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Janet Tavakoli

Janet Tavakoli

Posted: September 13, 2010 09:00 AM

Goldman Sachs: Bullies on the Block

What's Your Reaction:

Arianna Huffington's new book, Third World America: How Our Politicians are Abandoning the Middle Class and Betraying the American Dream speaks for the disenfranchised middle class: Americans that have lost wages, lost jobs, lost value in homes, and lost substantial value in investments and retirement funds. The U.S. middle class is being scammed out of existence. Wall Street and large corporate special interests -- including energy companies, large financial institutions, drug companies, and the large military industrial complex -- effectively bought Washington.

For most Americans, the Great Recession never ended, and for many of the 14.9 million unemployed Americans, it's a 21st century Depression. Yet in December 2009, Larry Summers, director of the White House National Economic Council, told ABC news: "Today, everybody agrees that the recession is over, and the question is what the pace of the expansion is going to be."

The recession was over for bailed-out banks paying billions in bonuses. Taxpayers fund Wall Street with nearly zero-cost loans, and Congress changed accounting rules in April 2009 so that Wall Street firms could hide losses to create the illusion of "big profits," as they try to fill the gaping holes in their balance sheets.

Money Cartel's Yes Men

The money cartel is as dangerous as the Mexican drug cartel. Its weapons of choice are taxpayer subsidized funds for swarms of Washington lobbyists, "money jobs" for politically connected yes men, and lucrative positions for former regulators and the law firms that hire them. Wall Street is winning the class war, and taxpayers supplied the arms.

[White House Chief of Staff] Rahm Emanuel famously declared, "Rule one: Never allow a crisis to go to waste. There are opportunities for big things." But since the financial meltdown, it is actually the very people who created the crisis who have taken advantage of it and achieved "big things" - especially big profits and bonuses.


Third World America P. 193

Wall Street's PR spin, lobbying, money train to Congress, and bullying of fact finders have kept much of the truth away from the public. Frank Rich of The New York Times pointed out: "What we don't know will hurt us, and quite possibly on a more devastating scale than any [Al] Qaeda attack. Americans must be told the full story of how Wall Street gamed and inflated the housing bubble, made out like bandits, and then left millions of households in ruin."

In my book on the the global financial meltdown, Dear Mr. Buffett: What an Investor Learns 1,269 Miles from Wall Street, I explain the relationship between failed mortgage lenders and Wall Street's private-label multi-tenacled securitization process. It was a widespread interconnected Ponzi scheme. The bulk of toxic mortgages were the result of Wall Street's private label securitization (loan packaging) machine. Fannie and Freddie were forced to buy hundreds of billions of "highly rated" Wall Street mortgage backed "assets," and they are now Wall Street's ongoing mortgage dumping grounds. There should be thousands of felony indictments for accounting fraud and securities fraud. [See "President Obama: Bring Back Black," Huffington Post, April 26, 2010.]

Taxpayers Bailout Goldman Sachs

Goldman Sachs is by no means the only offender, but it epitomizes the problem. Goldman enjoys many benefits and subsidies as a result of Congress's massive bailout of Wall Street. [See "Goldman Sachs: Spinning Gold," Huffington Post, April 7, 2010.]

In August 2007, I publicly challenged AIG's accounting for its "protection" (credit default swaps) on value destroying CDOs (collateralized debt obligations backed by mortgages and various other assets including credit derivatives). AIG said it had zero accounting losses; but its losses were material, and AIG had a serious problem. The potential for actual losses was so enormous that I called Warren Buffett and met with Jamie Dimon, CEO of JPMorgan Chase. Unbeknownst to me at the time, Goldman was already pressuring AIG for more than a billion dollars in collateral.

In the fall of 2009, I uncovered the fact that Goldman Sachs had a much larger role in the mortgage bets that nearly toppled AIG than the Treasury, the Fed, or Goldman itself publicly disclosed in September 2008, when AIG was first bailed out. Then Treasury Secretary Henry Paulson was Goldman's CEO at the time the deals were done with AIG. He was also CEO when Goldman underwrote other value destroying CDOs against which foreign banks bought protection. Stephen Friedman, a former Chairman of Goldman Sachs and then Chairman of the New York Fed, concurrently sat on Goldman's board. These men had serious conflicts of interest, and events played out very much to Goldman's benefit at the expense of taxpayers.

