Obama: We'll Pursue 'Every Legal Avenue' to Reclaim AIG Bonuses
President Obama addressed the growing controversy over AIG's retention bonuses this afternoon. Excerpts from his remarks can be found here, but it's notable that he did not signal much of a change in his administration's approach.
Obama said he has asked Treasury Secretary Tim Geithner to use the "leverage" of the taxpayers' investment in AIG to press for the return of the retention bonuses -- which is exactly what Congress has been pressing for all weekend.
But using "every legal avenue" to recoup the money may not be enough, as AIG's lawyers have already advised the company that it's legally obligated to pay out the bonuses. And Obama said that Geithner would continue "to resolve this matter with the new CEO, Edward Liddy," who has already made it pretty clear that he wants the bonuses paid. (And at least one senior Democrat, Rep. Elijah Cummings [MD], is already calling for Liddy's resignation.)
















OK, here's the choice for the AIG slugs who nearly brought down the world economy:
Minimum wage with no overtime and only one bathroom break every four hours for as long as we want you at AIG, during which you turn your filthy souls inside-out for federal regulators to scrape clean at their leisure, OR
Life in some disgusting state penetentiary in which drug dealers, child molesters and mother-rapists will spit on you as being beneath contempt.
You have ten seconds.
March 16, 2009 1:03 PM | Reply | Permalink
Sickening spinelessness by Obama. Absolutely sickening.
This nonense that these bonus's can't be stopped is an insult to Americans.
Enough already. Nationalize and fire.
March 16, 2009 1:06 PM | Reply | Permalink
Do you need a paper bag to breathe into or something? Jesus.
March 16, 2009 1:23 PM | Reply | Permalink
LOL! Some of these comments here are ridiculous.
Obama is a coward because he won't turn himself into a king and repeal and/or overturn the law.
March 16, 2009 1:33 PM | Reply | Permalink
he's just acting like a pussy. He's clueless about the economy.
March 16, 2009 1:43 PM | Reply | Permalink
As opposed to you who really is a pussy and is clueless about everything??
March 16, 2009 1:45 PM | Reply | Permalink
I couldn't have said it better myself.
March 16, 2009 2:01 PM | Reply | Permalink
If Obama had any balls, he'ld go from 80% of AIG to 100%. Split it in 2. Part 1 is the classical well run insurance company *rating AAA). Prt 2 would be the poorly run hedge fund that speculated in CDS. Part two would be put in a structured bankruptcy. In part 2, counter-parties would not get 100 cents on the dollar. Why is my taxmoney going at a 100% to former nazi banks (Deutsche Bank) and french banks. Let the european deal with their banks.
March 16, 2009 2:10 PM | Reply | Permalink
OK. Whatever.
Hey, I hear there are some vacancies at treasury. Your expertise and tremendous problem solving abilities should make you a shoo-in!
March 16, 2009 2:20 PM | Reply | Permalink
Whatever? You're in high school?
I'll be happy to talk to your pimple covered friends about the vacancy.
March 16, 2009 2:28 PM | Reply | Permalink
No, thanks. My friends are pretty cocky but unlike you, my friends don't think they can solve the worst economic downturn since the Great Depression.
March 16, 2009 2:43 PM | Reply | Permalink
Dude! I've lived through this shit before. And it's very doable. There's a reason why they call me Super Swede.
March 16, 2009 2:52 PM | Reply | Permalink
Okay. Suppose you have an insurance agent whose contract says he/she earns $50,000/yr. and $15,000 bonus if he/she sells a certain number of life insurance policies. Is that unreasonable? Can you revoke that? Should that be revoked?
March 16, 2009 1:52 PM | Reply | Permalink
What a nice strawman you've built.
We're not talking about an insurance salesman making $50K. We're talking about million-dollar bonuses for people making 7 figures, who just f*cked up in Bush-like proportions.
And yes, it should be revoked. You're (effectively) in bankruptcy. Your contract is abrogated - null and void. Have you noticed the concessions blue-collar workers are giving lately?
And if you don't like those terms, you can go take your sorry a$$ and find somewhere else to work.
March 16, 2009 2:04 PM | Reply | Permalink
Being "effectively in bankruptcy" and being in bankruptcy are worlds apart. You see, there's no such thing as being effectively in bankruptcy. You either are or you are not. AIG is not. So everything you wrote is (what's the word?) STUPID!
March 16, 2009 2:22 PM | Reply | Permalink
"Being "effectively in bankruptcy" and being in bankruptcy are worlds apart."
I'm under the impression that the *only* reason they're *not* in actual bankruptcy is because the U.S. government is pumping money into their coffers faster than they can burn it.
