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Pay Cut Backfire
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By putting compensation caps on some bailed-out firms, pay czar Kenneth Feinberg sent a message, writes Nomi Prins. But he also strengthened the hands of the rest, including Goldman Sachs.
Kenneth Feinberg, the so-called pay czar who President Obama has charged with making the take-home pay among our bailed-out behemoths logical again, took a deep breath yesterday, stepped up to the plate, wound up a couple of times and… bunted. His intent was admirable, if politically timed to coincide with the renewed bonus wrath following the bank’s quarterly earnings results. But the details will ultimately exacerbate the systemic risk that propels high compensation and nearly destroyed the financial world, not to mention the rest of the general economy. In short, Feinberg made the situation worse.
Feinberg’s plan would cap compensation at the seven companies that received "exceptional assistance” (AIG, Bank of America, Citigroup, General Motors, GMAC, Chrysler, and Chrysler Financial). It would cut the total compensation of the top 25 executives at these firms by 50 percent and their annual salaries to 90 percent of 2008 levels.
Shouldn’t those 175 executives who have to now ask permission from Feinberg for perks greater than $25,000 take it upon themselves to fly coach once they hit $24,999?
To be sure, these companies owe their very existence to the federal government. Bank of America still owes the government $63.1 billion, AIG sits on top of a $181.8 billion pile of federal help, and Citigroup has a $368.7 billion public cushion, The auto industry? $89.4 billion.
The problem is, by simply tying compensation caps to the TARP program (a year late), Feinberg and the Obama administration are completely ignoring the rest of the $14.6 trillion federal bailout and subsidization of the banking industry, which has helped propel many key banks to 2007 levels of compensation, unfettered. If this is the best he can do, all the other Wall Street bankers can breathe a huge sigh of relief.
• Charlie Gasparino: Behind Ken Lewis’ PanicThere are those who think that if the government has any say in any pay, it’s only a matter of time before it will be rationing air intake. They should back off—unless they also believe that the government shouldn’t have taken such a generous approach to subsidizing the banking system, in which case they should be happy that Feinberg wants to do something to ensure our money is spent fortifying the firms we’re subsidizing (so that it’s returned) rather than on luxury items.
The bigger question for those fearing this is some outrageous government intervention: Why aren’t the firms receiving public money making these cuts themselves? Shouldn’t those 175 executives who have to now ask permission from Feinberg for perks greater than $25,000 take it upon themselves to fly coach well before they've hit $24,999?
Feinberg engineered Citgroup's sale of Phibro to Occidental Petroleum, which the firm did to get out of its $100 million bonus contract with star trader, Andrew Hall. Bank of America’s Ken Lewis’ chat with Feinberg resulted in him agreeing to take no salary or other pay for 2009—of course, he’ll survive with a nearly $50 million retirement package and the $165 million he made since 2001. Feinberg will also cut the total compensation of AIG’s top 25 executives to $200,000. No doubt, these people are already negotiating employment deals at Goldman Sachs, where $12.9 billion of AIG's public assistance went anyway. But Feinberg sent the right message there.
The Feinberg principles fall short, however, by only focusing on a subset of the subsidized industry. The same firms that turned a profit and repaid TARP (on the back of federal aid) are leading the industry in renewed trading risk, the kind that crashed the system last year—only this time, it's with our money on the table. In essence, he’s green-lighting an increase in the kind of aggressiveness that leads to higher bonuses at the other firms. And that’s downright dangerous.
Like it or not, every company that has outstanding government support has a debt to pay. The problem with targeting a few companies with compensation caps is that it provides an unfair advantage to the very firms that are paying the highest bonuses. Goldman Sachs is on track to pay out $22.7 billion in total compensation compared to $11.8 billion in 2008 and $20.1 billion in 2007. JPMorgan Chase is on track to pay $29 billion, nearly what it would have paid out in compensation in the year before the crisis, had it owned Bear Stearns and Washington Mutual then. Yet, Goldman Sachs still enjoys $54 billion of federal support and JPMorgan Chase $73 billion—even after repaying their TARP obligations.
Attaching compensation strings to federal subsidies requires taking a cold, hard look at the sheer immensity of the full federal support beneath the financial industry and to treat all of its recipients equally. If Feinberg’s goal is to reduce the systemic risk that underlies big bonuses (which should really be the point), this doesn’t cut it. If the goal is to cap bonuses for the banks that got federal assistance, this doesn’t cut it.
