Oil Price Manipulation - Goldman Sachs and SemGroup

I know that speculators and manipulators was a big topic of discussion when the price of oil rose to a record $147/bbl last summer. Since then, talk has lost steam as a result of prices dropping back down to around the $50/bbl level. However, it now seems like we have the beginnings of some proof about manipulation of the price of oil by Goldman Sachs that I find very interesting. Unfortunately, it does not seem to be much of a mainstream press story.

The background relates to a very large private Oklahoma based midstream energy company named SemGroup, L.P. SemGroup was a midstream company that provided gathering, transportation, storage, distribution, and marketing services to a oil and natural gas producers. The bulk of their operations were in the U.S. although they did have international operations as well. SemGroup also owned a large percentage of the units of a publicly traded master limited partnership (“MLP”) that it created in 2007 named SemGroup Energy Partners, L.P. From this public MLP, we are able to find out a significant amount of information about its parent company. The public filings for the MLP can be found here.

SemGroup was a very active commodities trader and derived significant profits from its trading operations over the years. They also proved to be the company’s undoing as they essentially bet that the price of oil would go down through their trading activities and would up incurring massive mark-to-market trading losses of approximately $2.4 billion by July 2008 as the price of oil kept rising. They ended up having an approximate $500 million margin call that they were unable to meet and they stunningly filed bankruptcy on 7/22/08. The amazing thing is that there were essentially no warning signs that the company was in trouble. It turns out that the company was using commodity derivatives to speculate rather than hedge their operations, which violated the terms of their bank lines of credit. They were also likely fraudulently providing false reports to their banks and they were certainly not abiding by the terms of their internal risk policies. The prime culprit in all of this was their President and Chief Executive Officer, Tom Kivisto, who was responsible for the trading activities.

A very detailed and interesting report was recently completed by former FBI director, Louis Freeh, who was appointed by the bankruptcy court to perform an examination of the events that led to SemGroup’s bankruptcy. A PDF of the report can be found here.

Now comes the interesting part. There is circumstantial evidence that Goldman Sachs may have pushed SemGroup into bankruptcy by manipulating the price of oil through its trading company, J. Aron & Co. Basically, SemGroup attempted to raise capital through a private placement of equity in December 2007. Goldman Sachs was the main party that SemGroup was negotiating with, and, in fact, Goldman had previously completed two prior equity private placements for SemGroup. It is alleged that during Goldman’s due diligence process they became aware of SemGroup’s trading positions and manipulated the price of oil upwards.

A recent Forbes article summarizes this here.

I don’t really have a debate for this other than, I guess, did Goldman Sachs manipulate the price of oil.

You will recall that Goldman Sachs was one of the primary parties talking up the price of oil last year: Oil to $200/bbl.

Finally, the effect of this would obviously have been felt worldwide by every consumer of oil. John Catsimatidis, the man attempting to reorganize SemGroup, estimates this as a $500 billion fraud on the world, which would have been the effect of a $50/bbl increase on oil for 100 days.

It seems too early to say. The remarks from the SemGroup parties are self-serving and may be intended to divert blame away from their own disastrous trading strategy. Or they may be true. We probably can’t make any sort of informed decision without some sort of independent confirmation.

That would be a much more damning article if Forbes got anything right in the last ten years or so. Any time I’ve been involved with something Forbes has reported on, they’ve usually been somewhere between ninety percent and a hundred percent wrong. As in, using the wrong names for people, and so on.

Unfortunately, I don’t think it is likely that there will be any real investigation. Allegations like these are very difficult to prove. Certainly we know that Goldman was knowledgeable about SemGroup’s trading positions. We also know that another area of Goldman would profit by making the market move opposite to SemGroup’s positions. We further know that another area of Goldman was pumping the price of oil. Theoretically, these groups should have a wall of separation between them.

Goldman are well known as a bunch of duplicitous bastards that are certainly not averse to market manipulation and trading against their clients, and I can’t understand why anyone does business with them.

That said, this is essentially whinging by an idiot who destroyed his company by straying well outside the bounds of their expertise, so ignore these claims :smiley:

Hardly. The whining is being done by John Catsimatidis, who only became involved after SemGroup filed for bankruptcy. He is attempting to take over the company and help it emerge from chapter 11. He had nothing to do with the company’s failure and/or derivatives trading.

Further, stating that the company failed by straying outside the bounds of their expertise is a little strange. The were one of the largest traders in the world. They had made huge profits in trading. They failed because their risk management policies were not being followed and because their CEO, Tom Kivisto, was using derivatives to speculate rather than to hedge.

They clearly didn’t have any expertise (the real kind, and distinct from experience) otherwise they wouldn’t have blown up.

Make up your mind, were they supposed to have been hedging or speculating?

There were supposed to have been hedging. They were speculating instead. The fact that they were speculating and bet on the price of oil to go down when instead it rose to a record high is what caused them to blow up. That as well as the inability of them to raise capital to meet their margin calls.

http://www.foxnews.com/story/0,2933,166038,00.html Even the radical lefties on Fox admit oil speculation is a factor.

Right, so they strayed outside their competency and became speculators*, and inept ones at that… and there is no way that a rogue CEO could have done this in isolation either.

gonzomax what was driving the oil price is not relevant, a competently risk managed hedging program would still not have blown up :slight_smile:

*Not at all uncommon, the amount of so called hedges that are really speculation are just one reason working out what’s really going on in a company is so damn hard.

You are completely missing the point. I think it is reasonably well covered that SemGroup fraudulently broke their contractual restrictions against speculative trading. Further, this went against their risk management policy. However, the larger issue is that Goldman Sachs may have taken advantage of that information, which they learned through their potential equity raise, and profited by manipulating the price of oil.

Also, if you would actually take the time to learn what you are talking about instead of just spouting off uneducated opinions, you would see that that independent bankruptcy court examiner did basically find that the CEO, Tom Kiviston, ran all trading operations. From the investigation:

He did ultimately hire two individuals to assist him, however, the report finds that they had little commodity trading experienced and did what Kivisto directed.

The report does fault other members for not following through on certain parts of their risk management policy; however, that mainly revolved around not overseeing Kivisto’s activities.

Finally, fraudlently implementing a speculative trading strategy in violation of their contracts in the size and scope of this is highly uncommon. They were trading somewhere around 20% of the country’s crude inventories. This is fraud that impacted more than 60 banks that participated in SemGroup’s credit facility including most of the country’s and world’s largest financial institutions.

It’s very common, as it happens. And I don’t believe the board had no idea what was going on. If nothing else the CFO should have noticed as it would seem that the position sizes well exceeded legitimate hedge positions.

A couple of other brief points:

20% of crude oil inventories != 20% of open interest.

Goldman, bastards that they are (the most recent bastardish thing I can think of them doing involves inflation derivatives, but I’m not sure how easy it will be to find information on that publically) own stakes in all kinds of crap. That doesn’t mean they’re corruptly using these stakes for insider trading.

A 500 000 barrel call is 500 lots, which is to say absolutely nothing :slight_smile: