South India and our YGB awareness campaign focuses on the real stories of how poor women are changing their lives with small loans from Grameen Koota.

Ms. Vinatha M Reddy

Grameen Koota was started by visionary teacher and philanthropist, Ms. Vinatha M Reddy (pictured, above) in 1999, who learned about Nobel Peace Recipient Dr Muhammad Yunus’ microfinancing and immediately began exploring ways of replicating his work in her hometown. In 2000, she started providing small microcredit loans, averaging $25.00 a month, to fifty local women. Today, Grameen Koota’s work is reaching out to over 280,000 women in Bangalore, Mysore and many areas of Karnataka state, in South India, making real impact on these women’s lives as well as on the local economy.

Yoga Gives Back

The Los Angeles-based Yoga Gives Back has a worldwide reach and began out of the inspiration and dedication of my Yoga mentor Joel Bender and me. Our group has suddenly started growing almost daily and our mission is shared by a quickly expanding and loving Yoga community.

When I was growing up in Japan, which is a very middle-class society, I had never experienced or seen any real poverty, especially growing up in Tokyo in 1960s and 1970s, when Japan's post-war economic miracle was taking place. Then, I had a chance to live in Brazil in the late 1970s for two years, where as a teenager, I saw the divide between poverty and wealth, the reality of the real slums, kids on the streets begging every time you stopped the car at the traffic light, all very much like India. Social injustice hit me hard.

Once I started Yoga practice and feeling my life being so enriched by it , I felt a need to use my resources to help others. I was producing a documentary on Social Entrepreneurship and learned about microfinancing. I shared this information with Joel [featured in the teacher profile in this month’s issue of LA YOGA] who had been looking for the way he could give back to India since his first visit there – so we teamed up.

When I think about the growth of Yoga Gives Back thus far, I give a lot of credit to the entrepreneurship and volunteer spirit of Americans, willing to embrace and support a new grass roots campaign like ours.

Kayoko Mitsumatsu, co-founder of Yoga Gives Back, is a documentary filmmaker whose films deal with social justice issues, including First They Killed My Father a memoir of a Cambodia’s Killing Fields’ survivor.

A Life Changing Story of Microcredit: Jayashree

Jayashree

Jayashree lives in the suburbs of Bangalore and is married and the mother of two children. We visited her at her humble dirt floor one room home for the first time in 2007. We were touched by her warm smile and most generous hospitality, serving us hot tea and cookies.

Jayashree was born into a very poor family in Bangalore. When she was a child, her family’s financial situation became so severe that she had to drop out of school and work at a garment factory. She toiled throughout her childhood and after she got married at fifteen, her meager earnings had to support her ailing in-laws. She had two children. Her husband’s rickshaw business was not enough to pay her sons’ education or secure food for the family.

In 2007, Jayashree learned from her neighbors about Grameen Koota’s microcredit program and applied for her first loan. She was granted a first loan of 7,000 rupees ($175), and immediately bought her husband’s auto rickshaw. Owning their own rickshaw business increased their income significantly.

Jayashree was able to pay back her entire loan in one year and became eligible for her second loan in 2008. Having proven her diligence, her second loan amount doubled to 15,000 rupees ($375). This time, she bought a sewing machine and started stitching bags. The family’s earnings have now tripled and she is earning 150 rupees ($3.75) a day. In addition, she opened a small shop next to her house to sell her products which is earning her an additional 100 rupees ($2.50) a day.

She is sending her elder son to a medical school. Her son dreams of becoming a doctor and thanks his mother’s business for providing his education, their own home and daily food.

To participate in a Yoga practice where the proceeds support Yoga Gives Back and directly impact the transformation of not only your own life, but that of someone in India, start your Thanksgiving week at Yogaglo, Sunday, November 22, 10:00 A.M. - 12 noon. Some of the teachers include John Sahakian, Felicia Tomasko, Alexandra Aiken and Ally Hamilton; more to be announced. Yogaglo.com; yogagivesback.com.

For more information on Yoga Gives Back or to host a Yoga Gives Back class at your own studio or location, visit: yogagivesback.org or contact yogagivesback@earthlink.net.