Armed Polite Society

Main Forums => Politics => Topic started by: roo_ster on June 16, 2014, 02:22:22 PM

Title: That Box of Chocolates. Or Not. (Defenestrating Fraud Laws)
Post by: roo_ster on June 16, 2014, 02:22:22 PM
http://market-ticker.org/akcs-www?post=229099

This can't be good for securities markets.  Or just about any markets. 

Buyer: "Hey, when I got home and opened the package that prominently advertizes a PC on the label, I found a brick with an abacus tied to it, not a personal computer.  I would like a refund."
Seller: "Too bad, no refund.  You could have opened the package and checked to ensure we were selling you a PC instead of a brick with an abacus tied to it.  Suck it up, buttercup."

Quote from: http://www.bloomberg.com/news/2014-06-13/goldman-sachs-wins-dismissal-of-mortgage-security-suit-in-n-y-.html
    State Supreme Court Justice Charles Ramos dismissed the claims against Goldman Sachs today, saying the investors only reviewed data presented in offering documents for the securities and never asked to review files for the underlying loans.

    “The true nature of the risk being assumed could, admittedly, have been ascertained from reviewing these loan files and plaintiffs never asked for them,” Ramos wrote.

Quote from: http://market-ticker.org/akcs-www?post=229099
Either I can rely on the label (in this case the offering prospectus) or I can't.  The fact of the matter is that all of these securities came with offering circulars and prospectuses that made representations as to the quality of the loans in them.  Those representations were false and yet what this dismissal says is that as a matter of law if I don't require you to prove the representations you make then the fault is mine -- not yours -- even if what you represent is not true and (as was the case here) you're in possession of the data to know it's false.

Mash the first linky.  Not too long, but gets the point across.
Title: Re: That Box of Chocolates. Or Not. (Defenestrating Fraud Laws)
Post by: RevDisk on June 16, 2014, 02:40:57 PM

http://www.therobingroom.com/newyork/Judge.aspx?id=887
http://www.nydailynews.com/opinion/charles-ramos-state-rule-citigroup-wells-fargo-wachovia-article-1.303625

Well known for not being a great judge.
Title: Re: That Box of Chocolates. Or Not. (Defenestrating Fraud Laws)
Post by: brimic on June 16, 2014, 03:53:16 PM
LOL, noone, save a very select few bright people knew what was in the mortgage backed derivitives, Goldman Sachs sure as heck didn't. Doesn't change my opinion that they should all hang for the chaos and destruction they brought to the economy, let alone the government facilitated theft of taxpayer money thta followed.

Quote
Buyer: "Hey, when I got home and opened the package that prominently advertizes a PC on the label, I found a brick with an abacus tied to it, not a personal computer.  I would like a refund."
Seller: "Too bad, no refund.  You could have opened the package and checked to ensure we were selling you a PC instead of a brick with an abacus tied to it.  Suck it up, buttercup."


It was more like they were selling a popular kid's toy at the time- like a Tickle Me Elmo, without realizing that the parts made in china were contaminated with plutonium.
Title: Re: That Box of Chocolates. Or Not. (Defenestrating Fraud Laws)
Post by: HankB on June 16, 2014, 06:47:22 PM
I wonder if that State Supreme Court justice suddenly found the means to buy that new vacation home and Mercedes he's been wanting . . .
Title: Re: That Box of Chocolates. Or Not. (Defenestrating Fraud Laws)
Post by: 230RN on June 19, 2014, 05:38:15 AM
"If it ain't illegal, it must be ethical."