. CRIME AND CRIMINALS : INVESTIGATIONS : BANKS AND BANKING : INVESTMENT : BUSINESS: CORPORATIONS: GOLDMAN SACHS : CONSUMER AND INTERNET FRAUD HOAXES AND SCAMS: Goldman Scrutinized by U.S. Prosecutors Examining SEC Case Goldman Scrutinized by U.S. Prosecutors Examining SEC Case April 30, 2010, 12:06 AM EDT By Justin Blum and David Glovin Bloomberg Business Week <http://www.businessweek.com/news/2010-04-30/ goldman-scrutinized-by-u-s-prosecutors-examining-sec-case.html> A shorter URL for the above link: <http://tinyurl.com/274y828>April 30 (Bloomberg) -- Federal prosecutors in New York are investigating transactions by Goldman Sachs Group Inc., accused of misleading investors by U.S. securities regulators, to determine whether to pursue a criminal fraud case, according to two people familiar with the matter.
The federal review, which lawyers say is common in such a high-profile case, is being done by the U.S. attorney in Manhattan, said the people, who werent authorized to comment and spoke on condition of anonymity.
The Securities and Exchange Commission filed a civil lawsuit against Goldman Sachs on April 16 alleging fraud tied to collateralized debt obligations that contributed to the worst financial crisis since the Great Depression. The burden of proof in a criminal case would be higher than in the SECs civil case. Criminal allegations have to be proven beyond a reasonable doubt.
Based on public reports about the SEC matter, a criminal case may be difficult, said Douglas R. Jensen, an attorney with Park & Jensen LLP in New York. The case appears highly complex and Goldman Sachs would be able to make multiple arguments in its defense, he said in an interview.
In order to proceed criminally in a case, you need to have very clear evidence of lying, cheating and stealing, said Jensen, a former deputy chief of the criminal division of the U.S. attorneys office in the Southern District of New York who served on that offices securities fraud task force.
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