March 16, 2009 2:32 PM | Reply | Permalink
That may very well be true. But the fact remains that they are not in bankruptcy and therefore bankruptcy rules don't apply. If they did, AIG's creditors would be getting paid a fraction of what they're owed.
March 16, 2009 2:40 PM | Reply | Permalink
Well let the bastards go into bankruptcy then. It seems like half the money is flowing through to foreign banks anyway. It probably would be cheeper for the US just to directly bail out their own banks instead of bailing them out indirectly by bailing out AIG.
March 17, 2009 10:50 AM | Reply | Permalink
If you work for me and I promise you a bonus based upon your performance over the year, you perform in a manner sufficient to earn the bonus, and I say "Ha ha, tricked you," you should get your bonus.
Same scenario, but I'm bankrupt and have gone out of business? Too bad, so sad. Earned or not, I don't have the money to pay you and the taxpayer's not going to pay you the bonus.
Similar scenario, but I have promised to pay you a bonus simply for not quitting over the course of the year? All else being equal, although the notion of retention bonuses seems a bit absurd (assuming salary remains a constant, they would seem only work to the extent that they're appreciably higher than the other guy's signing bonus), I should pay you the money.
I'm bankrupt and out of business? Sorry, even though you wouldn't have quit but for the collapse of my company, there's no money to be had.
My company remains in business only because of a taxpayer handout? Then really, the government should have had the good sense to tie some strings to the money, as it did with the auto industry.
My company remains in business only because of a taxpayer handout, and you're claming the retention bonus even though it was you who destroyed my company through bad decision-making and/or incompetence and/or criminality? The word is "chutzpah".
March 16, 2009 2:18 PM | Reply | Permalink
You haven't seen the result yet, so it's a bit early to be sickened by Obama. By Liddy and Geithner, I agree.
By Obama, wait and see the outcome.
March 16, 2009 3:11 PM | Reply | Permalink
Obama knew what he was doing when he appointed hacks like Tim and Larry to protect the financial interests of the big financial institutions and their insurers. He knew what he ws doing when they formulated the policy of shoveling funds into the hands of those who created the mess. And he knows what he is doing when he talks tough on bonuses yet gives the go-ahead to do nothing.
If he wants public support he needs to formulate a policy which takes over control of our financial infrastructure and directs their policies. Maybe he can find advisers more interested in solving this country's economic meltdown than in protecting their friends in finance.
March 17, 2009 9:41 AM | Reply | Permalink
My questions is this. Are there any legal remedies for the bonus collectors for AIG to selflessly re-do their retention bonuses? Can't these people who are getting these bonuses simply void their contracts?
March 16, 2009 1:09 PM | Reply | Permalink
It's extortion!
March 16, 2009 1:26 PM | Reply | Permalink
Explain to me how you revoke a bonus from an insurance agent whose contract says they earn $50,000/yr. plus a $15,000 bonus if he/she sells a certain number of life insurance policies. Even if that kind of bonus can be revoked, should it be revoked from this middle-class, white-collar employee?
March 16, 2009 1:55 PM | Reply | Permalink
See my reply above, since you're repeating your point.
The short answer is yes. We own you.
March 16, 2009 2:05 PM | Reply | Permalink
But using "every legal avenue" to recoup the money may not be enough, as AIG's lawyers have already advised the company that it's legally obligated to pay out the bonuses. And Obama said that Geithner would continue "to resolve this matter with the new CEO, Edward Liddy," who has already made it pretty clear that he wants the bonuses paid.
That's the thing about "every legal avenue". It means that the Justice Department can figure out a different legal theory than what the AIG lawyers are claiming. Litigation and settlement - that's what it's all about - not taking the AIG lawyers's word for what's legal.
March 16, 2009 1:12 PM | Reply | Permalink
Considering the bailout contracts which included bonuses were negotiated during the Bush administration- the amount of after the event thought on the AIG bonuses issue is simply stunning.
Larry Summers and BO administration completely missed the beat by saying there is nothing much than can be done about the bonuses.
Now they're on a slippery slope. Best thing to stop the bleeding is to fire few of the top execs- publicly humiliate those who were responsible for the failure of AIG in the first place.
March 16, 2009 1:12 PM | Reply | Permalink
Publicly humiliate any bonus taker by publishing their name!
March 16, 2009 1:29 PM | Reply | Permalink
ThereP just naming names of the bonus seekers wouldn't appease the outrage. It's a wrong fight in my opinion.
Give them a deadline to rewrite their contracts and subsequently fire them otherwise.
You're only fueling the fire by printing names of individuals we don't recognize.
March 16, 2009 1:45 PM | Reply | Permalink
Labor union contracts - no, they can be voided and renegotiated when needed. Contracts for "bonuses" for white collar failures? Sorry, these are iron-clad!
I've called my congressman and senators, and encourage everyone to as well.
