14 March 2012

Smith: Why I am Leaving Goldman Sachs


"And remember, where you have a concentration of power in a few hands, all too frequently men with the mentality of gangsters get control."

John Dalberg Lord Acton

This is an interesting commentary not only on Goldman but on the entire Anglo-American banking cartel as well. An executive at the 'bank' has resigned in moral revulsion.

But Wall Street need not fear those who refuse, in acts of conscience, to participate in the looting of customers and the abuse of the public trust. There are always others more than willing and eager to take their place.   Siewert, Former Geithner Aide, Heading To Goldman.

The reaction from Wall Street is that Mr. Smith, a ten year veteran, sounds naive. Dick Bove just told one of the giggling spokesmodels that if Goldman rips off its customers, and the suckers keep coming back for more, then that is the stock to buy. They are just that good.

Let's not get too misty or wax romantic about this. Goldman Sachs was a major corrupting force that contributed to the collapse and Depression of the 1930s, earning their own chapter in John Kenneth Galbraith's The Great Crash of 1929, In Goldman Sachs We Trust.

Greg Smith's comments on leadership are spot on. The tone of an organization is heavily influenced, if not set, by the behaviour and the policies of the leadership. And the part that character and honesty play in this has somehow been forgotten, abandoned.

"A genuine leader is not a searcher for consensus but a molder of consensus."

Martin Luther King

I can advise Mr. Smith that if he is disgusted at the behaviour on Wall Street, he ought never to go to Washington, which is replete with those who would do anything for power.

When it comes to 'ripping off their clients,' the politicians of the past twenty years are the real professionals. Not only thieves, but rapists and torturers and conmen.  

And this is why the relationship between the corporate sociopaths and the government, known colloquially as crony capitalism, is such an historically recurrent theme. Heart speaks to heart.

This Republican primary is one of the most disgusting spectacles of pandering and deceitful cynicism that I can remember. And the Democrats and their faux reformers are little better. MF Global and the lack of investigations and prosecutions in times of general financial fraud prove that.

Corruption is the coin of the realm. And the nation suffers.

"The preposterous claim that deviations from market efficiency were not only irrelevant to the recent crisis but could never be relevant is the product of an environment in which deduction has driven out induction and ideology has taken over from observation.

The belief that models are not just useful tools but also are capable of yielding comprehensive and universal descriptions of the world has blinded its proponents to realities that have been staring them in the face. That blindness was an element in our present crisis, and conditions our still ineffectual responses.

Economists – in government agencies as well as universities – were obsessively playing Grand Theft Auto while the world around them was falling apart."

John Kay, An Essay on the State of Economics

And that is why there will be no sustainable recovery, but instead, the whirlwind.

NYT
Why I Am Leaving Goldman Sachs
By GREG SMITH March 14, 2012

TODAY is my last day at Goldman Sachs. After almost 12 years at the firm — first as a summer intern while at Stanford, then in New York for 10 years, and now in London — I believe I have worked here long enough to understand the trajectory of its culture, its people and its identity. And I can honestly say that the environment now is as toxic and destructive as I have ever seen it.

To put the problem in the simplest terms, the interests of the client continue to be sidelined in the way the firm operates and thinks about making money. Goldman Sachs is one of the world’s largest and most important investment banks and it is too integral to global finance to continue to act this way. The firm has veered so far from the place I joined right out of college that I can no longer in good conscience say that I identify with what it stands for...

It makes me ill how callously people talk about ripping their clients off. Over the last 12 months I have seen five different managing directors refer to their own clients as “muppets,” sometimes over internal e-mail...

Read the rest here.

13 March 2012

SP 500 March Futures Shorter Term Chart - Once More Into the Breach Dear Ben



We're at the top of the longer term channel. There is still some room in the short term.

Or Ben could just throw caution to the wind and go for bubble number three.

“The world says: 'You have needs -- satisfy them. You have as much right as the rich and the mighty. Don't hesitate to satisfy your needs; indeed, expand your needs and demand more.'

This is the worldly doctrine of today.

And they believe that this is freedom. The result for the rich is isolation and suicide, for the poor, envy and murder.”

