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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 01:25 PM
Original message
It's time for a full-scale investigation into the financial crisis

Bigger Than the Both of Us

By Josh Marshall
There's no end of puffed up outrage and opportunistic posturing over the on-going revelation of the AIG bonus scandal. But some line has been crossed. And it's worth thinking really clearly about just what that line is.

What is so damaging about this isn't the money -- which is almost trivially small compared to the many hundreds of billions we've already committed. The problem is what appears to be the president's mortifying impotence in the face bankers and financiers who created the problem. The president speaks and acts for the federal government, which is to say, the American people, who have mobilized more than a trillion dollars and all powers of the state to repair the damage emerging out of the financial sector. And with all that, he's jacked up on a employment agreement between a company the government now owns and derivatives traders who sank the world economy and may quite likely be looking at criminal charges for their activities in the not too distant future?

Anyone can look at that and see that the equation of power and accountability is all screwed up.

I think the American people have demonstrated over the last six months that they're willing to expand vast sums of money and endure great economic hardship without holding the damage against their political leaders. Effectiveness, in the sense of how long it takes to turn the economy around, is something they seem willing to be flexible on. But not on who's in charge. And that's what's at stake here. As a matter of transparency and truth-telling, what Geithner knew about the bonuses may be significant. But it's really all fine print that is largely beside the point. From Geithner and Summers, and indirectly from Obama, we keeping hearing financial-legal versions of 'It's bigger than the both of us'. Like we're along for the ride, still taking dictates from the people who got us into the mess we're in.

There are various specific points you can drill down on. Atrios grabs this deliciously obnoxious passage from a piece in the Post today ...

"Nobody is going to give it back and then stay," said one of the firm's employees. "If they give back the money, then they will walk. And they will walk into the arms of AIG's counterparties."

So, give us our money or we'll go to the counter-parties and help them really suck you dry. Even though this ignores the fact that the counter-parties have no actual right to the money. They placed bets with a company that did not have the money to pay off the bets. There's a old-fashioned business solution to that kind of problem -- due diligence.

We're paying them off, either in full or in part, out of fear that pulling the plug on these contracts would so destabilize the global economy that paying it is a better solution than not. But we're doing it for us. Not them. They are, at best, collateral beneficiaries. So all the talk of whatever self-serving or legally dubious contracts they penned for themselves two or three years ago are beside the point.

Or at least that's the idea. Unless we're actually just chumps and Obama -- via Geithner and Summers -- have simply ceded the running of the whole thing to the people who caused all the problems in the first place. And we are just along for the ride even though we're paying the bill.

In this sense, this isn't a distraction. Yes, the dollar amounts are small. And pols across the spectrum are demagoguing the thing for all its worth. But the real issue of who's in control, and whose interests are being served, cuts through every dollar we've dedicated to this project. And when you look closely at the much bigger AIG counter-party issue, the same disconnect is there every bit as much as it is with the bonuses.

Whether Geithner and Summers are too close to the people on Wall Street, either through interest or affinity, is an interesting and possibly important question. But fundamentally Obama needs to start showing that he's in charge, that he's operating as the American people's advocate and that he has the power to do it -- which these stories of getting jacked up by some Gordon Gecko wannabes in London just terribly undermines. But to do that, it has to be true. And that might require some real changes in policy and possibly in personnel too.


TARP inspector general says Bush administration specifically considered and approved AIG bonuses.

Bloomberg News reports that Neil Barofsky, inspector general for the Troubled Asset Relief Program (TARP), told the House Ways and Means oversight subcommittee today that the Bush administration “specifically contemplated” paying bonuses to AIG employees in its November agreement to provide federal bailout funds to the failing insurance giant:

The TARP contract between AIG and Treasury “specifically contemplated the payment of bonuses and retention payments to AIG employees, including AIG’s senior partners,” Barofsky said.

Yesterday, AIG CEO Edward Liddy testified that Fed Chairman Ben Bernanke approved these bonuses, saying that Federal Reserve representatives attend AIG’s “various meetings on strategy and they have the ability to weigh in — either yea or nay — on anything that we decide.”


