From tech stocks to high gas prices, Goldman Sachs has engineered every major market manipulation since the Great Depression -- and they're about to do it again
by Matt Taibbi
The first thing you need to know about Goldman Sachs is that it's
everywhere. The world's most powerful investment bank is a great vampire squid
wrapped around the face of humanity, relentlessly jamming its blood funnel into
anything that smells like money. In fact, the history of the recent financial
crisis, which doubles as a history of the rapid decline and fall of the
suddenly swindled dry American empire, reads like a Who's Who of Goldman Sachs
graduates.
By now, most of us know the major players. As George Bush's last Treasury
secretary, former Goldman CEO Henry Paulson was the architect of the bailout, a
suspiciously self-serving plan to funnel trillions of Your Dollars to a handful
of his old friends on Wall Street. Robert Rubin, Bill Clinton's former Treasury
secretary, spent 26 years at Goldman before becoming chairman of Citigroup —
which in turn got a $300 billion taxpayer bailout from Paulson. There's John
Thain, the asshole chief of Merrill Lynch who bought an $87,000 area rug for
his office as his company was imploding; a former Goldman banker, Thain enjoyed
a multi-billion-dollar handout from Paulson, who used billions in taxpayer
funds to help Bank of America rescue Thain's sorry company. And Robert Steel,
the former Goldmanite head of Wachovia, scored himself and his fellow
executives $225 million in golden-parachute payments as his bank was
self-destructing. There's Joshua Bolten, Bush's chief of staff during the
bailout, and Mark Patterson, the current Treasury chief of staff, who was a
Goldman lobbyist just a year ago, and Ed Liddy, the former Goldman director
whom Paulson put in charge of bailed-out insurance giant AIG, which forked over
$13 billion to Goldman after Liddy came on board. The heads of the Canadian and
Italian national banks are Goldman alums, as is the head of the World Bank, the
head of the New York Stock Exchange, the last two heads of the Federal Reserve
Bank of New York — which, incidentally, is now in charge of overseeing Goldman
— not to mention …
But then, any attempt to construct a narrative around all the former
Goldmanites in influential positions quickly becomes an absurd and pointless
exercise, like trying to make a list of everything. What you need to know is
the big picture: If America is circling the drain, Goldman Sachs has found a
way to be that drain — an extremely unfortunate loophole in the system of
Western democratic capitalism, which never foresaw that in a society governed
passively by free markets and free elections, organized greed always defeats
disorganized democracy.
The bank's unprecedented reach and power have enabled it to turn all of
America into a giant pump-and-dump scam, manipulating whole economic sectors
for years at a time, moving the dice game as this or that market collapses, and
all the time gorging itself on the unseen costs that are breaking families
everywhere — high gas prices, rising consumer credit rates, half-eaten pension
funds, mass layoffs, future taxes to pay off bailouts. All that money that you're
losing, it's going somewhere, and in both a literal and a figurative sense,
Goldman Sachs is where it's going: The bank is a huge, highly sophisticated
engine for converting the useful, deployed wealth of society into the least
useful, most wasteful and insoluble substance on Earth — pure profit for rich
individuals.
The Feds vs. Goldman
They achieve this using the same playbook over and over again. The formula
is relatively simple: Goldman positions itself in the middle of a speculative
bubble, selling investments they know are crap. Then they hoover up vast sums
from the middle and lower floors of society with the aid of a crippled and
corrupt state that allows it to rewrite the rules in exchange for the relative
pennies the bank throws at political patronage. Finally, when it all goes bust,
leaving millions of ordinary citizens broke and starving, they begin the entire
process over again, riding in to rescue us all by lending us back our own money
at interest, selling themselves as men above greed, just a bunch of really
smart guys keeping the wheels greased. They've been pulling this same stunt
over and over since the 1920s — and now they're preparing to do it again, creating
what may be the biggest and most audacious bubble yet.
If you want to understand how we got into this financial crisis, you have
to first understand where all the money went — and in order to understand that,
you need to understand what Goldman has already gotten away with. It is a
history exactly five bubbles long — including last year's strange and seemingly
inexplicable spike in the price of oil. There were a lot of losers in each of
those bubbles, and in the bailout that followed. But Goldman wasn't one of
them.
BUBBLE #1 The Great
Depression
Goldman wasn't always a too-big-to-fail Wall Street behemoth, the ruthless
face of kill-or-be-killed capitalism on steroids —just almost always. The bank
was actually founded in 1869 by a German immigrant named Marcus Goldman, who
built it up with his son-in-law Samuel Sachs. They were pioneers in the use of
commercial paper, which is just a fancy way of saying they made money lending
out short-term IOUs to smalltime vendors in downtown Manhattan.
You can probably guess the basic plotline of Goldman's first 100 years in
business: plucky, immigrant-led investment bank beats the odds, pulls itself up
by its bootstraps, makes shitloads of money. In that ancient history there's
really only one episode that bears scrutiny now, in light of more recent
events: Goldman’s disastrous foray into the speculative mania of pre-crash Wall
Street in the late 1920s.
Wall Street's Big Win
This great Hindenburg of financial history has a few features that might
sound familiar. Back then, the main financial tool used to bilk investors was
called an "investment trust." Similar to modern mutual funds, the
trusts took the cash of investors large and small and (theoretically, at least)
invested it in a smorgasbord of Wall Street securities, though the securities
and amounts were often kept hidden from the public. So a regular guy could
invest $10 or $100 in a trust and feel like he was a big player. Much as in the
1990s, when new vehicles like day trading and e-trading attracted reams of new
suckers from the sticks who wanted to feel like big shots, investment trusts
roped a new generation of regular-guy investors into the speculation game.
Beginning a pattern that would repeat itself over and over again, Goldman
got into the investmenttrust game late, then jumped in with both feet and went
hogwild. The first effort was the Goldman Sachs Trading Corporation; the bank
issued a million shares at $100 apiece, bought all those shares with its own
money and then sold 90 percent of them to the hungry public at $104. The
trading corporation then relentlessly bought shares in itself, bidding the
price up further and further. Eventually it dumped part of its holdings and
sponsored a new trust, the Shenandoah Corporation, issuing millions more in
shares in that fund — which in turn sponsored yet another trust called the Blue
Ridge Corporation. In this way, each investment trust served as a front for an endless
investment pyramid: Goldman hiding behind Goldman hiding behind Goldman. Of the
7,250,000 initial shares of Blue Ridge, 6,250,000 were actually owned by
Shenandoah — which, of course, was in large part owned by Goldman Trading.
