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	<title>Comments on: A Conflict of Interest is Not a Conflict of Interest If It Involves Goldman</title>
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		<title>By: Francois</title>
		<link>http://www.nakedcapitalism.com/2009/05/conflict-of-interest-is-not-conflict-of.html#comment-46538</link>
		<dc:creator>Francois</dc:creator>
		<pubDate>Wed, 06 May 2009 00:12:00 +0000</pubDate>
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		<description>&quot;In Washington, the Fed&#039;s general counsel, Scott Alvarez, also says Mr. Friedman was needed during the New York Fed&#039;s transition.&lt;br /&gt;&lt;br /&gt;Yves here. While I have trouble with that notion...&quot;&lt;br /&gt;&lt;br /&gt;That makes three of us. General deGaulle once said: &quot;Cemeteries are full of indispensable men.&quot;&lt;br /&gt;&lt;br /&gt;The arrogance of the financial elite doesn&#039;t seem to know any limit whasoever.</description>
		<content:encoded><![CDATA[<p>&#8220;In Washington, the Fed&#8217;s general counsel, Scott Alvarez, also says Mr. Friedman was needed during the New York Fed&#8217;s transition.</p>
<p>Yves here. While I have trouble with that notion&#8230;&#8221;</p>
<p>That makes three of us. General deGaulle once said: &#8220;Cemeteries are full of indispensable men.&#8221;</p>
<p>The arrogance of the financial elite doesn&#8217;t seem to know any limit whasoever.</p>
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		<title>By: dunkinrussia</title>
		<link>http://www.nakedcapitalism.com/2009/05/conflict-of-interest-is-not-conflict-of.html#comment-46526</link>
		<dc:creator>dunkinrussia</dc:creator>
		<pubDate>Tue, 05 May 2009 20:35:00 +0000</pubDate>
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		<description>&quot;Mr. Baxter, the New York Fed general counsel, realized that the bank&#039;s chairman was now in violation of the Fed rules. But the institution had just lost another director, Richard Fuld Jr., a few days before the September collapse of the firm he led, Lehman Brothers Holdings Inc. So on Oct. 6, at the urging of New York Fed lawyers, Mr. Geithner asked the Federal Reserve Board for a waiver enabling Mr. Friedman to continue owning Goldman stock and serving on Goldman&#039;s board.&quot;&lt;br /&gt;&lt;br /&gt;What what what?  Am I reading this correctly- Richard Fuld was on the f-ing board of the Fed at the same time as he served as chairman of Lehman?  &lt;br /&gt;&lt;br /&gt;That cannot be legal.  The chairman of one of the country&#039;s largest financial firms can not possibly be allowed to serve as one of the country&#039;s chief regulators at the same time.  &lt;br /&gt;&lt;br /&gt;I am either reading this incorrectly, or I am hopelessly naive about the strength of incestuous ties between the public and private sector.  Please, please, please tell me that it is the former.</description>
		<content:encoded><![CDATA[<p>&#8220;Mr. Baxter, the New York Fed general counsel, realized that the bank&#8217;s chairman was now in violation of the Fed rules. But the institution had just lost another director, Richard Fuld Jr., a few days before the September collapse of the firm he led, Lehman Brothers Holdings Inc. So on Oct. 6, at the urging of New York Fed lawyers, Mr. Geithner asked the Federal Reserve Board for a waiver enabling Mr. Friedman to continue owning Goldman stock and serving on Goldman&#8217;s board.&#8221;</p>
<p>What what what?  Am I reading this correctly- Richard Fuld was on the f-ing board of the Fed at the same time as he served as chairman of Lehman?  </p>
<p>That cannot be legal.  The chairman of one of the country&#8217;s largest financial firms can not possibly be allowed to serve as one of the country&#8217;s chief regulators at the same time.  </p>
<p>I am either reading this incorrectly, or I am hopelessly naive about the strength of incestuous ties between the public and private sector.  Please, please, please tell me that it is the former.</p>
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		<title>By: bondinvestor</title>
		<link>http://www.nakedcapitalism.com/2009/05/conflict-of-interest-is-not-conflict-of.html#comment-46483</link>
		<dc:creator>bondinvestor</dc:creator>
		<pubDate>Tue, 05 May 2009 03:33:00 +0000</pubDate>
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		<description>this is absurd.&lt;br /&gt;&lt;br /&gt;I work for a large fund manager with multiple investment operations.  I have transactional authority and am considered a covered person under SEC regulations.  my assistant, my junior analysts, hell, even my wife, can&#039;t buy or sell any security (equity or fixed income) for which there are open buy/sell orders in any part of the company in any part of the world.  in fact, they can&#039;t place orders for any security that has been discussed on an investment call in any part of the company.&lt;br /&gt;&lt;br /&gt;now you&#039;re telling me that the Chair of the NY Fed is free to buy shares in a firm that is under his supervision upon which he is a member of the board - with no pre-clearance from compliance?&lt;br /&gt;&lt;br /&gt;unbelievable.</description>
