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Charles Gasparino

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An October Surprise on Wall Street

Posted: 05/ 1/2012 11:46 am

Co-written with Sital Patel

The latest urban legend to spread on trading desks and through the executive suites on Wall Street goes something like this: coming this fall, as President Obama makes his final push for a second term, his Justice Department will finally give the public what it wants in the form of an arrest of a major Wall Street figure for his role in the financial crisis.

The men at the top of this "October Surprise" list are two of the more infamous figures in the banking business: former Lehman Brothers chief executive Dick Fuld and current Goldman Sachs chief executive Lloyd Blankfein.

Jon Corzine of MF Global infamy doesn't make the cut because he's also a big Obama fundraiser. But Blankfein and Fuld do, and according to the rumor mill, either or both will be charged with some financial-crisis related illegality as election day approaches and President Obama ramps up the class warfare.

Using the Justice Department for political purposes is, of course, pretty sleazy, though it's hard to put anything past an administration that's in the middle of an unseemly victory dance over killing Osama bin Laden. But after speaking to my law enforcement sources -- and you can throw people who work at the Securities and Exchange Commission and the Justice Department in this category -- I give low probability for this urban legend coming to fruition.

That doesn't mean Wall Street or Corporate America is out of the woods; these same law enforcement sources tell me that in the coming months, there is a growing likelihood of a major bust in the burgeoning insider trading investigation in which a major figure will be charged in the matter. This person, I am told, will be at least on the scale of Galleon hedge fund chief Raj Rajaratnam, thus satisfying the public's need for a Fat Cat scalp, and the administration's desire to fulfill that need.

Does that mean Fuld and Blankfein are totally out of the woods? All I can say is probably. (An attorney for Fuld didn't return calls for comment; a spokesman for Blankfein had no comment.)

Fuld's problem, of course, stems from the collapse of Lehman in the fall of 2008, an event that sparked the broader financial collapse that year leading to the Great Recession. Blankfein's centers on allegedly misleading statements he made to a US Senate subcommittee headed by Senator Carl Levin that investigated how Goldman managed to make money during the early days of the banking meltdown while everyone else, like Lehman, got killed.

The Levin subcommittee focused its attention on Goldman's ingenious plan to "short" or bet against toxic subprime debt, including selling these risky investments to its clients, in the run up to the banking meltdown of 2008. Inside Goldman, the scheme was known as the "Big Short," but Blankfein somehow thought it was wise to tell Levin's subcommittee that "we didn't have a massive short against the housing market."

As we all know, Lehman's top brass appeared oblivious to the firm's looming collapse, and investors sunk money into the firm based on Fuld's track record for pulling the firm out of danger as he did several times during his long Wall Street career. But Fuld has been investigated for the past 3-plus years and the evidence that he purposely misled investors about Lehman's financial condition during the firm's final days is pretty scant, I am told.

In fact, recently released emails from a congressional subcommittee investigating the financial crisis show just the opposite: They depict a man in deep denial about Lehman's problems, acting as if the firm would survive because he and his team were so smart and the Lehman brand so great

Blankfein, meanwhile, made a pretty boneheaded statement in trying to downplay what everyone on Wall Street knew was true and wished they had done themselves: hedging exposure to risky debt at the heart of the banking crisis through a significant short position that would in the end minimize losses when the you-know-what hits the fan, as it did the minute Lehman collapsed.

Though Blankfein hasn't been cleared by the Justice Department in its review of the Levin referral, firm attorneys give the chance of any case against him an extremely low probability -- one of the reasons Blankfein is now saying that he will remain at Goldman through the rest of the year.

Part of their reasoning comes down to common sense: Goldman may be among Wall Street's most reviled firms, and Blankfein among its most despised CEOs, but you can't be indicted for describing something as not being "massive" when it's just "big."

Does that mean we shouldn't expect an October Surprise as many people on Wall Street are now worrying about?

Here's what I am told, confirmed by two senior law enforcement officials involved in the insider trading probe: investigators are looking at charging someone they describe as a "big fish."

The person has been described as someone I would know, which since I cover Wall Street, means that it's a major financial type implicated in the matter. I cannot be certain of this because my sources refused to provide any additional details; the case isn't complete. It involves cooperators, which means that it might go forward or it might not.

