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Strategies & Market Trends : Fundamental Value Investing

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To: bruwin who wrote (1158)4/19/2010 3:26:42 AM
From: Madharry  Read Replies (1) of 4719
 
Now that i've read the actual complaint by the SEC, Im not as confident as i was before that this is a flimsy case. However, I dont know that this is vastly fundamentally different from cases where you think someone is representing you but they arent really . for example in the United States real estate brokers take around prospective buyers to look at houses, if a sale is made they will earn a 3% commission paid by the seller. does this real estate broker represent the buyer or the seller? The buyer would like to think that broker represents his or her interests but he doesnt really. I purchased a house and later found out that my broker had information which had i known about would have caused me to offer a lower price than i did. However the amount was not worth getting embroiled in a lawsuit over. I was also never informed that part of the lawn that I thought belonged to me belonged to the city, a material fact I would have liked to know about before I closed on the property.

The fact is that G&S is in the business of creating products to be sold. I wonder if aca was aware that Paulson was paying Goldman a fee to structure the transaction and whether this was a required disclosure. Clearly, had aca known that the whole purpose of Goldman setting up this transaction was for Paulson to be able to short into it, they would never have done the deal, but GS business is to find buyers and sellers for products. They probably do this all the time. GS also arranges all sorts of collars for executives of traded companies that protect them in case of declines in share prices of the companies that they run. This is never reported to the SEC and the SEC has never insisted that these collars be made public. Is this any worse than this deal?
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