PEACE
March 16, 2009 1:59 PM | Reply | Permalink
You might recall that labor agreed to renegotiate its contracts with the auto industry. Those contracts were not voided by a third-party (the US government).
March 16, 2009 2:02 PM | Reply | Permalink
Geithner and Summers look worse with every passing day. Probably Obama's worst picks so far.
March 16, 2009 1:15 PM | Reply | Permalink
Summers atleast still seem to have wall street confidence, but Tim Geuthner looks like loosing all the reasons to stay.
March 16, 2009 1:35 PM | Reply | Permalink
Well, I'm not so much worried about "Wall Street confidence"; that was the mantra in the 1990's, when the only objective seemed to be to give Wall Street whatever it wanted, which mostly was: deregulation. Now, I'd say we should be more concerned about someone in that position having the confidence of us, the American voters and taxpayers.
March 16, 2009 2:05 PM | Reply | Permalink
You really had much "hope" for Geithner and Summers from the very beginning? They were among Obama's worst picks.
March 16, 2009 2:23 PM | Reply | Permalink
The situation is so teed up for a leadership coup that we have not seen in generations. The question is whether Obama has the testicles and leadership skills to seize the moment, lead and deliver real change as he so eloquently spoke of and promised during the election. Obama needs trash the bailout mentality of the former administration and of Geithner/Summers.
If Obama keeps doling out taxpayer dollars to Wall Street while knee bound before a cadre of wealthy criminals throwing the good faith and credit of the United States of America in full support of foreign banks, foreign wealth, fraud and corruption then Obama will show that he is a Uncle Tom for Wall Street and again demonstrate the cowardice he showed when he folded on FISA.
Again, one immeditate step Congress could take on all those subject to US income tax is to tax 100% of all bonuses received from a bank/company receiving TARP $$$. Make it retroactive to 2008. The problem is I suspect that many of these AIG exec criminal clowns are not American citizens and are not subject to US income tax.
March 16, 2009 1:17 PM | Reply | Permalink
Look, I love Obama and in general am very happy with his performance to date, with the sole disappointment being the financial bailout and his decision to put Summers and Geithner in charge of economic policy.
With 80 percent of the stock, we own this frigging company. We're in charge. We don't beg, plead and cajole, we order. Why Geithner can't bring himself to do that is beyond me. Why Obama isn't demanding it is disappointing.
March 16, 2009 1:17 PM | Reply | Permalink
It's this inane fear that we will be seen to be "nationalizing" AIG. It's all semantics of course, AIG has already been nationalized.
I think Prez O is working so hard to avoid giving the opposition fodder for its "socialism" argument, that he's reluctant to take any action here. To his detriment, I might add, because the American people are more than OK with the idea of Nationalization, or whatever other, more palatable name we come up with.
March 16, 2009 1:27 PM | Reply | Permalink
Legally there is nothing that can be done (see my posts to Reich's in Cafe)
Slowly but surely REALITY BITES
Chuck Todd's update on the Obama remarks concedes there is nothing that can be done
Sorry to be the bearer of bad news folks
But if the government wishes to avoid getting itself stuck to smelly tar babies like this
DO NOT NATIONALIZE
DO NOT BAILOUT
Let them fail
That's why God created bankruptcy courts
March 16, 2009 1:20 PM | Reply | Permalink
But I agree with Barney Frank best way to address the problen is to fire them.
March 16, 2009 1:23 PM | Reply | Permalink
in a heart beat!
There's where you have real leverage over these parasites
March 16, 2009 1:24 PM | Reply | Permalink
So how does that work? Are we really ready to have the President, the Treasury Secretary, and 535 members of Congress decide which AIG employees should stay and which should leave? That's a slippery slope -- even when a company is taking taxpayer dollars.
March 16, 2009 2:00 PM | Reply | Permalink
You got some AIG stock you're holding on to?
March 16, 2009 2:06 PM | Reply | Permalink
Ask Kleefeld for a second opinion if you don't believe me :=P
March 16, 2009 1:23 PM | Reply | Permalink
As the owners of the company, we hire new lawyers and have them do a review. And then, we can just jolly well hold off on disbursing any more filthy lucre to AIG until they "reorient" their expectations. If their employees want to sue, let them.
March 16, 2009 1:21 PM | Reply | Permalink
If the President of the United States can retain the power over terrorist suspects and their treatment why can't he have power over the grand theft of tax payers money by AIG?
These AIG gluttons are financial terrorists stealing from the national treasury.
March 16, 2009 1:21 PM | Reply | Permalink
Financial terrorists. See this thread:
http://emptywheel.firedoglake.com/2009/03/15/the-semtex-in-the-aig-retention-contracts/
Comments. down near the bottom.
March 16, 2009 1:26 PM | Reply | Permalink
Let's use the leverage of exposure as well: Publish the names of AIG bonus takers - It's extortion!