What his plan does is perform a little piece of what’s needed—putting excessive-pay restrictions on federal support recipients, but by only capping a small portion of companies under the federal tent, he will ultimately create a bigger chasm between the most and least powerful banks. That will, in turn, lead to greater risk disparity throughout the system—and though it may feel satisfying to cap some bankers' bonuses, it leaves that wider goal unaccomplished.
Nomi Prins is author of It Takes a Pillage: Behind the Bonuses, Bailouts, and Backroom Deals from Washington to Wall Street (Wiley, September, 2009). Before becoming a journalist, she worked on Wall Street as a managing director at Goldman Sachs, and running the international analytics group at Bear Stearns in London.
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From the senoir rep of a great state to a freshman - Get YOUR hands out of my pockets. Am sick to death of hearing about these GS execs being able to basically steal their way to wealth. It is outrageous and this is not the United States of Goldman Sachs, or is it?!
When corporate "personhood" was recognized, the game was lost.
Exactly.
"It is our interest and our task to make the revolution permanent until all the more or less propertied classes have been driven from their ruling positions, until the proletariat has conquered state power and until the association of the proletarians has progressed sufficiently far - not only in one country but in all the leading countries of the world - that competition between the proletarians of these countries ceases and at least the decisive forces of production are concentrated in the hands of the workers. ... Their battle-cry must be: "The Permanent Revolution". -Trot.-
Where are the people??
The problem is with the terminology. "proletarian" just doesn't cut it, it belongs to a different time. Same with terms like "socialism", "communism", and other outdated descriptives.
Perhaps the eventual solution to our ongoing problem with the investment banksters is to coin some new terms that better reflect the reality of today's America, and by extension World.
I will bet the Beastly bloggers would be a fecund source for this new terminology.
At home watching Fox and eating McDonalds in a Snuggie
So pumping a king's ransom into a bunch of losers and then making it impossible for them to compete for top talent is smart government? No wonder I wish health care reform would just die. The only answer here is to break them up and deal with the toxic assets that are still on the books.
...heh, compete for top talent. That's good, like American companies have actually created jobs or produced ANYTHING in the national interest of the USA and the UK in over two decades.
You don't need top talent, that's why all of the jobs below these guys are designed to be interchangeable. When someone starts asking for more, you can them.
If that's top talent, then we need to redefine the term.
Democratic Governor of corrupt NJ running for re-election, Jon Corzine was an executive a Goldman not too long ago. He left with a golden parachute worth more millions than you and I will ever see or fathom. President Obama will stump for him today and Bill Clinton already did as well as VP Joe Biden. Hmphhhhh????????????
Godman=Corrupt Governor=Democrat Party=President Obama's endorsement=Bailout $$$$$$
I wonder why a governorship is so important to the WH. It's not like the gov can vote for healthcare. Oh, the bailout of Goldman. Got it now,
Goldman is the U.S. government's puppet master.
All the good Obama has done is now reduced to setting the timer for the next collapse.
I don't care what GS pay themselves. What I care about and what every American and other investors should care about is the soundness and the integrity of the products they create and sell.
Without strict regulation of derivatives (amazingly, there still is none), our economy is sacrificed on the altar of greed to those at GS and other companies on Wall St. that only care about short term profits and immediate bonus gratification.
There should be NO INVESTMENTS - NONE - that are not completely transparent and completely government regulated. Until or unless that happens, we will have other trillion dollar busts that will take down our economy time and time again.
This isn't rocket science. This is arithmetic 101.
Transparency from this administration? They do not even want to post legislative bills?
Our country's brightest and best no longer strive to "make things" they strive to shuffle paper for fortunes in a year it would take a lifetime to accumulate otherwise. A country that has driven its manufacturing base to the third world will soon find that paper shufflers historically have not ruled the world.
flyoverland - Well said.
This is probably the first thing you've said that I actually agree with.
I've been taking cough medicine.
Get well soon, flyover.......... and you are right about our manufacturing, thanks to both parties. The only upside of those manufacturing jobs was cheaper goods for the consumers in this country.
Thanks. Just shaking the flu. If you have the choice, don't' get it.
