Predictably enough GS is now setting up a 'lone rogue trader' defense
(used to be called the scapegoat or patsy defense):

http://www.businessweek.com/news/2010-04-20/goldman-sachs-says-sec-case-hinges-on-actions-of-one-employee.html

excerpt:

 ‘He Said-She said’

The SEC complaint “clearly revolves a little bit around ‘he said-she
said,’ ” Palm said, and hinges on whether Tourre misled ACA into
believing that Paulson was investing in the deal instead of betting
against it.

Byron Georgiou, a member of a U.S. panel that’s investigating the
financial crisis, said he doubts Goldman Sachs could make a convincing
case that Tourre acted alone and without the full support of his
superiors.

“It’s hard to imagine that there wasn’t some supervision of a
27-year-old, at that time, trader structuring a billion- dollar
transaction on which Goldman made a $15 million fee,” Georgiou, who
serves on the Financial Crisis Inquiry Commission, said in a Bloomberg
Television interview.

Palm said Tourre “believes that he indicated” to ACA that Paulson was
interested in taking a “short” position on the deal, meaning he was
betting against it, Palm said. “Our employee certainly knows that he
did not represent to ACA or indicate in any way that Paulson was going
to be an equity investor in this transaction.”

Goldman Sachs, which vowed on April 16 that it would “vigorously
contest” the SEC’s suit, isn’t ruling out a potential settlement, Palm
said.

“You go to trial, which is what we’re doing, and you always have the
option of, if there is an agreeable settlement to both sides, of
settling at any point in time,” he said.

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