The end result (ask yourself if this sounds familiar) was a daisy chain of
borrowed money, one exquisitely vulnerable to a decline in performance anywhere
along the line. The basic idea isn't hard to follow. You take a dollar and
borrow nine against it; then you take that $10 fund and borrow $90; then you
take your $100 fund and, so long as the public is still lending, borrow and
invest $900. If the last fund in the line starts to lose value, you no longer
have the money to pay back your investors, and everyone gets massacred.
In a chapter from The Great Crash, 1929 titled "In Goldman
Sachs We Trust," the famed economist John Kenneth Galbraith held up the
Blue Ridge and Shenandoah trusts as classic examples of the insanity of
leveragebased investment. The trusts, he wrote, were a major cause of the
market's historic crash; in today's dollars, the losses the bank suffered
totaled $475 billion. "It is difficult not to marvel at the imagination
which was implicit in this gargantuan insanity," Galbraith observed,
sounding like Keith Olbermann in an ascot. "If there must be madness,
something may be said for having it on a heroic scale."
BUBBLE #2 Tech Stocks
Fast-forward about 65 years. Goldman not only survived the crash that wiped
out so many of the investors it duped, it went on to become the chief
underwriter to the country's wealthiest and most powerful corporations. Thanks
to Sidney Weinberg, who rose from the rank of janitor's assistant to head the
firm, Goldman became the pioneer of the initial public offering, one of the
principal and most lucrative means by which companies raise money. During the
1970s and 1980s, Goldman may not have been the planet-eating Death Star of
political influence it is today, but it was a top-drawer firm that had a
reputation for attracting the very smartest talent on the Street.
It also, oddly enough, had a reputation for relatively solid ethics and a
patient approach to investment that shunned the fast buck; its executives were
trained to adopt the firm's mantra, "long-term greedy." One former
Goldman banker who left the firm in the early Nineties recalls seeing his
superiors give up a very profitable deal on the grounds that it was a long-term
loser. "We gave back money to 'grownup' corporate clients who had made bad
deals with us," he says. "Everything we did was legal and fair — but
'long-term greedy' said we didn't want to make such a profit at the clients'
collective expense that we spoiled the marketplace."
But then, something happened. It's hard to say what it was exactly; it
might have been the fact that Goldman's cochairman in the early Nineties,
Robert Rubin, followed Bill Clinton to the White House, where he directed the
National Economic Council and eventually became Treasury secretary. While the
American media fell in love with the story line of a pair of baby-boomer,
Sixties-child, Fleetwood Mac yuppies nesting in the White House, it also nursed
an undisguised crush on Rubin, who was hyped as without a doubt the smartest
person ever to walk the face of the Earth, with Newton, Einstein, Mozart and
Kant running far behind.
Rubin was the prototypical Goldman banker. He was probably born in a $4,000
suit, he had a face that seemed permanently frozen just short of an apology for
being so much smarter than you, and he exuded a Spock-like, emotion-neutral
exterior; the only human feeling you could imagine him experiencing was a
nightmare about being forced to fly coach. It became almost a national clichè
that whatever Rubin thought was best for the economy — a phenomenon that
reached its apex in 1999, when Rubin appeared on the cover of Time with
his Treasury deputy, Larry Summers, and Fed chief Alan Greenspan under the
headline The Committee To Save The World. And "what Rubin
thought," mostly, was that the American economy, and in particular the
financial markets, were over-regulated and needed to be set free. During his
tenure at Treasury, the Clinton White House made a series of moves that would
have drastic consequences for the global economy — beginning with Rubin's
complete and total failure to regulate his
old firm during its first mad dash for obscene short-term profits.
old firm during its first mad dash for obscene short-term profits.
The basic scam in the Internet Age is pretty easy even for the financially
illiterate to grasp. Companies that weren't much more than potfueled ideas
scrawled on napkins by uptoolate bongsmokers were taken public via IPOs, hyped
in the media and sold to the public for mega-millions. It was as if banks like
Goldman were wrapping ribbons around watermelons, tossing them out 50-story
windows and opening the phones for bids. In this game you were a winner only if
you took your money out before the melon hit the pavement.
It sounds obvious now, but what the average investor didn't know at the
time was that the banks had changed the rules of the game, making the deals
look better than they actually were. They did this by setting up what was, in
reality, a two-tiered investment system — one for the insiders who knew the
real numbers, and another for the lay investor who was invited to chase soaring
prices the banks themselves knew were irrational. While Goldman's later pattern
would be to capitalize on changes in the regulatory environment, its key
innovation in the Internet years was to abandon its own industry's standards of
quality control.
"Since the Depression, there were strict underwriting guidelines that
Wall Street adhered to when taking a company public," says one prominent
hedge-fund manager. "The company had to be in business for a minimum of
five years, and it had to show profitability for three consecutive years. But
Wall Street took these guidelines and threw them in the trash." Goldman
completed the snow job by pumping up the sham stocks: "Their analysts were
out there saying Bullshit.com is worth $100 a share."
The problem was, nobody told investors that the rules had changed.
"Everyone on the inside knew," the manager says. "Bob Rubin sure
as hell knew what the underwriting standards were. They'd been intact since the
1930s."
Jay Ritter, a professor of finance at the University of Florida who
specializes in IPOs, says banks like Goldman knew full well that many of the
public offerings they were touting would never make a dime. "In the early
Eighties, the major underwriters insisted on three years of profitability. Then
it was one year, then it was a quarter. By the time of the Internet bubble,
they were not even requiring profitability in the foreseeable future."
