Don't Let Goldman Ire Drive Reform

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Public anger at Goldman Sachs is the vehicle being used to force through sweeping financial reform legislation.

In the public's mind, Goldman has come to symbolize the self-interested corruption at the heart of modern finance. The legal discussion about Goldman seems to center on whether Goldman had a conflict of interest. Goldman doesn't have a conflict of interest; Goldman is a conflict of interest.

The company is not unique among major financial institutions. It is in the spotlight because it is widely respected as the most intelligent and influential financial market player. Goldman creates markets, moves markets, shorts markets and participates heavily in the regulation of these markets through an influential network of past, future and wannabe employees.

The basic facts of Hank Paulson's transition from chairman and CEO of Goldman Sachs to U.S. secretary of the Treasury are mind-boggling.

He ran Goldman during the build-up of the bubble, earning $38.5 million in 2005. In 2006, he went to Treasury as the bubble was peaking. He was "forced" to redeem his ownership in Goldman before becoming Treasury secretary. He therefore sold his stock for $485 million on a tax-free basis saving more than $100 million in taxes because he was entering "public service."

We will be assessing Paulson's actions for many years, but it is very clear that he was presiding over the resolution of the financial crisis his firm played a pivotal role in creating. There is nothing illegal about any of this, but there is a lot wrong with it.

The regulatory reform bill passed by Congress is almost 2,000 pages. I have not read it. Neither have most — if not all — of the congressman who voted for it. I don't have to read it to know the foundational premise is fatally flawed. I also haven't read the bill because legislation that long isn't written to illuminate, simplify and solve problems.

In this environment, what passes for a public debate is a bunch of talking points spouted by people who don't know finance and haven't read the bill. The public fury over Goldman was the vehicle used to ram through this financial reform bill of flawed intent.

The premise of the bill was that systemic risk must be managed by more and tougher regulators. The systemic risk of the "Too Big to Fail" institutions is not a naturally-occurring market phenomenon. It is the unintended consequence of the conflicting goals of federal financial policy.

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