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Peter J. Solomon

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Conflicts: No Ambiguity

Posted: 04/ 2/2012 11:40 am

The most surprising facts about Greg Smith's denunciation of Goldman Sachs' ethos and its disdain of its clients is that he had the audacity to write what is common knowledge, and the New York Times printed it. Media, academic and elected officials have jumped on the article to reinforce their previously held views on everything from the state of capitalism to the collapse of morality.

The article shows nothing more than the failure of Goldman's Board and management. And that eventually bad business practices will tarnish a great reputation.

In full disclosure, for 50 years I have competed against Goldman Sachs. During these decades, Goldman and most of its peers transitioned from private partnerships to limited liability public companies with access to virtually unlimited capital. Capital was the catalyst for ventures more lucrative than advising clients, such as proprietary investing in private equity, real estate, commodities and securities.

Finance may be complex, but life is simple. If you are a principal dealing with another principal on the other side of a trade and you are involved in any way with a counter party, you have a conflict. At the least, you are obligated to disclose fully your conflict. The preferred position is to avoid the conflict or even the appearance.

Lloyd Blankfein defined Goldman's position clearly. In his most recent edition of The Partnership: The Making of Goldman Sachs, Charles Ellis lets Lloyd Blankfein define Goldman's view of conflicts.

The crucial differentiating advantage of Goldman Sachs would be one that outsiders might find surprising: Its complex variety of many businesses was sure to have lots of conflicts. Goldman Sachs, Blankfein said, should embrace the challenge of those conflicts. Like market risk, the risk of conflicts would keep most competitors away -- but by engaging actively with clients, Goldman Sachs would understand these conflicts better and could manage them better. Blankfein (who spends a significant part of his time managing real or perceived conflicts) said, "If major clients -- governments, institutional investors, corporations, and wealthy families -- believe they can trust our judgment, we can invite them to partner with us and share in their success."

Blankfein's concept of the relationship between an advisor and its clients is dangerous and alien to the tenets of trust and fiduciary obligations. It is difficult to envision a situation where competing with your client is good for the client. It has never occurred in my experience.

Imagine a lawyer managing conflicts with clients or a doctor managing a conflict with a patient. The Courts and government regulators have continually found such conduct wanting. As recently as February in the Kinder Morgan merger with El Paso Corp., Delaware Chancery Court chastised Goldman for a series of undisclosed conflicts.

Irony is a word without definition -- unlike conflict. But like pornography, in the words of Justice Potter Stewart, "I know it when I see it."

How ironic it is that Goldman, the firm that advises governments, boards of directors, senior managements and the world's wealthiest cannot advise itself on appropriate behavior. Where is the Board oversight?

How ironic that Goldman's corporate clients operating their own Boards under scrutiny of Institutional Shareholder Services and Sarbanes-Oxley legislation would tolerate a conflicted relationship with its advisor that it would not tolerate for a moment within its own organization.

How is it that the nation's pre-eminent business schools provide their finest graduates who may intellectually understand the term fiduciary responsibility but seem incapable to apply it in practice?

It is ironic that mainstream media -- so critical of every aspect of corporate behavior -- ignored the Goldman situation until it was poked in its averted eye, first by Rolling Stone and now by Greg Smith.

Finally, how ironic is it that I, a competitor, should feel that the health and reputation of the financial system requires Goldman to confront these practices and re-set its culture.

The financial system is fragile. It is just beginning to rebuild its capital base at a huge cost to the nation. As a result of the financial crisis, we now have an oligopolistic financial system with "banks too big to fail." Goldman Sachs is in that select group. Ironically, Goldman and other such banks are semi-government entities -- some form of "ward" of the State. Politically, however, from Occupy Wall Street to Main Street, banks are the object of derision. The banking community needs distinguished leaders and practices beyond reproach because, like a sprawling utility, Wall Street supplies the credit and liquidity propelling America's economic growth. Wall Street is a jobs issue and not only in the financial centers.

It is late in the process but it "ain't over!" Businesses succeed because they put the customer first. Gus Levy -- the famed Goldman partner -- admonished his partners 60 years ago to be "long-term" greedy. I never liked the term but understood the concept. Simply stated... we will get rich by being sure we hold back a bit and be sure to serve our clients first. There is no irony in that.

