Monday, 28 July 2014
Last updated 9 hours ago
Jul 5 2012 | 10:52am ET
A federal appeals court has rejected Goldman Sachs' appeal of a $20.6 million arbitration award stemming from the Bayou Group hedge fund scandal.
A three-judge panel of the U.S. Second Circuit Court of Appeals ruled that the bank, which cleared trades for Bayou, did not meet the "manifest disregard standard;" Goldman claimed the Financial Industry Regulatory Authority arbitration panel ignored the law.
"The manifest disregard standard is, by design, exceedingly difficult to satisfy, and Goldman has not satisfied it in this case," the judges ruled.
The FINRA panel's award, to Bayou's unsecured creditors, is the largest ever levied against a securities firm. Bayou's unsecured creditors alleged that Goldman Sachs Execution and Clearing, which cleared trades for Bayou, showed "either gross negligence or a willful choice to ignore signs of fraud." Bayou collapsed five years ago, costing investors more than $400 million.
The Second Circuit ruling upheld a lower court decision, in which U.S. District Judge Jed Rakoff wrote that Goldman had "voluntarily" agreed to arbitration and "must suffer the consequences."
It is unclear whether Goldman will further appeal the ruling by seeking a hearing by the full Second Circuit.
Bayou's creditors are "gratified that they're getting closer to having some of their losses covered by this victory," a lawyer for the group, John Rich, said.
Jul 8 2014 | 10:48am ET
The surge in derivatives regulation is among the most complex challenges facing the financial services industry today. Northern Trust’s Joshua Satten recently spoke with FINalternatives to share insights into the challenges presented by new regulation and explore how the industry is responding. Read more…