Goldman Sachs may not be the only firm in SEC cross hairs

SMU Law Professor Alan Bromberg talks the SEC's new aggressive posture.

By E. Scott Reckard
Los Angeles Times
 
The government's fraud lawsuit against Goldman, Sachs & Co. could portend cases against other financial giants that turned subprime mortgages into complex securities while also accelerating a surge in private litigation against Wall Street.

In announcing the Goldman case, Securities and Exchange Commission enforcement chief Robert Khuzami said the agency was looking into similar transactions at other firms. As the SEC struggles to shed its image as the snoozing securities cop that missed Bernard L. Madoff's vast Ponzi scheme, the agency is likely to bring additional cases, said Alan Bromberg, a securities law professor at Southern Methodist University.

"The SEC has become pretty aggressive, so it's a good bet," Bromberg said. Goldman, he said, was probably chosen as the first target because of its prominence. "It is the biggest and by most estimates the best firm on Wall Street."

Goldman Sachs is accused of failing to disclose that a hedge fund that helped it create complex securities had actually placed a bet that the investment would fail. Goldman has said it provided full disclosure to sophisticated investors who knew that some other knowledgeable party was betting against them.

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