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Are you ready for a change? Have you been looking for an opportunity for uncapped earning potential while making your own hours? If you have a mind for problem solving and a sincere desire to help people, then the Commercial Mortgage [...]
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Getting Started as a Commercial Mortgage Broker
Commercial Mortgage Guide Make An Informed Choice!
A commercial mortgage loan is a loan which is secured by opting for opting using real estate as collateral to secure repayment. By taking out a commercial mortgage, you can maximize your business finance. Property can be a significant cost for many businesses. Hence, it is important to invest wisely. Commercial mortgage guide can help [...]
Hogan Partner to Take Over EDNY; Madoff Judge to 2nd Circuit
The good folks at Main Justice have been hard at work keeping their readers abreast of judicial and U.S. attorney nominations. Today we took notice of two confirmations that are hot off the Senate floor. According to Main Justice, Hogan & Hartson’s Loretta Lynch (pictured) was confirmed to become the U.S. attorney for the Eastern District of New York, based in Brooklyn. She replaces Benton Campbell , who’s been there since 2007. It’s been nearly a year since New York Senator Chuck Schumer first recommended Lynch to President Obama. Also of note: the Senate approved the promotion of Denny Chin, a U.S. district judge in Manhattan, to the 2nd Circuit Court of Appeals in Manhattan. In arguably the most popular decision he’s made as a judge, Chin handed down a 150-year prison sentence to Bernard Madoff. He also has presided over the ongoing high-profile Google Books litigation . Lynch, who has been working on white collar criminal defense and corporate compliance issues at Hogan, will be resuming a U.S. attorney post in Brooklyn that she held from 1999 to 2001. Lynch (Harvard College ‘81 and Harvard Law ‘84) was an associate at Cahill Gordon from 1984 to 1990. As readers of this blog know well, the Eastern District of New York in recent years has been among the most active offices probing whether individuals and companies involved in the economic crisis committed any fraud. Among the subjects of EDNY probes: the valuation of mortgage securities at UBS , lending practices and securities disclosures by American Home Mortgage, once the 10th largest lender; disclosures by executives at American International Group , the giant insurer, regarding credit-default swaps that nearly caused its collapse; and disclosures by executives at Lehman Brothers before the collapse of the Wall Street firm. The office hasn’t brought charges from those investigations. In one high-profile defeat, the EDNY criminally charged two former Bear Stearns hedge-fund managers for allegedly lying to their investors before their mortgage-related funds collapsed, but a jury acquitted them after a trial last fall. For a high-profile victory, check out EDNY’s prosecution of two former Credit Suisse brokers — one of whom became a temporary fugitive — for offenses related to the sale of mortgage securities. EDNY also continues to be an important counter-terrorism hub, as seen in a recent case brought against individuals who planned to bomb the New York City subway system .
Why The Goldman Story Has Legs
Expect all of Saturday’s newspapers to be filling their front pages with this breaking news: The Securities and Exchange Commission sued Goldman Sachs and one of its employees for civil fraud, alleging they defrauded investors in selling a financial product tied to subprime mortgages, in 2007. Here’s the suit . The potential financial impact on Goldman from the case is unclear because Goldman’s gain from the alleged fraud was $15 million. However, the investors’ loss was $1 billion, according to the SEC. But this story has legs, folks. First off, Goldman has been feeling heat in recent months amid record profits and revelations of their wild success amid the credit crisis, which hit other Wall Street firms hard. To say the firm had a target on its back, politically speaking, is an understatement. An hour after the suit was filed, Goldman shares were down 13%. Second, the SEC also has been under seige in recent months for, among other things, perceived failures to catch Ponzi schemer Bernard Madoff and some high-profile litigation trip-ups, including its failed insider-trading case against Mark Cuban. If the Goldman case is successful, it could help rebuild the agency’s reputation. Third, the case filed by the SEC prominently features hedge fund Paulson & Co., led by John Paulson, who made the “Greatest Trade Ever” by betting against the mortgage market. His firm earned $15 billion in 2007 alone. The SEC’s case focuses on a single transaction structured by Goldman, for which it allegedly earned $15 million in fees from Paulson. Here’s what allegedly occured. Goldman sold a “synthetic CDO,” or collateralized debt obligation, to investors. Goldman allegedly told those investors that subprime-mortgage securities underlying the CDO were selected by a third-party firm called ACA. However, the SEC alleged, it was the Paulson fund that had selected the securities. Paulson in a separate transaction then put up lots of money to bet that those securities would sour. Investors who purchased slices of the CDO, such as ABN AMRO, a Dutch bank, collectively lost $1 billion as the mortgage-backed securities quickly soured amid the mortgage crisis, according to the SEC. Goldman allegedly helped Paulson bet against those securities, and Paulson’s firm made a profit of about $1 billion. The SEC alleges that Goldman Sachs Vice President Fabrice Tourre was principally responsible for structuring the deal, called ABACUS 2007-AC1. “Tourre allegedly knew of Paulson & Co.’s undisclosed short interest and role in the collateral selection process,” the SEC said. Goldman’s response: “The SEC’s charges are completely unfounded in law and fact and we will vigorously contest them and defend the firm and its reputation.” Goldman is being represented by Richard H. Klapper at Sullivan & Cromwell, and Tourre is repped by Pam Chepiga at Allen & Overy. As for why Paulson wasn’t sued, our colleagues at Deal Journal address that question here .



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