By September 2008, AIG was drained of cash and close to imploding. At the time Fed Chairman Ben Bernanke testified AIG had to be saved lest AIG's failure trigger a Great Depression. (In March 2010, Treasury Secretary (and ex-President of the NY Fed) Timothy Geithner and ex-Goldman CEO and ex-Treasury Secretary Hank Paulson also testified to this.) Instead of allowing AIG to fail with minimal intervention, Washington protected culpable bankers.

In September 2008, David Viniar, CFO of Goldman Sachs, said Goldman's exposure to AIG was "immaterial whatever the outcome at AIG." Goldman CEO Lloyd Blankfein would later testify to Congress in that Goldman "facilitates customer transactions." After analyzing new information, on October 28, 2009, I issued a commentary, "Goldman's Lies of Omission," stating that in my opinion, David Viniar, Goldman's CFO, had lied.

Intimidation Tactics and Cover-Ups

Goldman's response was to initiate an hour long phone conversation: a combination of a veiled threat (I don't have a problem...but our lawyers might) and obfuscations. In response, I issued an "apology" to David Viniar. Viniar may not technically have lied; perhaps he is just unimaginative about risk. Either way, shareholders might ask why Goldman's officers sucked tens of billions in bonuses out of the Goldman as they "hedged" value destroying CDOs with AIG--an entity that nearly collapsed, while it still owed billions to Goldman.

Goldman said it was only involved in AIG trades as an "intermediary." That wasn't true. As a further response to Goldman's pressure, I revealed Goldman's key role in AIG's crisis. At the time, I was confident that within a week, an expected SIGTARP (Special Inspector General for the Troubled Asset Relief Program) report would have similar findings, but inexplicably, it did not. My findings were sound, however. When Goldman blew smoke about only being an "intermediary," it didn't know that I had information that had been suppressed by the Fed, AIG, Goldman, Treasury, and the SEC. [See: Goldman's Undisclosed Role in AIG's Distress, TSF, November 10, 2009.]

The AIG bailout benefited Goldman, the firm responsible for the largest share of many value destroying collateralized debt obligations (CDOs) against which AIG sold protection ($33 billion of the $80 billion). Goldman had already extracted $7.5 billion from AIG by September 2008, and Goldman's cronies had extracted even more billions. When taxpayers bailed out AIG in September 2008, AIG still owed billions of dollars more on top of that.

Out of the approximately $20 billion CDOs Goldman protected directly with AIG, Goldman had structured and created $6 billion CDOs named "Abacus," against which it bought protection from AIG. (Abacus CDOs were backed by credit derivatives referencing value destroying mortgage backed assets, and some had hidden features that disadvantaged investors.) That goes far beyond merely acting as an intermediary.

AIG reportedly settled $3 billion (of the original $6 billion) Abacus related deals at a loss of $1.5 billion to $2 billion by April 2010. SIGTARP is now investigating these deals, which are similar to Abacus 2007-AC1, a CDO at issue in the U.S. Securities and Exchange Commission lawsuit against Goldman alleging failure to disclose material information to investors. The fraud suit was settled settled for $550 million, of which $250 billion was paid in reparations to two sophisticated foreign banks. Among other issues the SEC's settlement swept under the rug was that the Abacus deal may have been used to unload other complex value-destroying CDOs Goldman created. [See: "Abacus might have had other benefits for Goldman," by Matthew Goldstein, Reuters, April 24, 2010.]

Goldman also knew or should have known the character of the risk of $14 billion third-party value destroying CDOs it protected with AIG. Goldman claimed it acted as an "intermediary," as opposed to say, exchanging favors in a complicated game of "you bury my bodies and I'll bury yours." The Fed used taxpayer dollars to settle these transactions for 100 cents on the dollar, an appalling example of crony capitalism. [See: "Redacted AIG filing might have spotted worst deals," by Matthew Goldstein, Reuters, January 10, 2010.]