		<content:encoded><![CDATA[<p>this is absurd.</p>
<p>I work for a large fund manager with multiple investment operations.  I have transactional authority and am considered a covered person under SEC regulations.  my assistant, my junior analysts, hell, even my wife, can&#8217;t buy or sell any security (equity or fixed income) for which there are open buy/sell orders in any part of the company in any part of the world.  in fact, they can&#8217;t place orders for any security that has been discussed on an investment call in any part of the company.</p>
<p>now you&#8217;re telling me that the Chair of the NY Fed is free to buy shares in a firm that is under his supervision upon which he is a member of the board &#8211; with no pre-clearance from compliance?</p>
<p>unbelievable.</p>
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		<title>By: Jim T</title>
		<link>http://www.nakedcapitalism.com/2009/05/conflict-of-interest-is-not-conflict-of.html#comment-46481</link>
		<dc:creator>Jim T</dc:creator>
		<pubDate>Tue, 05 May 2009 01:16:00 +0000</pubDate>
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		<description>How do you not get disheartened when you read stories like this and you realize that a huge percentage (if not all) of your politicians and corporate leaders really deserve to be put in jail. It&#039;s just horrific when you think about what all of these SOBs get away with on a daily basis. They all seem to find their own ways to extort money from the system!&lt;br /&gt;&lt;br /&gt;This guy with his insider trading, Nancy Pelosi with her TUNA/Samoa connection, Chris Dodd and his Country Wide Loans, George Bush and his $100 million in Library Donations (Nobody liked him? Somebody did!) You could go on for days listing their sins!&lt;br /&gt;&lt;br /&gt;When does it go from disheartened sheep to Civil Unrest and hanging them from an oak tree?</description>
		<content:encoded><![CDATA[<p>How do you not get disheartened when you read stories like this and you realize that a huge percentage (if not all) of your politicians and corporate leaders really deserve to be put in jail. It&#8217;s just horrific when you think about what all of these SOBs get away with on a daily basis. They all seem to find their own ways to extort money from the system!</p>
<p>This guy with his insider trading, Nancy Pelosi with her TUNA/Samoa connection, Chris Dodd and his Country Wide Loans, George Bush and his $100 million in Library Donations (Nobody liked him? Somebody did!) You could go on for days listing their sins!</p>
<p>When does it go from disheartened sheep to Civil Unrest and hanging them from an oak tree?</p>
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		<title>By: Hugh</title>
		<link>http://www.nakedcapitalism.com/2009/05/conflict-of-interest-is-not-conflict-of.html#comment-46473</link>
		<dc:creator>Hugh</dc:creator>
		<pubDate>Mon, 04 May 2009 19:35:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.nakedcapitalism.com/2009/05/a-conflict-of-interest-is-not-a-conflict-of-interest-if-it-involves-goldman/#comment-46473</guid>
		<description>&quot;While it is technically not inside information&quot;&lt;br /&gt;&lt;br /&gt;It&#039;s called crony capitalism.  It&#039;s like Goldman alumnus Liddy at AIG.  It&#039;s like Summers getting millions from a hedge fund for doing nothing.  It&#039;s like Paulson risking the whole financial system to settle whatever vendetta or ill-feelings he had toward Lehman while making sure no matter what happened Goldman was taken care of.  It&#039;s how Madoff made off with billions for so long.  It is how a system that has completely failed can act as if it only has a PR &quot;confidence&quot; problem.  &lt;br /&gt;&lt;br /&gt;&quot;Steve Friedman is a very capable chairman,&quot; said Tom Baxter, the New York Fed&#039;s general counsel&quot;&lt;br /&gt;&lt;br /&gt;This reminds me of the obligatory interview the media do with the neighbors of axe murderers:  &quot;He was such a nice man when he wasn&#039;t chopping people up.  Very quiet.&quot;</description>
		<content:encoded><![CDATA[<p>&#8220;While it is technically not inside information&#8221;</p>
<p>It&#8217;s called crony capitalism.  It&#8217;s like Goldman alumnus Liddy at AIG.  It&#8217;s like Summers getting millions from a hedge fund for doing nothing.  It&#8217;s like Paulson risking the whole financial system to settle whatever vendetta or ill-feelings he had toward Lehman while making sure no matter what happened Goldman was taken care of.  It&#8217;s how Madoff made off with billions for so long.  It is how a system that has completely failed can act as if it only has a PR &#8220;confidence&#8221; problem.  </p>