So the October Surprise is a very real possibility, much to delight of journalists like myself. But before rejoicing we in the media should take a deep breath. These same law enforcement sources investigating insider trading among Wall Street fat cats and other corporate titans are also looking at the alleged improprieties of a major journalist who covers stocks.

That case, like the other, isn't completed, but both have been described as "moving forward."
In other words, stay tuned.

 
 
 
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Co-written with Sital Patel The latest urban legend to spread on trading desks and through the executive suites on Wall Street goes something like this: coming this fall, as President Obama makes his...
Co-written with Sital Patel The latest urban legend to spread on trading desks and through the executive suites on Wall Street goes something like this: coming this fall, as President Obama makes his...
 
 
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10:51 PM on 05/01/2012
Can we have some journalism here please?

The article informs us that Charlie Gasparino passes on rumors, prefers Bush to Obama and knows a lot of people.

Other than some shadowboxing about things that don't exist, what's the news here?
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Olderandwiser55
getting older and wiser....
12:32 PM on 05/02/2012
What's interesting is what he doesn't mention. he doesn't mention the current "big fish" on trial, Former Goldman Sachs director Rajat Gupta. Gupta is naming big names at GS.
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09:37 PM on 05/01/2012
"These same law enforcement sources investigating insider trading among Wall Street fat cats and other corporate titans are also looking at the alleged improprieties of a major journalist who covers stocks."

There are so many that deserve to be taken down: Cramer, Cavuto, Bartiromo. Take them all away.
05:51 PM on 05/01/2012
Please investigate the evidence presented in the new Documentary called The Wall Street Conspiracy. This powerful film exposes Goldman Sachs for selling FAKE phantom shares into the stock market and also into pension funds deliberately. The evidence is shown and the loop hole in the financial system is exposed called the Stock Borrow Program.

Richard
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Robert SF
05:37 PM on 05/01/2012
Blankfein? No, absolutely not. If anybody's head rolls, it will be some minor figure like that Raj guy. Who had ever heard of him before?
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Olderandwiser55
getting older and wiser....
07:14 PM on 05/01/2012
Most people that knew of hedge funds did...Raj connected to Gupta(on trial now) who was Goldman Sachs-Gupta is naming names as we speak.

Great operation....

http://www.businessweek.com/articles/2012-04-19/the-sec-outmanned-outgunned-and-on-a-roll#p1
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Olderandwiser55
getting older and wiser....
12:05 PM on 05/02/2012
By the way-that "minor figure/Raj guy" was described in 2009 by the WSJ "But if the regulator’s allegations today result in any convictions, it will have reeled in a very big fish indeed, Raj Rajaratnam, founder of hedge fund Galleon Group. "

Of course, that was discounted later. Raj was convicted and Goldman Sachs director is now described as anything but GS. As if he's a "little fish".

May 2 (Bloomberg) -- Goldman Sachs Group Inc., just months after being assailed by an ex-employee for harboring a "toxic" culture, faces a harsh spotlight this month in Manhattan federal court over how well a senior official guarded its secrets.

Rajat Gupta, a former Goldman Sachs director, goes on trial May 21 on charges of giving inside information to Raj Rajaratnam, the Galleon Group LLC co-founder serving 11 years in prison for insider trading. Gupta's lawyers say they may to point to others at the bank who passed Rajaratnam illegal tips. At least three other Goldman Sachs employees are said to be under investigation related to Galleon insider trading.....

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2012/05/02/bloomberg_articlesM33HT90D9L3501-M3D5V.DTL#ixzz1tjF4YGSH
05:36 PM on 05/01/2012
“Blankfein somehow thought it was wise to tell Levin's subcommittee that "we didn't have a massive short against the housing market."...”but you can't be indicted for describing something as not being "massive" when it's just "big."

