A.I.G. Lists the Banks to Which It Paid Rescue Funds

doug reich

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Why is this news? The whole reason they were bailed out was because they were counterparty to many other institutions. Is this the newspaper and lawmakers being clueless or worse, or is there more to this situation than is getting reported?

http://www.nytimes.com/2009/03/16/business/16rescue.html?_r=1&hp
March 16, 2009
A.I.G. Lists the Banks to Which It Paid Rescue Funds

By MARY WILLIAMS WALSH
Amid rising pressure from Congress and taxpayers, the American International Group on Sunday released the names of dozens of financial institutions that benefited from the Federal Reserve’s decision last fall to save the giant insurer from collapse with a huge rescue loan.
Financial companies that received multibillion-dollar payments owed by A.I.G. include Goldman Sachs ($12.9 billion), Merrill Lynch ($6.8 billion), Bank of America ($5.2 billion), Citigroup ($2.3 billion) and Wachovia ($1.5 billion).
Big foreign banks also received large sums from the rescue, including Société Générale of France and Deutsche Bank of Germany, which each received nearly $12 billion; Barclays of Britain ($8.5 billion); and UBS of Switzerland ($5 billion).
A.I.G. also named the 20 largest states, starting with California, that stood to lose billions last fall because A.I.G. was holding money they had raised with bond sales.
In total, A.I.G. named nearly 80 companies and municipalities that benefited most from the Fed rescue, though many more that received smaller payments were left out.
The list, long sought by lawmakers, was released a day after the disclosure that A.I.G. was paying out hundreds of millions of dollars in bonuses to executives at the A.I.G. division where the company’s crisis originated. That drew anger from Democratic and Republican lawmakers alike on Sunday and left the Obama administration scrambling to distance itself from A.I.G.
“There are a lot of terrible things that have happened in the last 18 months, but what’s happened at A.I.G. is the most outrageous,” Lawrence H. Summers, an economic adviser to President Obama who was Treasury secretary in the Clinton administration, said Sunday on “This Week” on ABC. He said the administration had determined that it could not stop the bonuses.
But some members of Congress expressed outrage over the bonuses. Representative Elijah E. Cummings, a Democrat of Maryland who had demanded more information about the bonuses last December, accused the company’s chief executive, Edward M. Liddy, of rewarding reckless business practices.
“A.I.G. has been trying to play the American people for fools by giving nearly $1 billion in bonuses by the name of retention payments,” Mr. Cummings said on Sunday. “These payments are nothing but a reward for obvious failure, and it is an egregious offense to have the American taxpayers foot the bill.”
An A.I.G. spokeswoman said Sunday that the company would not identify the recipients of these bonuses, citing privacy obligations.
Ever since the insurer’s rescue began, with the Fed’s $85 billion emergency loan last fall, there have been demands for a full public accounting of how the money was used. The taxpayer assistance has now grown to $170 billion, and the government owns nearly 80 percent of the company.
But the insurance giant has refused until now to disclose the names of its trading partners, or the amounts they received, citing business confidentiality.
A.I.G. finally relented after consulting with the companies that received the government support. The company’s chief executive, Edward M. Liddy, said in a statement on Sunday: “Our decision to disclose these transactions was made following conversations with the counterparties and the recognition of the extraordinary nature of these transactions.”
Still, the disclosure is not likely to calm the ire aimed at the company and its trading partners.
The Fed chairman, Ben S. Bernanke, appearing on “60 Minutes” on CBS on Sunday night, said: “Of all the events and all of the things we’ve done in the last 18 months, the single one that makes me the angriest, that gives me the most angst, is the intervention with A.I.G.”
He went on: “Here was a company that made all kinds of unconscionable bets. Then, when those bets went wrong, they had a — we had a situation where the failure of that company would have brought down the financial system.”
In deciding to rescue A.I.G., the government worried that if it did not bail out the company, its collapse could lead to a cascading chain reaction of losses, jeopardizing the stability of the worldwide financial system.
The list released by A.I.G. on Sunday, detailing payments made between September and December of last year, could bolster that justification by illustrating the breadth of losses that might have occurred had A.I.G. been allowed to fail. Some of the companies, like Goldman Sachs and Société Générale, had exposure mainly through A.I.G.’s derivatives program. Others, though, like Barclays and Citigroup, stood to lose mainly because they were customers of A.I.G.’s securities-lending program, which does not involve derivatives.
But taxpayers may have a hard time accepting that so many marquee financial companies — including some American banks that received separate government help and others based overseas — benefiting from government money.
The outrage that has been aimed at A.I.G. could complicate the Obama administration’s ability to persuade Congress to authorize future bailouts.
Patience with the company’s silence began to run out this month after it disclosed the largest loss in United States history and had to get a new round of government support. Members of Congress demanded in two hearings to know who was benefiting from the bailout and threatened to vote against future bailouts for anybody if they did not get the information.
“A.I.G.’s trading partners were not innocent victims here,” said Senator Christopher J. Dodd, the Connecticut Democrat who presided over one recent hearing. “They were sophisticated investors who took enormous, irresponsible risks.”
The anger peaked over the weekend when correspondence surfaced showing that A.I.G. was on the brink of paying rich bonuses to executives who had dealt in the derivative contracts at the center of A.I.G.’s troubles.
Representative Barney Frank, Democrat of Massachusetts and chairman of the House Financial Services Committee, implicitly questioned the Treasury Department’s judgment about the whether the bonuses were binding.
“We need to find out whether these bonuses are legally recoverable,” Mr. Frank said in an interview Sunday on Fox News.
Many of the institutions that received the Fed payments were owed money by A.I.G. because they had bought its credit derivatives — in essence, a type of insurance intended to protect buyers should their investments turn sour.
As it turned out, many of their investments did sour, because they were linked to subprime mortgages and other shaky loans. But A.I.G. was suddenly unable to honor its promises last fall, leaving its trading partners exposed to potentially big losses.
When A.I.G. received its first rescue loan of $85 billion from the Fed, in September, it forwarded about $22 billion to the companies holding its shakiest derivatives contracts. Those contracts required large collateral payments if A.I.G.’s credit was downgraded, as it was that month.
Among the beneficiaries of the government rescue were Wall Street firms, like Goldman Sachs, JPMorgan and Merrill Lynch that had argued in the past that derivatives were valuable risk-management tools that skilled investors could use wisely without any intervention from federal regulators. Initiatives to regulate financial derivatives were beaten back during the administrations of Presidents Bill Clinton and George W. Bush.
Goldman Sachs had said in the past that its exposure to A.I.G.’s financial trouble was “immaterial.” A Goldman Sachs representative was not reachable on Sunday to address whether that characterization still held. When asked about its exposure to A.I.G. in the past, Goldman Sachs has said that it used hedging strategies with other investments to reduce its exposure.
Until last fall’s liquidity squeeze, A.I.G. officials also dismissed those who questioned its derivatives operation, saying losses were out of the question.
Edmund L. Andrews and Jackie Calmes contributed reporting.
 