Moreover, Goldman had also created additional value destroying CDOs (some were backed by cash assets and credit derivatives referencing value destroying CDOs), against which other banks--including some foreign banks--bought protection from AIG. Crony capitalism bailed out Goldman's trading partners for 100 cents on the dollar, even though other bond insurers were settling deals for much less than that, and many of these deals were worthy of thorough investigations and audits.

Goldman reneged on its offer to provide me with confirmation of the fact that it hadn't bought credit default protection [for a potential default by AIG] on more than a small fraction of the full notional amount of the CDOs it hedged with AIG. Contrary to its assertions to Congress, Goldman Sachs was significantly exposed to AIG's potential failure. It had both economic and reputation risk.

"Collateral" held by Goldman in September 2008 would likely have been clawed back by a sensible liquidator, after the nature of the CDOs was known. Even if Goldman got to keep the collateral, an AIG failure posed significant economic risk, since its hedges [credit default swaps on AIG] were relatively small, and the prices of the CDOs were plummeting. Goldman also had litigation risk on the CDOs it underwrote (Davis Square and more) and sold to foreign banks that bought protection from AIG. Taxpayer money later made that problem disappear when the Fed settled for 100 cents on the dollar. This information had been suppressed and kept from public view. [See: "I Retract My Apology and Call for More Regulation of Goldman Sachs," TSF, November 22, 2009, and "Congress Exposes Potential Profiteering in AIG Deals: Delay Enabled Further Cover-Up," Huffington Post, January 28, 2010.]

Goldman's other big role in the CDO business that few of its competitors appreciated at the time was as an originator of CDOs that other banks invested in and that ended up being insured by AIG, a role recently highlighted by Chicago credit consultant Janet Tavakoli. Ms. Tavakoli reviewed an internal AIG document written in late 2007 listing the CDOs that AIG had insured, a document obtained earlier this year by CBS News. [CBS did not have the data to make the connection between the CDOs and Goldman's large role as underwriter of CDOs backing its own trades and the trades of other banks.]


"Goldman Fueled AIG's Gambles," by Serena Ng and Carrick Mollenkamp, Wall Street Journal, December 12, 2009.

Goldman was unsuccessful in misleading me, but what chance would non financial professionals have against Goldman's hokum? Goldman misled many members of the press, Congress, and even "investigators" (unless investigators were going along for the ride) for a very long time.
Why did Goldman Sachs try to pass itself off as merely an "intermediary?" In my opinion, it was trying to make its role sound innocuous when it was not. In its role as a structurer and underwriter of CDOs, Goldman was responsible for a high standard of thorough due diligence.

Investigating a Criminal Cover-Up

On November 17, 2009 (a week after my report), SIGTARP released its report. Despite discussing AIG and its problematic protection on CDOs, the report did not mention Goldman's key role as underwriter (creator) of many of the CDOs, including CDOs for which foreign banks were paid billions in the AIG settlement. It appears that either the well-staffed TARP investigators knew less than I did, or they didn't understand the implication of information they had (if they had it), or there was a cover-up. In other words, the SIGTARP report contained information that was less damaging to Goldman's fairy tales than what I had already put in the public domain on November 10, 2009.

That begs the question. When Goldman called me (before my November 10 report), did Goldman already know that the SIGTARP report would not contradict its story? In other words, did it know the SIGTARP report would fail to reveal its role as creator (underwriter) of many of the value destroying CDOs? Was SIGTARP part of a cover-up?

Documents filed with the SEC had been redacted so that the names of the CDOs backing credit default swaps, the size of individual deals, the fallen prices of the CDOs, and the names of the banks tied to each deal were not revealed. Was the SEC also part of a cover-up? [See "Treasury Cover-Up of Goldman's Role in AIG Crisis?" Huffington Post, December 22, 2009.]

I sent my concerns to staffers on the Senate Banking Committee, the Financial Crisis Inquiry Commission, and other Congressional offices that had previously contacted me for information.

SIGTARP is now partly blaming Fed secrecy, yet why has SIGTARP been so slow to connect the dots? SIGTARP is now investigating a potential criminal cover-up. ["AIG Probe May Lead to Criminal Coverup Charges, Barofsky Says," by Richard Teitlebaum, Bloomberg News, April 28, 2010.]