This is what happens when hearings are more about political posturing in front of the cameras than about gathering evidence. Outcomes end up being determined by the meaning assigned to inherently vague terms like “massive”. As John Paulson said at the time: “You can’t short houses”; so you are only achieving the effect of shorting the housing market by purchasing credit default swaps on pools of mortgage debt.
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Anthony James Brooks
03:52 PM on 05/01/2012
There won't be anyone from Wall St. getting prosecuted, this article is just silly talk. Capitol Hill won't bite the hand that feeds, especially Obama. After all, we are talking about the same administration that decided the robo-signing fraud was worth about $1,800.00/offense, and not worthy of prosecution. If defrauding millions of homeowners by faking mortgage/foreclosure documents isn't worth prosecuting over, what makes the author think anything else is?
jhNY
Mercy.
12:27 PM on 05/01/2012
"Using the Justice Department for political purposes is, of course, pretty sleazy, though it's hard to put anything past an administration that's in the middle of an unseemly victory dance over killing Osama bin Laden. "

Cannot recall the author's deep disgust re the Mission Accomplished Codpiece Prez Fest as a crass political act, but perhaps he wrote something about it I missed. Or perhaps not.

Cannot recall his tirades against the uses of the Justice Department as interpreted and realized by Attorney General Alberto Gonzales, but again, perhaps he wrote or shouted something about it I missed . Or perhaps not.

Do recall his leading a mini-revolt of fee-extractors on the Exchange against the deadbeats they fleeced at comfortable remove by means of the housing bubble.
05:08 PM on 05/01/2012
At least under Bush, the Justice Department did not prosecute issues that were deemed to be "states rights" issues such as medical marijuana. Bush didn't approve of marijuana, but saw it as a states rights issue so his Justice Department did not crack down on dispensaries in California and Colorado. Now, under Obama, the Justice Department does not respect states rights issues, preferring a strong, centralized government to rule the land. This has resulted in Obama's Justice Department cracking down on medical marijuana in states where it is legalized. Under Bush, I could buy medical marijuana, but under Obama, I cannot.
jhNY
Mercy.
11:38 AM on 05/02/2012
Yep. The Obama administration's pursuit of marijuana suppliers is ugly, serves no legitimate health or medical purpose, and provides more fees to lawyers and more human fodder for the prison industry. All of which is beyond disappointing-- it's insulting the intelligence and support that many gave to his candidacy-- based on things candidate Obama said on this very subject, but like many other subjects, did not continue to say once elected. Which makes him: a professional politician, not to be trusted so much as held, whenever possible, to his campaign positions or promises.

But it's a two-party system. Period. And the Republican candidate is no closet libertarian, but rather, a plutocrat who means to extract more wealth from the classes below him for his own kind, at unbearable cost to the weakest among us. In the choice between the evil of two lessers, it's Obama by a few lengths. At least that's my take, and who I'm voting for, though not without reservation. Many reservations.
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Olderandwiser55
getting older and wiser....
12:14 PM on 05/02/2012
Are you joking? You don't remember Ashcroft? Ashcroft v. Raich), 545 U.S. 1 (2005), was a decision by the United States Supreme Court ruling that under the Commerce Clause of the United States Constitution, the United States Congress may criminalize the production and use of home-grown cannabis even where states approve its use for medicinal purposes. (This stemmed from Ashcroft pursuing a more aggressive "war on drugs soon after 9/11 when no one was paying attention.

Or this?: Ashcroft has been a proponent of the War on Drugs.[37] In a 2001 interview on Larry King Live, Ashcroft announced his intent to escalate efforts in this area.[38] In 2003, Ashcroft and the acting DEA Administrator, John B. Brown, announced a series of indictments resulting from two nationwide investigations code-named Operation Pipe Dream and Operation Headhunter. The investigations targeted businesses selling drug paraphernalia, mostly marijuana pipes and bongs, under a little-used statute (Title 21, Section 863(a) of the U.S. Code).[39] Counterculture icon Tommy Chong was one of those charged, for his part in financing and promoting Chong Glass/Nice Dreams, a company started by his son Paris. Of the 55 individuals charged as a result of the operations, only Chong was given a prison sentence (nine months in a federal prison, plus forfeiting $103,000 and a year of probation).
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Olderandwiser55
getting older and wiser....
07:17 PM on 05/01/2012
No kidding....very successful arrests by the DOJ. Wall Street is shaking in their boots...and the "author" from faux business news..right up there with Murdoch's WSJ.
jhNY
Mercy.
11:28 AM on 05/02/2012
Wish I thought Wall Street was shaking in its boots as much as you do. I think its occupants are retrenching and circling the wagons, and I think they'll get away with whatever they insist on doing, because they and their beneficiaries own our politics outright.