These jobs that our nation seems to not want anymore used to provide great jobs for all those kids we went to high school with who never went to college. My mom and dad had five kids, never went to college, she stayed home. He had a great job, with wonderful benefits in an airplane factory. We were not rich but we had everything we needed. Today, those kids we knew, good people, maybe not ambitious like some of us, but hard working are grown and jobless, sitting at home, looking out the window at the steel mills with broken windows and weeds growing up the fence and just hoping their wives don't lose their secretarial jobs down at the courthouse. They count the days till they turn 65. This desire to move to "green jobs" may sound good, but in the end, they will make windmills cheaper in China and batteries cheaper in Taiwan. We have to let industry come back and make a living here. Wall Street needs to stop raping companies because they can. Lawyers need to stop suing companies because they can. Government needs to set fair rules and get the hell out of the way. Does anyone who was alive in the sixties think its better now that you can buy a big screen TV so cheap? Americans want to work. Our work fueled the 20th Century. The fact that so many want to throw that away is very sad.
Goldman always seems to win. I understand there's outrage about pay and bonuses at banks, yet people still continue to do business with banks that treat them like crap. There are banks out there that have good customer service, don't cheat account holders with ridiculous fees, and pay their management more reasonably. True, they're a handful in comparison witht the majors, but they're still there. If you're outraged, drop your BofA, or your super-regional bank account and transfer it to one that has better service and treats its customers like human beings. Or if you're complacent or just don't care, keep your bank account at one of these major banks and keep getting screwed out of fee money and be kept on hold for hours while trying to talk with customer service, but don't pretend to be outraged. If the outrage really is there, these larger banks would drop so fast bc so many people moved their accounts to better banks.
Very true. We need to support our friendly neighborhood credit unions. But banks that received a bailout should not be allowed to continue business as usual until they have paid off their debt to the American people. Would you like to see someone who owes you money take a luxury vacation? Watching them live it up while you're stuggling to make ends meet? If they paid back the money they owe, I could care less how much they compensate their execs but as long as they are in debt, I don't want to see any parties or good times on my dime. Period.
@ djanimaequeen
I couldn't agree more. Keep up the pressure, they won't embrace 'voluntarism' or voluntary change anytime soon...so naturally, Government will have to hammer them into a state of reasonableness.
Or just hammer them our of business.
Amen to that.
But as the writer of this peice pointed out, capping pay for execs that took TARP money will not solve the problem. The problem is that the banking industry is geared toward taking ever greater risks (with shareholder money) in order to reap ever greater profits. The merry-go-round has to stop, and the only way to stop it is to create tough legislation that prevents these adrenaline junkie risk-takers from leaping off metaphorical cliffs with only a hope and a prayer that they can make another few cents on the dollar.
flyover I don't like what the United States turned into. Where are the jobs that brought stability, steady income and the desire to work and feel proud? I admit we didn't have much back then but we were more comfortable and happier. I look at these empty factories and it saddens me to think they may never be occupied again.
Something has to be done about outsourcing jobs, we are not getting the quality in items that we at onetime had, besides that, there is nothing to purchase that is made in the USA anymore. We need jobs here and now, and I don't mean green jobs that's not the answer.
I'm not sure about this. Not that rediculous things are being done by large banks - that's beyond dispute. But the leverage depositors have. It seems the reason why banks no longer pay interest on deposits is because it's cheaper and easier to borrow the money from the government than to provide services to depositors. With the easy availability of government money, banks aren't really in that business anymore.
Bush and Cheney "tight" with Halliburton,
Obama and Geithner "tight" with Goldman ?
Conservative or Liberal . . .
seems to be all about POWER and
the one party system . . . The "GREEN" Party.
So out of control.
If those banks that were bailed out are left in the lerch it's because of the result of their mismanagement and nothing else. The bailout wasn't meant for them to end up on top but to keep them from going under. We need to deter banks from making risky decisions that include, "we can always get a bailout". Well this is what happens when you do. Your competitors who were not bailed out are on top. I don't see that as a bad thing to keep those greedy idiots out of my pocket. It really adds insult to injury when you already get in the ass in bank fees but then have to turn around and bail the dipshits out. Can I charge an overdraft fee?
Hopefully this comp cap is just the first step. It's time to start squeezing Wall Street's balls. Hard. George Patton
GPatton - What? And kill the magical money making bull that dumps crap all over us common folk? Are you out of your mind? You sir, fail to realize our place as fodder for this creature. Alan Greenspan would be ashamed of you.
Disclaimer: Ironic humor was used in the construction of this reply.
