And so we come back to where we started—the decision not to go after Goldman Sachs. Normally, the Justice Department doesn't comment on its pending investigations. But for Goldman, the rules are different. Justice issued an unusual statement saying the firm wouldn't be criminally charged, as prosecutors didn't believe they could meet the burden of proof necessary to win a trial. Earlier last week, Goldman disclosed that the SEC wouldn't be pursuing criminal charges against the firm, despite having issued Goldman a "Wells notice" of its investigation. Dropping an investigation after issuing such a notice is not altogether unprecedented– but is also rare.