No Runny Eggs

The repository of one hard-boiled egg from the south suburbs of Milwaukee, Wisconsin (and the occassional guest-blogger). The ramblings within may or may not offend, shock and awe you, but they are what I (or my guest-bloggers) think.

Archive for March 23rd, 2009

A couple of lost things regarding the AIG “bonuses”

by @ 23:20. Tags:
Filed under Business, Politics - National.

(H/T – Tom Maguire at JustOneMinute via Dad29)

The Washington Post did some actual journalism the other day, and took a look at AIG’s Financial Products subsidiary. Allow me to highlight a couple of key paragraphs from the story, written by Brady Dennis:

The handful of souls who championed the firm’s now-infamous credit-default swaps are, by nearly every account, long since departed. Those left behind to clean up the mess, the majority of whom never lost a dime for AIG, now feel they have been sold out by their Congress and their president….

They say what is missing from this week’s hysteria is perspective. The very handsome retention payments they received over the past week were set in motion early last year when the firm’s former president, Joe Cassano, was on his way out the door. Financial Products was already running into trouble on its risky credit bets, and the year ahead looked grim. People were weighing offers from other firms, and AIG executives feared that too many departures could lead to disaster.

So AIG stepped in with an offer to employees of Financial Products. Work through all of 2008, and you’d get a lump payment in March 2009. Stick around through 2009, and you’ll get paid through 2010. Almost all other forms of compensation — bonuses, deferred payments and the like — have vanished….

In actuality, (chief operating officer Gerry Pasciucco) said, nearly all the troublesome sectors of the business — namely, the risky credit derivatives written on mortgage-backed securities — are now out of the equation, as are the people who worked on them. That leaves a small number of employees to untangle the remaining trades in four main areas: commodities, interest rates, currency and equities — most of which were fully hedged and have caused little problem. The effort also requires a sizable number of “back office” staff, such as systems, computing, accounting, human resources and legal teams.

Of course, you won’t hear those little tidbits from the thundering herd bound and determined to use this for their own political and socioeconomic ends. For those that can comprehend what the WaPo said, you can leave now and report to the JustOneMinute thread. For those that need a shorter and far-more-vulgar explanation, please flip to page 2.

Iowahawk – Obama’s Teleprompter speaks

by @ 16:41. Filed under Politics - National.

If you’re not following Iowahawk at all his various places (this time at Big Hollywood), you’re missing a lot. This time, The Teleprompter lets loose with some new demands…

[youtube]http://www.youtube.com/watch?v=3hSnEMV58F8[/youtube]

Go, watch.

Revisions/extensions (11:24 pm 3/23/2009) – Fixed the embed.

Not exactly satisfactory

by @ 14:21. Tags:
Filed under Politics - National.

Over the weekend, I asked Rep. Paul Ryan’s office for an expansion on his reasons to vote for the 90% TARP tax. This statement sent to me this morning isn’t exactly what I was hoping for:

Wisconsin’s First District Congressman Paul Ryan voted in favor of H.R. 1586, which passed the U.S. House of Representatives by a vote of 328 to 93. His statement follows:

“I share the outrage of those I serve. At a time when job losses are mounting and difficult days lie ahead for our nation’s economy, the last thing Congress should do is waste taxpayer dollars. The same individuals who drove AIG into the ground should not be rewarded with bonuses on the backs of taxpayers. Efforts to stabilize the financial system to get credit flowing again and protect jobs must not be diverted to subsidize failure. If the Janesville and Kenosha auto workers were forced to take pay and benefit cuts as a condition for TARP funding, then surely the AIG executives who helped create this crisis should not receive taxpayer financed bonuses.

This bill was rushed through the U.S. House of Representatives in order to cover up the fact that the stimulus legislation, which passed earlier this year, specifically made these bonuses possible. The truth is these bonuses would have been avoided if Senator Christopher Dodd (D-CT) and the White House had not removed the provision blocking them. The American people have a right to know how these taxpayer-financed bonuses occurred in the first place. I voted in favor of this bill because I believe these taxpayer-financed bonuses should never have been allowed.

The critical issue of the bill’s constitutionality, however, must be fully explored. I have received contradictory opinions from legal experts on this matter, and Congress should have allowed more time to deliberate and settle this important issue. Unfortunately, this bill was rushed to the floor in the same manner that the stimulus legislation was considered which created this mess in the first place.”

Where do I begin? Let’s start at the top. While the GM and Chrysler were required to renegotiate their union contracts, those talks have not yet yielded a final agreement. I will note that one of the few concessions the UAW gave Ford, which is expected to be the general framework for the new agreements with GM and Chrysler, was the suspension of bonuses.