Fyodor Dostoyevsky, The Brothers Karamazov


CME Clearing Europe Limited Pulls Up Stakes



"CME Clearing Europe has been established to offer greater choice of central counterparty clearing infrastructure to users of derivatives outside the US. CME Group has developed systems and operational and risk management standards that support its position as the world's largest and most diversified derivatives marketplace; and since 2002 has extended its clearing in the US to cover OTC derivatives: commodities, IRS and CDS. On the basis of those systems and the accumulated clearing experience and investment, CMECE aims to offer a full range of OTC derivatives clearing from its London base."

CFTC
March 13, 2012
CFTC Vacates CME Clearing Europe Limited Registration as a Derivatives Clearing Organization

Washington, DC — At the request of CME Clearing Europe Limited (CMECEL), pursuant to Section 7 of the Commodity Exchange Act, the Commodity Futures Trading Commission issued an Order on March 13, 2012, vacating the registration of CMECEL as a derivatives clearing organization.

The Order of Vacation is available on the CFTC’s website.

CFTC Fines Goldman Clearing $7 Million For Account Supervision Failures



Apparently Goldman Clearing turned a blind eye to 'questionable' (using false statements to enhance performance, and carrying negative capital balances) activity by a client broker in order to accept the fees.

CFTC
March 13, 2012
CFTC Orders Goldman Sachs Execution & Clearing, L.P., a Registered Futures Commission Merchant, to Pay $7 Million for Supervision Failures in Handling Accounts it Carried

Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today announced that Goldman Sachs Execution & Clearing, L.P. (GSEC), a registered futures commission merchant based in New York, N.Y., agreed to pay a $5.5 million civil monetary penalty and $1.5 million in disgorgement to settle CFTC charges that it failed to diligently supervise accounts that it carried from about May 2007 to December 2009. The

CFTC order also requires GSEC to cease and desist from violating CFTC regulations requiring diligent supervision. Additionally, the order states that GSEC represented in its settlement offer that it has made changes in light of the events discussed in the order, including implementing enhanced supervision policies, procedures, and training.

GSEC provided back-office and other services to some clients who themselves are broker-dealers, according to the order. One such broker-dealer (Broker-Dealer) offered memberships to investors to trade commodities in subaccounts of the Broker-Dealer carried by GSEC, the order finds. GSEC failed to diligently supervise the handling of these subaccounts when it did not investigate signs of questionable conduct by the Broker-Dealer, according to the order. For example, in May 2007, at the beginning of GSEC’s relationship with the Broker-Dealer, the Broker-Dealer’s lawyer represented that the Broker-Dealer would not engage in commodity futures trading and therefore would not need to register as a commodity pool operator with the CFTC. However, the order further finds that the Broker-Dealer had already opened a commodity futures trading account with GSEC and, thereafter, traded commodity futures. Nevertheless, GSEC did not investigate the apparent contradiction between the lawyer’s representations and the Broker-Dealer’s actions, the order finds.

The order states, as another example, that in August 2009, GSEC learned that the Broker-Dealer distributed to at least one of its members a subaccount statement that falsely purported to have been issued by a non-existent GSEC affiliate. In addition to noting that no such GSEC affiliate existed, GSEC told the Broker-Dealer that the statement created an inaccurate picture of the Broker-Dealer’s overall performance. Yet, as the order further finds, despite these signals of questionable conduct, GSEC simply instructed the Broker-Dealer not to issue such an account statement and accepted the Broker-Dealer’s assurances that it had not done so before and would not do so again. In December 2009, the Broker-Dealer provided to GSEC a draft disclosure statement that disclosed that the Broker-Dealer had carried negative capital balances of approximately $6.8 million since October 2009, according to the order.

From May 2007 to December 2009, GSEC received approximately $1.5 million of gross fees and commissions for transactions it executed and/or cleared on behalf of the Broker-Dealer, the order finds.

According to CFTC Division of Enforcement Director David Meister: “The CFTC’s rules mandate that registrants diligently supervise their employees and agents. When registrants become aware of questionable activity, they must not simply rely on assurances from interested parties and their representatives, but instead must diligently investigate. As this case indicates, the Commission will hold registrants accountable if they fail in this regard.”

The CFTC appreciates the assistance of the National Futures Association, the Chicago Board Options Exchange, and the U.S. Securities and Exchange Commission.

CFTC staff members responsible for this case are Laura Martin, Janine Gargiulo, Candice Aloisi, Judith Slowly, David Acevedo, Manal Sultan, Lenel Hickson, Lisa Hazel, Annette Vitale, Ronald Carletta, Stephen Obie, and Vincent McGonagle.

Media Contacts
Dennis Holden
202-418-5088