March 16, 2009 1:25 PM | Reply | Permalink
Let's head over to their houses with pitchforks!
March 16, 2009 1:29 PM | Reply | Permalink
Don't forget the tar and feathers! Let's publish their names and the names of their children. Let's picket their schools and let their classmates know that their parents are filthy AIG'ers who got bonuses.
Better yet. Let's put rat poison in their food. Dead employees don't get bonuses!
March 16, 2009 1:36 PM | Reply | Permalink
The bonus was due yesterday.
March 16, 2009 2:12 PM | Reply | Permalink
Funny. When Bush ignored the laws he didn't like, he was castigated. Now, the same people want Obama go ignore the laws that are inconvenient or embarrassing to the administration.
All of this advice about what can be done legally is coming from people who probably have never negotiated a legal contract in their entire lives, let alone even seen/read the contract between AIG and its employees. Spare me.
March 16, 2009 1:25 PM | Reply | Permalink
Hear! Hear!
Ask Kleefeld...He'll tell ya the same thing
hehehehe
March 16, 2009 1:27 PM | Reply | Permalink
Maybe, but acting like these contracts are ironclad is absurd (and yes, I have K experience).
There's always a way out, and even if it isn't the best argument, that's what a courtroom is for.
Personally, I would rather pay 10X the amount of the bonuses fighting them in court, on principle. I think most taxpayers would agree. AIG
March 16, 2009 1:33 PM | Reply | Permalink
This is just like the earmark foolishness, another example of being penny-wise and pound foolish.
Just make AIG pay the government back the bonuses. That can be done. I'm not willing to spend time on an amount that's less that one-tenth of one percent of the money we've given AIG.
You're right. There's always a way to get around the law and/or contracts. Take a page from the Bush adminsitration and find lawyers like John Yoo who will make up the law and fabricate legal justification for whatever you need.
March 16, 2009 1:41 PM | Reply | Permalink
I was with you right up until that point. Emotions should not override sensible thought. I am all for firing some to send a message if bonuses cannot be legally withheld, but if it truly would cost 10X the price of just paying the bonuses to stop them, then just pay the stupid bonuses.
This is why government should not try to run businesses. Business are about making money. There is nothing good or bad about that. As long as the rules are fair and followed, businesses should use cold hard economic facts when making decisions. Paying 10X the price just to make yourself feel good is idiotic.
March 16, 2009 1:52 PM | Reply | Permalink
Don't forget that these guys would likely sue in Britain, not the U.S. In Britian the loser usually pays the winner's attorney fees in breach of contract cases.
The "each side pays its own attorney fees" is called "The American Rule" for a reason.
March 16, 2009 3:41 PM | Reply | Permalink
Josh had it right this morning.
In all of these various bailouts
March 16, 2009 1:25 PM | Reply | Permalink
Congress should pass a law that levies a 100% tax against all bonuses paid to anyone in the AIG Financial Products group, at any time after having received bailout funds.
March 16, 2009 1:31 PM | Reply | Permalink
Yes, I have been thinking for some time that tax policy is really the only way to discipline the bonus culture. This would be knee-jerk, but overall, I think this is the strategy that needs to be applied.
March 16, 2009 1:49 PM | Reply | Permalink
Tax the bonuses to get back tax money we've already given them? That made me LOL.
March 16, 2009 7:51 PM | Reply | Permalink
I think the big mistake from the Obama Administration it seems is they fully miscalculated the public pulse and anger on the issue of AIG bonuses.
March 16, 2009 1:41 PM | Reply | Permalink
And you say this why? Because it's not as if the Obama administration didn't try to stop the bonuses. It's not like they didn't condemn them and show outrage that they were being paid.
'Splain exactly what they miscalculated . . . besides thinking that AIG wouldn't possibly pay out bonuses when they just lost $62 billion in the last quarter.
March 16, 2009 1:44 PM | Reply | Permalink
Summers saying over the weekend there may not be much they can do to revert these bonuses to the top execs. That was not the smart thing to do, but I don't expect you to ever concede for reason, so I don't want to get into an argument with you.
I will say this Obama admn do have a good oppurtunity here to position themselves as crusaders in this fight against AIG bonuses.
Also, what a great oppurtunity for Giethner to redeem himself. He can turn this into a oppurtunity win public support of his appointment.
March 16, 2009 1:50 PM | Reply | Permalink
Summers also said it was outrageous.
But yeah, you're right. He never should have said there wasn't much they could do about it. Telling the truth was the final straw. Man did they miscalculate. Telling bold lies is always preferable to meek truths.
He should have lied and said they could get the bonuses stopped and everybody would be happy . . . even when it turned out a week later that they couldn't.
March 16, 2009 1:56 PM | Reply | Permalink
its not a lie ...here you go again being a snobbish..just making it look so combative.