People were suspecting before that behind AIG's bailout was Goldman Sachs. Now it just became obvious.
 
There is no evidence to your statement.
Just saying that GS had the highest balance and that Paulson was a CEO of GS is not sufficient. Other banks have "profited" too from surival of AIG. More importantly, these are not "stolen" money. This is poor strategy on AIG side.
If the other banks have made a profit, good for them. GS, Merril and the others were exposed to credit risk, so it wasn't a "risk-free" benefit.

This is not a charitable market. If government decides to keep AIG alive, then they need to respect the signed contracts.
 
There's definitely a conflict of interest, or at least an appearance of a conflict of interest, when the Treasury secretary is faced with deciding whether to save his old firm from a $12 billion loss. But what's the solution? The people who will know the most about how the financial system operates will in most cases have worked for the financial system. Surely we don't want to require that every high-ranking government official be born into wealth like Geithner.
 
Surely we don't want to require that every high-ranking government official be born into wealth like Geithner.

Although I agree with you, let's look at the other side of this. Maybe if every high-ranking govt official were born into wealth like Geithner the IRS would be a less fearsome entity.
 
AIG is contractually obliged to pay its counter parties, just like it is under contract to pay its executives $165M in bonus.
The government is working overtime to recoup the bonus but I doubt they would do anything to recoup the payments to GS, DB and the like.
 
The government is working overtime to recoup the bonus but I doubt they would do anything to recoup the payments to GS, DB and the like.

Very unlikely to find this in mildly regulated OTC contracts. For standard contracts like CDS or vanilla swaps, there is nothing that can be done.
The question is really if something should be done? As a tax-payer, I agree that you don't want to pay for bad decisions by AIG execs. On the other hand, some contracts are a zero-sum game, it is normal that one side makes a profit equal to the loss of the counterpart. It is expected from contract initiation.

