Did Paulson’s secret meeting with Goldman Sachs break the law?

By Muriel Kane
Wednesday, October 21st, 2009 -- 10:15 am
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henrypaulsontreasury1 Did Paulsons secret meeting with Goldman Sachs break the law?When Henry Paulon left his position as CEO of investment bank Goldman Sachs in 2006 to become George W. Bush's Secretary of the Treasury, he signed an ethics letter promising to avoid conflicts of interest by not getting involved in any dealings with his former firm.

Paulson received a secret waver of that promise at the height of the financial crisis last year -- but a new book by New York Times columnist Andrew Ross Sorkin reveals that Paulson had already met secretly with the Goldman Sachs board of directors in June 2008, after the collapse of Bear Stearns but three months before the waiver. The meeting took place in Moscow, where Paulson had gone in an unsuccessful attempt to seek Russian investment in the US economy.

According to Sorkin, "When Paulson learned that Goldman’s board would be in Moscow at the same time as him, he had [Treasury chief of staff] Jim Wilkinson organize a meeting with them. Nothing formal, purely social — for old times’ sake. ... Anxious about the prospect of such a meeting, Wilkinson called to get approval from Treasury’s general counsel. Bob Hoyt, who wasn’t enamored of the 'optics' of such a meeting, said that as long as it remained a 'social event,' it wouldn’t run afoul of the ethics guidelines."

"For the next hour," Sorkin goes on, "Paulson regaled his old friends with stories about his time in Treasury and his prognostications about the economy. They questioned him about the possibility of another bank blowing up, like Lehman, and he talked about the need for the government to have the power to wind down troubled firms, offering a preview of his upcoming speech."

Sorkin's revelation is already raising eyebrows. Felix Salmon, who blogs on economics issues at Reuters, complains, "This is sleazy in the extreme, and will only serve to heighten suspicions that Paulson’s Treasury was rigging the game in favor of Goldman all along. ... There was nothing in the way of extenuating circumstances which could possibly justify the secret rendezvous."

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Goldman Sachs, which received billions of dollars in federal bailout money last year both directly and through insurance firm AIG, has come out of the financial crisis that destroyed its former major competitors in a dominant position. Last July, writer Matt Taibbi blamed Goldman Sachs for "every major market manipulation since the Great Depression" and described it as "a great vampire squid wrapped around the face of humanity, relentlessly jamming its blood funnel into anything that smells like money."

"Former Goldman CEO Henry Paulson was the architect of the bailout," Taibbi noted, "a suspiciously self-serving plan to funnel trillions of Your Dollars to a handful of his old friends on Wall Street."

Representatives of two watchdog groups who spoke to Mother Jones have already suggested that Paulson may have broken the law. Melanie Sloan, the executive director of Citizens for Responsibility and Ethics in Washington, told the magazine:

"It's hard to imagine why he thought such a meeting would be okay. ... 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."

Danielle Brian of the Project on Government Oversight agreed that "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."

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Story comments are below...
  • thx1138b
    The rich and powerful don't break the law, they Make the law. We live in a plutocracy. Always have, always will. It's simply coming to light now as a result of all the infighting over the remaining wealth and power due to the diminishing returns caused by peak oil and global climate change. And as always, the poor will suffer as the rich reap the rewards. Quite simply, we are witnessing the very beginning of the endgame of "industrialization". It'll take a couple hundred years for humanity to implode, but it's just a matter of time.