Goldman has denied that it changed its underwriting standards during the
Internet years, but its own statistics belie the claim. Just as it did with the
investment trust in the 1920s, Goldman started slow and finished crazy in the
Internet years. After it took a little-known company with weak financials
called Yahoo! public in 1996, once the tech boom had already begun, Goldman
quickly became the IPO king of the Internet era. Of the 24 companies it took
public in 1997, a third were losing money at the time of the IPO. In 1999, at
the height of the boom, it took 47 companies public, including stillborns like
Webvan and eToys, investment offerings that were in many ways the modern
equivalents of Blue Ridge and Shenandoah. The following year, it underwrote 18
companies in the first four months, 14 of which were money losers at the time.
As a leading underwriter of Internet stocks during the boom, Goldman provided
profits far more volatile than those of its competitors: In 1999, the average
Goldman IPO leapt 281 percent above its offering price, compared to the Wall
Street average of 181 percent.
How did Goldman achieve such extraordinary results? One answer is that they
used a practice called "laddering," which is just a fancy way of
saying they manipulated the share price of new offerings. Here's how it works:
Say you're Goldman Sachs, and Bullshit.com comes to you and asks you to take
their company public. You agree on the usual terms: You'll price the stock,
determine how many shares should be released and take the Bullshit.com CEO on a
"road show" to schmooze investors, all in exchange for a substantial
fee (typically six to seven percent of the amount raised). You then promise
your best clients the right to buy big chunks of the IPO at the low offering
price — let's say Bullshit.com's starting share price is $15 — in exchange for
a promise that they will buy more shares later on the open market. That
seemingly simple demand gives you inside knowledge of the IPO's future,
knowledge that wasn't disclosed to the day trader schmucks who only had the
prospectus to go by: You know that certain of your clients who bought X amount
of shares at $15 are also going to buy Y more shares at $20 or $25, virtually
guaranteeing that the price is going to go to $25 and beyond. In this way,
Goldman could artificially jack up the new company's price, which of course was
to the bank's benefit — a six percent fee of a $500 million IPO is serious
money.
Goldman was repeatedly sued by shareholders for engaging in laddering in a
variety of Internet IPOs, including Webvan and NetZero. The deceptive practices
also caught the attention of Nicholas Maier, the syndicate manager of Cramer
& Co., the hedge fund run at the time by the now-famous chattering
television asshole Jim Cramer, himself a Goldman alum. Maier told the SEC that
while working for Cramer between 1996 and 1998, he was repeatedly forced to
engage in laddering practices during IPO deals with Goldman.
"Goldman, from what I witnessed, they were the worst
perpetrator," Maier said. "They totally fueled the bubble. And it's
specifically that kind of behavior that has caused the market crash. They built
these stocks upon an illegal foundation — manipulated up — and ultimately, it
really was the small person who ended up buying in." In 2005, Goldman
agreed to pay $40 million for its laddering violations — a puny penalty
relative to the enormous profits it made. (Goldman, which has denied wrongdoing
in all of the cases it has settled, refused to respond to questions for this
story.)
Another practice Goldman engaged in during the Internet boom was
"spinning," better known as bribery. Here the investment bank would
offer the executives of the newly public company shares at extra-low prices, in
exchange for future underwriting business. Banks that engaged in spinning would
then undervalue the initial offering price — ensuring that those
"hot" opening-price shares it had handed out to insiders would be
more likely to rise quickly, supplying bigger first-day rewards for the chosen
few. So instead of Bullshit.com opening at $20, the bank would approach the
Bullshit.com CEO and offer him a million shares of his own company at $18 in
exchange for future business — effectively robbing all of Bullshit's new
shareholders by diverting cash that should have gone to the company's bottom
line into the private bank account of the company's CEO.
In one case, Goldman allegedly gave a multimillion-dollar special offering
to eBay CEO Meg Whitman, who later joined Goldman's board, in exchange for
future i-banking business. According to a report by the House Financial
Services Committee in 2002, Goldman gave special stock offerings to executives
in 21 companies that it took public, including Yahoo! cofounder Jerry Yang and
two of the great slithering villains of the financial-scandal age — Tyco's
Dennis Kozlowski and Enron's Ken Lay. Goldman angrily denounced the report as
"an egregious distortion of the facts" — shortly before paying $110
million to settle an investigation into spinning and other manipulations
launched by New York state regulators. "The spinning of hot IPO shares was
not a harmless corporate perk," then-attorney general Eliot Spitzer said
at the time. "Instead, it was an integral part of a fraudulent scheme to
win new investment-banking business."
Such practices conspired to turn the Internet bubble into one of the
greatest financial disasters in world history: Some $5 trillion of wealth was
wiped out on the NASDAQ alone. But the real problem wasn't the money that was
lost by shareholders, it was the money gained by investment bankers, who
received hefty bonuses for tampering with the market. Instead of teaching Wall
Street a lesson that bubbles always deflate, the Internet years demonstrated to
bankers that in the age of freely flowing capital and publicly owned financial
companies, bubbles are incredibly easy to inflate, and individual
bonuses are actually bigger when the mania and the irrationality are greater.
Nowhere was this truer than at Goldman. Between 1999 and 2002, the firm
paid out $28.5 billion in compensation and benefits — an average of roughly
$350,000 a year per employee. Those numbers are important because the key
legacy of the Internet boom is that the economy is now driven in large part by
the pursuit of the enormous salaries and bonuses that such bubbles make
possible. Goldman's mantra of "long-term greedy" vanished into thin
air as the game became about getting your check before the melon hit the
pavement.
The market was no longer a rationally managed place to grow real,
profitable businesses: It was a huge ocean of Someone Else's Money where
bankers hauled in vast sums through whatever means necessary and tried to
convert that money into bonuses and payouts as quickly as possible. If you
laddered and spun 50 Internet IPOs that went bust within a year, so what? By
the time the Securities and Exchange Commission got around to fining your firm
$110 million, the yacht you bought with your IPO bonuses was already six years
old. Besides, you were probably out of Goldman by then, running the U.S.
Treasury or maybe the state of New Jersey. (One of the truly comic moments in
the history of America's recent financial collapse came when Gov. Jon Corzine
of New Jersey, who ran Goldman from 1994 to 1999 and left with $320 million in
IPO-fattened stock, insisted in 2002 that "I've never even heard the term
'laddering' before.")
