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Les Leopold

Les Leopold

Posted: January 13, 2010 03:42 PM

Shadow-Boxing With the CEOs: Day One at the Financial Crisis Inquiry Hearings

What's Your Reaction:

The heads of Goldman Sachs, JP Morgan Chase, Morgan Stanley, and Bank of America came to testify and said... just about nothing.

Yes, they made mistakes. But gee, they had learned a great deal and they certainly didn't cause the crash. They promised they are managing risk better, even though they claimed always to have done so. Also, they insist they are not too big too fail and they are reforming compensation so we shouldn't worry about their sky-high compensation packages.

After these predictable pronouncements, Phil Angelides -- the former Democratic California State Treasurer and Chairman of the Financial Crisis Inquiry Commission (FCIC) -- came out swinging at Lloyd Blankfein, CEO of Goldman Sachs. But he ended up shadow-boxing.

Angelides threw his best punches at Goldman Sachs concerning reports that it provided toxic assets to customers while it was betting against them. "It sounds to me a little bit like selling a car with faulty brakes and then buying an insurance policy on the buyer of those cars," said Angelides.

Blankfein easily parried the punches by explaining that that's what market makers are supposed to do. He then diverted the conversation into technical language that few of the public can understand. Meanwhile, the big questions weren't asked.

Angelides almost cornered Blankfein with the question of whether or not Goldman Sachs would have gone under had it not been bailed out by the taxpayer. Blankfein again successfully parried the punches by saying, No one knows. We were doing the best they could, and better than everyone else.

Angelides' best punch came when he listed a slew of government programs that supported Goldman Sachs: TARP, the AIG pass through of taxpayer money, no-interest loans from the Fed, guarantees from the FDIC and more.

Blankfein bobbed and weaved. But Angelides missed the chance to nail him. It was the perfect time to bring up the fact that AIG gave Goldman Sachs our money to cover its bets at 100 cents on the dollar.

This is key to the allegations that Geithner pressured AIG to give Goldman Sachs $12.9 billion dollars to settle bets whose market value was about $2 billion. This was clearly a gift of taxpayer money that has directly fattened the bottom line of Goldman Sachs and their bonus pool. (See GeithnerGate)

Heather Murren, a former Merrill Lynch analyst chosen by the Democrats for the Commission, pushed Blankfein at bit more: "Did anyone ask you to take anything less than 100 cents on the dollar?"

Blankfein said other staff had that discussion but it never really came up to him. Unfortunately, she backed off and didn't follow up with the obvious question: "Shouldn't you have taken much less -- yes or no -- since you admitted already that you didn't really need taxpayer support?"

The answer might have had severe consequences for Geithner and for Goldman Sachs' outrageous bonus pool. Clearly, Geithner helped Goldman Sachs walk off with taxpayer money that it didn't need then and certainly doesn't need now. Tough public questioning might help provide Obama the basis for taxing it back.

Overall, the Commission let the big boys off the hook. Here are the kind of questions they failed to ask and if they don't ask them soon, the American people will tune out.

1. Now that you've paid back TARP, how much government support are you getting currently from various government programs? This would punch through the PR spin that says the big banks have paid back the government. The reality is that these highly profitable institutions are still taking advantage of an array of government financial programs that are padding their bottom lines and bonus pools.

2. Given all the mergers that have taken place during the crisis, is your institution, right now, too big to fail? If so, shouldn't we break you up? The committee should be setting up the basis for the break up of these giant companies. Keith Hennessey, a Republican, started to get there. The other commissioners should help him follow-up.

3. How do you justify having your employees earn 10 to 100 times the compensation earned by the leading neurosurgeons? The Commission needs to point out that the pay scale is wildly excessive in the financial markets and that it represents a distortion of our entire system. The free market alone cannot correct it. There is no economic justification for it.

4. Are your banks paying for lobbyists that are working against efforts to create a Financial Consumer Protection Agency? This is the perfect time to get these bankers to explain how they are lobbying against the public's interest.

5. Given all the support you have received (and are still receiving), and given all the damage your industry has done to the economy and to the lives of millions of Americans, why shouldn't the government place a windfall profits tax on your near record profits and bonuses? This might pressure the Obama administration to get back some of our money.

Dynamite from one Expert Witness:
In its second panel, the Financial Crisis Inquiry Commission heard from Kyle Bass, of Hayman Financial Advisors, who read a statement that had some juice to it. I don't know this guy, but it's pretty clear no PR flack scripted him.