    "The illusion of freedom [in America] will continue as long as it’s profitable to continue the illusion. At the point where the illusion becomes too expensive to maintain, they will just take down the scenery, they will pull back the curtains, they will move the tables and chairs out of the way and you will see the brick wall at the back of the theater." --Frank Zappa
  • THX; i agree; we exist in a fascist state. G.S. and the international banksters run this country. we exist under a one party system. The part of greed, and an illusion of freedom. A feifdom in modern times.
  • sanchosdad
    paulson need to be forced to testify against his old firm in this. he is immune from prosecution himself (supposedly) but his testimony can be compelled. and WHEN he lies, throw his ass in the slammer, where it belongs.

    congress needs to grow a pair and have this guy giving testimony every day.
  • nellieh
    Why is the question always;did he/she/they/ beak the law? It is a rhetorical question because so many have admitted they did (Bush and Cheney approving illegal wiretaps and torture) from the last administration and only the flunkys are behind bars. Do you think Paulson will be charged? The head of Goldman-Sachs at the time? This article is like filler in a newspaper. A waste of time.
  • OldAtlantic
    Didn't break Goldman Law.
  • 123heb
    why do these w/t sob's seem to get away with what ever they want.

    is goldman sachs going to start paying bach us the people NOW. YEA RIGHT!!
  • charlottestevens
    Paulson was the culprit in ochastrating the fiasco of banks and Wall Street, under the direction of Bush Jr.
  • Hologram5
    I'm not sure about any actual law but ethics? Sure, that's an ethics violation. Clear conflict of interests.
  • harry johnson
    Time to send that useless doorknob to prison. Maybe him and his goldmann buddies could have a meeting in Leavenworth.
  • harry johnson
    It is way past due to send that useless doorknob to prison. He could meet with his goldmann buddies in Leavenworth or better yet Marion, Illinois.
  • monday1929
    Another Crime Paulson should be investigated for is the strong probability that he tipped off Bill gross of Pimco that Treasury would protect Freddie and Fannie bond holders. There is no other explanation, other than abdication of his fiduciary obligation, that Bill Gross would have loaded up on tens of billions in those bonds at that time.
  • monday1929
    Another viewpoint of course, is that any country that so readily gave up its rights after 9-11 was just ripe for plucking. And pluck they do, by golly.
  • youngharry
    Put the bastard in jail with all the other crooks on Wall Street and Banks that have broken their bonds of integrity to enrich themselves and stolen---yes, stolen--from the American people.
  • airjackie
    The plan was put in place when Hank left Goldman Sachs. Hank gave the pre information to Sachs while he was in Russia and it shows now why Goldman Sachs got so much money and continues today. Hank broke the Law by giving the information but if the US doesn't charge him with a crime the World Investors will drop him and Sachs. Hanks made money from his Goldman Sachs stock and his company.
  • Sporty
    Your have to remember what Bush's attorney stated.....
    All crimes are not crimes to be prosecuted....
    And by now looking at Bush , Cheney , Rumsfeld , Rove and other in his administration's crimes against American citizens and foreign nations , we know WHO "the crimes that are not to be prosecuted" pertain to... Because Bush , Cheney , Rumsfeld , Rove , Rice and others are still walking the streets with a pocket full of wealth..
  • CharlieL
    If Obama wasn't completely bought and owned by Goldman, he would seize the entire company and charge everybody involved with criminal conspiracy. He would "protect" the investment of average Americans and guarantee the investments of all individuals up to $1M, but everybody else would be on their own. All management in jail. I love to dream.
  • rxgary
    in short the answer appears to be tall trees , short ropes
  • richardwpainter
    I will not comment on the ethics agreement and whether Secretary Paulson followed it as I was the lawyer representing the White House in drafting and approving the agreement (I left in 2007, long before the 2008 waivers were granted). I have, however, commented in a paper posted on SSRN on government ethics and bailouts generally, and I conclude that the two do not mix:

    http://papers.ssrn.com/sol3/papers.cfm?a bstract_id=1470910

    I will now update the paper to reflect this latest news.

    More general discussion is in my 2009 book from Oxford U. Press, Getting the Government America Deserves: How Ethics Reform Can Make a Difference

    http://www.us.oup.com/us/catalog/general /subject/Law/FederalPractice/?view=usa& ci=9780195378719

    Richard W. Painter
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