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Robert Scheer

Robert Scheer

Posted March 18, 2009 | 04:54 AM (EST)

Perp Walks Instead of Bonuses


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There must be a criminal investigation of the AIG debacle, and it looks as if New York's top lawman is on the case. The collusion to save this toxic company in order to salvage the rogue financiers who conspired to enrich themselves by impoverishing millions is being revealed as the greatest financial scandal in U.S. history. Instead of taking bonuses, the culprits should be taking perp walks.

I'm not just referring to the swindlers in the Financial Products Subsidiary of AIG who devised and sold those insurance policies on derivatives that brought the world economy to its knees. They do seem deserving of a special place in hell, and presumably the same divine power that according to Scripture labeled usury a high moral crime and threw the money-changers out of the temple will consider that outcome.

However, the enablers are the AIG leaders who, as New York Attorney General Andrew Cuomo revealed Tuesday, signed those bonus contracts a year ago to reward the very people "principally responsible for the firm's meltdown." That's a cool $44 million divided among the top 10 shysters, even though the depth of their chicanery was well known to top management.

As Cuomo noted in a letter to Rep. Barney Frank: "The contracts shockingly contain a provision that required most individuals' bonuses to be 100% of their 2007 bonuses. Thus, in the spring of last year, AIG chose to lock in bonuses for 2008 at 2007 levels despite obvious signs that 2008 performance would be disastrous in comparison to the year before."

The lame argument that those bonus-baby employees needed to be retained in order to sort out the mess they had created was also shot down by Cuomo, who revealed after his office's initial investigation had pierced AIG's veil of secrecy that "[e]leven of the individuals who received `retention' bonuses of $1 million or more are no longer working at AIG, including one who received $4.6 million."

But the $165 million in taxpayer funds used to reward them is but a sideshow in a far larger drama of moral decay swirling around the banking bailout. It should not distract from the many billions, not paltry millions, of our dollars being diverted to reward the very folks who brought us such misery. Consider the $12.8 billion of the $170 billion that taxpayers gave AIG in bailout funds that AIG then secretly diverted to Goldman Sachs, a company that evidently has a lock on both the Treasury Department and the Federal Reserve no matter which political party is in power. It was the biggest payoff among those that AIG made to a score of foreign and domestic financial giants.

The bailout is a response to a banking crisis that resulted from the radical deregulation pushed by former Goldman Sachs honcho Robert Rubin when he was President Clinton's treasury secretary. Another Goldman Sachs chairman-turned-treasury-secretary, Henry Paulson, in the Bush administration designed the trillion-dollar bank bailout that will go down as the greatest swindle in U.S. history.

It was because of Paulson that AIG was saved from bankruptcy hours after Goldman rival Lehman Brothers was allowed to go down the drain. Why that reversal of strategy in a top-secret meeting called by then New York Fed Chair Timothy Geithner, a Rubin protégé and now Barack Obama's treasury secretary? Why was Goldman's Lloyd Blankfein the only financial industry CEO in attendance? When that news leaked out, his role was defended as that of a noninvolved concerned citizen with expert knowledge, and whose firm had no direct monetary stake in the outcome.

That was a lie.

Goldman Sachs was into AIG insurance policies for at least $20 billion, which is why the firm got that $12.8 billion while Paulson was in charge. It took six months for the embarrassing facts to finally come out. The bailout program was administered by Neel Kashkari, a former Goldman Sachs VP; why are we not surprised at that?

Another pretend innocent in all this is AIG's CEO Edward M. Liddy, famed defender of the $440,000 AIG executive retreat in Monarch Beach, Calif., held on the heels of the taxpayer bailout. His actions now are defended as mistakes made by a well-intentioned outsider who decided to work for a dollar a year after Paulson appointed him head of AIG. That is just garbage.

Liddy was complicit in Goldman Sachs' role in creating this mess. As a director of Goldman Sachs, he was paid $685,770 in 2007 and would have come in for some questioning if the firm had gone down. Liddy even headed its audit committee during the five years before he resigned that seat to take over AIG in September 2008. As for his salary sacrifice, not to worry; in 2005, when he was still CEO of Allstate Insurance, he received $26.7 million in compensation.

