By Matt TAIBBI
APRIL 5,2010
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
investment trust 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 leverage based 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.
The
basic scam in the Internet Age is pretty easy even for the financially
illiterate to grasp. Companies that weren’t much more than pot-fueled 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 was 0.71 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.
This
article originally appeared in the July 9-23, 2009 of Rolling Stone.