For a bank that paid out $7 billion a year in salaries, $110 million fines
issued half a decade late were something far less than a deterrent —they were a
joke. Once the Internet bubble burst, Goldman had no incentive to reassess its
new, profit-driven strategy; it just searched around for another bubble to
inflate. As it turns out, it had one ready, thanks in large part to Rubin.
BUBBLE #3 The
Housing Craze
Goldman's role in the sweeping global disaster that was the housing bubble
is not hard to trace. Here again, the basic trick was a decline in underwriting
standards, although in this case the standards weren't in IPOs but in
mortgages. By now almost everyone knows that for decades mortgage dealers
insisted that home buyers be able to produce a down payment of 10 percent or
more, show a steady income and good credit rating, and possess a real first and
last name. Then, at the dawn of the new millennium, they suddenly threw all
that shit out the window and started writing mortgages on the backs of napkins
to cocktail waitresses and ex-cons carrying five bucks and a Snickers bar.
None of that would have been possible without investment bankers like
Goldman, who created vehicles to package those shitty mortgages and sell them
en masse to unsuspecting insurance companies and pension funds. This created a
mass market for toxic debt that would never have existed before; in the old
days, no bank would have wanted to keep some addict ex-con's mortgage on its
books, knowing how likely it was to fail. You can't write these mortgages, in
other words, unless you can sell them to someone who doesn't know what they
are.
Goldman used two methods to hide the mess they were selling. First, they
bundled hundreds of different mortgages into instruments called Collateralized
Debt Obligations. Then they sold investors on the idea that, because a bunch of
those mortgages would turn out to be OK, there was no reason to worry so much about
the shitty ones: The CDO, as a whole, was sound. Thus, junk-rated mortgages
were turned into AAA-rated investments. Second, to hedge its own bets, Goldman
got companies like AIG to provide insurance — known as credit default swaps —
on the CDOs. The swaps were essentially a racetrack bet between AIG and
Goldman: Goldman is betting the ex-cons will default, AIG is betting they
won't.
There was only one problem with the deals: All of the wheeling and dealing
represented exactly the kind of dangerous speculation that federal regulators
are supposed to rein in. Derivatives like CDOs and credit swaps had already
caused a series of serious financial calamities: Procter & Gamble and
Gibson Greetings both lost fortunes, and Orange County, California, was forced to
default in 1994. A report that year by the Government Accountability Office
recommended that such financial instruments be tightly regulated — and in 1998,
the head of the Commodity Futures Trading Commission, a woman named Brooksley
Born, agreed. That May, she circulated a letter to business leaders and the
Clinton administration suggesting that banks be required to provide greater
disclosure in derivatives trades, and maintain reserves to cushion against
losses.
More regulation wasn’t exactly what Goldman had in mind. “The banks go
crazy — they want it stopped,” says Michael Greenberger, who worked for Born as
director of trading and markets at the CFTC and is now a law professor at the
University of Maryland. “Greenspan, Summers, Rubin and [SEC chief Arthur]
Levitt want it stopped.”
Clinton's reigning economic foursome — “especially Rubin,” according to
Greenberger — called Born in for a meeting and pleaded their case. She refused
to back down, however, and continued to push for more regulation of the derivatives.
Then, in June 1998, Rubin went public to denounce her move, eventually
recommending that Congress strip the CFTC of its regulatory authority. In 2000,
on its last day in session, Congress passed the now-notorious Commodity Futures
Modernization Act, which had been inserted into an 11,000-page spending bill at
the last minute, with almost no debate on the floor of the Senate. Banks were
now free to trade default swaps with impunity.
But the story didn't end there. AIG, a major purveyor of default swaps,
approached the New York State Insurance Department in 2000 and asked whether
default swaps would be regulated as insurance. At the time, the office was run
by one Neil Levin, a former Goldman vice president, who decided against
regulating the swaps. Now freed to underwrite as many housing-based securities
and buy as much credit-default protection as it wanted, Goldman went berserk
with lending lust. By the peak of the housing boom in 2006, Goldman was
underwriting $76.5 billion worth of mortgage-backed securities — a third of
which were sub-prime — much of it to institutional investors like pensions and
insurance companies. And in these massive issues of real estate were vast
swamps of crap.
Take one $494 million issue that year, GSAMP Trust 2006S3. Many of the
mortgages belonged to second-mortgage borrowers, and the average equity they
had in their homes was0.71 percent. Moreover, 58 percent of the loans
included little or no documentation — no names of the borrowers, no addresses
of the homes, just zip codes. Yet both of the major ratings agencies, Moody's
and Standard & Poor's, rated 93 percent of the issue as investment grade.
Moody's projected that less than 10 percent of the loans would default. In
reality, 18 percent of the mortgages were in default within 18 months.
Not that Goldman was personally at any risk. The bank might be taking all
these hideous, completely irresponsible mortgages from beneath-gangster-status
firms like Countrywide and selling them off to municipalities and pensioners —
old people, for God's sake — pretending the whole time that it wasn't grade D
horseshit. But even as it was doing so, it was taking short positions in the
same market, in essence betting against the same crap it was selling. Even
worse, Goldman bragged about it in public. "The mortgage sector continues
to be challenged," David Viniar, the bank's chief financial officer,
boasted in 2007. "As a result, we took significant markdowns on our long
inventory positions … However, our risk bias in that market was to be short, and
that net short position was profitable." In other words, the mortgages
it was selling were for chumps. The real money was in betting against those
same mortgages.
"That's how audacious these assholes are," says one hedge fund
manager. "At least with other banks, you could say that they were just
dumb — they believed what they were selling, and it blew them up. Goldman knew
what it was doing."
I ask the manager how it could be that selling something to customers that
you're actually betting against — particularly when you know more about the
weaknesses of those products than the customer — doesn't amount to securities
fraud.
"It's exactly securities fraud," he says. "It's the heart of
securities fraud."