AIG faces possible court action on bonus detail: Cuomo

NEW YORK (Reuters) – American International Group (AIG.N) will be taken to court if it does not provide details Thursday of bonus recipients that were requested under a subpoena, New York Attorney General Andrew Cuomo said.

Cuomo also told reporters on a conference call that he expected Bank of America (BAC.N) to provide the names of 200 highest bonus earners at Merrill Lynch & Co last year under a state court ruling published Wednesday, which said the names were not a trade secret and could be made public.

Report: Citi To Spend Around $10 Million On New Office For Pandit, Others

Pandit Told Congress Compensation Was $1 Million, But Bank Filing Shows $10.8 Million (WATCH)

Did Cassano And AIG Commit Fraud?

He was forcibly retired in March of 2008, but kept on a $1 million per month retainer and allowed to keep living in the AIG-paid for apartment in London.



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global1 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 01:47 PM
Response to Original message
1. I Asked This Question In A Separate Thread Yesterday - What About A Class Action Suit.......
taken out on behalf of all the American people. There certainly is enough fraud and corruption to go around. If our government won't do what they are supposed to - why can't the American people get this done by a 'class action suit'. Certainly there are enough lawyers around that would jump at the publicity that this would bring them. It seems to me that the media attention that something like this would bring - might even embarrass the politicians in D.C. to get off their asses and do something. We need to hold these people that have crippled our economy responsible and prosecute them. Otherwise, once we recover from this mess - and I do believe we will recover - the same thing will happen again down the road if they know they can continue to get away with their crimes.

I have lost all confidence with the complete financial community. Unless major changes are made and regulations are laid out to prevent this from ever happening again - I will just stuff any money I have in my mattress and never use a credit card again either. I'll just buy what I need when I need it and pay cash. I think this is already happening - and bottom line - its probably good that it is.

Next thing we will find out though is that the government will have to bail out credit card companies because nobody will be using their cards.
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 01:50 PM
Response to Original message
2. Poll: People Are Paying Attention To AIG
Poll: People Are Paying Attention To AIG

1. How closely have you followed news stories about bonuses paid to executives at American International Group, the firm know as AIG that received a $170-billion government bailout?

55% Very closely
33% Somewhat closely
8% Not very closely
2% Not at all
2% Not sure








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Phx_Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:11 PM
Response to Original message
3. As long as it's not investigated by the culpable morons in Congress.
Because THEY caused this crisis. They spent the last 12 years deregulating everything in sight. Bush and Clinton allowed them to do it and signed the bills so they are also culpable.

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Median Democrat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:14 PM
Response to Original message
4. Yup, Just Like Enron and Worldcom, Lets Prosecute Someone, And Ignore Lack Of Regulation
The NY Times editorial had it right. Political theater distracts from the real problem of decades of deregulation. We can just whack the bum of the month, but until there is real reform, it will happen again and soon.
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:27 PM
Response to Reply #4
5. Who is advocating that?
Investigation and regulatory reform can go hand in hand.
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Median Democrat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:30 PM
Response to Reply #5
6. Hand In Hand? Recently, Its Been A Substitute - Here's NY Times
This NY Times editorial makes a similar point:

http://www.nytimes.com/2009/03/19/opinion/19thu1.html?_...

/snip

In recent days, the unfolding fiasco of the American International Group and its federal bailout seems to have reinforced the drive for a systemic-risk cop — and the notion that putting one in place is the key to solving all our problems. Speaking of the insurance company’s mess on Wednesday, President Obama said that he had consulted with his economic advisers and with Representative Barney Frank, the chairman of the House Financial Services Committee, about developing tools to “prevent ourselves from getting in a situation where an A.I.G.” can threaten the entire financial system.

There’s just one problem with all that. The premise is false. The financial crisis, including what went wrong at A.I.G., is not just the result of a missing regulator, a gaping structural gap in the regulatory framework.

Rather, it is rooted in the refusal of regulators, lawmakers and executive-branch officials to heed warnings about risks in the system and to use their powers to head them off. It is the result of antiregulatory bias and deregulatory zeal — ascendant over the last three decades, but especially prevalent in the last 10 years — that eclipsed not only rules and regulations, but the very will to regulate.