There were points at which the government “could” have required AIG to not pay bonuses. Rep. Ryan pointed out one of them. Another point was to make it a part of TARP back in October. A third was when the Federal Reserve first started bailing out AIG. I would still consider that odious, just as I consider the bailout of GM and Chrysler odious, with any demand from the Fed Reserve just a bit less so. It would, however, have had the advantage, at least in September and depending on how it was written, at the other points, of being something that AIG voluntarily entered. That is something that can be said for GM and Chrysler; they took their federal money knowing they had to get concessions out of the UAW.

Instead, Treasury Secretary Timothy Geithner rammed home the bonuses when he was head of the New York Federal Reserve bank, the originator of the first of the infusions of cash into AIG. Instead, Sen. Chris Dodd (D-CT) inserted protection of the bonuses into the last of the infusions of cash into AIG.

Yes, it is a punitive tax. It does not apply just to future bonuses, but those paid out on January 1, 2009. As James Taranto pointed out, in high-tax locales, the cumulative tax rate would be over 100%. It is so bad that even the Obama administration has misgivings about using this particular vehicle.

I can’t put it better than Sen. Judd Gregg (R-NH): “People are disgusted and outraged, as they should be. But let’s not overreact in a way that basically has the Congress grabbing its pitchforks, and charging up the hill, and abusing what is a core authority of a government, which is the authority to tax its people.”

Regarding the bill’s constitutionality, or lack thereof, it is rather easy to apply the “duck” test. If it looks like an ex post facto bill of attainder, waddles like an ex post facto bill of attainder, and quacks like an ex post facto bill of attainder, I expect the courts will call it an ex post facto bill of attainder.

Will Dems Let The Sun Shine?

by @ 10:26. Tags:
Filed under Politics - National.

Missed in the AIG hullaballoo last week is this House resolution:

Resolved, That the House of Representatives directs the Secretary of the Treasury to transmit to the House of Representatives, not later than 14 days after the date of the adoption… (Introduced in House)

HRES 251 IH

111th CONGRESS

1st Session

H. RES. 251

Directing the Secretary of the Treasury to transmit to the House of Representatives all information in his possession relating to specific communications with American International Group, Inc. (AIG).

IN THE HOUSE OF REPRESENTATIVES

March 17, 2009

Mr. LATOURETTE (for himself, Mr. BOEHNER, Mr. CANTOR, Mr. PENCE, Mr. MCCOTTER, Mr. UPTON, Mr. PETRI, Mr. TIBERI, Mr. WALDEN, Mrs. EMERSON, Mr. GERLACH, Mr. DENT, Mr. BARTLETT, Mrs. MILLER of Michigan, Mr. SIMPSON, Mr. AUSTRIA, Mr. PLATTS, Mr. KIRK, Mr. WHITFIELD, Mr. GOHMERT, Mr. DUNCAN, Mr. DREIER, Mr. REICHERT, Mr. BILBRAY, and Mr. EHLERS) submitted the following resolution; which was referred to the Committee on Financial Services


RESOLUTION

Directing the Secretary of the Treasury to transmit to the House of Representatives all information in his possession relating to specific communications with American International Group, Inc. (AIG).

   Resolved, That the House of Representatives directs the Secretary of the Treasury to transmit to the House of Representatives, not later than 14 days after the date of the adoption of this resolution, copies of any portions of all Department of the Treasury documents, records, and communications referring or relating to–

      (1) any negotiation concerning the controlled break-up of the American International Group, Inc. into at least 3 Government-controlled divisions;

      (2) any negotiation concerning any additional assistance under title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et seq.) or other program administered by the Secretary to such corporation; or

      (3) any Government communication or authorization for payment of any pre-existing bonus contract with any executive of the American International Group, Inc.

This is House Resolution 251. The resolution is authored by Ohio’s Steven LaTourette. The resolution is cosponsored by 51 House Republicans.

Between Senator Dodd and Secretary Geithner, there are at least 3 different versions of how much was known about the AIG bonuses. Using the assumption that AIG was trying to “sneak one by,” the Democrats passed a punitive tax on those receiving bonuses. They did this in part to take the focus off of their own party’s incompetence of thinking through details, at best, or negotiating the details and not having the courage of their convictions, at worst. Given the serious questions this issue raises about Geithner’s integrity and ability, I would think “the most ethical and transparent” administration ever would support this resolution.

Cue the crickets!

BTW, I don’t see Paul Ryan’s name on the list of cosponsors. I would expect the fine Congressman to want the full details of this issue. Of course, there still remains the possibility that he just wishes no one to reraise the question of his vote on the AIG bill.