Eventually, lots of aggrieved investors agreed. In a virtual repeat of the
Internet IPO craze, Goldman was hit with a wave of lawsuits after the collapse
of the housing bubble, many of which accused the bank of withholding pertinent
information about the quality of the mortgages it issued. New York state
regulators are suing Goldman and 25 other underwriters for selling bundles of
crappy Countrywide mortgages to city and state pension funds, which lost as
much as $100 million in the investments. Massachusetts also investigated
Goldman for similar misdeeds, acting on behalf of 714 mortgage holders who got
stuck holding predatory loans. But once again, Goldman got off virtually
scot-free, staving off prosecution by agreeing to pay a paltry $60 million —
about what the bank's CDO division made in a day and a half during the real
estate boom.
The effects of the housing bubble are well known — it led more or less
directly to the collapse of Bear Stearns, Lehman Brothers and AIG, whose toxic
portfolio of credit swaps was in significant part composed of the insurance
that banks like Goldman bought against their own housing portfolios. In fact,
at least $13 billion of the taxpayer money given to AIG in the bailout
ultimately went to Goldman, meaning that the bank made out on the housing
bubble twice: It fucked the investors who bought their horseshit CDOs by
betting against its own crappy product, then it turned around and fucked the
taxpayer by making him pay off those same bets.
And once again, while the world was crashing down all around the bank,
Goldman made sure it was doing just fine in the compensation department. In
2006, the firm's payroll jumped to $16.5 billion — an average of $622,000 per
employee. As a Goldman spokesman explained, "We work very hard here."
But the best was yet to come. While the collapse of the housing bubble sent
most of the financial world fleeing for the exits, or to jail, Goldman boldly
doubled down — and almost single-handedly created yet another bubble, one the
world still barely knows the firm had anything to do with.
BUBBLE #4 $4 a
Gallon
By the beginning of 2008, the financial world was in turmoil. Wall Street
had spent the past two and a half decades producing one scandal after another,
which didn't leave much to sell that wasn't tainted. The terms junk
bond, IPO, sub-prime mortgage and other once-hot financial fare were
now firmly associated in the public's mind with scams; the terms credit swaps
and CDOs were about to join them. The credit markets were in crisis,
and the mantra that had sustained the fantasy economy throughout the Bush years
— the notion that housing prices never go down — was now a fully exploded myth,
leaving the Street clamoring for a new bullshit paradigm to sling.
Where to go? With the public reluctant to put money in anything that felt
like a paper investment, the Street quietly moved the casino to the
physical-commodities market — stuff you could touch: corn, coffee, cocoa, wheat
and, above all, energy commodities, especially oil. In conjunction with a
decline in the dollar, the credit crunch and the housing crash caused a
"flight to commodities." Oil futures in particular skyrocketed, as
the price of a single barrel went from around $60 in the middle of 2007 to a
high of $147 in the summer of 2008.
That summer, as the presidential campaign heated up, the accepted
explanation for why gasoline had hit $4.11 a gallon was that there was a
problem with the world oil supply. In a classic example of how Republicans and
Democrats respond to crises by engaging in fierce exchanges of moronic
irrelevancies, John McCain insisted that ending the moratorium on offshore
drilling would be "very helpful in the short term," while Barack
Obama in typical liberal-arts yuppie style argued that federal investment in
hybrid cars was the way out.
But it was all a lie. While the global supply of oil will eventually dry
up, the short-term flow has actually been increasing. In the six months before
prices spiked, according to the U.S. Energy Information Administration, the
world oil supply rose from 85.24 million barrels a day to 85.72 million. Over
the same period, world oil demand dropped from 86.82 million barrels a day to
86.07 million. Not only was the short-term supply of oil rising, the demand for
it was falling — which, in classic economic terms, should have brought prices
at the pump down.
So what caused the huge spike in oil prices? Take a wild guess. Obviously
Goldman had help — there were other players in the physical commodities market
— but the root cause had almost everything to do with the behavior of a few
powerful actors determined to turn the once-solid market into a speculative
casino. Goldman did it by persuading pension funds and other large
institutional investors to invest in oil futures — agreeing to buy oil at a
certain price on a fixed date. The push transformed oil from a physical
commodity, rigidly subject to supply and demand, into something to bet on, like
a stock. Between 2003 and 2008, the amount of speculative money in commodities
grew from $13 billion to $317 billion, an increase of 2,300 percent. By 2008, a
barrel of oil was traded 27 times, on average, before it was actually delivered
and consumed.
As is so often the case, there had been a Depression-era law in place
designed specifically to prevent this sort of thing. The commodities market was
designed in large part to help farmers: A grower concerned about future price
drops could enter into a contract to sell his corn at a certain price for
delivery later on, which made him worry less about building up stores of his
crop. When no one was buying corn, the farmer could sell to a middleman known
as a "traditional speculator," who would store the grain and sell it
later, when demand returned. That way, someone was always there to buy from the
farmer, even when the market temporarily had no need for his crops.
In 1936, however, Congress recognized that there should never be more
speculators in the market than real producers and consumers. If that happened,
prices would be affected by something other than supply and demand, and price
manipulations would ensue. A new law empowered the Commodity Futures Trading
Commission — the very same body that would later try and fail to regulate
credit swaps — to place limits on speculative trades in commodities. As a
result of the CFTC's oversight, peace and harmony reigned in the commodities
markets for more than 50 years.
All that changed in 1991 when, unbeknownst to almost everyone in the world,
a Goldman-owned commodities-trading subsidiary called J. Aron wrote to the CFTC
and made an unusual argument. Farmers with big stores of corn, Goldman argued,
weren't the only ones who needed to hedge their risk against future price drops
— Wall Street dealers who made big bets on oil prices also needed to hedge
their risk, because, well, they stood to lose a lot too.
This was complete and utter crap — the 1936 law, remember, was specifically
designed to maintain distinctions between people who were buying and selling
real tangible stuff and people who were trading in paper alone. But the CFTC,
amazingly, bought Goldman's argument. It issued the bank a free pass, called
the "Bona Fide Hedging" exemption, allowing Goldman's subsidiary to
call itself a physical hedger and escape virtually all limits placed on
speculators. In the years that followed, the commission would quietly issue 14
similar exemptions to other companies.