/snip

In short, John McCain would just say fire "(insert name) employee/regulator/CEO" then move on with his I-Am-Fundamentally-A-Deregulator business. Bush did that with Enron and Worldcom. The challenge is for Democrats to keep our politicians focused on the big picture. Or, will we grin like happy sheep when we get the head of the scapegoat of the moment?
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:36 PM
Response to Reply #6
7. Still, who is advocating that?
Edited on Thu Mar-19-09 02:36 PM by ProSense
Are you saying it can't go hand in hand?

If the NYT is saying it's a matter of will, well they damn well can do it.

The NYT should have written at least two dozen editorial about this over the past years.

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Median Democrat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:41 PM
Response to Reply #7
8. The Focus Should Be On Regulatory Reform, Not Bad Apples
After Enron and Worldcom, I think we need to be suspicious about efforts to locate a convenient scapegoat. The problem I see is that it creates the impression that the problem is just due to bad apples. Yes, we should investigate, BUT THE PRIMARY FOCUS needs to be regulatory reform.

The danger I see is that in the midst of the recriminations that follow a whodunnit, no one has the political will or capital to actually pass reform regulation. The focus should be first and foremost on reform or we create the false impression that reform is simply a matter of finding the bad apples.

This is how we can have an Enron and a Worldcom, and less than 5 years later, we have the current meltdown.
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 02:49 PM
Response to Reply #8
9. It should be on both.
Edited on Thu Mar-19-09 02:51 PM by ProSense
Yes, we should investigate, BUT THE PRIMARY FOCUS needs to be regulatory reform.


Agree. An investigation will serve multiple purposes, which include knowing where the breaches occurred and the parties responsible.

Regulation without a thorough investigation is simply patching gaps based on presumed wrong doing. Too easy for people to claim they know what went wrong and offer bogus fixes.




Edited for clarity.
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Median Democrat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 03:06 PM
Response to Reply #9
10. Agree, But Enron and Worldcom Left Me Skeptical Of Scandal Driven Outrage
Congress poses as if this scandal is a big surprise. This is just CYA. We in the liberal arena have been hammering on the lack of regulation. This is no secret. Heck, even before AIG melted down, Obama was speaking on the need for updating regulations prior to September 2008.

So, I am leery about politicians expressing shock and surprise. Remember Enron and Worldcom? The fragmented nature of financial regulation is not exactly a secret, and seeing Repulicans especially express surprise makes me want to throw-up.

This is why I want to see some more energy spent on reform, and less time on histrionics. You know what? There are going to be additional scandals waiting to happen. Additional ponzi schemes waiting to be discovered.

So, lets get with the program, and start the process. That's all I'm saying.
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 03:11 PM
Response to Reply #10
11. Enron and Worldcom happened during Bush's reign of terror.
Edited on Thu Mar-19-09 03:12 PM by ProSense
I'm waiting and hoping for change.



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leftofthedial Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 03:21 PM
Response to Original message
12. gee, ya think?
I like the class-action suit idea.

Everyone in the country vs. capitalism.
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nc4bo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 03:34 PM
Response to Original message
13. Yes it is and it's long overdue. K&R nt
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leftstreet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 03:34 PM
Response to Original message
14. K&R
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pleah Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 04:31 PM
Response to Original message
15. K&R
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nichomachus Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 05:29 PM
Response to Original message
16. Hallway conversation in the Capitol
Corporate Lobbyist: Hi Senator

Senator: Hi

CL: Hey, you have a big election coming up. Don't you?

S: Yeah, it's going to be tough.

CL: I know we helped you out a lot last time. We probably will again -- unless we have to spend all our money preparing to defend ourselves in a Congressional investigation.

S: Gulp.

CL: 'Scuse me. Hey, Representative.

Representative: Hey, hope I can count on you guys for another donation.

CL: Well, we might be able to help, if we don't have to . . . . . .

Repeat several hundred times.......

In other words: I wouldn't be holding my breath waiting for any real investigation. Maybe a show trial of some kind, but nothing substantive.

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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-19-09 05:35 PM
Response to Reply #16
17. Yeah, they can keep doing what they're doing and hope that James Galbraith is
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