Perhaps it's also time to investigate SIGTARP's process, since it reeks like three day old fish.

Dodd-Frank Reform Failure: "Customer Transactions" Were Behind the Meltdown

Goldman was responsible for huge systemic risk, even though it characterized its AIG trades as "customer transactions." It's one thing to provide emergency relief for "troubled assets," and its quite another for Congress to delay so long in asking how these assets came to be so troubled in the first place. Congress has neither uncovered the truth nor mitigated the risk of even greater future devastation. The Dodd-Frank Bill does not provide necessary financial reform, because Wall Street lobbyists successfully tailored the language to suit bankers.

Senator Carl Levin (D. Mich.), Chairman of a senate investigative panel, issued a memo stating that Goldman "magnified the impact of toxic mortgages." In other words, it kept repackaging, reselling or protecting (buying credit default protection on) losers. It took the wrong kind of nerve for Goldman's CEO to say he was doing "God's work,"* when the reality includes this brand of malicious mischief.

In one case, a $38 million subprime-mortgage bond created in June 2006 ended up in more than 30 debt pools and ultimately caused roughly $280 million in losses to investors by the time the bond's principal was wiped out in 2008, according to data reviewed by The Wall Street Journal.


"Senate's Goldman Probe Shows Toxic Magnification," by Carrick Mollenkamp and Serena Ng, Wall Street Journal, May 2, 2010.

All of the large Wall Street banks generate huge risk in foreign exchange, commodities trading, interest rate derivatives, credit derivatives and more. The Dodd-Frank Bill's so-called financial reform leaves the entire financial system at great risk from "customer transactions."

In Third World America, Arianna Huffington explains how Wall Street bought off Congress. America's middle class is caught in the middle of a bi-partisan betrayal. Righting these wrongs will not be easy. Among other things, it may require an amendment to our Constitution to prevent money cartels from buying off our elected officials.


On April 20, 2009, Brian Lamb, CEO of CSpan, interviewed me about Wall Street's Ponzi scheme, control in Washington, and influence over main stream media:


* Endnote: Goldman CEO Lloyd Blankfein's quip that he is doing "God's work," is put in its proper perspective by this apt quote at Jesse's Cafe Americain :

"There will be hard times in the last days. People will love only themselves and money. They will brag and be proud, tearing others down. They will be without love, gratitude, respect, or forgiveness. They will tell lies and be out of control. They will despise what is good and betray friends. They will believe they are better than others, and will love only what pleases them. They will say they are serving God, but their actions will show they are not." 2 Timothy 3:1-5
 
 
 
 
 
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11:38 PM on 10/01/2010
The banksters have already thought of a possible revolution.

Solution: Brainwash the masses using pharmaceuticals. Tell "them" they are sick and only our "medicine" will make them well.

Manufacture drugs and prescribe them until the cows come home which will serve a dual purpose, numb the masses into submission and profit from the windfall. Now the cherry on top, high prices so they believe that pharmaceuticals are the ONLY way to go because of the price. This will have a definite effect on the materialists who spend into oblivion.
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The Derivative Project
03:10 PM on 09/15/2010
Janet, thank you for this well -researched article. If the FCIC is not reading this and listening to you, it truly appears there is not much hope. I look forward to reading Arianna's book, so critical, as is the reporting on her blog. Is there a way you could summarize this fraud to engage the Tea Partyers and the Republicans, as the moral corruption of our society and the true foundation of our democracy is their interest.

The left and the right truly need a leader that can summarize this fraud and criminal activity in a manner that the average citizen, Republican or Democrat, can understand. The issue is no longer the right and the left, the budgets and trade deficits, it is the failure of all three branches of our government to allow this ongoing criminal activity and destruction of our democratic system.