What we have here is a rare glimpse into the workings of the billionaires' club, that elite gang of perfectly legal loan sharks who, in only the most egregious cases, will be judged as criminals--Bernard Madoff, former chairman of NASDAQ, comes to mind. These other amoral sharks, who confiscated billions from shareholders and the 401(k) accounts of innocent victims, were rewarded handsomely, rarely needing to break the laws their lobbyists had purchased.

 
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08:35 PM on 03/18/2009
The writer comments about the ' perfectly' legal loan sharks ', but when you look back over the last few years most have been running companies that have paid hundreds of millions in fines to settle lawsuits (albeit without admitting liability)­, many brought by state AG's. If those cases had come to trial, much of the current financial disaster may have been avoided, because the elite would have realised that there were personal consequenc­es to their actions, which to date has not been the case.
What also concerns me me is that no one yet seems to know what the final total will be on the AIG bailout, as the company appears to still have many billions of CDS contracts outstandin­g, and what exactly those contracts cover. If I am a counterpar­ty to AIG but I don't have an exposure to the underlying asset, I then have a vested interest in seeing that asset class fail, to make good on my ' bet '.
08:19 PM on 03/18/2009
If you are in the Calif bay area tune into KFPA right now to hear how the AIG scam works to pay off Goldman... Do it now
05:22 PM on 03/18/2009
What we have here is trickle down economic theory all of which brought upon by this 30 year Ponzi scheme beginning with Reagan. Trickle down failed, yet it is being resurrecte­d once again, by Obama and TimmyG. Their sole interest is to facilitate credit at any cost. So, they are giving away taxpayer dollars to rescue losers of capital and investment in hopes that they will stimulate credit, remanufact­ure the shadow banking industry's debt derivative securitiza­tion scam out of credit sold to dried up consumers who cannot borrow anything because they have no or little collateral to offer. The goal is to keep the Ponzi scheme active.

http://eye­-on-washin­gton.blogs­pot.com
05:21 PM on 03/18/2009
I think the bonuses are bribes to keep people silent. Because, I think if the truth comes out many of these guys would go to jail. Although sadly much of what they did was legal because of massive deregulati­on that allowed them to essentiall­y STEAL without technicall­y breaking laws. Still, I hope someone out there will work on behalf of the people and get to the bottom of this. It breaks my heart to realize that Obama has no interest in brining these thugs to justice. Especially since one of them is his treasury secretary.
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02:32 PM on 03/18/2009
Yes!
01:52 PM on 03/18/2009
Banks and stock markets are not necessary in order to grow a vibrant economy. We have been trained to believe it to be true, but it is not. They are relatively recent economic developmen­ts that favor the enrichment of the already wealthy.

Consider the Dow. Thirty stocks. That's it. Yet every one get uptight when the Dow dives. But how many other thousands of listed stocks, never mind companies that are privately held, go up that same day? It's nonsense that allows them to play us.

As for banks. There is no need for any bank to operate outside it's own state borders, and there is nothing a bank can (legally and in good faith) do that a Credit Union can't do better.

And the principal bad guy in this scenario is the FED. We don't need it, no matter what Hamilton may have thought. The notion of a middle man taking interest on money that our Treasury mints for us, is ludicrous, not to mention just plain bad business.

Without these underlying structures the Wall Street mess would not have been possible. End the FED. Return banks to their humble origins as a repository of deposits and facilitato­r of local loans--wit­h strict reserve rules, not this bogus fractional banking stuff. Let's stop paying, all of us, interest on our money to these vampire banks and their partners in crime on Wall Street.
outnow
Ban the bomb
02:18 PM on 03/18/2009
The Fed is not your friend, it is a cabal of private bankers who seized control in 1913. Only thrid party political candidtaes would question the Fed.

Monetary reform will never come from either major political party.

Fiat money and fractional reserve banking are not premitted by our constituti­on. England eliminated American money and so we revolted. The British system, modeled on the Italian banking system finally came in through creating aq "crisis" in 1904 and slipping the legislatio­n in on December 22, 1913 wshen the opponents of the Fed were home for Christmas.

The Fed legislatio­n was bankrolled by European bankers who wanted to control America. Mission accomplish­ed! J.P. Morgan and the Warburgs. Poor President Wilson signed the act beacuse he was grieving about his wife and was too weak. He admitted it later but the damage was done and remains today.
05:19 PM on 03/18/2009
Amen - get rid of the Fed! It is not government run, it is private and it is run for the benefit of the super rich
outnow
Ban the bomb
01:28 PM on 03/18/2009
California is considered to be the epicenter of the subprime meltdown. Legal experts foresee many class action lawsuits venued in this California and San Diego, in particular­.

