Our most recent newsletter discusses some takeaways for individual investors from the allegations of SEC v. Goldman Sachs & Co. You can read the newsletter here. Here’s an excerpt from the main article:
But this “sophisticated-investor” defense is telling. What it says is that Goldman Sachs, historically one of the most trusted advisors to the world’s largest corporations, treated the European banks as customers, not clients.
Though often used interchangeably, “customer” and “client” have important differences. “Customer” comes from Latin meaning “habitual” or “custom” and has traditionally been applied to arms-length transactions involving commodity goods and services such as the purchase of groceries, gasoline, or a haircut. “Client” can also mean someone who buys goods or services, but is derived from the Latin “cliens,” meaning “one who is dependent on another” and has traditionally referred to people served by professionals such as lawyers and accountants.
Lest there be any confusion, however, it’s not clear to me that Goldman Sachs acted illegally or even unethically in putting together their synthetic CDO trade. Rather, at this point — without the benefit of any formal fact-finding process, such as a trial — it seems the greatest blame in all of this lies with the European banks who made poor bets at the derivatives race track. What were they doing at the race track to begin with? They should have been home guarding their customers’ deposits.
To mix metaphors, it’s as if the European banks believed that since they could play a good pick-up game at the YMCA, they were good enough to walk onto the court with Kobe Bryant and LeBron James. No wonder they lost their shirts.
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