A couple of other observations:
- I've spoken to a few people which were surprised that GS stated they have limited exposure to AIG. This is normal practice. They can always state that a hedging strategy was put in place in case of AIG default. No company will reveal a counterparty risk especially in these times.
- Too many people are convinced that Paulson lead a GS friendly policy just because he was a CEO. However he supported just the same institutions like Citi, BofA, JP Morgan or AIG. You can argue only that he lead a policy in close relation to Wall Street. I don't see how GS got preferential treatment versus the others.
- "Interference" between Government and large banks is good and bad. Yes there is a good side too. Is anyone under the impression an individual investor can understand in detail the interactions between these corporations? A few hundred people had such a privilege.
Geithner will never be better in negotiating with a financial institutional than somebody that did this for 10+ years.
- Some senators are riding the "Anti-Wall-Street" sentiment and moving to proletary&protectionist measures, excellent technique. I hope Americans will never have a ermetic system like Eastern Europe in the eighties. People that have grown up in such environments will realize the risks of policy: "power to the people"
 
U.S. President and taxpayers must hate the figure $250,000. :) Now it's on the way to be law! -------- 90% tax rate on bonus for those get more than $250,000.
Good luck with Merill guys this year to keep the bonus.

from Bloomberg------U.S. House Passes 90 Percent Tax on Employee Bonuses

By Ryan J. Donmoyer
March 19 (Bloomberg) -- The U.S. House, moving swiftly in response to public outrage, voted to impose a 90 percent tax on employee bonuses at American International Group Inc. and other companies getting at least $5 billion in taxpayer bailout funds.
The 328-93 vote came amid a national furor over $165 million in bonuses paid last week by AIG after it received $173 billion in federal bailout funds. The measure would cover companies receiving 75 percent of federal bailout funds, according to the House Ways and Means Committee.
“These people are getting away with murder,” said Ways and Means Chairman Charles Rangel of New York. “They’re getting paid for the destruction they’ve caused to our communities.”
The 90 percent tax would apply to people with income exceeding $250,000, including bonuses. The tax would apply to bonus payments made after Dec. 31, 2008, and it would cease when the U.S. government’s investment in the company fell below $5 billion. The tax wouldn’t apply to any bonus returned to a company. The tax wouldn’t apply to commissions or fringe benefits.
About $3.6 billion in Merrill Lynch & Co. bonuses wouldn’t be affected by the new legislation because they were paid before Dec. 31. Bonuses for employees at Bank of America Corp., Citigroup Inc., JPMorgan Chase & Co., Goldman Sachs Group Inc. and Morgan Stanley would be affected because they were paid after Dec. 31.
The measure also would affect employees of Fannie Mae and Freddie Mac, Rangel said yesterday.
Vote Breakdown
Voting for the measure were 243 Democrats and 85 Republicans; six Democrats and 87 Republicans voted against it. A two-thirds margin was required under a fast-track procedure that barred amendments by opponents.
At the White House, spokesman Robert Gibbs declined to comment immediately.
Senate Finance Committee Chairman Max Baucus of Montana plans to introduce his proposal later today.
“We just want to recover the taxpayers’ money for them,” said Democratic Representative Steve Israel of New York. Those who got the bonuses “are just going to have to tighten their belts just like the rest of America,” he said.
House Republican Leader John Boehner of Ohio opposed the measure, demanding to know who added language to the $787 billion economic stimulus bill last month that protected executive bonuses that were promised before Feb. 11.
Boehner called the measure a “political charade” and said, “Why don’t we just get it all back?” He said Republicans offered an alternative requiring the Treasury secretary to devise a plan within two weeks to get all the bonus money back.
Constitutional Question
Senator Judd Gregg, a New Hampshire Republican, predicted Congress’s efforts to rescind the bonuses through higher taxes would be thrown out in court. He said the legislation violates the Constitutional ban on bills of attainder, which restricts lawmakers’ ability to punish individual Americans.
“It’s basically targeted on a small group of people,” Gregg said. He also said the bill may exceed lawmakers’ power to rewrite existing contracts. He said “of course” the government ought to try to rescind the bonuses “but we’ve got to do it legally.”
The House bill was drafted yesterday as AIG Chief Executive Officer Edward Liddy told a House Financial Services panel that he asked employees who got bonuses over $100,000 to repay half. Employees who made bad trades that triggered the company’s meltdown have been fired and received no bonuses, he said.
Foreign Employees
The legislation wouldn’t attempt to impose the tax on foreign employees of companies such as AIG, said Ways and Means Committee spokesman Matthew Beck. Under a Senate proposal outlined earlier this week, companies would be forced to pay foreign workers’ portion of an excise tax on bonuses if the money couldn’t be collected by using tax treaties.
Baucus and Senator Chuck Grassley of Iowa, the panel’s ranking Republican, said yesterday they sent a letter asking Liddy to identify who got bonuses from AIG, how long they worked for the company and whether they are still employed by it. They also asked Liddy for legal opinions on the risk AIG faced of being sued if it hadn’t paid the bonuses.
Congress is acting after Treasury Secretary Timothy Geithner said in a letter to lawmakers that his department’s lawyers determined it would be “legally difficult” to prevent AIG from paying the bonuses because they were required by contracts.
AIG also budgeted $57 million in “retention” pay for employees who will be dismissed, according to a March 2 filing to the Securities and Exchange Commission.
Political Heat
The political heat generated by the AIG bonuses indicates declining public and congressional support for shoring up beleaguered financial institutions with government funds and may make it tougher for President Barack Obama’s administration to win approval for future bailouts.
The bonus decision “may jeopardize our ability to get the majority of this Congress to support further largess, to provide funds, to prevent a recession, depression or meltdown,” Representative Paul Kanjorski, a Pennsylvania Democrat who heads the capital markets subcommittee, told Liddy at yesterday’s hearing. U.S. House Passes 90 Percent Tax on Employee Bonuses (Update3)
 