They can fight it out in court, they can fire a few asses...tax payers own 80% of AIG and if Summers says he can't do anything about it, we should all applaud his honesty?
Don't you think there is something wrong with the system, when you give AIG 160 bil and cannot even stop millions gifted in bonuses?
March 16, 2009 2:01 PM | Reply | Permalink
You said the problem was that Summers said he couldn't do anything to stop the bonuses. If that's what he believes, why shouldn't he say it? Why should he have pretended that there was something he could do when they have concluded (maybe wrongly) that they can't?
Yes, I think there's something wrong with this system. But you don't fix what's wrong with it by running roughshod over the laws.
the AIG bailout was fucked from the beginning. They placed no restrictions on what they could do with the money, etc. AIG never agreed to not pay bonuses.
Excuse me. But we're in a financial catastrophe here and I don't want this administration putting its efforts into fighting for what amounts to one-tenth of one-percent of the money given to AIG. Doing so would be nothing more than stupid grandstanding.
I'll take the results, please.
March 16, 2009 2:09 PM | Reply | Permalink
I agree with everything you said except I think Larry Summers was honest or at least not informed when he said Govt cannot do anything about it.
Esp, in the light of what Barney Frank and Obama said today, there is certainly more than nothing that the Govt can do.
No one is recommending "roughshod over the law" either.
March 16, 2009 2:16 PM | Reply | Permalink
Perhaps I haven't been paying close enough attention but I haven't heard Obama or Frank say they can stop the bonuses.
Obama's statement that he will do whatever is legally possible is a head fake. He's basically saying they can't do anything.
You watch. The media will have its mouth foaming rants over this for the next few days and a week later AIG folks will get their bonuses. This ship has sailed and the sooner we accept that and set our sights on winnable fights, the happier we'll be.
March 16, 2009 2:27 PM | Reply | Permalink
What fights have you been winning? And looking to win when it comes to the financial crisis?
March 16, 2009 2:31 PM | Reply | Permalink
I'm not fighting regarding the economic crisis because I have no clue what it needs. You don't either.
I wanted the Fair Pay act. Check. I wanted torture ended. Check. I wanted SCHIP. Check. I wanted Gitmo closed. Check pending.
Not bad, eh?
March 16, 2009 2:47 PM | Reply | Permalink
That's the problem. Its not the past, if Obama administration wants another bailout package for another firm in the middle of the year I don't think they can afford to fail here. I personally think this issue may be brushed under the carpet but not be resolved.
March 16, 2009 2:31 PM | Reply | Permalink
Obama admin have to fight this for the people, even if in vain. They cannot just say we can't do anything about it, that's a nail on the coffin.
March 16, 2009 2:33 PM | Reply | Permalink
Of course they can continue to fail. It's another 1 1/2 to the next election. Look at Bush, he never stopped failing. And in 3-6 months when AIG wants another $40 billions, Obama will be there. And if there's an issue, Bernanke will magically deposit some newly printed money on their account.
March 16, 2009 2:38 PM | Reply | Permalink
You're just being an idiot comparing Bush and Obama. There is no evidence Obama "failed" or that bailout was not the right thing to do.
March 16, 2009 2:44 PM | Reply | Permalink
Idiot, now that's a strong word. You really think that this was the best of all options that Obama had? You really think that the taxpayers will get much back from the $100+ billions they've given away to mainly foreign banks. Why have the other 20% stakeholders of AIG been getting a free ride?
March 16, 2009 2:48 PM | Reply | Permalink
Yes comparing Bush and Obama is just idiotic. But an argument against bailouts is reasonable one, though I think bailouts were much needed.
March 16, 2009 2:54 PM | Reply | Permalink
I doubt they were calculating. They just weren't thinking.
March 16, 2009 1:52 PM | Reply | Permalink
Let them sue!! Let them take the government to court. Let them. I'd love to see them in court. Publicly humiliate them. Make it cost them a ton in legal fees. Tie them in knots for years. Americans need a good show trial.
Make my day. Go to court. And if the trial exposes a bunch of politicians in the process all the better.
March 16, 2009 1:47 PM | Reply | Permalink
The other strategy that might work. How many of these guys are actually going to hire a lawyer and sue? And they would have to sue AIG, not the U.S. That's the only way they could have any hope of prevailing.
March 16, 2009 1:50 PM | Reply | Permalink
That's who they'd sue
AIG...the employer.
Funny how much projection is going on here. Sad really, not funny
Get past the denial to true OUTRAGE folks
There isn't a damn thing the government can do about it
March 16, 2009 2:05 PM | Reply | Permalink
I don't believe that. I believe the government can do plenty when it puts its mind to doing it. Don't get mad. Get even. If they don't want to give back the bonuses, then pursue them on some other crime. I gotta believe there are crimes to be found if someone looks hard enough. Way too many get out of jail free cards have been handed out on this whole thing. If they won't play ball, then Treasury should get some help from Justice.