Revisions/extensions (2:37 pm 3/23/2009, steveegg) – Fixed the link and did some formatting changes. Also, I note that Wisconsin’s other two Republican Congressmen, Jim Sensenbrenner and Tom Petri, are listed as co-sponsors.

A Swing and a Miss

by @ 10:03. Filed under Economy, Politics - National.

This morning, Treasury Secretary Timothy Geithner released his plan for Toxic assets.  Geithner’s latest attempt to solve this problem is called the , Public Private Partnership Investment Program

In its simplest form, Geithner’s plan would have the FDIC front a program where investment companies could place their “toxic assets” up for sale in an auction process.  Private entities would be able to bid on the toxic assets and via FDIC guarantees, be able to leverage their money 6:1.  The equity investment required to purchase the assets would be shared equally between the government and the private entity purchasing the toxic asset.  Perhaps this example from Geithner’s document will help clarify how this will work:

Sample Investment Under the Legacy Loans Program

Step 1: If a bank has a pool of residential mortgages with $100 face value that it is seeking to divest, the bank would approach the FDIC.
Step 2: The FDIC would determine, according to the above process, that they would be willing to leverage the pool at a 6-to-1 debt-to-equity ratio.
Step 3: The pool would then be auctioned by the FDIC, with several private sector bidders submitting bids. The highest bid from the private sector – in this example, $84 – would be the winner and would form a Public-Private Investment Fund to purchase the pool of mortgages.
Step 4: Of this $84 purchase price, the FDIC would provide guarantees for $72 of financing, leaving $12 of equity.
Step 5: The Treasury would then provide 50% of the equity funding required on a side-by-side basis with the investor. In this example, Treasury would invest approximately $6, with the private investor contributing $6.
Step 6: The private investor would then manage the servicing of the asset pool and the timing of its disposition on an ongoing basis – using asset managers approved and subject to oversight by the FDIC.

Before I dissect the plan can I ask one question?  Is this it?  Is this what we waited two months for?  Is this the plan that Geithner was “uniquely qualified” for to put together?  How could this answer have taken more than about a partial weekend to come up with?

What’s not to like?  Plenty!

First, the FDIC and TARP are carrying nearly 93% of the risk of the asset program.  Obviously, if the assets are purchased at the “right” price, there is upside for these “investments.  However, with the private equity folks having to only pony up 7% and having significant return possibilities with minimal downside, isn’t it more likely that the assets get over priced in the auction rather than under priced?  Isn’t this the same kind of a scenario that lead to the toxic assets in the first place?

Second, I question how much of the debt will be placed up for auction.  Yes, the folks holding them would like to clear their books of them.  However, an auction can get you both less than you have the asset marked at as well as more than the asset is marked at.  This market is still very very thin.  Couple that with the uncertain economic environment and it would seem that there will be few players able and willing to bid on these assets.  Auctions work best when there are lots of bidders and the items being bid on have great transparency as to what’s being bid on.  I don’t see either of those situations occurring with these auctions.

Third, and perhaps most important, as it title states, this program is based on private participation.  OK, admittedly, the private participation is not much more than a way for Geithner to attempt to legitimize the government guaranteeing/buying these assets, but private companies are still required.  If the AIG kerfuffle showed nothing else, it showed that the Democrats have nothing but disdain and contempt for anyone who has made out better than whatever they think is “fair.”  The Democrats have also put private enterprise on notice that whoever uses government money is subject to retroactive “adjustments” if the Democrats think you did better than you ought to have done. 

Geithner’s new program would have private investors leveraging government funds to purchase these assets.  Isn’t that what AIG is/was doing?  If the private investors are able to drive significant returns on the toxic asset program what guarantee is there that Congress, specifically the Democrats, won’t come back afterwords and say “we want more!”  With this as the backdrop, how many private investors do you think will be willing to put their money at risk in another government supported effort?

I’ll say right now that I may be completely wrong about this program.  As I write this, the DOW is up 260+ points on the anticipation of this program.  I suspect however, that this may look a lot like last week’s announcement by the Fed to expand it’s balance sheet by over a trillion dollars, the DOW ran up on the anticipation but sold off the following two days as investors digested the implications and reality of what the Fed had done.

My take?  This is another “swing and a miss” by Geithner.  That makes a strike out on my stat sheet.

Update 3/23 10:44 AM – and if you think the disincentive of working with the government is limited only to AIG because Congress so “carefully crafted” the legislation not to have any unintended consequences, think again!  Read this about what is happening at another “failing bank.”  You can bet most of the other “failing banks” are impacted by the unintended consequences of the AIG bill as well!

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