Published: Apr 27, 2010 11:33 AM EDT

     WASHINGTON (AP) - The CEO of Goldman Sachs and other executives
from the Wall Street powerhouse are coming before Congress 10 days
after the government accused the firm of fraud. The Senate panel
hearing their testimony Tuesday alleges that Goldman used a
strategy that allowed it to profit from the housing meltdown and
reap billions at the expense of clients.
      Goldman executives misled investors in complex mortgage
securities that turned toxic, investigators for the Senate
subcommittee say. They point to a trove of some 2 million e-mails
and other Goldman documents obtained in an 18-month investigation.
Excerpts from the documents were released Monday, a day before the
hearing bringing CEO Lloyd Blankfein and the others before the
Senate Permanent Subcommittee on Investigations.
      Blankfein says in his prepared testimony that Goldman didn't bet
against its clients and can't survive without their trust.
      Also appearing Tuesday: Fabrice Tourre, a Goldman trading
executive who, federal regulators say, marketed an investment
designed to lose value. Tourre who famously called himself in a
January 2007 e-mail "The fabulous Fab ... standing in the middle
of all these complex, ... exotic trades he created."
      The Securities and Exchange Commission this month filed a civil
fraud case against Goldman, saying it misled investors about
securities tied to home loans. The SEC says Goldman concocted
mortgage investments without telling buyers they had been put
together with help from a hedge fund client, Paulson & Co., that
was betting on the investments to fail. The agency also charged
Tourre.
      Goldman disputes the charges and says it will contest them in
court.
      At the hearing, Blankfein will repeat the company's assertion
that it lost $1.2 billion in the residential mortgage meltdown in
2007 and 2008 that touched off the financial crisis and a severe
recession.
      He also will argue that Goldman wasn't making an aggressive
negative bet - or short - on the mortgage market's meltdown.
      "We didn't have a massive short against the housing market, and
we certainly did not bet against our clients," Blankfein says in
the prepared remarks released by Goldman. "Rather, we believe that
we managed our risk as our shareholders and our regulators would
expect."
      But Sen. Carl Levin, D-Mich., the subcommittee chairman, said
Monday: "I think they're misleading the country. ... There's no
doubt they made huge money betting against the (mortgage) market."
      Goldman "knew of Paulson's involvement in the selection" of
securities, Levin told reporters. "They knew Paulson was going
short."
      Goldman has fought back against the fraud charges with a public
relations blitz aimed at discrediting the SEC's case and repairing
the bank's reputation. Some big clients are publicly backing the
firm. But its stock has yet to recover from the fall that followed
the SEC lawsuit on April 16.
      The subcommittee, which is investigating Goldman's role in the
financial crisis, provided excerpts of e-mails showing a
progression from late 2006 through the full-blown mortgage crisis a
year later. Levin said they show Goldman shifted in early 2007 from
neutral to a short position, betting that the mortgage market was
likely to collapse.
      "That directional change is mighty clear," Levin said. "They
decided to go gangbusters selling those securities" while knowing
they were toxic.
      "We have a big short on ...," Tourre wrote in a December 2006
e-mail.
      Daniel Sparks, a former head of Goldman's mortgages department,
wrote to other executives in March 2007, "We are trying to close
everything down, but stay on the short side." Sparks also is
scheduled to testify at Tuesday's hearing.
      The issue of how much Goldman executives pushed such policies
and were aware of the mortgage trading department's practices is a
key one emerging before the Senate hearing.
      The 140-year-old investment house's trading strategy in recent
years enabled it to weather the financial crisis better than most
other big banks. It earned a blowout $3.3 billion in the first
quarter of this year.
      Even before the SEC filed its fraud charges, Goldman denied that
it bet against clients by selling them mortgage-backed securities
while reducing its own exposure to them by taking short positions.
      By the Senate subcommittee's reckoning, Goldman made about $3.7
billion from its short positions in several complex mortgage
securities called collateralized debt obligations in 2006-2007. The
short positions made up about 56 percent of its total risk during
the period, the investigators found.
      But the company says it lost $1.2 billion when it sold home
mortgage securities in 2007 and 2008.
      According to a November 2007 internal Goldman e-mail: "Of
course we didn't dodge the mortgage mess. We lost money, then made
more than we lost because of shorts."
      In addition to the $2 billion collateralized debt obligation
that's the focus of the SEC's charges against Goldman, the
subcommittee analyzed five other such transactions, totaling around
$4.5 billion. All told, they formed a "Goldman Sachs conveyor
belt," the Senate panel said, that dumped toxic mortgage
securities into the bloodstream of the financial system.
      The firm's correspondence to the SEC dated Oct. 4, 2007,
includes this: "During most of 2007, we maintained a net short
subprime (mortgage) position and therefore stood to benefit from
declining prices in the mortgage market."
      In his prepared remarks, Blankfein acknowledges, "We have to do
a better job of striking the balance between what an informed
client believes is important to his or her investing goals and what
the public believes is overly complex and risky."
      He adds, "If our clients believe that we don't deserve their
trust, we cannot survive."