Feel free to call me George, Whipmawhopma. George Patton
Capping pay for Banks and ignoring Bank Holding Companies, is simply foolish, as one benefits and the other suffers. Instead of capping pay, write pay guidelines which must be adhered to by all Banking and Holding Companies equally. For those Banks and Holding Companies that profitted from the run on the US Treasury, impose H.R. 1586, a tax on those companies and individuals that received TARP funds. These folks kept the money for themselves, and invested not a dime in the US Economy, or lent to their customers.
If Government rules the land, then let Government rule. Creating exceptions, like Goldman Sachs, only exacerbates the problem by making one interest superior to the other and skewing the playing field further. This is not the outcome we should be looking to impose.
Goldman Saks is the US puppetmaster and the US government is the puppet.
All the good work Obama has done has been used by the banks to restart the timer for the next depression.
How pitiful. What short memories politicians have.
How about Dear Leader taking over UPS and FEDX in order to save THE UNITED STATES POST OFFICE, we could have a czar and everything!
You know the irony is, the fact that no one intends to do this is a pretty good argument against the 'socialist' and 'dictator' charges. It's really all in your head.
The Post office is already broke. Nobody would want to be the Czar it would be political suicide, which is why there is no Czar. The government controlling the banks, auto industry and seeking health care control should be in everyones head.
The Dems have nothing to lose by attacking big Wall Street banks and insurance companies after they led is into this depression. In truth, they have never been more unpopular at any time since the 1930s, so any politician with half a brain should be going after them.
Isn't it obvious? This demonization of the most successful investment bank is nicely disguised anti-semitism. Don't deny it. That prominent name, the "puppetmaster" referred to above, is just another way to say the Jews control banks, money, the government, whatever. Truth is, this firm just out-smarted all the others, by dint of hard work and effort. You want to believe otherwise, you gor right ahead, But all this anti-Goldman stuff is nothing more than 21st century Jew-bashing. And you all know it.
I agree this is only part of the pay solution but ya gotta start somewhere. If I remember correctly Mr. Feinberg is not permitted to regulate outside the bounds of those institutions that still have TARP funds. As to top execs fleeing to GS or JPM. Let them go. I doubt very much whether those institutions will want all of them or will pay them similarly. I also bet these two institutions are hit in the next few months. When none of these guys showed for Obama's speech to the Street a few weeks back they made a big mistake. Problem is these execs live in a bubble more sound proof than a politician's. They simply do not understand the public anger and desire for retribution. All the body guards in the world will not save you from someone whose family is living under a bridge because of actions they believe your institution took.
To my mind the problem of bankers bonuses is the symptom and not the cause.
It's a red herring.
What people should concentrate on is where and how in the money cycle a bank is allowed to book a profit.
This is an accounting problem.
Lets have an article on how banks make the money that allows them to pay these obscene bonuses.
It practcally goes without saying that every time the government tries to regulate executive compensation it makes the situation worse. Remember the million dollar cap? In the present instance, the top executives who are having their compensation reduced are eligible to receive grants of restricted stock. This may well result in higher compensation when the restrictions lapse if the stock appreciates.
I watched the all stars part of Special Report on Fox News today. Charles Krauthammer surprised me, sort of, by saying it's entirely OK for the Federal government to control the pay scale for the big corporate welfare monarchs who are more-or-less owned by the American taxpayers. Just those, mind you.
I have to ask, if someone is annoyed at having the camel's nose in the tent, why should they be overjoyed to find the back end in there too? Why must the solution to government meddling always be more meddling?
Now we're really shooting ourselves in the foot. Most of the top paid people at the banks are the traders that actually make most of the profits for the bank. One trader, I forger his bank and name, made his employer $350 million last year, and had a contract that he keeps 30%, resulting in $100 mill being due. The pay czar forced them to sell the trading division rather than pay the bonus. If the traders can make 5-10 million across the street, why in the world would they work for 200K? Worse, without them, how are these firms supposed to make the profits necessary to repay the taxpayers? I understand Obama wants bankers to do less speculation and think long term, but speculation is how they pay for operations. Last, the government is getting 5% dividends AND capital appreciation. All the shareholders (401Ks and retired people) are getting NO INCOME. I don't think it's fair to BoA at all. They were perfectly healthy until the treasury and Fed forced them to buy Merrill to prevent a further panic. Now they're treated like criminals while all those moronic SEC regulators are still working.
Please read the statute before you complain about Feinberg. His authority is very limited in scope, duration, and (literally) options (he is not allowed to give stock options). Much of what you complain about here is due to the authority he was and was not given under the law.
Thank you.
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