Goldman's Day in the Klieg Lights

“Mr. Chairman, I cannot help but get a feeling that a strategy of the witnesses is to try to burn through the time of each questioner,” Sen. Susan Collins said during last week’s Goldman Sachs hearing before the Senate.

Was this a reference to a story I wrote last year for The American Lawyer about, K. Lee Blalack II, a partner at O’Melveny & Myers who was reportedly retained by Goldman?

Click here to read a pdf of the article.

My story was about a group of lawyers who specialize in guiding firms and individuals who are in the crosshairs of the U.S. Senate’s Permanent Subcommittee on Investigations (PSI), perhaps the most powerful investigative committee on Capitol Hill.

Blalack is a former chief counsel to the subcommittee, a job once held by Bobby Kennedy and Roy Cohn, where he learned how effective a tactic delay can be:

So to avoid having his client get buried, how does Blalack prepare him or her for a day before the committee? He tells them that the congressional hearing room is not a forum for getting at the truth. Don’t get on a soapbox. A day in the klieg lights should end with minimal damage to reputation while not complicating a client’s position in other investigations or litigation. Blalack says a well-trained witness can minimize exposure by simply running out the clock: “Long, thoughtful pauses followed by rambling nonresponsive answers can easily devour half of a member’s allotted questioning time.”

Talking Points Memo said this quote explains Goldman’s entire strategy during the PSI hearing..

But I wonder if Collins had her tongue firmly pressed in her check. The woman from Maine has served on PSI for the past 13 years and is no stranger to the Kabuki-like drama of these hearings.

Her chief counsel? None other than K. Lee Blalack.

The Rise and Fall of Eliot Spitzer

My review of Rough Justice, the new biography of Eliot Spitzer by journalist Peter Elkind is the review of the week at Time Out New York.

Here’s an excerpt:

We may never know what launched the federal investigation of Emperors Club VIP, the New York City call-girl ring. It wasn’t the sort of case that attracted the FBI, which normally wouldn’t have bothered to wiretap the sweaty, Russian-born pimp in his sixties who ran the operation with his much younger girlfriend. The bureau also wasn’t in the habit of busting johns. What is clear is that from day one, the real target of the investigation was Client No. 9, Eliot Spitzer.

Did someone drop a dime and tip off the feds? It sure seems that way. Rough Justice, journalist Peter Elkind’s revealing and sympathetic biography of the disgraced governor, is peppered with hints that the politician’s secret life wasn’t so secret. According to Elkind, even Mario Cuomo believed Spitzer was “unfit” to be governor for reasons that cryptically had something to do with the “relationship between a man and a woman.” Spitzer privately believes that the investigation was a political hit by one of the enemies he made during his crusade against Wall Street. His loyal wife, Silda, has come to believe this, too. In the end, it doesn’t matter. Spitzer, the man once known as the Sheriff of Wall Street, handed his enemies the ammunition they needed.

Ray Lucia Defamation Threat

For more visit: A Professional’s View of Ray Lucia’s Non-Traded REITs

Investor and local radio talk show host Ray “Buckets of Money” Lucia has threatened to sue me for $300,000 for defamation over a blog post I wrote last month.

Robert K. Butterfield, a San Diego attorney, is outraged that I dared to besmirch the good name of Raymond J. Lucia, who dispenses financial wisdom on a daily radio show in several big media markets. This is after all the same man actor Ben Stein recently described in an opinion piece in The New York Times as a “stock guru.”

Attorney Butterfield insists that I must stop pointing out Lucia’s relationship to San Diego-based First Allied Securities, which recently agreed to pay nearly $2 million to settle U.S. Securities and Exchange Commission charges that it failed to supervise one of its employees.

He also demands that I never again repeat the blasphemy that fees for Lucia account run as high as 2 percent, paid quarterly in advance. (Lucia Defamation Threat Letter)

Your statement that Mr. Lucia’s company has never charged a management fee of 2% is completely false and another intentional malicious act. His company has never charged a management fee of over 1% even though they have the ability to charge up to 2% — but you did not bother to check this — did you?

Even though Lucia’s own SEC disclosure plainly states “The standard annual managed fees for RJL [Raymond J. Lucia] Adviser Directed accounts are 2 percent,” Attorney Butterfield has a point. Fees for one “wealth management” program pushed by Lucia actually run as high as 2.9 percent

That is an eye-popping number. It’s about half of the compound rate of return of the Dow Jones Industrial Average for the past 50 years. That fee is assessed on the entire value of whatever you invest with Lucia, even if he loses money. It makes me wonder whose wealth is really being “managed” here.

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SD Co. pension responds to my story

Lee Partridge, the investment consultant for the $7.2 billion San Diego County retirement fund, responded at yesterday’s board meeting to my story that appeared April 4 in the Voice of San Diego about the fund’s $2.5 billion bet on leveraged Treasuries.

Lee and I spoke this morning and he sent along the written response that he presented to the board, which appears below. You can also watch his presentation at yesterday’s board meeting by clicking here.

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Ex-UT Veteran Edits A Second Pulitzer Story

If they gave out Pulitzers for editing, Susan White, who left The San Diego Union-Tribune in 2007, would have collected her second yesterday.

Susan White

White is now in New York at ProPublica, the online investigative site, where she edited Sheri Fink’s story that claimed a Pulitzer for investigative reporting. This is the first time an online site has won journalism’s top honor.

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