I’ve been extremely critical of Goldman Sachs. The bonuses, funded by taxpayer bailouts, teed me off. And back on January 2, I asked, What does $22 billion in Goldman bonuses buy? Now, I have a different concern:

Is the prosecution of Goldman Sachs going too far?

Federal prosecutors are considering a criminal case against employees. This isn’t about fines. This is about hard time behind bars. It’s not clear, though, whether the firm broke rules other than fair play. Here’s what President Clinton says:

“I’m not at all sure they violated the law, but I do believe that there was no underlying merit to the transaction and that’s what I think we need to look at,” he said yesterday about the Securities and Exchange Commission suit filed earlier this month alleging Goldman Sachs misled investors in a mortgage-linked investment.

Has discussion swung from financial reform to zero-sum politics, where Democrats and Republicans are always reaching for new ways to club each other?

Creating zero-value-added instruments like “synthetic CDOs” is one thing. Putting people in jail for “toxic waste” is another. Call me cynical. But the DOJ’s involvement seems like a politically-timed salvo to further financial reform when bipartisan politics are undermining productive discussion.

Yikes. That last sentence was a mouthful. Said more simply—Democrats and Republicans don’t talk to each other. Why introduce criminal charges when the foundation for a civil suit may be shaky?

What’s the cost of piling on Goldman Sachs?

For all the bad behavior at Goldman Sachs and/or other firms, Wall Street plays an essential role. Businesses can’t grow without capital. There are unintended consequences when emotions swing too far in one direction and anger clouds productive thought.

Maybe Uncle Sam is too big to do the right thing. What do you think?

Norb Vonnegut