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Frank to Treasury: Do Foreign Banks Get Preferential Treatment?

Looks like we may soon be learning more about the preferential treatment major banks may have enjoyed in the wake of the AIG bailout.

Last week, we noted Rep. Spencer Bachus's efforts to bring to light the issue of smaller U.S. banks that are allegedly being stiffed on their loans to an AIG subsidiary even as major CDS counterparties (some of them foreign banks) were paid off in full. Bachus is the ranking member on the House Financial Services committee, and he aired his concerns at a hearing and in letters he sent to both Geithner and Barney Frank, the committee chairman.

After we reported this, the Wall Street Journal dug up a couple examples of just this issue, one of which occurred in Bachus' district.

Now, it seems, the committee is taking some steps toward investigating Bachus' complaint.

A Financial Services committee aide says, "we are gonna ask the Treasury Secretary and the Federal Reserve to look into the issue [Bachus] raises." In letters to Geithner and Fed. Chairman Ben Bernanke, Frank writes:

I do not know what basis there is for the point he makes but it is a serious issue and must be addressed. Clearly, any discrimination against American owned financial institutions compared to the treatment received by foreign owned institutions would be unacceptable to the Congress, and I believe to the American public. I understand the importance of honoring foreign obligations because of the need for us to continue to receive a flow of foreign investment. But differential treatment in favor of foreign investors does not seem to me to have any basis whatsoever in the law, in policy, and certainly not in the need for a public acceptance of your actions. I therefore ask you to look into this situation thoroughly.

Now, there's a more general aspect to this as well that has less to do with foreign vs. domestic institutions--specifically, that major banks of all sorts were made whole on risky derivative trading before the debts owed to smaller, more risk-averse institutions were even considered. Frank doesn't raise that issue, but the results of this inquiry could nonetheless be revealing.

We'll post the full letter, and supplemental information, very shortly.

Late update: You can see the full letter, and enclosed materials, here.


5 Comments

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I don't understand why smaller banks should have to settle for less than the full amount they're owed.

They should be able to sue for AIG's compliance with their contracts.  That's the other side of keeping AIG out of BK.

I must be missing something.

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What a bunch of demogogic ka-ka.

The nationality of the counter-parties has absolutely nothing to do with anything other than trying to attach a nice jingoistic stench to a story that's about whether parties to entirely different classes of contracts are being treated differently.

The guys in the story are real estate developers who entered into partnership agreements with an AIG affiliate to develop shopping centers. Contractual disputes over payments and capital contributions in those kinds of deals, especially when the economy goes south, are a dime a dozen. Whether AIG has a valid basis for witholding payment under those agreements--e.g. occurance of an event of default or failure of a condition specified in the agreement--is unknown and there's nothing in anything I've seen that precludes the possibility.

Apples and oranges.

Show me an American credit default swap counterparty who's getting the shaft while a foreign company in the exact same kind of contract is getting paid, and I may work up some jingoistic outrage. Otherwise, its just cheap Lou Dobbs hackery.

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I'm sure glad that "formerly known as NC Steve" knows the details of these issues when no one else in the country, except perhaps the perpetrators, do.

Perhaps I'm just a conspiracy nutcase. But it certainly seems to me, taking everything into consideration, that the Wall Street types, both in and out of the Administration, are far far more concerned with the financial well-being of the people they go skiing with than they are with the well-being of the people who grow and process our food, make whatever we still make in this country, take care of ourselves, our children, our parents, etc.

I am a solid Obama supporter, but this policy of rewarding the greedsters who have torn down our economy while paying little regard to the needs of the 320 million other Americans is NOT a lack-of-change I want to believe in.

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Maybe once a year I will praise a republican...good job by Bachus in bringing this to Frank's attention. I have no problem with paying European investors on principle. I do agree though if the US investors get short shriffed that is unacceptable. If the losses aren't going to be paid in full that shortfall should be apportioned across the board.

Merkel is against the European countries doing their own stimulus package to try to help the global economy. And I can kinda agree...If it were me, with the US taxpayers pumping money into German banks why would I feel a need to spend more either.

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B-A-U-C-U-S

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