March 16, 2009 2:10 PM | Reply | Permalink
Let the Justice Dept investigate every contract! By all means.
I hope they do.
But absent fraud outside of bankruptcy - THERE IS NOTHING THE GOVERNMENT CAN DO.
March 16, 2009 2:13 PM | Reply | Permalink
Send the IRS after them too. Carrots are fine, but bring out the sticks. No one is forcing them to accept a bonus.
March 16, 2009 2:27 PM | Reply | Permalink
This is exactly why the government has no business bailing out or nationalizing.
First of all, the money has been earned and paid.
Now if there is a fraud case to be made, make it.
But you'd have a better chance finding an ice cube in hell
March 16, 2009 2:03 PM | Reply | Permalink
Look on the bright side people. Now you know. Know what, you ask?
Now you can begin to understand the perversion that runs through so-called high finance. These men are little more than thieves in nice suits.
An entire culture has come up getting us to believe that to work on wall street was to be blessed, that it showed you had a certain kind of acumen.
It is little more than a casino. An these guy will take their money any way they can get it and they simply do not care about your outrage.
March 16, 2009 1:52 PM | Reply | Permalink
I know they don't care about the outrage, that's why some of them have to be made to pay in public. Let the show trials begin. Surely, if we turn the Dept of Justice upside down we can shake out a few radicals left hiding somewhere who can zealously pursue a few of these crooks. There must be some broken laws in there somewhere. Surely there are felonies to be found if we but look hard enough.
Scare the hell out of them!
March 16, 2009 2:05 PM | Reply | Permalink
Am I getting this right? Some of you are defending this weak response from the Obama administration?
As was pointed out at Glenn Greenwald's blog so effectively, as a CONDITION of the bail-out money, the automakers had to change their contracts with the unions. But, they can't do the same with AIG? The automakers aren't responsible for what happened here, they're one of many victims, and the people who have a substantial role in this crisis have contracts that are sacrosanct?
Fuck that.
March 16, 2009 1:55 PM | Reply | Permalink
Well, that's the problem. There was no such condition placed on the bail out money that went to AIG. There should have been but there was not.
March 16, 2009 2:00 PM | Reply | Permalink
The difference is that the bonuses were paid before the bailout for services already performed
In other words, the proper analogy would be if Congress had attached to the auto loan bill, the unconstitutional and unenforceable requirement that auto workers repay part of their 2008 salaries
Get it?
March 16, 2009 2:08 PM | Reply | Permalink
Difference, GM unionized labor.
March 16, 2009 2:01 PM | Reply | Permalink
The choice not to impose that type of restriction on the financial industry was conscious and deliberate. Recall all the talk about how it would be "unfair" to the banks who acted responsibly, to impose restrictions on bailout funds that might put them at a disadvantage as compared to recipients that are rotten to the core?
Even then, the absurdity of "no strings attached" bail-out money was obvious to a lot of people. With each new round of taxpayer-funded bonuses, the reasons seem beyond self-evident. But people like Paulson and Geithner appear to be far too wedded to the industry to even begin to understand why attaching strings was advisable, why people don't believe the bonuses are deserved under the circumstances, or why people are angry about this.
March 16, 2009 2:10 PM | Reply | Permalink
AIG GETS NO MONEY UNDER TARP
March 16, 2009 2:14 PM | Reply | Permalink
Thanks for sharing, but that has nothing to do with my point.
March 16, 2009 11:46 PM | Reply | Permalink
You're right, but it is too late for TARP I. And to the person above who was talking about 15,000 dollar bonuses -- these are in the millions!
The very fact that financial institutions were operating in a way that forces bonuses when they have produced nothing but mahem in a crime in itself! Regulations? What are they for?
March 16, 2009 2:11 PM | Reply | Permalink
The lowest bonus is $1000. The highest is $6 million.
March 16, 2009 2:19 PM | Reply | Permalink
"The automakers aren't responsible for what happened here, they're one of many victims, and the people who have a substantial role in this crisis have contracts that are sacrosanct?"
The automakers aren't responsible for running their companies into the ground? Don't blame the financial crisis for why GM is bankrupt. They were heading towards bankruptcy and were just as negligent as many of these banks.
The real victims here are the employees, who suffer the effects of the idiots mismangaging these companies (often for personal benefit -- pumping short term profits even if it means putting the entire company at risk).
GM decided to go "all in" on Hummers and SUVs right when gas was peaking to historic highs. Now they're playing catch, ten years too late and in a much worse enviroment. This is the equivalent of a father who gambles the family fortune at the roullette table.