<p>&#8220;Steve Friedman is a very capable chairman,&#8221; said Tom Baxter, the New York Fed&#8217;s general counsel&#8221;</p>
<p>This reminds me of the obligatory interview the media do with the neighbors of axe murderers:  &#8220;He was such a nice man when he wasn&#8217;t chopping people up.  Very quiet.&#8221;</p>
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		<title>By: Richard</title>
		<link>http://www.nakedcapitalism.com/2009/05/conflict-of-interest-is-not-conflict-of.html#comment-46467</link>
		<dc:creator>Richard</dc:creator>
		<pubDate>Mon, 04 May 2009 15:49:00 +0000</pubDate>
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		<description>Simon Johnson wrote that the big New York banks have established an oligarchy.  I think it might be more accurate to say that Goldman Sachs has established the Oligarchy because through both administrations, the the answer to any policy question is &quot;Goldman Sachs wins.&quot;  It is breathtaking that this guy, and the whole crew at the Fed and the Treasury, see nothing wrong with this guy using his inside position to enrich himself (even though he is probably already as rich as Croseus - as the Scorpion told the Frog, I cannot help myself, it is my nature.)</description>
		<content:encoded><![CDATA[<p>Simon Johnson wrote that the big New York banks have established an oligarchy.  I think it might be more accurate to say that Goldman Sachs has established the Oligarchy because through both administrations, the the answer to any policy question is &#8220;Goldman Sachs wins.&#8221;  It is breathtaking that this guy, and the whole crew at the Fed and the Treasury, see nothing wrong with this guy using his inside position to enrich himself (even though he is probably already as rich as Croseus &#8211; as the Scorpion told the Frog, I cannot help myself, it is my nature.)</p>
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		<title>By: An80sReaganite</title>
		<link>http://www.nakedcapitalism.com/2009/05/conflict-of-interest-is-not-conflict-of.html#comment-46465</link>
		<dc:creator>An80sReaganite</dc:creator>
		<pubDate>Mon, 04 May 2009 15:39:00 +0000</pubDate>
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		<description>To me, the crux of the matter is this recurring theme so far in this administration: &lt;br /&gt;&lt;br /&gt;&quot;New York Fed officials say that to have forced Mr. Friedman off the board while it sought a Geithner successor &lt;i&gt;would have deprived it of two leaders at a crucial time.&lt;/i&gt;&quot;Steve Friedman is a very capable chairman,&quot; said Tom Baxter, the New York Fed&#039;s general counsel, &quot;&lt;i&gt;and was the kind of person who we needed &lt;/i&gt;to head the search&quot; for someone to succeed Mr. Geithner.&lt;br /&gt;&lt;br /&gt;In Washington, the Fed&#039;s general counsel, Scott Alvarez, also says &lt;i&gt; Mr. Friedman was needed during the New York Fed&#039;s transition.&quot; &lt;/i&gt;- The banks where &quot;to big&quot; and &quot;too important&quot; to fail. &lt;br /&gt;- Geithner was &quot;too important&quot; to the bank nationalization to let $40,000 in back taxes keep him from such an important post. &lt;br /&gt;- Mr. Friedman was &quot;too important&quot; an asset at such a crucial time for the rules to apply to &lt;i&gt;him.&lt;/i&gt; Everything &amp; everyone is too important for the rules to apply to &lt;i&gt;them&lt;/i&gt;.  &lt;br /&gt;The rules are for us &lt;b&gt;&lt;i&gt;&quot;little people&quot;&lt;/i&gt;&lt;/b&gt; who aren&#039;t so crucial to the &quot;system&quot;.</description>
		<content:encoded><![CDATA[<p>To me, the crux of the matter is this recurring theme so far in this administration: </p>
<p>&#8220;New York Fed officials say that to have forced Mr. Friedman off the board while it sought a Geithner successor <i>would have deprived it of two leaders at a crucial time.</i>&#8220;Steve Friedman is a very capable chairman,&#8221; said Tom Baxter, the New York Fed&#8217;s general counsel, &#8220;<i>and was the kind of person who we needed </i>to head the search&#8221; for someone to succeed Mr. Geithner.</p>
<p>In Washington, the Fed&#8217;s general counsel, Scott Alvarez, also says <i> Mr. Friedman was needed during the New York Fed&#8217;s transition.&#8221; </i>- The banks where &#8220;to big&#8221; and &#8220;too important&#8221; to fail. <br />- Geithner was &#8220;too important&#8221; to the bank nationalization to let $40,000 in back taxes keep him from such an important post. <br />- Mr. Friedman was &#8220;too important&#8221; an asset at such a crucial time for the rules to apply to <i>him.</i> Everything &amp; everyone is too important for the rules to apply to <i>them</i>.  <br />The rules are for us <b><i>&#8220;little people&#8221;</i></b> who aren&#8217;t so crucial to the &#8220;system&#8221;.</p>