References:

  • Charles D. Ellis, The Partnership: The Making of Goldman Sachs (London: The Penguin Press, Edition 2009) 669-670

  • Jacobellis v. Ohio 378 U.S. 184 (1964)

____________________________
Peter J. Solomon is Founder and Chairman of Peter J. Solomon Company, L.P., an investment banking firm. He was Counselor to the Secretary of the Treasury under President Jimmy Carter, Deputy Mayor for Economic Policy and Development under Mayor Edward I. Koch and Vice Chairman of Lehman Brothers in the 1980s.

 
 
 
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AlexNYC
Pumps dont work cause the vandals took the handles
02:19 PM on 04/04/2012
A crook, is a crook, is a crook...
02:37 PM on 04/03/2012
There is no qualitative difference between a Mafia crime family and Goldman Sachs.
10:59 PM on 04/02/2012
Always a pleasure to hear or read Peter Solomon, especially when I agree with him so strongly.
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JBS
Part time misanthrope & full time curmudgeon
10:19 PM on 04/02/2012
It's still true that one bad apple can spoil the barrel. Everyone on Wall Street is tarred by the dishonesty.
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julieJgoldengay
Buffalo Woman of the L-Train
09:42 PM on 04/02/2012
It's Vulgar...
To talk about Money.
Five years, and no pay Raise.
If, that's not Vulgar.
What Is?
Genders
Love, Tolerance, Enlightenment
08:54 PM on 04/02/2012
It's so much worse than you present. The banksters robbed us, and now own us.

Finance grew from 5% of the economy in 1980 to 144% in the crash, and we made up the 44% with a 26T$ FED free .004 % slush fund so they can continue to manipulate the markets like gas and oil.

http://en.wikipedia.org/wiki/Financialization#Financial_turnover_compared_to_gross_domestic_product

Watch "the Money Masters" 
http://www.themoneymasters.com/
http://webskeptic.wikidot.com/money-masters-transcripts-part-24 
Bankster now literally own us. 
http://en.wikipedia.org/wiki/File:Estimated_ownership_of_treasury_securities_by_year.gif 

Phase out fractional reserve while issuing greenbacks. That creates a debt free monetary system

“The Government should create, issue, and circulate all the currency and credits needed to satisfy the spending power of the Government and the buying power of consumers. By the adoption of these principles, the taxpayers will be saved immense sums of interest. Money will cease to be master and become the servant of humanity.” Abraham Lincoln

Kucinich http://www.monetary.org/wp-content/uploads/2011/10/HR-2990.pdf Greenbacks

Wake up. Vote for the Locke liberals kucinich, Grayson Warren CPC-progressive types in the primaries and the dems in the general.
08:05 PM on 04/02/2012
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HamletsMill
All Myth is Astronomy
07:50 PM on 04/02/2012
"The most surprising facts about Greg Smith's denunciation of Goldman Sachs' ethos and its disdain of its clients is that he had the audacity to write what is common knowledge, and the New York Times printed it. "

What is shocking is that Greg Smith is a Stanford graduate who from his essay has apparently never read John Kenneth Galbraith's "The Great Crash of 1929". Everybody with any kind of reputable economics or business degree has had to read this book at gun point at some point along the way since 1955. The activities of Goldman Sachs in 1928 are legendary in their venality in the catastrophe of October 1929.

http://seekingalpha.com/article/130981-we-ve-been-here-before-goldman-sachs-1929-2009

http://www.amazon.com/Great-Crash-1929-Kenneth-Galbraith/dp/0547248164/ref=pd_sim_b_1

And, then, in more recent times in the same high moral tradition of the people that work there:

