Daily Archives: April 30, 2010

John Gapper

What will Warren Buffett say about Goldman Sachs?

As news emerges that US prosecutors are considering launching a criminal investigation of Goldman, Lloyd Blankfein, its chairman and chief executive, needs to retain the support of the man who bolstered the bank during the financial crisis with a $5bn investment.

Thus, the timing of the annual meeting of Mr Buffett’s Berkshire Hathaway in Omaha this weekend could hardly be bettered. The Sage of Omaha has already promised to the Wall Street Journal that he will give “extensive and complete replies” to Goldman questions.

We all have a vote on the public judgment of Goldman’s conduct but Mr Buffett has preferential voting rights given not only his investment but his moral authority in business and finance.

The $5bn question is whether Mr Buffett sticks with his support of Mr Blankfein or Goldman, or whether he instead says the bank made ethical lapses. If he opts for the latter, then the position of Goldman’s senior management including Mr Blankfein will be severely weakened.

Mr Buffett’s sceptical views about investment banks are well-known and were heightened by his experience in the Salomon Brothers Treasury bond scandal of 1991. He was then forced to fly to New York and take charge of the bank from John Gutfreund, its chief executive.

Carol Loomis of Fortune, Mr Buffett’s longtime amanuensis, wrote an account of the saga here, and the video above shows Mr Buffett testifying to Congress about it. One quote from his testimony leaps out:

“The past actions of Salomon Brothers are presently causing our 8,000 employees and their families to bear a stain.”

Following last week’s testimony by Goldman executives including Mr Blankfein to a Senate subcommittee, Mr Buffett’s latest Wall Street investment is in danger of suffering the same problem.

By Brooke Masters, chief regulation correspondent

UPDATE: It turns out that the Deparment of Justice asked for the file. The SEC didn’t make the referral. The DoJ request came after 62 members of Congress wrote to Eric Holder, attorney-general asking the DoJ to investigate Goldman.

The reports in the Wall Street Journal and the Washington Post that criminal prosecutors are now looking at the mortgage deal at the heart of the US Securities and Exchange Commission case against Goldman Sachs raise a key question: Why now?

The SEC is said formally to have referred the case to the US Attorney for the Southern District of New York. Such a step would not be unusual, but the timing would be.

Ordinarily, the SEC sends its evidence to prosecutors before filing its civil charges, not afterwards. That way, if the Justice Department does want to bring a criminal case, the two actions can be filed simultaneously. There are lots of good procedural reasons for doing it this way, so the two cases do not interfere with one another.

So, why act now?

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This blog is mainly about business and strategy and how and why people who run companies take the decisions that they do.

Most of the time, John Gapper is in New York and Andrew Hill is in London. We occasionally debate business issues between us, but your comments and criticism are welcome.




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About John and Andrew

John Gapper is an associate editor and the chief business commentator of the FT. He has worked for the FT since 1987, covering labour relations, banking and the media. He is co-author, with Nicholas Denton, of All That Glitters, an account of the collapse of Barings in 1995.

Andrew Hill is an associate editor and the management editor of the FT. He is a former City editor, financial editor, comment and analysis editor, New York bureau chief, foreign news editor and correspondent in Brussels and Milan.

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