March 16, 2009 9:45 PM | Reply | Permalink
At this point they might as well seize AIG, sell off the pieces to private investors, and void all credit default swaps. Instead of the CDS, we are already dealing with banks that are the counterparties -- at least in the US. Foreign banks, like Deutsche Bank, can get bailed out by Germany (irresponsible slacker/scofflaw that is is on stimulus issues) or UBS by Switzerland (harborer of US tax cheats).
Seize AIG, take it apart and sell it, and FIRE EVERY SINGLE ASSHOLE THAT WORKS THERE.
March 16, 2009 2:14 PM | Reply | Permalink
You got a great way to screen for assholes?
March 16, 2009 2:21 PM | Reply | Permalink
LOL!
March 16, 2009 2:29 PM | Reply | Permalink
Who said anything about screening?
March 16, 2009 9:00 PM | Reply | Permalink
The ONLY realistic, as opposed to otherwordly solution - STOP GIVING AIG MONEY
March 16, 2009 2:17 PM | Reply | Permalink
That won't happen until you stop paying taxes.
March 16, 2009 2:19 PM | Reply | Permalink
Why hasn't AIGs CEO Edward Liddy been forced to resign?
How many more bonuses are in the pipeline for 2009? All cards on the table. Any golden parachutes?
March 16, 2009 2:17 PM | Reply | Permalink
We're at war. AIG executives are engaging in economic terrorism. Designate them enemy combatants and interrogate them enhansively.
March 16, 2009 2:18 PM | Reply | Permalink
Keeping Gitmo open sounds better and better.....?
Dick C. can help you with the water boarding.
March 16, 2009 2:25 PM | Reply | Permalink
Damn, I guess it's too late for a signing statement.
March 16, 2009 2:21 PM | Reply | Permalink
Public outrage is needed to build the kind of steam we need to pass real financial reform. No major reform happens without outrage strong enough to sweep aside entrenched interests. So the outrage is not without a larger purpose here.
March 16, 2009 2:31 PM | Reply | Permalink
You think "they" care about some posting on a blog? We're just being lazy, thinking that we have all the power at the tip of our fingers. If you want "change", how about getting your friends together and arrange for a demonstration in DC.
March 16, 2009 2:45 PM | Reply | Permalink
I disagree. Public outrage is already closing in on AIG. When people make noise, it does have an effect.
March 16, 2009 9:26 PM | Reply | Permalink
Maybe I'm just way off having my own little party in the corner, but the way I read things these "bonuses" are part and parcel of the compensation packages for these employees, like salary or health insurance. That it is called a "bonus" is perhaps something of a misnomer, as all pay that comes in lump sums tends to be referred to as a "bonus."
"bonus: something in addition to what is expected or strictly due: as a: money or an equivalent given in addition to an employee's usual compensation"
But if it is in their contract, then it is not 'in addition to usual compensation' it is part of usual compensation, it just happens to come in the form of a lump sum.
It seems to me some heads should roll, some departments reorganized, eliminated, etc, and responsible persons should suffer consequences as part of that process, but I cannot see how AIG could simply be expected to choose not to honor its employment contracts. Any direction of that nature would have had to come from the government.
March 16, 2009 3:19 PM | Reply | Permalink
One option might be a formal bankruptcy filing, which as a creditor the government could initiate. I am not a BR expert, but it might be an option because once in bankruptcy, the bankrupt entity can elect to continue or reject all contracts, presumably including the employment agreements at issue here with respect to the bonuses. Although it seems that the "right" to the bonuses may have already accrued, that "right" can be contested in bankruptcy court (with useful theories like equitable estoppel and equitable subbordination) and even if that fight is lost, the only thing that the employees would have are claims as unsecured creditors which I believe are very low priority claims (though I don't know if employees have preferred status or, if so, whether bonuses (as opposed to straight salary) would be given preferred status. There would appear to be little chance that unsecured claims would be paid out at all, given the debt at issue here and the amount of assets available to AIG to try to pay those debts. Of course, all the banks would also presumably be unsecured creditors to the extent they hold CDS papers, and that presents its own problems, but given the US government's position as a significant owner of AIG, perhaps the goverment could work out a restructuring deal where it bought out the banks' claims under the CDS agreements (at a fraction of their worth) and then crammed down a reorg plan on the bonus-claiming employees under which those employees got next to nothing. You could break up AIG and sell off the worthwhile parts while you were at it. Of course, this might not work at all -- need a BR atty to weigh in.
March 16, 2009 3:40 PM | Reply | Permalink
Ya know, its funny how everybody was all about "rule of law" when Bush was ignoring laws he didn't like. There was lots of hollering and shouting about it, here and all over the place. I did a lot of it myself.
In fact, when I googled "talkingpointsmemo" and "rule of law" I got 56,000 hits.