Thank you for your great work.

http://blog.thederivativeproject.com/
10:56 PM on 09/14/2010
Marijam, the IMF warned the US gov't today about the possibility of widespread social unrest as a result of high unemployment which may go on for years. The only answer to your question may in fact be revolution - and I'm not talking about the "velvet" kind. When people begin to realize the extent to which the Banksters and their dupes in Congress have screwed them, they may actually gear up for real change. The tipping point for me will be whether Obama has the stones to appoint Elizabeth Warren as head of the Consumer Credit Agency or will he be rolled by that great American sellout, Senator Chris Dodd from Connecticut - Dodd has no shame - he just wants to line his pockets with Bankster money direct from the US treasury.
10:46 PM on 09/14/2010
its really good to know that Goldman's CEO is doing "God's work" and that at every critical point in the bailout that Paulson was talking with GOD ( read his book if you don't believe me). Just remember Paulson got his start in the Nixon Whitehouse - not exactly a bastion of truthfulness as I recall.
05:06 PM on 09/14/2010
Thanks for all your tireless efforts to get the Wall Street thieves to pay for their many crimes. I was outraged by Blankfein's comment of "doing God's work." But when I thought more about that maniacal, narcissistic quote, I think he could have meant he was "doing gods work"; Eris the goddess of strife, and discord; goddess of war, Enyo; Hybris, or hubris, was certainly practiced by the banksters including Blankfein. And finally, Hermes is the god of gain and riches, especially of sudden and unexpected riches, such as are acquired by commerce. So Blankfein was being truthful when he said he was dojg gods work. http://www.layofflist.org/2010/01/20/blankfein-doing-gods-work-or-doing-gods-work/
04:20 PM on 09/14/2010
Dear Janet, thanks a lot for your relentless pursuit of the truth and especially moral courage to stand up to the wall street tyranny on behalf of American people. It may not be easy, it may take time, but their days are numbered, as more and more people understand the high crimes perpetrated against them, in the name of "doing God's work" by the international bankery and their political cronies.

Keep pounding and people will wake up and rise up to join the cause till we have our country back.

ps. please write another book or two, better yet have this story made into a movie, documentary...
03:19 PM on 09/14/2010
We the people have a very powerful weapon we can use against the oligarchy: widespread labor strikes and protests that block roads. If we can organize these events, the oligarchy's power will vanish.
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Anthony C Wilson
10:30 AM on 09/14/2010
Just the fact that Goldman was able to change their "status" from an investment bank to a traditional money-lending bank to receive TARP money tells us all we need to know about the agenda of the monied class.
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suzc
Speak the Truth, even if your voice shakes
12:23 PM on 09/14/2010
and unfortunately all of Congress and at least some of the WH (like the economic part)
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Scoppertop
Sunny Side
09:13 AM on 09/14/2010
The Wall Street cartel IS the drug cartel, not more dangerous than the drug cartel. The drug money has to laundered somewhere.
06:02 AM on 09/14/2010
Few days ago I've read that piece by Micheal Dorfman that was dedicated to the probable athwart of Goldman Sascs and stuff (http://eastwest-review.com/article/would-you-come-athwart-goldman).BP and all these Big Oil companies stick to pretty much the same logic
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marijam
Independent
04:29 AM on 09/14/2010
I am well read. I know what happened, I know what they did and how they did it. What I want to read now, are ideas on how to change things.
05:07 AM on 09/14/2010
That is the trouble. Because the Democratic Party has betrayed the American people by crumbling to Wall Street pressure, there is nothing we can do. When the Republicans get control of the House this November and start cutting deals with President Obama things will probably get worse, not better. I am beginning to believe that the complete destruction of the Democratic Party, in its current corrupt form, will be required before we can form a new, real party of the people on its ashes.
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markie G
...all 6's, 7's + 9's
06:30 AM on 09/14/2010
amen, johnson---because we dont have a true "Democratic party" anymore--only "corrupt corporate party R" and "corrupt corporate party D"---and the tea-party nutbags are just the uninformed rabble riff-raff subset of party R
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07:06 AM on 09/14/2010
I don't think that we should use "Republican Party" or "Democratic Party," either one, at all.

If you are a public official and someone wants to give you $1 million today, and another $1 million tomorrow, and so on (which they =do=) ... are you seriously going to say, "no, I'm sorry. I can't take the money, because I am a FILL_IN_POLITICAL_PARTY_NAME!"

:-/

Chuckle. Yeah right. Snort. Guffaw. Giggle. HA HA HA HAHAHAHAHAHAHAHA!!

