Did Hank Paulson Break the Law?

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Bush's Treasury secretary held a secret meeting with Goldman Sachs. Two watchdog groups say he could be in big trouble.

Tue Oct. 20, 2009 12:41 PM PDT

Did Henry Paulson, George W. Bush's Treasury secretary, break the law?

According to a new book on the financial meltdown by New York Times reporter Andrew Ross Sorkin, in June 2008, Paulson, who was the chairman of Goldman Sachs before joining the Bush administration, held a secret meeting in Moscow with the board of directors of his former employer. The problem for Paulson—then and possibly now—was that after he had been nominated in 2006 to the Treasury post he had signed an ethics letter vowing to stay clear of potential conflicts of interest with Goldman Sachs and promising not to take any action that might affect the firm's ability to cover his multimillion-dollar pension.

As Sorkin recounts the episode, Paulson and the Goldman Sachs board happened to be in Moscow at the same time. Learning of this coincidence, Paulson asked his chief of staff, Jim Wilkinson, to set up a meeting. Wilkinson was not happy about this. "For fuck's sake!" he thought, according to Sorkin. Paulson told him that the meeting could be considered a social gathering, but as Wilkinson worked out the details with the Goldman Sachs crowd, he asked that the session remain confidential. And the event was not placed on Paulson's official calendar.

When Paulson and the firm's execs got together at the Moscow Marriott Grand Hotel, the Treasury secretary gave the Goldman Sachs crew his read on what was happening with the economy and his department's effort to prepare for handling failed banks. He also previewed for them an important speech he would soon deliver. That is, he privately shared his views on matters of direct interest to his old firm. And as Sorkin points out, Paulson had at this point never provided such a briefing to any other company (except for once "briefly dropping by" a cocktail party for the board of BlackRock).

In September 2008, as the economy imploded, Paulson obtained an ethics waiver that would permit him to deal with Goldman Sachs. But at the time of the Moscow meeting, he was still covered by his original ethics agreement. And two government watchdog groups now say that Paulson seems to have broken ethics laws when he hobnobbed with his former firm's top brass. Danielle Brian, the executive director of the Project on Government Oversight, tells Mother Jones:

Henry Paulson’s meeting with the board of directors of his former employer, Goldman Sachs, appears to be a serious violation of ethics laws. Given that the meeting took place in the summer of 2008—months before he received an ethics waiver allowing him to participate in matters that would affect his Goldman pension—it was completely inappropriate for Paulson to discuss internal matters at the Treasury Department, and to preview an important speech he was about to deliver. This could potentially be a criminal or civil matter.

Melanie Sloan, the executive director of Citizens for Responsibility and Ethics in Washington, says Congress should investigate Paulson's actions.

It's hard to imagine why he thought such a meeting would be okay. It seems he was having a conversation in violation of the [ethics] ban. It wasn't purely social—purely social is when you don't discuss business. You talk about movies, books, your kids, but not what the Treasury Secretary is going to talk about next week. That's basically inside information that the Goldman board received.

It certainly merits further inquiry with people who were there about what exactly Paulson said to them and whether they acted on that information. It seems like Congress might want to ask some questions of Goldman.

Whether or not this meeting actually violated the law, it was untoward enough to cause Paulson's chief of staff to fret and for Paulson to keep the gathering hidden. In retrospect, it was quite a lapse in judgment for a fellow who soon would be asking the American taxpayers for a $700 billion blank check—part of which would go to help the mega-investment bank he once ran.

Paulson's PR rep did not return a call and email seeking comment.

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Nick Baumann covers national politics for Mother Jones' DC Bureau. For more of his stories, click here. He can also be found on twitter.

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Comments

The choice of Moscow for the

The choice of Moscow for the meeting was indeed ironic. The Russians essentially had taught the world how to melt their own economy through gross cronyism in the 1960s and 1970s. Our present economic troubles resemble the Soviet's in that our own leadership have self inflicted this beating on us all. It started with the budget deficit, which profoundly favors less efficient public corporations over better managed and smaller private enterprises. The rampant greed has (as it did in Soviet Russia) paralyzed our economy. We are now living on financial "life-support" and the president is telling us how we will soon be back on our feet. But the fact is without fundamental changes in the way we handle our shared circumstances, changes it appears the White House in unprepared to implement, we can't possibly recover. As for Goldman Sacks, what do they do for their billions? A- They manipulate securities like a casino controls the Pai Gow table and they skim a profit off the winnings (or losers).

Examples

Please provide examples of 'better managed and smaller private enterprises'. Maybe you are referring to KBR? Or Blackwater? Or Halliburton?

