Basis Battles Back Against Goldman Dismissal Bid

Aug 26 2010 | 12:51pm ET

Collapsed Australian hedge fund Basis Capital has said that if Goldman Sachs’ bid to dismiss its $1 billion lawsuit is successful, it would render U.S. securities laws useless.

Basis, which accuses Goldman of misleading investors in a collateralized debt obligation that one of its own executives described as a “shitty deal,” urged U.S. District Judge Barbara Jones to reject Goldman’s dismissal bid, calling it an “improper distraction.” Goldman has argued that a recent U.S. Supreme Court decision that forbids federal securities fraud lawsuits filed by foreign buyers of foreign securities traded abroad bars Basis’ suit.

“Goldman’s thesis, if adopted, would render the U.S. securities laws a nullity any time a U.S. seller engages in fraud in effecting the sale of a security to a foreign purchaser,” Basis said in its response to Goldman this week. In any case, the hedge fund wrote, the $78 million deal “was a New York sales transaction from start to finish.”


In Depth

Debunking Conventional Investment Wisdom

Feb 8 2017 | 3:22pm ET

Due diligence in the hedge fund world has long involved some combination of the...

Lifestyle

'Tis the Season: Wall Street Holiday Parties Back In Fashion

Dec 22 2016 | 9:23pm ET

Spending on Wall Street holiday parties has largely returned to pre-2008 levels...

Guest Contributor

iCapital Network: The Trump Effect On Direct Lending

Feb 23 2017 | 4:21pm ET

The arrival of the Trump Administration has raised questions among private debt...

 

From the current issue of