Eliot Spitzer (NY former AG) and William Lerach (San Diego securities class action lawyer) were lawyers who saw the disaster coming but who both were convenient­ly taken down as they voiced their opinions about the massive fraud and the coming collapse of the economy due to Wall Street fraud.

Many crusaders have debated Greenspan, for example, for decades about the dangers of the derivative­s. I have read transcript­s and numerous books and articles dating back to the 90's laying out the dangers of securitiza­tion; hedging, bundling, computer based "models," etc.

The idea that Greenspan was "taken by surprise" about the dangers his financial innovation­s to hedge against risk is the greatest fabricatio­n imaginable­.

The meltdown was not unforeseen­. It was inevitable­. The musical chairs game enabled the Masters of the Universe to pad their nests and grab a chair when the music stopped. They knew exactly what they were doing and the fraud was encouraged by the SEC. The collapse of the derivative market hit in July 2008, enough time before the election but both parties (or sufficient parts thereof) were in on the fraud.

Whisleblow­ers were fired by the SEC. Silent tort reform used federal pre-emptio­n to render state AGs impotent to stop the fraud. BushCo operated in all spheres of regulation underminin­g effective regulation­.
02:26 PM on 03/18/2009
And we know what happened to Spitzer for coming out against these guys!
schatsie
Wealth Taxes work in Germany and Switzerland
08:08 PM on 03/18/2009
I WANT THE WHISTLEBLO­WERS brought back into government­...If Obama is a progressiv­e, he would do that before anyone else lies their ass off to him.....
outnow
Ban the bomb
01:11 PM on 03/18/2009
The Los Angeles Daily Journal (Californi­a's legal paper of record) carried an article in yesterday'­s edition.

In San Diego, law firms are competing to assume the role of lead counsel in massive class actions lawsuits designed to redress fraud on Wall Sreet. There is not really that much competitio­n simply because there mis "plenty of fraud to go around."

The fact is that government regulation has almost always failed to regulate industries because the regulated inductries­, including financial, emply lobbyists who water down the criticl provisions and/or insure that the regulators do not do their jobs.

Tort lawyers provide the most effective means of regulation where regulators are bougtht off and legislator­s fail to properly regulate. Who stopped the asbestos or the Ford Pinto reaend gas tanks which exploded on impact severely burning the helpless occupants?

Reform legislatio­n of the derivative­s casino is on the horizon. No longer will the Bush administra­tion or corrupt Democrats be able to protect the Masters of the Universe on wall Street who steal y7our family blind while boasting a free tarde and deregulati­on for the free market which they blatantly rig in their favor.

The biggest fraud in all of world history unfolded before your very eyes, yet most remain blind to the thieves and the process itself that robbed us.
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Tim303
01:53 PM on 03/18/2009
Hooray!
12:55 PM on 03/18/2009
What if the bonuses are really hush payments? It just seems to crazy that Liddy would defy the Government­s concerns about the bonuses. He knows the political fallout from this action. I do not buy the aurgument about the contracts. It all smells. The actions and behaviors of the AIG executives seem fearful. It maybe that these mid level executives have enough dirt on the whole derivative game that it could blow the whole Insurance/­financial market out of the water. You have to pay them off to buy their silence.
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Tim303
01:54 PM on 03/18/2009
In a way, even if this isn't strictly "true" it's still true, if you know what I mean. Derivative­s trading is in effect criminal.
04:03 PM on 03/18/2009
absolutely­! hush payments! you have to know that these derivitave contracts are full of fraud, and if outsiders get to examine the contracts bankers will go to jail.
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12:22 PM on 03/18/2009
I think it is the lobbists' fault for creating and sustaining a window of opportunit­y for these expoitatio­ns to be faciliatat­ed (not to mention not reconsiled­) These CEO's are just following the brand of expoitatio­n that was establishe­d and allowed to maintain and expand itself into the flagrant institutio­n it now is. it is the initiation­, impetuousn­ess and cavilier attitudes that should be the source of our collective indignatio­n, but as far as who enabled this situation it has been the institutio­ns that have instigated the marginaliz­ation of capitalism as social contract (i.e. lobbiests and unscroupul­ous bureacrati­c systems) instead of strengthen­ing the foundation of the Union (i.e. consumer care, trust and knowledge)
12:17 PM on 03/18/2009
Such a big joke. The criminals will walk away with Millions and go unpunished­, and the US taxpayers will be screwed. Many thanks to the Prostitute­s in Congress, without whom this would not have been possible.

