« Josh is on a witch hunt | MiddleClassBill's Blog | Are the bleeding heart liberals actually DOING anything? »

Why is everyone mad at AIG? It's Congress' fault


I've read a lot of blogs on here that people are very upset at AIG.  And they should be.

But the overwhelming majority of the blogs SHOULD be directed at Congress but I don't seem to see that being the case.

Congress is the one that drafted a stimulus bill which says that as long as bonus payments are pursuant to a written contract entered into on or before 2/11/09, then it's OK to pay the bonus.

Where's the outrage at Congress?  They SPECIFICALLY CARVED OUT these types of bonuses.

23 Comments

| Leave a comment
user-pic

Am I right in concluding that you understand the Section 111 executive compensation restricions as not applying to AIG? Because while it is a TARP recipient, AIG is a recipient in "which the federal government only holds warrants to purchase" its stock?

But are you reading the bill, correctly?

Here's a link; I'm not vouching for its accuracy, but notice ---

The provision doesn't say that the Congress approves bonuses granted outside the terms of the statute, does it?

user-pic

I would like to know what the experts have to say about Ellen's question. But I am going to have to agree with you bill, I am mad at congress. Who is to blame? Dodd?

user-pic

Who is to blame? Dodd?

No, according to DealBook the exemption was added during final negotiations between the administration and Congressional leaders.

The provision that Dodd wanted which required the Treasury Dept to review prior bonuses and negotiate their reimbursement, was included in the final bill according to the same article.

However, not mentioned in DealBook, but included in the article that Ellen linked to is a provision attached to the exemption that "the Treasury secretary or his designee are empowered to determine the validity of such employment contracts".

To me, these read as two different provisions, but maybe it's just two different interpretations of one provision.

user-pic

See this thread by Jane Hamsher. Not Dodd's fault. He fought it and Treasury won!

http://firedoglake.com/2009/03/17/treasury-attempts-to-blame-dodd-for-aig-bonuses/

user-pic

I don't see the connection between the AIG bonus uproar and the Stimulus. Those bonuses were awarded and became legally binding last year.

Any stick to beat a dog?

user-pic

Read this post by emptywheel. You'll see that likely these bonus contracts were negotiated in bad faith by people who knew that their fraudulent enterprise was about to be exposed.

http://emptywheel.firedoglake.com/2009/03/18/edward-liddys-pitch-in-the-wapo/

Indeed, some of these very folks may have been fired:

http://emptywheel.firedoglake.com/2009/03/18/cassanos-golden-parachute-and-the-retention-bonuses/

user-pic

I respect emptywheel of course and if there was fraud of course it should be punished.

I doubt whether there could have been collusion between management and 400 people.

user-pic

Still, if you read those folks at the NY Times, prominent lawyers, all but one states very clearly that contracts can be broken and are broken every day of the week. That there are many routes to do that.

In my view, there is a failure of fiduciary duty here. And the money should come back somehow.

user-pic

But your comment is in bad faith here. :(

It's not relevant to the point of MCB's post, or if it is relevant the relevance is obscured by your words and links.

If the "bonuses" were contracted in bad faith a year ago, so what? That would make it a simple civil court case, not a failure of government fiduciary duty.

user-pic

It's Congress' fault for not outlawing immoral behavior! How could those people and AIG management know what is acceptable in normal society? They work with money, not real stuff!

I can be disappointed that lawmakers blew a chance to emplace a useful mechanism, and still be really pissed at the arrogance and insensitivity of AIG management and employees.

user-pic

You have it backwards.

....Can that be any clearer? It was Obama officials, not Dodd, who demanded that already-vested bonus payments be exempted. The provision which shielded already-promised bonus payments from the executive compensation limits ended up being inserted at the insistence of Geithner. A spokesperson for Dodd, who is now consumed by these completely unfair attacks, finally confirmed today that these provisions were inserted at the direction of Treasury officials....

Yet now, the Obama administration is feeding reporters the accusation that it was Dodd who was responsible for the exemptions that protected already-vested bonuses.....

http://www.salon.com/opinion/greenwald/2009/03/17/dodd/index.html

user-pic

More

....What actually happened is the opposite. It was Dodd who did everything possible -- including writing and advocating for an amendment -- which would have applied the limitations on executive compensation to all bailout-receiving firms, including AIG, and applied it to all future bonus payments without regard to when those payments were promised. But it was Tim Geithner and Larry Summers who openly criticized Dodd's proposal at the time and insisted that those limitations should apply only to future compensation contracts, not ones that already existed. The exemption for already existing compensation agreements -- the exact provision that is now protecting the AIG bonus payments -- was inserted at the White House's insistence and over Dodd's objections. But now that a political scandal has erupted over these payments, the White House is trying to deflect blame from itself and heap it all on Chris Dodd by claiming that it was Dodd who was responsible for that exemption.....

user-pic

Most everything that gets screwed up in this country involves congress. Generally speaking the other party involved is big business. Together they have totally made a mess of everything. Theirs is a symbiotic relationship of which they are the one and only guaranteed beneficiaries. The entire rest of the country gets the leftovers.

user-pic

The President's administration (Treasury) is in charge of the TARP funds. The second section of bailout funds was authorized for the administration (before the stimulus bill,) on basically the basis that they could do with it what they wanted, on a carte blanche basis, with Congress only having the power to complain afterwards. The TARP program was initiated on that basis while Bush was still president, and Obama not only voted for it, he used his support for it to win the presidency.

If you want to blame the last Congress for giving that power to the administration, and the current Congress for not limiting that power on the release of the second set of funds, now that I think is a legit point.

user-pic

I'm not inclined to split hairs on any of this. The decision was made by our government and in the end it doesn't make a lot of difference who what or when.