You would not know most

You would not know most examples because they remain off the "radar". I can offer a few for instances. Woot.com http://www.inc.com/inc5000/2008/company-profile.html?id=200800250 This year they will do about $250-million. Very tightly run. About 1/2 the companies ultimately acquired by Google started out as private companies. There is no way to do an apples-to-apples comparison. But there are ways to compare. Take a sampling of private companies who were recently bought by public ones, or, did an IPO and went public. The results are very common. Loss of efficiency followed by loss of profitability. Examples: Bidz.com (a train wreck); Starboard Cruise Services was a model private enterprise until it was acquired by LVMH (Paris) (for 6 times its book value). They have since lost so much money that LVMH had to sell its 40% stake in Gucci to pay the bills. When large banks acquire small banks, its even worse. MBNA went from being the most consumer friendly credit card company in the USA to being among the sleaziest, next to Bank of America (who owns it). The numerous banking chains who were acquired by B of A were like out of a Douglas Fairbanks Jr. movie. B of A's strategy was simple though diabolical. They purchased smaller regional chains located in areas with high levels of affluence. Thus, the collateral they acquired was greatly under valued against the loans they had outstanding. This allowed them to "slash-and-burn" the acquired customers, who were then (often) locked into the relationships or at least, it became difficult to find alternate banks (who had not already been purchased either by B of A, Chase, Wachovia, etc..)
Budget deficits favor large public companies because they never seem to have any problems borrowing money. In fact, the FDIC guidelines for evaluating loans are remarkably different between public and private owners (guess who's easier to comply with). Public owners can also engage in trickery not available to the private company. For example, following a merger, the new (combined) entity can pick-and-choose which accounting principles it retains from each of the merged companies, thereby hiding weak financials.
Large corporations often have significant amounts of leased (or owned) space which is unoccupied. They have execs earning 6-figure salaries who have no job descriptions. They use the borrowed capitol to purchase their competition, eliminate jobs (those employees who actually work for a living) and then they raise their prices or lower their quality (often both). They use their financial power to influence our elected government, often contributing to both parties in every reliant election. As earlier mentioned, large litigators not only have the juiced-up law firms on their retainer but sometimes the judges as well. I can show you a point-blank example where Bank of America's law firm had a federal magistrate as a paid "key-note" speaker. This judge issued an injunction against one of B of A's opponents which barred him from filing any papers with any court(s), without the advance permission of this same magistrate. The injunction was eventually overturned at the Circuit court level but only because it was so brutally absurd. There were many other decisions which were improper but affirmed by the same court of appeals. The bankruptcy court is even worse, mainly because it is considered an "equity court" where the judge is given enormous latitude. So bad that the rest of the legal profession refers to it as "the whore's court". We are living under tyranny. But we are like the proverbial frog, sitting in a pot of water slowly being heated. Admit it or not, you are a frog too. But I digress.
When private companies need to borrow money to compete with their public rivals, the giant budget deficits make this next to impossible. The government has borrowed all the cash to do the bidding of the giant corporations. When (for a few years) we had a budget surplus, the banks had no choice but to treat their borrowers fairly, which included individual people as well.

Fantastic!

A brilliant evisceration of someone who probably actually believes that what we HAD was not crony/fascistic Capitalism. Thanks
Lee S.

Paulson

Did Paulson's secret Goldman Sachs meeting break the law?

http://www.youpolls.com/details.asp?pid=6336

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Wall Street

I believe this financial crisis began 10 years ago when Bill Clinton collaborated with Phil Gramm to repeal Glass-Steagall. This was when all that monkey business of derivatives, hedge funds and stock options began. Banks like Bank of America, Citigroup and Wells Fargo need to stick with banking. The financial products industry needs to be regulated, but Treasury is reluctant to do so. We need compassionate capitalism, where the public is served over maximization of profits. Laissez-faire no longer works, if it ever did.

Crook

Paulson is an a@* wipe who should be fried in the electric chair for conflict of interest with this meeting, but allowing Goldman to become a banking. Just look at what we got for that, no interest loans taking all the risk and keeping all the profits and wanting to give out big bonuses while giving us the finger at the same time we ate 28 Billion of there loses. His plan to save Goldman was nothing more then saving all the money he had with them while the taxpayer got screwed!
Line Paulson, Ruben and Greenspan and put a bullet through there head and include the a@* wipe that is running Goldman.
The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants: it is its natural manure. Thomas Jefferson 1743-1826

Law?????