Now Goldman and other banks were free to drive more investors into the
commodities markets, enabling speculators to place increasingly big bets. That
1991 letter from Goldman more or less directly led to the oil bubble in 2008,
when the number of speculators in the market — driven there by fear of the
falling dollar and the housing crash — finally overwhelmed the real physical
suppliers and consumers. By 2008, at least three quarters of the activity on
the commodity exchanges was speculative, according to a congressional staffer
who studied the numbers — and that's likely a conservative estimate. By the
middle of last summer, despite rising supply and a drop in demand, we were
paying $4 a gallon every time we pulled up to the pump.
What is even more amazing is that the letter to Goldman, along with most of
the other trading exemptions, was handed out more or less in secret. "I
was the head of the division of trading and markets, and Brooksley Born was the
chair of the CFTC," says Greenberger, "and neither of us knew this
letter was out there." In fact, the letters only came to light by
accident. Last year, a staffer for the House Energy and Commerce Committee just
happened to be at a briefing when officials from the CFTC made an offhand
reference to the exemptions.
"I had been invited to a briefing the commission was holding on
energy," the staffer recounts. "And suddenly in the middle of it,
they start saying, 'Yeah, we've been issuing these letters for years now.' I
raised my hand and said, 'Really? You issued a letter? Can I see it?' And they
were like, 'Duh, duh.' So we went back and forth, and finally they said, 'We
have to clear it with Goldman Sachs.' I'm like, 'What do you mean, you have to
clear it with Goldman Sachs?'"
The CFTC cited a rule that prohibited it from releasing any information
about a company's current position in the market. But the staffer's request was
about a letter that had been issued 17 years earlier. It no longer had anything
to do with Goldman's current position. What's more, Section 7 of the 1936
commodities law gives Congress the right to any information it wants from the
commission. Still, in a classic example of how complete Goldman's capture of
government is, the CFTC waited until it got clearance from the bank before it
turned the letter over.
Armed with the semi-secret government exemption, Goldman had become the
chief designer of a giant commodities betting parlor. Its Goldman Sachs
Commodities Index — which tracks the prices of 24 major commodities but is
overwhelmingly weighted toward oil — became the place where pension funds and
insurance companies and other institutional investors could make massive
long-term bets on commodity prices. Which was all well and good, except for a
couple of things. One was that index speculators are mostly "long
only" bettors, who seldom if ever take short positions — meaning they only
bet on prices to rise. While this kind of behavior is good for a stock market,
it's terrible for commodities, because it continually forces prices upward. "If
index speculators took short positions as well as long ones, you'd see them
pushing prices both up and down," says Michael Masters, a hedge fund
manager who has helped expose the role of investment banks in the manipulation
of oil prices. "But they only push prices in one direction: up."
Complicating matters even further was the fact that Goldman itself was
cheerleading with all its might for an increase in oil prices. In the beginning
of 2008, Arjun Murti, a Goldman analyst, hailed as an "oracle of oil"
by The New York Times, predicted a "super spike" in oil
prices, forecasting a rise to $200 a barrel. At the time Goldman was heavily
invested in oil through its commodities trading subsidiary, J. Aron; it also
owned a stake in a major oil refinery in Kansas, where it warehoused the crude
it bought and sold. Even though the supply of oil was keeping pace with demand,
Murti continually warned of disruptions to the world oil supply, going so far
as to broadcast the fact that he owned two hybrid cars. High prices, the bank insisted,
were somehow the fault of the piggish American consumer; in 2005, Goldman
analysts insisted that we wouldn't know when oil prices would fall until we
knew "when American consumers will stop buying gas-guzzling sport utility
vehicles and instead seek fuel-efficient alternatives."
But it wasn't the consumption of real oil that was driving up prices — it
was the trade in paper oil. By the summer of 2008, in fact, commodities
speculators had bought and stockpiled enough oil futures to fill 1.1 billion barrels
of crude, which meant that speculators owned more future oil on paper than
there was real, physical oil stored in all of the country's commercial storage
tanks and the Strategic Petroleum Reserve combined. It was a repeat of both the
Internet craze and the housing bubble, when Wall Street jacked up present-day
profits by selling suckers shares of a fictional fantasy future of endlessly
rising prices.
In what was by now a painfully familiar pattern, the oil-commodities melon
hit the pavement hard in the summer of 2008, causing a massive loss of wealth;
crude prices plunged from $147 to $33. Once again the big losers were ordinary
people. The pensioners whose funds invested in this crap got massacred:
CalPERS, the California Public Employees' Retirement System, had $1.1 billion
in commodities when the crash came. And the damage didn't just come from oil.
Soaring food prices driven by the commodities bubble led to catastrophes across
the planet, forcing an estimated 100 million people into hunger and sparking
food riots throughout the Third World.
Now oil prices are rising again: They shot up 20 percent in the month of
May and have nearly doubled so far this year. Once again, the problem is not
supply or demand. "The highest supply of oil in the last 20 years is
now," says Rep. Bart Stupak, a Democrat from Michigan who serves on the
House energy committee. "Demand is at a 10-year low. And yet prices are
up."
Asked why politicians continue to harp on things like drilling or hybrid
cars, when supply and demand have nothing to do with the high prices, Stupak
shakes his head. "I think they just don't understand the problem very
well," he says. "You can't explain it in 30 seconds, so politicians
ignore it."
BUBBLE #5 Rigging
the Bailout
After the oil bubble collapsed last fall, there was no new bubble to keep
things humming — this time, the money seems to be really gone, like
worldwide-depression gone. So the financial safari has moved elsewhere, and the
big game in the hunt has become the only remaining pool of dumb, unguarded
capital left to feed upon: taxpayer money. Here, in the biggest bailout in
history, is where Goldman Sachs really started to flex its muscle.
It began in September of last year, when then-Treasury secretary Paulson
made a momentous series of decisions. Although he had already engineered a
rescue of Bear Stearns a few months before and helped bail out quasi-private
lenders Fannie Mae and Freddie Mac, Paulson elected to let Lehman Brothers —
one of Goldman's last real competitors — collapse without intervention.