All the finger pointing isn't going to help the tens of millions of people who have had their life savings trashed and who are facing some bleak years in retirement. And that says nothing about those who are still a ways from retirement who will be playing catch up and also shoulder some of the front end debt being incurred. There are especially tens of millions of people who have no stake at all in this who are being made to share in the larger loss. That is very screwed up.

user-pic

Sen. Ron Wyden [D-OR] was on Rachel Maddow last night and stated that he worked with Olympia Snow [R-ME] to have a provision regulating the bonuses. It was taken out of the bill in its final stages. This could have been avoided.

At the same time, why are we not talking about the union contracts that were broken or renegotiated and those executives taking a dollar/year for a salary? As the attorneys stated in the post above, contracts are broken every day. We should hold the money and let them come out of the woodwork and sue for their bonuses if they think they deserve them. frankly, gauging their performance, I question why they have jobs at all.

user-pic

A whole lot of things could be put right if people just made it clear to these elected members of Congress that they will remember to vote against them next time around. It's simple. We're just not doing it.

user-pic

Bill, we sort of agree on something for a change. I suspect that Congress is falsely claiming ignorance of the TARP fiasco in general, and the AIG fiasco in particular.

However, I also suspect that the behind the scenes situation was/is so precarious that congress has probably necessarily been complicit in hiding the full reality from the public. Just maybe, the stories that the failure of AIG would produce a cascade collapse of the world economy aren't simply B.S.

user-pic

AIG insures incredible enterprises. Don;t think about cars and houses. It's skyscrapers and oil tankers and oil platforms and other monstrosities. There are not many other players who can replace them. The question is, can all the other players replace them? And what about the losses in the interim while those mostrosities are seeking other insurers? That's when the crisis happens and businesses suffer losses insurers cannot restore.

user-pic

According to Yahoo, Dodd admits that he was responsible for the controversial language.

http://news.yahoo.com/s/politico/20090318/pl_politico/30833

user-pic

I am mad at congress for authorizing the bailouts in the first place. It's unlikely that, in bankruptcy, where AIG belongs, that a judge would have approved these payouts. By keeping AIG out of bankruptcy, our government allowed this lunacy.

AIG is insolvent and knows its insolvent. These payments should be viewed as an illegitimate transfer of assets out of receivership. But... bailout means no receivership and that's how they got away with this.

Yes, I'm mad at congress. Because they got hoodwinked into the phony notion of "systemic risk." Maybe I'm being too rough on them, I got hoodwinked too for awhile. But I've finally realized that the world will get on fine if Goldman Sachs goes under.

user-pic

I am mad at congress for authorizing the bailouts in the first place.

Politics makes strange bedfellows!

The House defeated it at first in September, 228-205, remember? With the market crashing in response? It was the conservative Republicans leading the charge against its passage:

....Republican lawmakers took turns lambasting the bill on the House floor. Many stood at the podium in outrage, loudly urging their fellow representatives to shoot down the measure.

....“Madam Speaker I have this bill, it’s over 100 pages long,” said Rep. Ted Poe of Texas, raising a copy of the measure over his head and displaying a picture he had brought of a battered Uncle Sam. “That means it’s a billion dollars a page. New York City fat cats expect us to pay for it. I think not.”....

....Gresham Barrett, a Republican from South Carolina....“We cannot allow the American taxpayer to become the insurance policy for financial decisions that didn’t quite turn out as planned,” he said. “I fear that this legislation erodes accountability and the freedom that comes with it.”

.....Some Republicans said the bill would set in motion bailouts for one bank after another....

and many accused the Dems who voted with them, and against Pelosi's wishes, of bluedogdom for that reason.

Then the Senate got to work on it, with not a little input to Congressional leaders from Senator Obama via phone, who was expecting to win the presidency, and who said in his campaign speeches that passage was necessary. McCain's initial gut reaction was to be against it, but something changed his mind, like falling poll numbers as the financial crisis picked up pace.

user-pic

The above was meant as a reply to destor23's comment @ 10:19pm. As long as I am adding an addendum, I'd like to add this link:

Straight from the House's mouth: Why the bailout bill failed, CNN, Sept. 30, 2008:

....a majority of Democrats -- 140 -- supported the bill and 95 voted against it. Most Republicans -- 165 -- opposed the plan, while 65 supported it.

During impassioned speeches on the House floor Monday and a media blitz Tuesday, Democratic and Republican House members who voted against the plan argued that, despite the staggering price, the bill did not provide adequate protection for the average taxpayer and that it gave too much power to the Bush administration with little oversight.

"I want Wall Street to pay to bail Wall Street out rather than putting the burden on people who had nothing to do with this," said Rep. Lloyd Doggett, a Democrat from Texas.

He added: "My vote was a vote to say protect the taxpayer first [and] don't give President Bush unlimited discretion. We know where that's taken us before on other matters."

Rep. Marsha Blackburn, a Republican from Tennessee, who worked on the deal during the weekend but ended up voting against it, said the bill asked too much of taxpayers.

"You're talking about $700 billion, a $250 billion blank check at this point for [Paulson]," she said. "But then, on top of that, when you read the bill, there was an increase in the federal debt limit to $11.3 trillion. Now, that is all taxpayer cost."

Republican Rep. Paul Broun of Georgia described the bill as "a huge cow patty with a piece of marshmallow stuck in the middle. I'm not going to eat that cow patty."....

And this one:
Lou Dobbs: Hooray for those who defeated bailout

Leave a comment

MiddleClassBill

user-pic

Following: 0
Followers: 9

Posts
Comments & Recommends


Favorites

All Reader Posts
How to use myTPM

Advertise Liberally
Share
Close Social Web Email

"To" Email Address

Your Name

Your Email Address