He took direct aim at the fiction that top traders at troubled institutions like AIG must receive top compensation or we will lose the vital "talent" needed to unwind their complicated bets. Those traders at AIG placed more than $450 billion in bets on toxic securities. The traders, of course, made these bets because of the enormous fees and bonuses they received.

But why should we continue to pay these traders, given their disastrous track records and the fact that the taxpayer is bailing out AIG to the tune of more than $150 billion? Unfortunately, the Obama administration is going along with the myth that these traders need to receive large compensation packages because if they leave AIG, it will hurt the taxpayers' investment.

But Bass demolished that argument by saying flat out that he knew of hundreds of unemployed derivative brokers who would gladly to do the job for $100,000 a year instead of for millions. The trading emperors have no clothes.

Too bad the commissioners didn't bring up that argument to the CEOs before them in the AM session. The commission should hire Bass for its staff.

It's only Day One of the hearings, but they let the big fish get away. Let's hope they find other witnesses to help capture the public's attention.

(I'll be live blogging the hearings at Campaign for America's Future)

Les Leopold is the author of The Looting of America: How Wall Street's Game of Fantasy Finance destroyed our Jobs, Pensions and Prosperity, and What We Can Do About It Chelsea Green Publishing, June 2009.

 
 
 

Follow Les Leopold on Twitter: www.twitter.com/les_leopold

The heads of Goldman Sachs, JP Morgan Chase, Morgan Stanley, and Bank of America came to testify and said... just about nothing. Yes, they made mistakes. But gee, they had learned a great deal and ...
The heads of Goldman Sachs, JP Morgan Chase, Morgan Stanley, and Bank of America came to testify and said... just about nothing. Yes, they made mistakes. But gee, they had learned a great deal and ...
 
 
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HUFFPOST SUPER USER
T4
Entreprenuer and financial consultant
08:03 PM on 01/20/2010
You're right Les - fantasy finance - there was and is no financial crisis. Some large banks were overextended and instead of allowing reorganization - Ben and Tim stepped in to make their buddies got their bonuses. Remember al these meeting took place in secret because they are smart and we are stupid. The arriogance of the intellgensia. In so doing they perceptated the greatest financial fraud on the american people that we have ever seen. The banks changed nothing with their infusion of freee cash, enriched their pockets and closed down credit. The closure of credit and the subsequent dominoes created the mess we're in = not a pre-existing financial crisis. Bush and now Obama are facilitators
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HUFFPOST SUPER USER
rshrink
09:02 PM on 01/18/2010
To Phil Clock:

Big Government, Big Government, Big Government. Gee, maybe if I keep saying that I will understand what it means. Liberals know what big government means. It means big money of the wealthiest people, biggest corporations and highest paid lobbyists and paid off congressmen and women and Fox and Fox like media, all working together to make rules which highly favor things staying the way they are. Now, when you conservatives get a real understanding of "big government," then we will be able to talk. And by the way, this big government greatly dislikes unions and loves slave labor in other countries.
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HUFFPOST SUPER USER
eaglett1111
07:21 PM on 01/18/2010
So when is someone with GD clout gonna take this one on? When??? We have been waiting way to long and I for one am seriously sick of the lot of them. They need to be hit where it hurts them most - in their power seats. So how do we look at this differently? How can we become a nation NOT run by the banks? How can we take the fancy titles and private jets and big jobs away? These people have us running so friggin scared that even the big men on the hill allow stupid responses to slide by. I don't know how to kick them out yet, but I and alot more of us "little people" are doing the research needed to make it happen. Look out.
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HUFFPOST SUPER USER
Tellurider
05:25 PM on 01/15/2010
I need a diversion to take my mind off of all the bad news.
How about:
Mass arrests
Imprisonment in dungeons
and, slow moving oxcart rides through the streets to the
Guillotine!
If it was good enough for the French aristocracy, it should be good enough for ours.
02:29 PM on 01/15/2010
What we need is a second bail out program: Take a big steam shovel and bucket;pick these "bankers" upm and drop 'em in the Atlantic Ocean. Community banks could pick up the slack and loan money to small business and real people. The bonus money could be collected up and sent to the states to use to create jobs.
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11:44 PM on 01/14/2010
It all seems scripted. The only thing missing is Blankfein calling out, "Boring..."