It depends on who you are and who you know as to whether you broke a law. Henry Paulson, as a Republican and member of a former administration, is clearly above all laws. That make this a non-story and not worthy of attention. There will be no investigation and your article will be the last to mention this incident. Remember, this is America, the golden land where if you have enough gold, you can basically eat live children on TV and still be untouchable. Move on.

nomenclature of a banking cabal

Doesn't anyone find it odd that the majority of our past, present and presumably future FED chairman were previous Goldman Sachs execs? Same goes for those in the Treasury Dept. Is it any wonder that Goldman was the first conglomorate to get their hands on the "bailout" money, no questions asked? It's time our-so called- representitives to demand and audit of the PRIVATE and CENTRAL bank so dudiouslly called the federal reserve.

Their web address is even a

Their web address is even a scam. http://www.federalreserve.gov/ Notice the ".gov" extension.

It gets even worse...

Apparently Paulson asked Lehman to open up their books to Goldman. http://blogs.reuters.com/felix-salmon/2009/10/21/how-paulson-gave-goldma... There seems to be unprecedented abuse in the Treasury, much of it benefiting Goldman. Is it any wonder that their trading profits are setting all kinds of records?

Worse?

I think it definately sounds like we have not heard the end of this and it will get even worse.

Sadly I think that Geitner, although not as directly as Paulson is still too friendly with the crews of the big Wall St. institutions.

No investigation. . .

There won't be an investigation on this. Even if the administration tried, all the "racist" Republicans would cry foul, and say that they are undermining the integrity of the political system by investigating previous administrations. . blahblahblah. .

Damage Control

Banks in the U.S. had been failing years before H.P. got on his knees begging for tax payer money in 2008 . They were trying to drag things out until the next administration took over so they could point fingers and accuse . The usual GOP tactic . The economy was so bad people were not saving money in banks and many were taking out their bank savings to survive on . This was a replay of the late 1920's . Things gradually fell apart then just collapsed while the government lied about inflation and the economy . Hank will not spend one minute in a criminal court because many of the present members of Congress were aware of the flimflam being played on the people of the world and may have been reaping some profit from the spoils . If we could get Congress to outlaw short selling in the markets many of our future financial troubles would be averted .

Geithner does it

Tim Geithner talks with Goldman Sachs constantly. Isn't this communication necessary for the US government to get Goldman Sach's permission for anything it does regarding finance? Russia has Putin as the power behind the throe, we have Goldman Sachs. That's only fair, isn't it?

whaaa??

How is it even possible that an ethics "waiver" can exist? today I don´t really feel like conflicting with my ethics, could you please just waive them?

Too much to hope for! Don't

Too much to hope for!
Don't worry. The Ruling Elite have one of their own covered. Paulsen will never have to answer. His gang of pirates of FIRE have his puny butt covered. They will all get off. justice left with the Bush Administration and Obama has sold out along with most Dems. There are no alternatives. Just wait for a revolution.

I remember the signs listing

I remember the signs listing the national debt years ago but has anyone made a list of the amount of money flowing out of the U.S.A. ? We buy foreign goods , foreign oil , and now that some good corporatist has figured out how to export our service industry we are buying that also . If we do not use our own resources to make and export goods we will never get out of this hole . At the rate the GOP(political arm of Wall Street) is gnawing at the foundation of our nation they may prove our 16th President to be wrong when he said "government of the people , by the people , for the people , shall not perish from the earth"

Financial institution

Many institutions today are having a lot of burden, as economy continues on slumping. It isn't new to us that financial institution is falling since economists have foreseen it even before recession invades the country. Bank of America is tired of not being able to buy enough ivory back scratchers for the very suits that helped cause the recession, and is divesting themselves of assets – one such being First Republic Bank. Or perhaps First Republic Bank would like some self determinism. (The latter is more likely.) The largest bank organizations are known to need debt consolidation, but things are looking up for First Republic Bank. After B of A was ordered to raise $40 billion by the government after a stress test, they've announced that they're selling their interest in First Republic, a west coast investment bank chain, after they'd acquired them from Merrill Lynch.

ha....

of course he broke the law, and it was not the only time.

but then, no one touches Goldman Sachs, they're holding the Administration in a double nelson with all the Rubiniacs (Summers, Geithner et al)

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There is no doubt...ALL of

There is no doubt...ALL of these guys are white collar theifs. And they ALL should be behind bars. Paulson isn't alone...Bernake, Geitner, Graham, Reid, Frank, Greenspan is a short list of people whom, in absence of endless political and lawyer-ease semantics, and clearly guilty of robbing from the american taxpayer. Of course the boards and CEOs of all the large banks are just as guilty.The amount of rich, elite powerbrokers who are CLEARLY criminals is staggering...

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