("Goldman's superhero status was left intact," says market analyst
Eric Salzman, "and an investment banking competitor, Lehman, goes
away.") The very next day, Paulson green-lighted a massive, $85 billion
bailout of AIG, which promptly turned around and repaid $13 billion it owed to
Goldman. Thanks to the rescue effort, the bank ended up getting paid in full
for its bad bets: By contrast, retired auto workers awaiting the Chrysler
bailout will be lucky to receive 50 cents for every dollar they are owed.
Immediately after the AIG bailout, Paulson announced his federal bailout
for the financial industry, a $700 billion plan called the Troubled Asset
Relief Program, and put a heretofore unknown 35-year-old Goldman banker named
Neel Kashkari in charge of administering the funds. In order to qualify for
bailout monies, Goldman announced that it would convert from an investment bank
to a bank holding company, a move that allows it access not only to $10 billion
in TARP funds, but to a whole galaxy of less conspicuous, publicly backed
funding — most notably, lending from the discount window of the Federal
Reserve. By the end of March, the Fed will have lent or guaranteed at least
$8.7 trillion under a series of new bailout programs — and thanks to an obscure
law allowing the Fed to block most congressional audits, both the amounts and
the recipients of the monies remain almost entirely secret.
Converting to a bank-holding company has other benefits as well: Goldman's
primary supervisor is now the New York Fed, whose chairman at the time of its
announcement was Stephen Friedman, a former co-chairman of Goldman Sachs.
Friedman was technically in violation of Federal Reserve policy by remaining on
the board of Goldman even as he was supposedly regulating the bank; in order to
rectify the problem, he applied for, and got, a conflict of interest waiver
from the government. Friedman was also supposed to divest himself of his
Goldman stock after Goldman became a bank holding company, but thanks to the
waiver, he was allowed to go out and buy 52,000 additional shares
in his old bank, leaving him $3 million richer. Friedman stepped down in May,
but the man now in charge of supervising Goldman — New York Fed president
William Dudley — is yet another former Goldmanite.
The collective message of all this — the AIG bailout, the swift approval
for its bank holding conversion, the TARP funds — is that when it comes to
Goldman Sachs, there isn't a free market at all. The government might let other
players on the market die, but it simply will not allow Goldman to fail under
any circumstances. Its edge in the market has suddenly become an open
declaration of supreme privilege. "In the past it was an implicit
advantage," says Simon Johnson, an economics professor at MIT and former
official at the International Monetary Fund, who compares the bailout to the
crony capitalism he has seen in Third World countries. "Now it's more of
an explicit advantage."
Once the bailouts were in place, Goldman went right back to business as usual,
dreaming up impossibly convoluted schemes to pick the American carcass clean of
its loose capital. One of its first moves in the post-bailout era was to
quietly push forward the calendar it uses to report its earnings, essentially
wiping December 2008 — with its $1.3 billion in pretax losses — off the books.
At the same time, the bank announced a highly suspicious $1.8 billion profit
for the first quarter of 2009 — which apparently included a large chunk of
money funneled to it by taxpayers via the AIG bailout. "They cooked those
first quarter results six ways from Sunday," says one hedge fund manager.
"They hid the losses in the orphan month and called the bailout money
profit."
Two more numbers stand out from that stunning first-quarter turnaround. The
bank paid out an astonishing $4.7 billion in bonuses and compensation in the
first three months of this year, an 18 percent increase over the first quarter
of 2008. It also raised $5 billion by issuing new shares almost immediately
after releasing its first quarter results. Taken together, the numbers show
that Goldman essentially borrowed a $5 billion salary payout for its executives
in the middle of the global economic crisis it helped cause, using half-baked
accounting to reel in investors, just months after receiving billions in a
taxpayer bailout.
Even more amazing, Goldman did it all right before the government announced
the results of its new "stress test" for banks seeking to repay TARP
money — suggesting that Goldman knew exactly what was coming. The government
was trying to carefully orchestrate the repayments in an effort to prevent
further trouble at banks that couldn't pay back the money right away. But
Goldman blew off those concerns, brazenly flaunting its insider status.
"They seemed to know everything that they needed to do before the stress
test came out, unlike everyone else, who had to wait until after," says
Michael Hecht, a managing director of JMP Securities. "The government came
out and said, 'To pay back TARP, you have to issue debt of at least five years
that is not insured by FDIC — which Goldman Sachs had already done, a week or
two before."
And here's the real punch line. After playing an intimate role in four
historic bubble catastrophes, after helping $5 trillion in wealth disappear
from the NASDAQ, after pawning off thousands of toxic mortgages on pensioners
and cities, after helping to drive the price of gas up to $4 a gallon and to
push 100 million people around the world into hunger, after securing tens of
billions of taxpayer dollars through a series of bailouts overseen by its
former CEO, what did Goldman Sachs give back to the people of the United States
in 2008?
Fourteen million dollars.
That is what the firm paid in taxes in 2008, an effective tax rate of
exactly one, read it, one percent. The bank paid out $10 billion in
compensation and benefits that same year and made a profit of more than $2
billion — yet it paid the Treasury less than a third of what it forked over to
CEO Lloyd Blankfein, who made $42.9 million last year.
How is this possible? According to Goldman's annual report, the low taxes
are due in large part to changes in the bank's "geographic earnings
mix." In other words, the bank moved its money around so that most of its
earnings took place in foreign countries with low tax rates. Thanks to our
completely fucked corporate tax system, companies like Goldman can ship their
revenues offshore and defer taxes on those revenues indefinitely, even while
they claim deductions upfront on that same untaxed income. This is why any
corporation with an at least occasionally sober accountant can usually find a
way to zero out its taxes. A GAO report, in fact, found that between 1998 and
2005, roughly two-thirds of all corporations operating in the U.S. paid no
taxes at all.
This should be a pitchfork-level outrage — but somehow, when Goldman
released its post-bailout tax profile, hardly anyone said a word. One of the
few to remark on the obscenity was Rep. Lloyd Doggett, a Democrat from Texas
who serves on the House Ways and Means Committee. "With the right hand out
begging for bailout money," he said, "the left is hiding it
offshore."
BUBBLE #6 Global
Warming
Fast-forward to today. It's early June in Washington, D.C. Barack Obama, a
popular young politician whose leading private campaign donor was an investment
bank called Goldman Sachs — its employees paid some $981,000 to his campaign —
sits in the White House. Having seamlessly navigated the political minefield of
the bailout era, Goldman is once again back to its old business, scouting out
loopholes in a new government-created market with the aid of a new set of
alumni occupying key government jobs.