I was speaking with a lawyer friend of mine and he said he is skeptical because this law will be never hold up in court. He mentioned couple of things that I'm not familiar with regarding this law targeting a specific group of people.
 
The political apparatus is just playing games..really...first they put the "bonus" loop-hole in the bailout bill, now they are scrambling to tax the same bonus...folks should be as mad at congress as they are at AIG


I was speaking with a lawyer friend of mine and he said he is skeptical because this law will be never hold up in court. He mentioned couple of things that I'm not familiar with regarding this law targeting a specific group of people.
 
I was speaking with a lawyer friend of mine and he said he is skeptical because this law will be never hold up in court.

But even if you win your case in court, it will be a huge headache to sue IRS.
 
I was speaking with a lawyer friend of mine and he said he is skeptical because this law will be never hold up in court. He mentioned couple of things that I'm not familiar with regarding this law targeting a specific group of people.

You mean the constitutional clause prohibiting ex post facto laws?
 
If the "TARP bonus" bill the House passed yesterday becomes law, any of the hundreds of thousands of people who work for Citigroup, Bank of America, AIG, and nine other major US corporations will have to fork over 90 cents of every bonus dollar that puts their household income over $250,000.

That's household income, not individual income. If you're married and filing singly, you'll have to surrender anything over $125,000. Indefinitely.

Is $250,000 per household a lot of money? Sure. But it's not a lot of money for two moderately successful corporate executives. Or a corporate secretary married to a lawyer. (If you're a $40,000 a year telemarketer at a TARP company married to a $210,000 lawyer, any bonus will be taxed). So this tax will be felt by a lot more than the handful of execs at AIG and Merrill who ran off with several million dollars apiece.

But that's not the really distressing part. The really distressing part is what this tax will do to the corporations that we now own and are supposedly trying to save.

(Remember? That's the reason we bailed Citigroup, AIG, GM, and the rest of them out--to save them. Because we convinced ourselves that civilization would end if we didn't.)

Thanks to our stupidity bailouts, we now own major stakes in these firms--at mind-boggling expense. So it's not clear why we want to destroy them. But that's what we seem determined to do.

Believe it or not, hidden inside these companies are thousands of decent, competent people whose households bring in more than $250,000 a year. Many of these folks had NOTHING to do with the gambling addiction that bankrupted their firms. Many of them still have a choice where to work. And now that they've learned that their family's pay will be capped at $250,000 indefinitely, many of them will quickly decide that now is a good time to pursue their careers elsewhere. (That is, unless their firm takes the easy and obvious step of just paying them a fatter salary, which just renders the whole thing a farce.)

Will everyone leave these firms? No. The folks whose households don't have the education, desire, ambition, skill, or time to make more than $250,000 a year won't. But a lot of the rest will. And however little our massive investments in these companies are worth now, they will soon be worth a lot less.

The real lesson here, unfortunately, is that it's a disaster for the government to run private companies. We used to understand that. But ever since we started telling ourselves that we had to save bankrupt institutions by taking them over and pretending not to "nationalize" them, we have apparently forgotten.
90% Bonus Tax? Way to Destroy Our Economy
 
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Will everyone leave these firms? No. The folks whose households don't have the education, desire, ambition, skill, or time to make more than $250,000 a year won't. But a lot of the rest will.



Well said, but where can we go ? I don't think Pa & Ma's Bakery store needs Stochatics/C++/Derivatives Pricing/...skills, neither does Maggie's Farm.

I think the solution here is: (1) divorce the other part that make the income > $250K;
(2) never make more than $250K yourself;
(3) Dear Mr. Mack pays back that TARP money.
 
Full text of the bill is below. As I read this, since in NY the top state income tax is 8% and the city income tax is 4%, if you get a dollar of TARP bonus you now have to give the government a dollar and two cents. Isn't that what this says?

Full Text Of The 90% Bonus Tax Bill
 
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