<http://www.truthout.org/>

TUESDAY 17 MARCH 2009

<http://www.truthout.org/031709J>A.I.G. Using "Suicide Strategy" to 
Push Bonuses

<>

by: Matt Renner, t r u t h o u t | Report

     Washington, DC - As nationwide populist anger boils after the 
news that hundreds of millions of taxpayer dollars may be given to 
employees of the insurance-giant-turned-government-liability American 
International Group (A.I.G.), President Obama promised to try to 
block what he described as an "outrage" Monday, but a group of former 
regulators said the administration must get even tougher with A.I.G.

     "[A.I.G.] is a corporation that finds itself in financial 
distress due to recklessness and greed. Under these circumstances, 
it's hard to understand how derivative traders at A.I.G. warranted 
any bonuses, much less $165 million in extra pay. I mean, how do they 
justify this outrage to the taxpayers who are keeping the company 
afloat?" Obama said, adding, "I've asked [Treasury] Secretary 
Geithner to use that leverage and pursue every single legal avenue to 
block these bonuses and make the American taxpayers whole."

     $165 million is set to be paid to executives of A.I.G.'s 
financial products division, the same people who made unregulated 
bets against the failure of major financial institutions and other 
companies. Losses on these bets are a major reason the company is 
failing, reporting a record-setting $60 billion loss last quarter.

     Economics and law Professor William K. Black, a famous figure in 
the savings and loan crisis of the 1980s for his role as a senior 
regulator who fingered the then speaker of the House and "The Keating 
Five" for doing favors for bankers, has been a vocal critic of the 
bailout programs, which began during the Bush administration.

     In an interview with Truthout, Professor Black said that A.I.G. 
is using a "suicide strategy" to hold the government hostage and keep 
the bailout funds flowing.

     "A.I.G. is holding a gun to their own heads, saying 'unless you 
help us continue to have this incredible life in terms of bonuses, 
we're going to die and the taxpayers will be faced with a 
catastrophe,'" Professor Black said, adding "It's too bad Marxists 
don't believe in god. Otherwise they'd be thanking him for having 
sent A.I.G. down to earth to destroy capitalism."

     Earlier on Monday, Professor Black joined three other notable 
analysts with deep industry, regulatory and academic experience in 
issuing <http://accuracy.org/newsrelease.php?articleId=1949>a 
punishing statement calling for decisive action on A.I.G. and the 
ongoing bailout.

     "A.I.G.'s decision to pay out at least $165 million in bonuses 
takes the bank bailout program's abuse of the public trust to a whole 
new level. This act simply cannot be allowed to stand. The only 
question is how to stop it," the statement said.

     The plan to stop the bonuses would require bold action by 
government officials overseeing A.I.G., which is now 80 percent owned 
by the government after being given 173 billion taxpayer dollars to 
bail the company out.

     The statement called on the Obama administration to reassert its 
leverage in the A.I.G. matter by ordering the US officials overseeing 
the company to stop bonus payments. Then, the government could split 
off A.I.G.'s derivatives unit - the riskiest part of the company, 
which brought about A.I.G.'s collapse - and threaten to allow it to 
go into bankruptcy if the executives don't clean up their act.

     In other words, the statement advised the Obama administration to 
call A.I.G.'s bluff and see if they'll really pull the trigger.

     In their defense, A.I.G. said that they are contractually 
obligated to pay the bonuses in question. Not paying these bonuses, 
the company said, would cause their executives to leave the company 
and could trigger a collapse at A.I.G., which could set off a 
collapse around the world.

     Credit Default Swaps

     The derivatives unit at A.I.G. trafficked heavily in financial 
products called credit-default swaps (CDSs). Originally devised as a 
type of insurance, CDSs morphed into an unregulated form of gambling 
akin to being able to take out fire insurance on a house you don't 
own and getting paid if the house burns. Because major financial 
institutions were betting on billion-dollar companies, and betting 
with each other on each other, their fates are bound together by 
these bets. If one company goes into bankruptcy, it could set off a 
string of default swaps and could fold the whole system in on itself.

     Documents released by A.I.G. on Sunday show that $43 billion in 
taxpayers' money has been spent by A.I.G. to pay off financial bets 
to both US and international banks with a whopping $13 billion going 
to the politically connected Wall Street giant Goldman Sachs.