I do wish someone on the commission had asked Blankfein, "What did you mean exactly when you said two months ago that you are doing 'God's work'?" It would be nice to have his B.S. reply on official record.
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HUFFPOST SUPER USER
rshrink
06:22 PM on 01/18/2010
Well, he was talking about the God of corrupt money grabbing, so actually, he was telling the truth.
HUFFPOST SUPER USER
Aneesia
05:20 PM on 01/14/2010
Quit sucking up. These people are criminals and they have raped the populace, destroying families and the reserves of most of the nation. They didn't just take $1000, which WOULD be a felony. If on one takes action, then the people should !.
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HUFFPOST COMMUNITY MODERATOR
Witkacy
04:40 PM on 01/14/2010
It was VERY VERY depressing, watching the first day of the hearings. It's easy to lapse into a position of broad, cynical dismissal of The System, and to fall back on the old saw that "it's all rigged"; and you fight to stay away from that un-critical and unintellectual position. But, damn: when you see Blankfein hurling jargon, and smiling in admiration of his own prowess, and certainly confident that these hearings are pro forma and will not push anyone to make new regulatory policy--it's very hard not to despair.
04:23 PM on 01/14/2010
Thanks for hitting on the trader comp issue ... as it is TOTAL Baloney that these traders need anywhere near what they're getting so as to stay motivated in their jobs. After 30 years of being around traders ... and trading myself (strictly for myself) ... it's a gambling mentality ... it's extremely addictive ... and society should EXPECT the same kind of behavior and societal impact as with any other gambling addicts. To get a grip on it, the first step is a major withdrawal of liquidity. Yet, the Fed, which has itself become a gambling addict (with the benefit of an actual ability to print money) keeps pouring more grain alcohol in th punch bowl. So, we need to ban for life about a thousand of the worst culprit traders AND replace the current Fed leaders with a group committed to reducing liquidity.

Money is the new Alcohol ... and Bernanke is driving drunk.
04:01 PM on 01/14/2010
Take your money out of these banks and your credit cards.Boycott them.It's time the American people took them on.To hell with Washinton
03:57 PM on 01/14/2010
Put the laws back in where banks are bank only and investment are separate.
These hearing are a joke nothing gone to happen to them no one has the guts to take them on.This is all for show and hoping the American people will forget.
Get rid of geither and the other loddist that work for the banks out of washington.
Whats the matter with President Obama can't fine any honest men or women who can fill this poistion.
That goes for Benack to.
These Wall street people know they got Washington in their pocket.
Do they have to pay taxes on these bonus
If it was any one of us we be in jail.
Where's the Republican now I don't hear or see them calling for stronger reform.Their all to busy fill there pockets with the kick backs.
HUFFPOST SUPER USER
pgobrien
02:59 PM on 01/14/2010
I go totally apoplectic when I hear banker types and corporatists tell me that they are "supposed" to behave in these venal ways. That that's how business is done. That's their job.

That is NOT their job. They are NOT supposed to be toxic to the communities and society that hosts them in its midst.

They are NOT supposed to sell financial investments on the one hand and bet against them on the other, so that they make commissions on the sales and even greater profit on the failures. That is NOT how a rational and honest system is set up. And Goldman Sachs should certainly not have sold products it knew to be shaky while claiming they were strong. That is NOT what they're supposed to do.

Even if that is the way the market is structured right now (and, yes, getting insurance against losses would be a good thing, but getting insurance that makes failure more profitable than successes is just insane!), then the market needs a new structure, and it needs it now. That very comment that "that's what they're supposed to do" is more than enough evidence that something is very, VERY broken!
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HUFFPOST SUPER USER
stevendedalus3
02:26 PM on 01/14/2010
"the myth that these traders need to receive large compensation packages because if they leave AIG, it will hurt the taxpayers' investment. "
WHERE WILL THEY GO? COMPLETE BS!
04:25 PM on 01/14/2010
I'm SO on board with you ... good comment.
02:04 PM on 01/14/2010
Didn't I hear or read that this commission is tasked to find out what happened, but not to make recommendations about fixing problems or fixing blame? It's sort of like, "Go ahead and tell us about the ax murders, we're not here to blame you for them, we just hope you'll help us find out how you did it."
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HUFFPOST SUPER USER
texgal7
Under starry skies....
01:46 PM on 01/14/2010
I believe that it's foolish to scold CEO's and bankers. We need to regulate for the good of the people. Let's start by re-instituting Glass-Steagall. Second, no financial instrument that is too complex for the average MIT graduate to understand should be legal.
04:36 PM on 01/14/2010
I think it should be an Icelandic standard. If the entire government of Iceland can not understand it, then it should be disallowed. :-)