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Joanne Bamberger

Joanne Bamberger

Posted March 16, 2009 | 02:28 PM (EST)

Dear AIG, I've Solved Your Bonus Problem!


I don't practice law anymore, but after having contract law in my head for over 15 years, there are still a few tidbits bouncing around in there. Maybe I'd be better off if that wasn't the case, because then this whole crapola story about AIG not being able to get out of paying $165 million in bonuses to its employees wouldn't keep me up at night.

As a recovering attorney, I know full well people break contracts every day -- that's why lawyers have jobs! It's not a question of whether you can break the deal or not, it's a matter of whether one is prepared to live with the consequences of breaching a contract. So if AIG just said, "We know we agreed under other circumstances that we'd pay big bonuses, but we're not paying because things are drastically different," what then?

Poor AIG says it has no alternative. Woe to the insurance giant. It's stuck.

Or they're crying wolf.

They're worried about keeping the "best and the brightest?" Well, if the purported best and the brightest got us into our economic mess, maybe we'd all be better off if AIG and the other financial corporations let them go. And if they don't get their millions, what are they going to do, quit? It's not like there are tons of jobs out there at the moment. 600,000 people are losing their jobs every month and I don't think the financial sector is really in a hiring mode at the moment.

And if they don't pay the bonuses, those employees have something they can do -- they can renegotiate or they can sue AIG! I am so not worried about whether there will be a run on employees suing AIG if they don't get their bonuses. Is there really a jury in the country that would side with them? Is there an attorney in the land who would take on those cases? Maybe one, but he's a smidge busy with Bernie Madoff.

And there are plenty of other sectors where employers are saying if employees want to keep their paycheck and health benefits, they need to take a salary cut. So, in light of all that, what is the government afraid of if it pushes AIG to make the same kind of decision many other employers are, especially since they're doing it with our money?!

I wish I had the real answer to that question. Something just doesn't feel right. President Obama's person was on the Sunday talk shows claiming that the fundamentals of our economy are sound and we ought to be buying cars. Larry Summers was almost speechless when asked why AIG and the other banks can't give us the details of where the money has gone. When was the last time you saw Larry Summers speechless?

I have absolutely no confidence that anyone is telling the real story when it comes to fixing the economy, whether it's our new administration or the corrupt financiers who made their deals with the devil and now want the rest of us to tell Beelzebub that they didn't really mean to sell their souls and ours with crazy loans and credit default swaps that are the equivalent of gambling.

The answer to the problem at the moment is simple -- the government tells lenders and the likes of AIG that if they took bailout money they can't pay bonuses to people. Period.

Why is Uncle Sam so afraid of such an easy solution?


Joanne Bamberger is a political and social media analyst who is the founder and editor-in-chief of the political blog, PunditMom. She also manages her addiction to all things political at BlogHer, where she is a Contributing Editor for News & Politics, and MOMocrats, a group blog about politics from the perspective of progressive mothers.

I don't practice law anymore, but after having contract law in my head for over 15 years, there are still a few tidbits bouncing around in there. Maybe I'd be better off if that wasn't the case, beca...
I don't practice law anymore, but after having contract law in my head for over 15 years, there are still a few tidbits bouncing around in there. Maybe I'd be better off if that wasn't the case, beca...
 
 
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anothervoice2
Mitt has secret accounts in 7 countries
03:21 PM on 03/17/2009
Spot on. But Congress specifically exempted (amendment courtesy of Sen Dodd) compensation contracts entered into prior to Feb 11, 2009 from the pay limits in the recent TARP bill. And President Obama signed it - no threat of veto to have that amendment taken out. So they willingly let it go - knew these bonus payouts were due and now pretend to share the public outrage. Sheer drama.

The WSJ reports today that the bailed out WS firms are figuring out ways to get past the bonus limits in the recent TARP bill by a massive increase in base salary. Now that the WH and Congress know what these firms are up to, will they proactively fix the loopholes in the TARP legislation? Or is another big production of "Outrage -2, the Sequel" in the works?!!
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SteveDenver
Progressive and liberal, just like Jesus Christ.
12:00 PM on 03/17/2009
"President Obama's person was on the Sunday talk shows claiming that the fundamentals of our economy are sound"