=There's= your problem. Bribery. A crime older than dirt.
06:02 AM on 09/14/2010
Yeah, well I am well read too, but I am monetarily impaired; I balance my checkbook
by closing out my account and opening another one. So I need Janet and people like her to
explain it all to me.... I just read this column and " get " about half of it. And I have a law
degree and took Federal Taxation of income form the best tax law school in the country. So
I am happy for you that you know all about this; don't YOU have any ideas on how to change
things?
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markie G
...all 6's, 7's + 9's
06:42 AM on 09/14/2010
here are a couple possible solutions--1) taxpayer funded national elections, with preset amounts of money for each candidate--make the amounts low enough, and it would also shorten the amount of campaign time, say 6 months, for presidential elections---we have to eliminate the money-raising job of federal office holders; this would help 2) nearly eliminate lobbyists, along with stonger laws ending the lobbyist-politician-lobbyist revolving door---3)---this is the hardest part--the supreme court decision granting "personhood" to corporations has to be overturned--i am not optimistic

after these 3 things, much of the rest would be a little bit easier; things such as rebuilding antitrust laws, reregulating the financial markets, etc

oh, and hal---nothing personal, but i doubt that i'll ever be contacting you for tax or investing advice, OK?---but we're cool, right?
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04:01 AM on 09/14/2010
“"The powers of financial capitalism had another far reaching aim, nothing less than to create a world system of financial control in private hands able to dominate the political system of each country and the economy of the world as a whole. This system was to be controlled in a feudalist fashion by the central banks of the world acting in concert, by secret agreements, arrived at in frequent private meetings and conferences. The apex of the system was the Bank for International Settlements in Basle, Switzerland, a private bank owned and controlled by the worlds' central banks which were themselves private corporations. The growth of financial capitalism made possible a centralization of world economic control and use of this power for the direct benefit of financiers and the indirect injury of all other economic groups."

Professor Carroll Quigley of Georgetown University, highly esteemed by his former student, William Jefferson Blythe Clinton.”
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muck-raker
give me liberty or give me death
08:56 AM on 09/14/2010
Elite, agreed, you go to the head of the class, F&F....in addition: I can remember a short time ago....Anybody but Bush. Americans turned out in large numbers to vote out the Neocons. After only two years with the GOP stopping any progress with the Yes we can crowd. Thats me by the way. We now have a Govt that is for the most part paid for by the Lobbyists. " The Best Govt. the Corporations can Buy"....Big Corporporations do not pay taxes (only 32% do) It is time for them to anti up..We need to reinstall the Tariffs on Imports...We need to modify NAFTA and WTO...We are dying on the vine, so to speak because of things done in the past...THE TIME IS NOW!
03:39 AM on 09/14/2010
I like to read an article here, written by a knowledgeable person, say for example Janet Tavakoli, in simple language telling us humble folks, some acts, in the context of the current article, that amount to fraud under existing laws, committed by named persons in the Government AND and Financial Institution, and why the Government Justice Dept has not prosecuted them.
02:21 AM on 09/14/2010
The whole thing clearly shows whom our finger must point to in case a guilty verdict for this awful crisis must be pronounced. Can't we, the people, have the necessary clout to counter all these manipulations? It seems we can't, the wealthocracy will always be above everything, apparently.
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01:56 AM on 09/14/2010
Thank you, thank you. Who can now deny the need for limited government? Without their government protected monopoly the crooks at Goldman Sachs and JPMorgan would never be able to pull this off. They get free money from the Fed meanwhile ordinary folks are struggling and I am sick of it. President Obama needs to go before the public and demand that the Fed immediately raise interest rates and cut off the free money for these banks. Stop subsidizing bankrupt institutions and allow the American people to rebuild. Let Fannie and Freddie fail. Let Citigroup fail. Let Goldman Sachs fail. Let AIG fail. Let GM fail. Let the UAW fail. Let the SEIU fail. Let California and Illinois fail. Let the FDIC fail. Let the Federal Government fail. We would be stronger for it. I say no one is too big to fail. I say let's purge the rottenness and get back to booming
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marijam
Independent
04:30 AM on 09/14/2010
Like any of that is ever going to happen.