Goldman Sachs says federal bribery case may lead to 'significant fines'
Goldman Sachs says it may face "significant fines" and other sanctions after the U.S. government charged two former executives with using money from a Malaysian client's bond sale for bribes to secure overseas business for the Wall Street firm. The investment bank "is cooperating with the Department of Justice and all other government and regulatory investigations related to 1 Malaysia Development Berhad," a sovereign wealth fund known as 1MDB for which Goldman underwrote about $6.5 billion in debt offerings in 2012 and 2013, according to a Nov. 2 regulatory filing.
Goldman, which drew a Congressional spotlight eight years ago over the sale of securities blamed for the 2008 financial crisis and paid $550 million to settle Securities and Exchange Commission claims that it misled investors in one of the instruments, said it can't predict the outcome of the investigation. Last week, the Justice Department unsealed an indictment in federal court in Brooklyn accusing 51-year-old former Goldman managing director Ng Chong Hwa, also known as Roger Ng, and 36-year-old Malaysian financier Low Taek Jho, known as Jho Low, with conspiring to launder billions of dollars embezzled from 1MDB and to pay bribes in Malaysia and Abu Dhabi. Ng was arrested on Nov. 1 in Malaysia; Low remained at large. Separately, the court unsealed a guilty plea by 48-year-old Tim Leissner, Goldman's former chairman for Southeast Asia, to similar charges. Leissner was ordered to forfeit $43.7 million.
Prosecutors say the two Goldman employees leveraged Low's close relationships with high-ranking government officials in both Malaysia and Abu Dhabi, one of whom was authorized to approve 1MDB's business decisions, to land deals for Goldman from 2009 through 2014. Those included roles on three bond transactions known inside the bank as Project Magnolia, Project Maximus and Project Catalyze, prosecutors said. The work netted about $600 million in fees for Goldman as well as large bonuses for Ng, Leissner and other workers, prosecutors claimed. Once the bond offerings were completed, about $2.3 billion of the proceeds were redirected to Low, Ng, Leissner and others, some of it going to the relative of a Malaysian official who invested it in production of the 2013 film "Wolf of Wall Street." The movie is based on the memoir of Jordan Belfort, the founder of former Long Island, N.Y.-brokerage Stratton-Oakmont, who was released from prison in 2006 after serving three years for using his business to defraud small investors.
While the Goldman deals were reviewed by the firm's compliance department, its culture – particularly in Southeast Asia – "was highly focused on consummating deals, at times prioritizing this goal ahead of the proper operation of its compliance functions," the indictment of Ng and Low claimed. Goldman, which has received a variety of subpoenas and requests for information in the matter, said it has placed another employee identified as a co-conspirator on leave. The firm acknowledged the indictment's criticism of its compliance procedures, but noted that the charging documents indicate Leissner and Ng circumvented them by "repeatedly lying to control personnel and internal committees that reviewed these offerings." The firm estimates the upper end of possible losses from current legal matters including the Malaysian case to be about $1.8 billion more than it has set aside for such issues, according to Jason Goldberg, an analyst with the British lender Barclays Plc.
https://www.washingtonexaminer.com/business/goldman-sachs-says-federal-bribery-case-may-lead-to-significant-fines