Date, show and time, please. I'm a Democrat and I supported Obama, and if this kind of crap is being said on TV, I want to know who said it and go after them. This is B.S. if it's true, and if you "paraphrased," shame on you.
08:28 AM on 03/17/2009
Why not put a list of THE EXECUTIVE who's getting the 167 million from AIG are on the website with their home address ect and lets see how long the folk survive in the public ,when the average american who has tightened his belt,lost his house and job and has a portfolio is equals to 46 % less than a year ago and can't send his son or daughter to college. We've have had an gut full of their greed. Watch the crazies come out of the woodwork and theses executives will be scrambling to save them self's AND their Families and they'll decide their life aren't worth any amount of money.
If they are the brightest and the best of AIG then I'm the King of THE USA so bow down "peasants"!
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HUFFPOST SUPER USER
ScottontheSpot
02:27 AM on 03/17/2009
The AIG bonuses are a sideshow - as convenient for the government to focus on as for AIG to pay out as hush money so disgruntled employees won't quit and write books about how they were pressured by upper management to "make their numbers" even when they knew what they were doing was wrong - how often have we heard THAT excuse from the ex-mortgage brokers lately? The real question is what the heck happened to the last $170 Billion was gave or loaned AIG? There are reports in the WSJ that $90 Billion of it went to counterparties including many of the other megabanks. More hush money? Settlements on the vastly reduced value of Credit Default Swaps? Enquiring minds want, and deserve, and have the right, to know. We technically own their ass(ets), and we should be able to see their books, but even Bernancke, as mad as he claims to be, won't allow that. What gives here, other than the taxpayer?
02:05 AM on 03/17/2009
Hmm, I know..How about this? Don't payout the "bonuses", let the bastards sue for "breach of contract", let it go to court, and let a jury decide! What would be wrong with that?
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HUFFPOST SUPER USER
stagebandman
10:34 PM on 03/16/2009
How about we do the same with AIG that we did with Bell? Charge them with a monopoly and break it down into smaller companies, which is what it was before. Then AIG just bought up or absorbed them . This is the legacy of Reagan / Bush. And this is why Americans don't believe they have a choice. But they do. And people need to be alerted to these things. Time for entrepreneurs to step up and start things. We've done it before, we can do it again!
06:17 PM on 03/16/2009
I want to know what persons are receiving these bonuses. Also-I think we are not being told the whole truth because of the catastrophic repercussions worldwide.If you took an average loan, $250,000 multiply by the number of homes sold between 2003 and 2006 , what is your total? WHAT THE HELL IS GOING ON?

FYI- before this so-called mortgage back securites fraud

2008 “This case is one of the largest corporate fraud investigations involving a privately held company headquartered in small town America,” said Assistant Director Kenneth W. Kaiser of the FBI Criminal Investigative Division.

The federal prosecutor noted in the NCFE case: 'Ladies and gentlemen, this is a case of staggering fraud,' Wise said. 'It is one of the largest frauds the FBI has ever investigated.’
National Century's collapse never gained much attention outside business circles, largely because it was a privately held company

DECEMBER 2008- National Century fraud case produces 1st & only acquittal
Thursday, December 18, 2008 3:29 AM Prosecutors' case fell short, juror says
By Jodi Andes THE COLUMBUS DISPATCH

Who is James K Happ?
Mr. Happ served for three years as executive vice president of NCFE, ... prior to NCFE Mr. Happ also served as chief financial officer of the Dallas-based Columbia Homecare Group, Inc., In this role, participated in the divestiture of all of Columbia/HCA's home care operations.(Richard Scott)
06:05 PM on 03/16/2009
Open Secrets concludes:

Last year AIG and its subsidiaries spent about $9.7 million on federal lobbying, or about $53,000 for every day Congress was in session in 2008. The company's spending on advocacy last year was down from an all-time high of $11.4 million spent on lobbying in 2007.
06:01 PM on 03/16/2009
Open Secrets has the answer to the question as to why AIG has received huge payouts:
"In the last 20 years American International Group (AIG) has contributed more than $9 million to federal candidates and parties through PAC and individual contributions. That's enough to rank AIG on OpenSecrets.org's Heavy Hitters list, which profiles the top 100 contributors of all time."
02:54 PM on 03/16/2009
Don't under estimate the stupidity of these circus clowns. Those contracts probably contain waivers of jury trials, jurisdictional submission to the courts of France, liquidated damages favoring the employee all secured with letters of credit issued by the Bank of England.
05:49 AM on 03/17/2009
bank of England?

hey...that reminds me of....

remember ENRON??

didnt that have to do with the former administration, plus banks in England also?