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Tuesday, May 4, 2010

In the weeks since Goldman Sachs Group Inc. was sued over alleged fraud, the firm has engaged in a charm offensive to keep customers from defecting. But it hasn't always worked.

Goldman sent out emails to clients on the day of the allegations, April 16, giving the firm's defense. Since then, Goldman executives have crossed the country to meet personally with clients. One Goldman insider said colleagues crammed roughly two months of client visits into two weeks.

Last week, the $9 billion Oklahoma Teachers Retirement System voted to put Goldman's asset-management unit "on alert" for possible termination pending a review of the allegations as "an organizational concern."

Other clients say they are concerned as well. The Securities and Exchange Commission accused the firm of failing to disclose the role of a short seller in constructing a pool of mortgage-related assets sold to investors. Goldman has denied wrongdoing, saying its disclosures were adequate. A related criminal investigation disclosed last Friday and congressional hearings on April 27 focusing on the charges have intensified scrutiny of the firm.

The action by Oklahoma, which was earlier reported by Reuters, shows how state and local governments can be sensitive to such issues for political reasons. Goldman has ranked No. 5 in U.S. municipal underwriting in the years 2007 through 2009, according to Thomson Reuters. This year it ranks No. 6.

Such issues by state and local governments and authorities, many of them tax-exempt, are used for public purposes such as schools, sewers and water systems-financing projects often launched by elected officials and closely scrutinized by tax payers. Some public-finance experts say politics often plays a role in underwriter selections.

"I think in the municipal world, people are more sensitive to some of these issues just because of the political environment in which they live," says municipal-bond lawyer Dee Wisor of the Denver firm Sherman & Howard LLC.

Goldman declined to comment for this article.

"People are talking and this can't help them," said Brian Thomas, chief financial officer of the Metropolitan Water District of Southern California, which has issued short-term notes through underwriters including Goldman.

"In the near term I don't think it's going to have a large impact," Mr. Thomas added. "But we're concerned. We have talked to them. They called us pretty much after the news broke."

Goldman has met with clients "to discuss any concerns they may have with the firm," according to Brad Hintz, a securities analyst at Sanford C. Bernstein & Co. who met with top Goldman executives Friday. The upshot: Goldman has seen "no degradation of business," has been winning assignments it expected to win and "trade flows remain in line with expectations," Mr. Hintz added.

Some Goldman clients say they will have to see the whole case unfold before making longer-term decisions. "We're at this time very pleased with the services they provide," said James Fuller, chief financial officer of the Municipal Electric Authority of Georgia, which issued $2.7 billion of debt with Goldman as a senior manager in March. "We would like to see the situation play out and see what happens before we make any rash decisions."

Still, other public officials aren't waiting. Chriss Street, the Treasurer-Tax Collector of Orange County, a member of the county's public-finance advisory committee, last Friday called for "hearings to review the appropriateness of retaining Goldman Sachs" as an Orange County, Calif., underwriter.

In an email to Huntington Beach, Calif., Treasurer Shari Freidenrich, who heads the public-finance panel and is running for the Orange County Treasurer post that Mr. Street is vacating, Mr. Street cited the fraud charges filed in April.

In her reply, Ms. Freidenrich told Mr. Street that he was free to bring up the issue at the panel's next meeting on Thursday. "Then the board can decide if it would like to place this on a subsequent board agenda." Ms. Freidenrich referred a call to a county spokesman, who said that while Goldman is on a list of qualified underwriters, the firm hasn't done financing work for the county since 2006 and isn't under consideration for current assignments.

A federal bankrupcty court ruled in March that Mr. Street breached his fiduciary duty in a previous job as a trustee in the bankruptcy of Fruehauf Trailer Corp., ordering him to repay more than $7 million to the trust. Mr. Street said he is appealing the ruling.

The Securities and Exchange Commission and the regulatory arm of NYSE Euronext disciplined an equities unit of Goldman Sachs Co. on Tuesday for alleged violations of rules on short selling stocks.

In December 2008 and January 2009, Goldman Sachs Execution Clearing LP allegedly failed to buy enough shares to cover short positions held by customers, according to a notice from NYSE Regulation.

The issue was compounded as the firm continued to accept hundreds of short-sale orders in stocks in which it hadn't obtained enough shares to cover clients' existing short positions

Monday, May 3, 2010

Comments welcome on Gibbs / Salazar statements - Boot on Throat

WASHINGTON, May 3 (UPI) -- White House spokesman Robert Gibbs Sunday said all assets
are being deployed to contain the oil spill in the Gulf of Mexico and prepare for its onshore arrival.

"Everything that can be done has been done. ... Every asset that we have available is being used," Gibbs told reports aboard Air Force One.

Gibbs said President Obama and Louisiana Gov. Bobby Jindal briefly toured the coastline by helicopter but were hampered by low visibility and high winds. They did not make visual contact with the oil slick.

When pressed to respond to comparisons with Hurricane Katrina, Gibbs said, "We're obviously dealing with a situation of great potential environmental and economic devastation. I think the analogies though are tougher to make in an event that -- a storm that you track for several weeks that comes ashore and kills 1,800 people. ... I think the timeline I was looking at this morning ... had the Coast Guard and the Navy there on site immediately after this explosion. We've done everything that we could."

Gibbs repeated Interior Secretary Ken Salazar's promise to "keep the boot on [BP's] throat" in terms of stopping the leak at the source as well as paying for environmental and economic damage. He said Obama wants to ensure "that for fishermen who depend on making a catch, selling that catch to be able to pay for resources to go out and do it again, that their lifeline isn't cut off."

Gibbs said "all future decisions" regarding new offshore oil exploration will be "based on a full examination of what happened."

"What the president outlined at the end of March requires at least two sets of extensive reviews in order to both identify areas suitable for leasing and then ultimately an environmental plan for what ultimately is leased. ... Not to mention the eastern part of the Gulf would still require additional congressional action to open up," Gibbs said.