     The documents directly 
<http://www.reuters.com/article/newsOne/idUSTRE48R2Y820080928>contradict 
a statement made during a conference call with stock market analysts 
by Goldman Sachs chief financial officer David Viniar, who said that 
Goldman was only immaterially at risk if A.I.G. failed.

     The CDS market has an approximate value of 50 trillion dollars 
worldwide. Critics charge that this massive, complicated and 
extremely murky market continues to hover over the heads of the 
global financial system like the blade of a guillotine with the banks 
holding the executioners rope, daring the government to stop funding 
their bailouts.

     CEO Resignation?

     In their statement, the former insiders called for the 
resignation of A.I.G.'s new CEO Edward Liddy for not anticipating and 
alerting the Treasury Department of the bonuses which started this 
firestorm.

     "Right now, press reports suggest that the firm's top management 
waited until the last minute to inform the government of what was 
happening. A.I.G. CEO Edward Liddy, accordingly, should be asked to 
resign at once, for the sake of public confidence and to send a clear 
signal that gaming the system is unacceptable," the statement said.

     Liddy is a former member of the Goldman Sachs board of directors.

     Obama seemed to defend Liddy in his remarks. "[Secretary Geithner 
is] working to resolve this matter with the new CEO, Edward Liddy - 
who, by the way, everybody needs to understand came on board after 
the contracts that led to these bonuses were agreed to last year." 
Obama said.

     Obama added a warning to Liddy and others on Wall Street: "But I 
think Mr. Liddy and certainly everybody involved needs to understand 
this is not just a matter of dollars and cents. It's about our 
fundamental values. All across the country, there are people who are 
working hard and meeting their responsibilities every day, without 
the benefit of government bailouts or multi-million dollar bonuses 
... All they ask is that everyone, from Main Street to Wall Street to 
Washington, play by the same rules. And that is an ethic that we have 
to demand."

     Investigations

     The statement called for an "investigation of the validity of 
A.I.G.'s past accounting and securities disclosures and its executive 
compensation program by the Office of Thrift Supervision, the 
Securities and Exchange Commission, and the FBI."

     "I think that A.I.G. is simply one of the most obvious examples 
where their accounting was false. Fraudulent accounting at a publicly 
traded company is securities fraud and that's a felony," Professor 
Black told Truthout.

     Professor Black is confident that a thorough investigation of 
A.I.G.'s books would reveal misdeeds. "Even though we effectively own 
the place, we have left it in the hands of the people who have every 
incentive to hide the past losses and to hide all the past accounting 
fraud that justified all their past bonuses. These people aren't at 
risk of simply losing their calendar year 2008 bonus. If this place 
were torn apart properly, they'd lose all their prior years bonuses 
as well."

     Previous investigations of top management and accounting 
practices at A.I.G. have been swept under the rug with no criminal 
penalties.

     In February 2005, A.I.G. agreed to pay $1.64 billion to resolve a 
lawsuit alleging the company used deceptive Enron-style accounting 
practices in order to mislead investors and government regulators.

     Mark J. Novitsky, a corporate whistleblower and independent 
researcher, blames the Securities and Exchange Commission (SEC) for 
failing to enforce the Sarbanes-Oxley law, passed in the wake of the 
Enron and Worldcom accounting scandals, which was supposed to hold 
executives accountable for fraudulent accounting practices.

     "What progress has been made since the enactment of 
Sarbanes-Oxley in 2002 that would leave people to believe the SEC is 
capable of detecting and preventing fraud and is willing to prosecute 
those who commit financial fraud?" Novitsky asked, adding, "It is 
obvious in hindsight, after the SEC failed to uncover massive fraud 
in cases like Bernie Madoff, Stanford Financial, Bear Sterns, Fannie 
Mae and A.I.G., the public was misled into believing that 
Sarbanes-Oxley was some kind of an answer. No question my personal 
experiences leads me to believe that the fox has most certainly been 
guarding the hen house."


<mailto:[email protected]>Matt Renner is an editor and Washington 
reporter for Truthout. He can be reached at 
<mailto:[email protected]>[email protected].
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