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		<title>By: gpp</title>
		<link>http://www.nakedcapitalism.com/2009/05/conflict-of-interest-is-not-conflict-of.html#comment-46462</link>
		<dc:creator>gpp</dc:creator>
		<pubDate>Mon, 04 May 2009 14:39:00 +0000</pubDate>
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		<description>These are the guys in charge of the dollar.&lt;br /&gt;&lt;br /&gt;I see the gold standard making a comeback.</description>
		<content:encoded><![CDATA[<p>These are the guys in charge of the dollar.</p>
<p>I see the gold standard making a comeback.</p>
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		<title>By: Scott Frew</title>
		<link>http://www.nakedcapitalism.com/2009/05/conflict-of-interest-is-not-conflict-of.html#comment-46453</link>
		<dc:creator>Scott Frew</dc:creator>
		<pubDate>Mon, 04 May 2009 13:02:00 +0000</pubDate>
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		<description>&quot;While it is technically not inside information (you need to be an insider of the company in question, that is, have a fiduciary duty to its shareholders), it certainly raises the specter of trading on privileged information.&quot;&lt;br /&gt;&lt;br /&gt;Yves, maybe you&#039;re being too subtle for me in the quotation above.  But Steve Friedman as a director is most certainly a Goldman insider.  And if he traded on the basis of material (&quot;“Material.” Information has been defined as “material” for purposes of U.S. securities laws in&lt;br /&gt;circumstances where: (i) there is a “substantial likelihood” that a “reasonable investor” would&lt;br /&gt;consider the information important in making an investment decision; (ii) the disclosure of the&lt;br /&gt;information would be “viewed by the reasonable investor as having significantly altered the ‘total&lt;br /&gt;mix’ of information made available;”9 or (iii) the disclosure of the information is “reasonably&lt;br /&gt;certain to have a substantial effect on the market price of the security.”) non-public information, that sounds an awful lot like insider trading to me.&lt;br /&gt;&lt;br /&gt;Oh, wait a second, reading through the regs, I see a little-remarked-upon footnote, the &quot;Goldman exclusion.&quot;&lt;br /&gt;&lt;br /&gt;Never mind.</description>
		<content:encoded><![CDATA[<p>&#8220;While it is technically not inside information (you need to be an insider of the company in question, that is, have a fiduciary duty to its shareholders), it certainly raises the specter of trading on privileged information.&#8221;</p>
<p>Yves, maybe you&#8217;re being too subtle for me in the quotation above.  But Steve Friedman as a director is most certainly a Goldman insider.  And if he traded on the basis of material (&#8221;“Material.” Information has been defined as “material” for purposes of U.S. securities laws in<br />circumstances where: (i) there is a “substantial likelihood” that a “reasonable investor” would<br />consider the information important in making an investment decision; (ii) the disclosure of the<br />information would be “viewed by the reasonable investor as having significantly altered the ‘total<br />mix’ of information made available;”9 or (iii) the disclosure of the information is “reasonably<br />certain to have a substantial effect on the market price of the security.”) non-public information, that sounds an awful lot like insider trading to me.</p>
<p>Oh, wait a second, reading through the regs, I see a little-remarked-upon footnote, the &#8220;Goldman exclusion.&#8221;</p>
<p>Never mind.</p>
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		<title>By: Independent Accountant</title>
		<link>http://www.nakedcapitalism.com/2009/05/conflict-of-interest-is-not-conflict-of.html#comment-46452</link>
		<dc:creator>Independent Accountant</dc:creator>
		<pubDate>Mon, 04 May 2009 12:54:00 +0000</pubDate>
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		<description>Attempter:&lt;br /&gt;Charles DeGaulle said, &quot;The world&#039;s cemeteries are full of indispensable men&quot;.&lt;br /&gt;&lt;br /&gt;YS:&lt;br /&gt;I read this one too.  A CPA cannot own shares in any company he audits.  Why should the NY Fed not be subject to the same rules CPAs are.  The conduct of these clowns is appalling.</description>
		<content:encoded><![CDATA[<p>Attempter:<br />Charles DeGaulle said, &#8220;The world&#8217;s cemeteries are full of indispensable men&#8221;.</p>
<p>YS:<br />I read this one too.  A CPA cannot own shares in any company he audits.  Why should the NY Fed not be subject to the same rules CPAs are.  The conduct of these clowns is appalling.</p>
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