Gone are Hank Paulson and Neel Kashkari; in their place are Treasury chief
of staff Mark Patterson and CFTC chief Gary Gensler, both former Goldmanites.
(Gensler was the firm's co-head of finance.) And instead of credit derivatives
or oil futures or mortgage-backed CDOs, the new game in town, the next bubble,
is in carbon credits — a booming trillion dollar market that barely even exists
yet, but will if the Democratic Party that it gave $4,452,585 to in the last
election manages to push into existence a groundbreaking new commodities
bubble, disguised as an "environmental plan," called cap-and-trade.
The new carbon credit market is a virtual repeat of the commodities-market
casino that's been kind to Goldman, except it has one delicious new wrinkle: If
the plan goes forward as expected, the rise in prices will be
government-mandated. Goldman won't even have to rig the game. It will be rigged
in advance.
Here's how it works: If the bill passes, there will be limits for coal
plants, utilities, natural-gas distributors and numerous other industries on
the amount of carbon emissions (a.k.a. greenhouse gases) they can produce per
year. If the companies go over their allotment, they will be able to buy
"allocations" or credits from other companies that have managed to
produce fewer emissions. President Obama conservatively estimates that about
$646 billion worth of carbon credits will be auctioned in the first seven
years; one of his top economic aides speculates that the real number might be
twice or even three times that amount.
The feature of this plan that has special appeal to speculators is that the
"cap" on carbon will be continually lowered by the government, which
means that carbon credits will become more and more scarce with each passing
year. Which means that this is a brand new commodities market where the main
commodity to be traded is guaranteed to rise in price over time. The volume of
this new market will be upwards of a trillion dollars annually; for
comparison's sake, the annual combined revenues of all electricity suppliers in
the U.S. total $320 billion.
Goldman wants this bill. The plan is (1) to get in on the ground floor of
paradigm-shifting legislation, (2) make sure that they're the profit-making
slice of that paradigm and (3) make sure the slice is a big slice. Goldman
started pushing hard for cap-and-trade long ago, but things really ramped up
last year when the firm spent $3.5 million to lobby climate issues. (One of
their lobbyists at the time was none other than Patterson, now Treasury chief
of staff.) Back in 2005, when Hank Paulson was chief of Goldman, he personally
helped author the bank's environmental policy, a document that contains some
surprising elements for a firm that in all other areas has been consistently
opposed to any sort of government regulation. Paulson's report argued that
"voluntary action alone cannot solve the climate change problem." A
few years later, the bank's carbon chief, Ken Newcombe, insisted that
cap-and-trade alone won't be enough to fix the climate problem and called for
further public investments in research and development. Which is convenient,
considering that Goldman made early investments in wind power (it bought a
subsidiary called Horizon Wind Energy), renewable diesel (it is an investor in
a firm called Changing World Technologies) and solar power (it partnered with
BP Solar), exactly the kind of deals that will prosper if the government forces
energy producers to use cleaner energy. As Paulson said at the time,
"We're not making those investments to lose money."
The bank owns a 10 percent stake in the Chicago Climate Exchange, where the
carbon credits will be traded. Moreover, Goldman owns a minority stake in Blue
Source LLC, a Utah-based firm that sells carbon credits of the type that will
be in great demand if the bill passes. Nobel Prize winner Al Gore, who is
intimately involved with the planning of cap-and-trade, started up a company
called Generation Investment Management with three former bigwigs from Goldman
Sachs Asset Management, David Blood, Mark Ferguson and Peter Harris. Their
business? Investing in carbon offsets. There's also a $500 million Green Growth
Fund set up by a Goldmanite to invest in green-tech … the list goes on and on.
Goldman is ahead of the headlines again, just waiting for someone to make it
rain in the right spot. Will this market be bigger than the energy futures market?
"Oh, it'll dwarf it," says a former staffer on the House energy
committee.
Well, you might say, who cares? If cap-and-trade succeeds, won't we all be
saved from the catastrophe of global warming? Maybe — but cap-and-trade, as
envisioned by Goldman, is really just a carbon tax structured so that private
interests collect the revenues. Instead of simply imposing a fixed government
levy on carbon pollution and forcing unclean energy producers to pay for the
mess they make, cap-and-trade will allow a small tribe of greedy-as-hell Wall
Street swine to turn yet another commodities market into a private tax
collection scheme. This is worse than the bailout: It allows the bank to seize
taxpayer money before it's even collected.
"If it's going to be a tax, I would prefer that Washington set the tax
and collect it," says Michael Masters, the hedge fund director who spoke
out against oil futures speculation. "But we're saying that Wall Street
can set the tax, and Wall Street can collect the tax. That's the last thing in
the world I want. It's just asinine."
Cap-and-trade is going to happen. Or, if it doesn't, something like it
will. The moral is the same as for all the other bubbles that Goldman helped
create, from 1929 to 2009. In almost every case, the very same bank that
behaved recklessly for years, weighing down the system with toxic loans and
predatory debt, and accomplishing nothing but massive bonuses for a few bosses,
has been rewarded with mountains of virtually free money and government
guarantees — while the actual victims in this mess, ordinary taxpayers, are the
ones paying for it.
It's not always easy to accept the reality of what we now routinely allow
these people to get away with; there's a kind of collective denial that kicks
in when a country goes through what America has gone through lately, when a
people lose as much prestige and status as we have in the past few years. You
can't really register the fact that you're no longer a citizen of a thriving
first-world democracy, that you're no longer above getting robbed in broad
daylight, because like an amputee, you can still sort of feel things that are
no longer there.
But this is it. This is the world we live in now. And in this world, some
of us have to play by the rules, while others get a note from the principal
excusing them from homework till the end of time, plus 10 billion free dollars
in a paper bag to buy lunch. It's a gangster state, running on gangster
economics, and even prices can't be trusted anymore; there are hidden taxes in
every buck you pay. And maybe we can't stop it, but we should at least know
where it's all going.
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