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Sunday, May 02, 2010
Political Attack
If this view is correct, Goldman Sachs is jousting with issues that are far larger than whether the company is guilty of imprudent
actions in the Abacus suit. It is dealing with the need of the United States government to harm the company in order to make it an
example of all of the evils in the financial system that caused the “Great Recession.”
Evidence of the fact that this is threat coming at Goldman Sachs is plentiful:
The SEC suit seems to be based on, what are at best, fanciful conclusions.
The Senate held hearings on the company were not designed to elicit information. They were held to allow the Senators to
make a blatant attack on the company. In many instances, the Senators refused to let the Goldman witnesses answer key
questions.
The Justice Department leaked the fact that it might be investigating Goldman Sachs when there was no rational reason,
other political frenzy, to make this information public.
A group of Congress people have now requested deeper investigations into Goldman.
Multiple lawsuits are being formulated.
Sources indicate that Goldman is attempting to settle these issues with the government but the government is unwilling to settle.
Some have said the government will not even hold meaningful talks with the company – although that may have changed by now.
Goldman’s Defense
I have felt from the start of the SEC case, actually well before the start of that case, that Goldman’s approach to the charges was
inept to the point of being counterproductive. The company’s devastating appearance at the Senate hearings is the best example of
what I mean. Goldman’s witnesses went in with one goal. That goal was to say as close to nothing as possible. While the Senators
had no desire to hear anything Goldman had to say; Goldman had no desire to say anything, either. Wall Street liked Goldman’s
performance pushing the stock higher for a few days. The Administration did not and came back with the Justice Department leak
smashing the stock.
The problem with Goldman’s defense, from two standpoints, is:
The company has been reacting to attacks and has not been proactive.
Its reactions are the classic ones, which is to avoid giving the other side any information that can be used against the
company.
The net result is that the stock is now down $41.21 per share from its high on the day the SEC suit was released. Goldman has
simply been outclassed at every step and there is no sign that the company knows how to deal with the current situation.
What Should the Company Have Done?
Goldman Sachs should have done the following to avoid its present dilemma:
At the outset of the financial crisis, the company should have attempted to redefine the debate as to what caused the crisis.
The fact is that this crisis was not caused by greedy bankers playing casino games with fraudulent products. It was caused
by production cost imbalances; a massive and continuing trade deficit; the buildup of massive cash hoards; the need to
invest that cash; and the lack of enough acceptable investment opportunities.
Goldman should have immediately attacked the concept that derivatives are bad (as well as any other false statements). In
fact, derivatives are good because they provide liquidity in multiple markets; they lower risk; and they allow the economy
to function more smoothly. Stated very simply, a loaf of bread costs less than it otherwise would have if there were no
derivatives. Warren Buffet owns derivatives because he does not believe that they are “instruments of mass destruction.”
There are supposedly $600 trillion in derivatives outstanding, not because this is a big casino game, but because derivatives
meet defined needs in the global financial system and economy.
At all levels the company should have argued forcefully that it was providing a service to the economy. It should have
provided facts and figures showing what it has done from aiding the United States in funding its deficit down to providing
numbers concerning how many people have jobs on “Main Street” due to Goldman’s fund raising activities.
In sum, it should have understood the size and enormity of the forces being brought against it. It did not. Thus, its
responses were weak and ineffectual. The classic in my mind is Lloyd Blankfein, CEO, indicating that it is beyond his field of
competence to understand that some investment portfolios cannot buy less than AAA securities. It was Goldman’s
intention to obfuscate and this obfuscation brought the wrath of the Administration against it.
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Sunday, May 02, 2010
What Now?
Goldman is going to have to pay a high price for its ineptitude in handling this issue. Its shareholders already have. The company is
likely to experience the following:
High level executives are going to have to be removed from their positions both in the management suite and from the
Board of Directors.
The legal team will have to be replaced with one having greater skills and Washington know how.
A fine will of at least $1 billion will be required.
A new mission statement will be developed and produced.
The company must start to redefine the financial crisis discussion; it must get proactive in its defense. It must do this to support its
defenders not to change the views of its detractors. Releasing a point by point defense of the SEC charges is useless and should be
done only in the courts.
The Stock
I refuse to sell the stock. The company is likely to be supported even more strongly by its clients. These clients are likely to be
incensed by the actions of the government and may now feel that Goldman is the rallying point to stop the government from
running roughshod over all of what is conventionally called “Wall Street.” Someone must start the fight in the other direction at
some point. Despite its political naiveté, it is still the best trading company in the world and the world needs to trade.
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Sunday, May 02, 2010
Management Trading
Institutional Sales
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Sunday, May 02, 2010
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RR RATINGS DISTRIBUTION
RATINGS FOR STOCKS
BUY 23
HOLD 48 Buy Company has demonstrated that it is a value creating concern; the
SELL 29 return on capital (as adjusted) exceeds its cost of capital. Stock is
currently trading in a range that does not exceed its intrinsic value. Stock
ANALYST CERTIFICATION is expected to out-perform the market over the next twelve months.
I do not hold any securities of the company covered by this report. Hold/Neutral Company either is not creating value (i.e., its costs exceeds
its return on capital) or it is trading at a price equal to or in excess of its
I certify that with respect to each security or issuer that I covered in this intrinsic value. Expectation is at best stock will perform in-line with market.
report; (1) all of the views expressed accurately reflect my personal views If not currently held, stock should be avoided.
about those securities or issuers; and (2) no part of my compensation was,
is, or will be, directly or indirectly, related to the specific recommendations Sell Company's cost of capital exceeds its return on capital; and the
or views expressed by me in this research report. company has no intrinsic value or is trading at a significant premium to its
intrinsic value. Expect stock to under-perform the market over next twelve
-- Richard X. Bove months.
HISTORICAL RATINGS
PRICE TARGET
$250.00
$200.00
$150.00
$100.00
$50.00
$0.00
03/24/2009
04/13/2009
04/13/2009
04/14/2009
06/02/2009
06/30/2009
07/07/2009
07/14/2009
07/28/2009
08/05/2009
08/19/2009
09/26/2009
10/15/2009
11/11/2009
12/15/2009
12/21/2009
01/26/2010
02/05/2010
02/10/2010
03/02/2010
03/04/2010
03/30/2010
04/07/2010
04/16/2010
04/20/2010
04/24/2010
05/02/2010
04/11/2009
05/11/2009
11/03/2009
11/16/2009
11/27/2009
DATE
RATING NeutralNeutralNeutralNeutral Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy Buy
© 2010 Rochdale Securities LLC. All rights reserved. PLEASE SEE IMPORTANT DISCLOSURE AND ANALYST CERTIFICATION LOCATED AT THE END OF THIS REPORT.