Now, however, when faced with the prosepct that Obama will yield to the rules of contract law, we're suddenly seeing a different perspective? AIG's Financial Products Division are really, really bad people who did us great harm, evildoers, if you will, so now we want to set up special legal rules, just for them and just for this one situation? Special rules for them that are different from the rules applicable to our own employment agreements and we're all okay with that because, once that precedent is set, we're absolutely confident that no one will ever come along who will use those special emergency rules against us?
Is that really what all you angry people (yes, Josh included) are saying?
"Rule of law" means just that: that the law, not men making shit up as the go based upon the exigencies and passions of the moment, rules and rules everyone. Sometimes, that means having to accept results you don't like--like, say, letting a murderer walk, or trying terrorists in open court according to the established rules, or letting some reckless sociopath in London get a bonus for helping to wreck the world's economy.
If you're a mature citizen of a democracy, you accept the occaisional awful, and even potentially dangerous, unjust outcome, not because those are good things, but because the alternative is a steep slippery slope with tyranny at its foot.
March 16, 2009 4:05 PM | Reply | Permalink
So no pressure should have been put on the UAW to renegotiate their contracts? This deference to the ultra wealthy is pathetic. If we can't go after the bonuses directly, go after the executives by some other means. Audit their tax returns. Shame them in public. We're not foreclosing on their homes and kicking them into a tent city here. We're not leaving them starving in the gutter. It just amazes me that we are perfectly comfortable watching manufacturing towns wither and die but when it comes to Wall Street, we might as well be bowing like serfs before our masters.
Who is going over the employment law at every corporation laying off thousands of workers. Are ALL employment laws being dutifully enforced? Are all employees being treated fairly? Of course not. There are two kinds of justice. Justice for the rich and justice for everyone else. That's the kind of tyranny we should be worried about.
March 16, 2009 4:15 PM | Reply | Permalink
Pressuring people to renegotiate contracts is not the same thing as insisting that contracts be breached.
I'm all for pressuring these guys not to accept their bonuses. Given that they're sociopaths and have nothing to lose because they know their going to forever be known at the tools who broke the economy, I'm not optimistic, but I'd still be glad to see them try.
I don't really recall the part where I said that I was comfortable watching manufacturing towns die, nor am I clear how buggering the law of contract so we can put a little bitchslap on AIG is going to help that situation.
But yeah, I get nervous any time I see lots of people screaming for the heads of a discrete and dispised minority, even when the minority is composed of privileged callous kleptocrats. The aristocrats may be the first up against the wall, come the revolution, but they're never the last.
March 16, 2009 5:23 PM | Reply | Permalink
I have absolutely no sympathy for these folks. What's remarkable is that even now, they remain hubristic and indignant. They come every month or so to beg for tax money, and yet act like they can call the shots. With all the unemployed financial types from other failed banks -- many of them less agregious than AIG -- why not hire new and better staff to dismantle this POS and sell it off to bidders. Obviously the morons who destroyed their own company can't be trusted.
Save your sympathies for many other people far more deserving and far worse off. There will be plenty in 2009 to come.
March 16, 2009 9:41 PM | Reply | Permalink
You make a good point (as usual). That said, you certainly also know that you don't need to honor the terms of a contract when the other party has committed a prior material breach. It seems that it is possible that a strong argument could be made here that these AIG execs -- at least the ones in the financial products division -- have done just that.
March 16, 2009 4:22 PM | Reply | Permalink
What breach would that be? These guys did exactly what the people above them paid them to do. The board of directors, the senior management and, yes, the United States Treasury Department and Federal Reserve knew they exploiting a gap in the regulatory environment by trading derivatives without setting aside adequate--or any--reserves. Until the dominoes started tumbling, they all thought that was just dandy.
March 16, 2009 5:27 PM | Reply | Permalink
Fair question. Regulations or no, these guys ran a systematic scheme where they sold banks promises to make good on debt if the banks' customers defaulted and did so knowing that they could not actually deliver on the promises they made if they were ever called upon to do so. That is very arguably fraud, perhaps even arising to the level of a RICO scheme/enterprise (based on predicate acts of wire fraud). It is not conceivable that an employee's or executive's commission of systematic fraud/racketeering while in the employ of a company would not be grounds for termination by the company of that employee or executive. I cannot imagine there are not provisions in these employment agreements that state that engaging in such conduct is grounds for termination.
March 16, 2009 5:48 PM | Reply | Permalink
Grounds for termination? In the US, most employee contracts are "at will" anyway. You can be fired if the boss feels like it, for no reason at all (other than discrimination).
Basically, the people involved in the financial shenanigans should 1) be summarily fired 2) investigated for fraud. If the upper management, including this tool Liddy, balk, they should be summarily fired. We own this POS and should start acting like it. Fire and prosecute the thieves.
March 16, 2009 9:36 PM | Reply | Permalink