Goldman Is to Greece What Merrill Was to Enron

Did big banks break the law during our recent global debt-fuelled boom? The usual answer is: no – they just took advantage of loopholes and captured regulators. The world’s biggest banks are widely supposed to be too sophisticated to be tripped up by the legal system.

But is this really true? The new Valukas report on Lehman suggests there are grounds for civil action, i.e., people can sue for damages. News reports give no indication of potential criminal charges, but this may change soon. The hiding of Lehman’s true debt levels – through the so-called “Repo 105″ structure – is strikingly reminiscent of how Enron’s balance sheet was disguised through fake asset “sales” (as Senator Kaufman now points out).

And, of course, the people who ended up facing criminal charges and – in some prominent cases – going to jail, included not only Enron executives, but also responsible bankers from Merrill Lynch (see The Smartest Guys in the Room, Chapter 13). Arthur Anderson, Enron’s accountant, was also effectively broken by the scandal. It is a serious crime for professional advisers and financiers to assist in securities fraud.

Full Story: Simon Johnson: Goldman Is to Greece What Merrill Was to Enron.

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