THE TWO BEARS EXPLAIN MF GLOBAL
http://www.youtube.com/watch?v=RX5p9xvVcjU

JON CORZINE TO BECOME NEW SHIP CAPTAIN FOR CARNIVAL CRUISE LINES
http://www.youtube.com/watch?v=7UgwsQDOovI
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HUFFPOST SUPER USER
gmcinahuff
PREVENTION IS KEY.
08:10 PM on 04/02/2012
Good work, now go find your cell phone and call home. Tilly is not a happy cat.
This user has chosen to opt out of the Badges program
07:38 PM on 04/02/2012
Theentire financial industry and related industries seem to have a "secret" definition of fiduciary responsibility.
07:17 PM on 04/02/2012
Where is my other post? The one that explains the Godzilla comparison? I posted it before the "Who doesn't love Godzilla in the end?" remark. C'mon! By the way, I'm not comparing Godzilla to Lloyd Blankfein who is a human being but readers wouldn't know that based on your comments approval process.
05:42 PM on 04/02/2012
By the way, who doesn't love Godzilla in the end. C'mon! He's Godzilla!
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AlexNYC
Pumps dont work cause the vandals took the handles
02:23 PM on 04/04/2012
Giant Vampire Squid is another good description.
05:33 PM on 04/02/2012
Isn't this what arbitration is all about. These Goldman clients have resources and recourse if they believe they have entered into an arbitration in which they believe they were not fairly or irresponsibly represented. The only caveat is pension plan administrators. They have the true fiduciary responsibility and in this case it is often a Samson vs Goliath scenario. This has been disastrous for the average citizen in lost pension benefit and increased taxes.

I don't understand why individuals keep thinking the public campaign against Goldman which I believe is a media baby is about the "little guy" vs "the big evil guy". It's more like Mothra vs Godzilla.

And, no one wants to say it much or often but I believe it has anti-semitic undertones. Each person has to search their own heart on this one. I am not jewish but I interact with people on an alarmingly regular basis who think jews rule the world and are responsible for all evil.

You know, a lot of bad stuff was done to the average citizen way before jewish people came into positions of power. Most people do not think about history but it was the WASP that was in the majority of the positions of power and influence up until about 50 years ago. Don't make me feel old. It's not that long ago. Ask a kid today and he doesn't even know what a WASP is. LMAO.
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HUFFPOST SUPER USER
Carl Caroli
I just don't understand people
04:46 PM on 04/02/2012
It's good to be king. You think you make the rules, like Mr. Blankfein. Arrogance is breeds arrogance. This is where the rule of law is supposed to come in.
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teardownthiswallst
Only Truth will set us Free
02:18 PM on 04/02/2012
What’s ‘most surprising’ is that an insider would defect from Wall St, expound ‘common knowledge,’ and a major Newspaper would allow it to go to press. The tattered tripartite hat of collusion between Washington, Wall St, and major media is crumbling. Soon no one will have anyone’s back, and fingers will point in all directions. Their manufactured myths will shatter.

Rampant corruption, collusion, unfettered greed, immorality, and unaccountability, have all become essential pieces of this ‘common knowledge’ and major media outlets feel disinclined to report on any of this. Our government doesn’t notice these problems. Perhaps when they look in the mirror they see the same things. If this denotes the operational system of the greatest democracy ever created, then we’ve set a remarkably low standard.

What sane person would contemplate allowing an organization like this to “re-set its culture,” and carry on? Whatever happened to the phrase, “Throw the bums out?” Why can’t we get rid of the most vile creatures in our financial sector and government? The only “re-set” we can expect is a golden parachute followed by business as usual.

Mr Solomon says that, “Ironically, Goldman and other such banks are semi-government entities -- some form of ‘ward’ of the State.” They should likely be ‘wards’ of the state alright; behind bars.

Peter claims, “...Wall Street supplies the credit and liquidity propelling America’s economic growth.” Isn’t it ironic that what they are supposedly responsible for doing isn’t happening?
09:11 PM on 04/02/2012
" Soon no one will have anyone’s back, and fingers will point in all directions. Their manufactured myths will shatter." - I Hope you are right. That will be a good time to start arresting some of these crooks!!
12:06 AM on 04/03/2012
I think that is exactly what is happening as we see that persons in high positions in these companies are not only stepping down in retirement, But they are placing their personal lives and money in so-called places of protection, away from most of the jurisdictional authorities that will eventually be trying to place the blame where it really lies. The bank accounts of these executives only tells me that they have always been interested in one thing. It is enriching themselves at the peril of all investors. I can't wait to see the feeding frenzy within their own ranks start as the economies of the world collapse. It will be easy to locate these individuals. They will be the ones that have all the amenities that most of the rest of the world lost due to their greed.
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HUFFPOST SUPER USER
OleProfessor
"Ours is not a system based upon trust"
01:53 PM on 04/02/2012
Goldman runs our government, it has corrupted it, they're like a bone cancer..and need to be cut out..!
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HamletsMill
All Myth is Astronomy
08:04 PM on 04/02/2012
Yep. Goldman Sachs runs the Panem State.

http://www.youtube.com/watch?v=qoUT7q2iTbQ