Quote from Specterx:
Whether or not it's illegal, it's clearly unethical to recommend that a client engage in a trade when you yourself are taking the opposite side. It's little different than a penny stock pump n' dump scheme. Brokers should definitely have a fiduciary duty to clients, to the point where an arrangement like the OP describes would constitute fraud. It's one thing to give poor advice or make a bad call, quite another to advise a client to buy security X when you yourself are shorting it.
A big part of the problem is that an institution like GS combines market-making, prop trading and research/advisory businesses under one roof. A bigger part are the multiple bailouts and tremendous government subsidies to the finance industry that allow the bad apples to take infinite do-overs.
Alright I think there is a fundamental misunderstanding about the products involved in this case... please read this before you blame Goldman for "taking the opposite side."
Synthetic CDOs were created to replicate the payment structure of a CDO. Why was this done? Too much demand for MBS and not enough actual assets. So they created a CDO synthetically using a portfolio of Credit Default Swaps to mirror the underlying CDO.
Now on to the more important and relevant portion: A Synthetic CDO cannot exist without a long and a short. It can't. Impossible to do since it is a financial derivative and not an actual asset (though the value relates to one). Everyone in the mortgage business knows this, if Paulson wasn't taking the opposite side of the deal, GS would have had to act as a principal and take the opposite side. If GS was CERTAIN that the mortgage market was going to fall, they would have just taken the opposite side themselves of every synthetic mortgage deal, and they did not come close to doing this. They mostly just lowered their risk and went slightly net short.
There has been a big stink about Paulson suggesting securities to go into the deal, but what people often overlook is that IKB also suggested securities. Why? Based on the nature of Synthetic CDOs I explained before, there has to be a long and short. As a result, the two sides have to come to an agreement on the underlying securities in the deal. Add in the fact that half of Paulson's suggestions were discarded, you have to realize that due diligence was done... but few (and certainly none of the ratings agencies or even the buyers themselves) could fathom how quickly delinquencies and foreclosures would accelerate combined with crash in housing prices (the collateral) would occur.
Keep in mind this was not some Joe Schmo who got swindled taking the long side of the deal. The parties were ACA and IKB. I don't know as much about IKB, but I'm familiar with ACA from my time at a Mortgage IB (and they had something like 90% of the deal anyway). They are sophisticated. Super sophisticated in the mortgage market. All they do is deal with mortgages and insurance on mortgage products. To somehow believe that they did not do due diligence on this is absolutely ridiculous. They had a desire for these types of securities, and liked the price. Sometimes people just take the wrong side of the trade, you have a view and it is wrong. Anyone who has ever traded knows this. It just so happens that they were really, really wrong with their market view and they lost. Cest la vie.
Now, to the point about ethics. As a market maker you are not an investment advisor. Your sole purpose is to make a market... aka provide a bid/ask. Once again, we're not talking about some clueless retail investor, these are institutions: HFs, Massive Corps, Central Banks, etc. They call you up and you give them a price, if they don't like it they can and will trade away with another firm. It's how it works. Now, those who are upset and say the desk shouldn't take the opposite side, realize that by having a view, you are essentially providing the market participants (aka clients) with better pricing. Why? If your desk is flat or short but want long exposure, what do you do? You want to bid. In market terms, you are a "Better Buyer." This means clients are getting a better rate from you than they are other market makers. This is beneficial to them! Same goes for selling, if the desk is Long or Flat, you want to sell more, so you are a "Better Seller." You can provide securities to clients who want them and lower price than other market participants. That's what clients generally want, a nice price. The market benefits from this.
That's about all I have right now, would be happy to clarify anything. Sorry for the length.