WASHINGTON, Aug 9 (Reuters) - The U.S. Justice Department
said it will not pursue criminal charges against Goldman Sachs
Group Inc or its employees related to accusations that the firm
bet against the same subprime mortgage securities it was selling
to clients.
The decision not to prosecute Goldman, a firm held up by
critics as a symbol of Wall Street greed during the 2007-2009
financial crisis, highlights the difficulty in prosecuting
crisis-related cases.
Few expected the bank to face criminal charges, but in April
2011, U.S. Senator Carl Levin asked for a criminal investigation
after the subcommittee he leads spent more than a year looking
into Goldman.
The accusations were aired in a heated 2010 Congressional
hearing in which Levin grilled Goldman Chief Executive Lloyd
Blankfein for hours about whether it was morally correct for the
firm to sell its clients products described internally as
"crap".
"The department and investigative agencies ultimately
concluded that the burden of proof to bring a criminal case
could not be met based on the law and facts as they exist at
this time," the Justice Department said in a statement late on
Thursday.
The DOJ does not typically make public statements when it
concludes an investigation.
Neil Barofsky, a former watchdog for the U.S. government's
financial system bailout in 2008, said the announcement was a
stark reminder that no individual or institution had been held
meaningfully accountable for their role in the financial crisis.
"Without such accountability, the unending parade of
megabanks scandals will inevitably continue," said Barofsky, who
has been an outspoken critic of the government's response to the
financial crisis.
In a brief statement emailed to Reuters, a Goldman Sachs
spokesman said: "We are pleased that this matter is behind us."
A Levin aide had no immediate comment.
In a related civil case, Goldman settled with the U.S.
Securities and Exchange Commission for $550 million in July
2010, without admitting wrongdoing.
The SEC, in one of its premier financial crisis cases, said
Goldman failed to tell investors the Paulson & Co hedge fund
helped choose and bet against the subprime mortgage-backed
securities underlying an investment product named Abacus.
The SEC is still pursuing a civil complaint against Fabrice
Tourre, a Goldman vice president involved in the Abacus deal.
Separately on Thursday, Goldman said the SEC had dropped an
investigation into the firm's role in selling a different $1.3
billion subprime mortgage-related deal arranged in 2006.
TARNISHED REPUTATION
The Abacus deal was a major focus of the televised hearings
held by Levin's subcommittee in 2010. The hearings and a
following report from Levin's Permanent Subcommittee on
Investigations weighed on Goldman's shares as the firm suffered
a reputational hit from the unwelcome spotlight.
Goldman -- dubbed a "great vampire squid" in a 2009 article
in Rolling Stone magazine -- has continued to be dogged by
criticism, including from its own ranks.
A Goldman Sachs banker in March published a withering
resignation letter in the New York Times, calling the Wall
Street titan a "toxic" place.
In its release on Thursday, the Justice Department said
there was "not a viable basis to bring a criminal prosecution"
against Goldman. If new or additional evidence emerged, it could
make a different determination, it said.
Prosecuting financial fraud would continue to be a top
priority and it highlighted other investigations, including its
probe into banks' alleged manipulation of Libor, a widely used
benchmark for interest rates.
The SEC has brought a handful of high-profile cases related
to the financial crisis, including against former Countrywide
Financial Chief Executive Angelo Mozilo and its case against
Goldman. But the Justice Department has struggled to bring
criminal charges.
The frustration, in part, has been because such charges
involve securing evidence that shows beyond a reasonable doubt a
defendant intended to break the law.
For example, a federal jury in 2009 acquitted two former
Bear Stearns hedge fund managers accused of continuing to push
souring investments as sound.
Jurors said prosecutors did not prove the case, which relied
on e-mail evidence, beyond a reasonable doubt. Since then, the
Justice Department has brought few major prosecutions tied to
the subprime crisis.
In January, President Barack Obama announced a new task
force to investigate misconduct that fueled the financial
crisis, and the Justice Department has said it has issued more
than a dozen civil subpoenas and has multiple inquiries
underway.
So far, no cases have come out of that effort, and some
critics have dismissed the task force as an election-year stunt.
(Reporting by David Ingram and Aruna Viswanatha)
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