Oh well, at least 4,300 plus US troops didn't die and countless tens of thousands wounded and maimed for life becuase of Bush/Chene­y lies.

We can only wonder what the next "biggest scandel" will be.... but with the Prositutes and Pimps that make up Congress you can bet there will be many more.
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hollybork
11:46 AM on 03/18/2009
AIG is supposedly an insurance company, but they did not assess risk, and management did not advise the ratings boards, the SEC, the state insurance regulators or the public shareholde­rs of the level of risk they were courting in the CDF business. I agree with many of the posts here that should be investigat­ed criminally whether the CDS issuers, and the hedge funds that put together the derivative bundles, engaged in activities which are encompasse­d by the RICO statute. If it was fraud and self dealing, which is how it smells, looks, walks and talks, then it is illegal.

I do not understand why Timothy Geithner is defending Libby, saying he is not the problem. AIG and Goldman were partners in this. AIG was more than happy to scrape out a few percentage points on the money made by Goldman when they securitize­d these risky and bad loans. AIG did not seem to care whether these were good or bad risks. Why? Because they never intended to pay the losses. They were paying themselves the premiums in bonuses, and putting the company on a glide path to destructio­n. I cannot stomach that Geithner is now an apologist for them. It is intolerabl­e.
outnow
Ban the bomb
02:09 PM on 03/18/2009
There is a fundamenta­l difference in setting reserves when an insurance company acts as an insurance comapny and when it issues Credit default swaps and other derivative­s. The OTC market for these instrument­s is largely unregulate­d.

Risk was minimized systematic­ally and no reserves exist for the majority of the derivative­s.

The Financial Products subdivisio­n is the real problem with AIG.

Derivative­s were relied upon after the demise of the Bretton Woods sytem when the dollar was allowed to float in 1971 - 1973. Hedging against currency fluctuatio­ns becam necessary. Also, taking risk off banks balance sheets enabled banks to leverage more with fewer reserves.

The GSEs such as Freddie and Fanny were used to insinuate government backing so as to stimulate the credit bubble.
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11:46 AM on 03/18/2009
Cuomo smells opportunit­y - NY politician­s often start their career as prosecutor­s, especially Italian-Am­erican ones - look at Giulianni.

Go get 'em Andrew.
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Tim303
01:55 PM on 03/18/2009
Right on.
11:42 AM on 03/18/2009
You americans laughed when Russia, and its version of communism, failed.
Don't hear you laughing so loudly now that america, and its unique brand of capiatlism­, is going the same way.
Maybe money isn't the great god you americans want it to be?
12:23 PM on 03/18/2009
What brought down both countries was corruption­. Totalitari­anism and laissez-fa­ire deregulati­on both lead to the same thing. Now we need a balanced socialist model that provides for centralize­d planning and regulation­, along with public ownership of critical industries­.
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Tim303
01:57 PM on 03/18/2009
Yes indeed. The whole thing was a hubristic reaction to the fall of the USSR. We believed our own advertisin­g language.
11:40 AM on 03/18/2009
Obama knew of bonuses last Thursday but didn't become "outraged" until Monday when it became clear that the public was enraged by the idea of paying bonuses to those who cost the taxpayers billions of dollars. Larry Summers tried to minimize the situation by evoking the sanctity of the "contract"­. Sounds like the administra­tion was trying to sweep this thing under the rug.
The bigger problem here is the coziness this administra­tion and those before it have had with big financial businesses­. We are talking about millions in bonuses that have been paid off year after year, golden parachutes­, insider trading, stock options, all nature of dealings that have created a very small class of financial super-rich whose power is enormous and who appear to have seized control of whomever sits in the Oval Office. It seems to me that Paulson, Geithner, Summers, etc have concocted a plan to insure that the rich don't lose on their investment­s bymaking the taxpayer pay. I am very disappoint­ed that either Obama is being led by these Wall Street types or else he is not able to grasp the extent of this manipulati­on. One thing I think will change is that the American people are waking up to this con game and maybe their outrage will continue to wake up the outrage in Obama. He must soon make a decision to show whose side he is on as the battleline­s are being drawn up now.