by Faiz Shakir, Amanda Terkel, Matt Corley, Benjamin Armbruster, and Zaid Jilani
Rewarding Risky Business
The Wall Street Journal reported yesterday that despite a still-sluggish economy, unemployment approaching 10 percent, and "regulatory scrutiny of Wall Street's pay culture," major U.S. banks and securities firms are on pace to award their employees a record high $140 billion in compensation packages this year. According to the Journal's analysis, "Workers at 23 top investment banks, hedge funds, asset managers and stock and commodities exchanges can expect to earn even more than they did the peak year of 2007," which witnessed a $130 billion payout. Goldman Sachs has set aside $5.35 billion in bonus pay, "putting it on course for a record payout to its executives by the end of 2009." Yet, these large financial institutions continue to engage in the same risky lending practices that led to the near collapse of the financial system in September 2008. The Journal reported last month that "companies are selling exotic financial products similar to those that felled markets and the world economy last fall. And banks' appetite for risk has grown." "Compensation played a role in the financial crisis, and yet nothing has changed," said J. Robert Brown, a professor at University of Denver's law school and an expert on corporate governance. And while the Obama administration has vowed to clamp down on companies rewarding risk, there has been limited action thus far in Congress.
REINING IN AIG: The Troubled Asset Relief Program's (TARP) special inspector general Neil Barofsky said this week that the Treasury Department, led by "pay czar" Kenneth Feinberg, is now pressing bailed-out insurance giant AIG to limit its plan to payout $198 million in bonuses. Controversy erupted in March when the public first learned of massive payouts to AIG executives who had a major role in causing the economic crisis. Many of the bonuses went to employees working in AIG's Financial Products division -- the very same employees that wrote the insurance contracts, or credit default swaps, that brought the company crashing down last year. In a report reviewing AIG's bonuses, Barofsky said that Treasury "should have made a greater effort to understand the scope and scale of AIG's bonuses," and they failed not only to be "reasonably aware of challenges of a financial sort that could negatively impact taxpayers' economic returns, but also obligations...that could negatively impact the credibility of the TARP and Treasury itself." The company argues that bonuses to the Financial Products unit are necessary because its employees "are uniquely qualified to take necessary steps to pay back the government."
WALL STREET VS. MAIN STREET: While Wall Street is raking in record compensation, decreases in workers' pay throughout the country "are occurring more frequently than at any time since the Great Depression." The Bureau of Labor Statistics' index on total weekly pay for 80 percent of the nation's workforce "has fallen for nine consecutive months, an unprecedented string over the 44 years the bureau has calculated weekly pay," the New York Times reported this week. "What infuriates people is when bosses at bailed out companies...continue to rake in millions," said House Oversight and Government Reform Committee Chairman Edolphus Towns (D-NY) at a hearing on AIG bonuses, adding, "It doesn't seem right that the people who caused this tragedy should be so richly rewarded." The Wonk Room's Pat Garofalo writes, "[M]ost insulting about this resurgence in pay is that Wall Street's return to profitability has been driven, at least in part, by 'the continuing effects of various government aid programs.'" While Feinberg has the power to regulate compensation packages from those companies that have yet to pay back their loans, there is no regulatory regime in place to rein in the rest of Wall Street.
TAKING ACTION?: Last night on MSNBC, Rep. Barney Frank (D-MA) noted one of the worst cases of excess on Wall Street. If bankers "take on the risks and the risks pay off, you get a lot of money. But if you take a risk and the risk blows up, you don't lose any money. In other words, we give people the ability to take risks with everybody's money but their own." The House recently passed Frank's "say-on-pay" bill, which would mandate that a shareholders hold a non-binding vote on their company's pay packages. Despite the company's record bonus pool, Goldman CEO Loyd Blankfein said in September that anger over bankers' pay is "understandable and appropriate" and called for a ban on multi-year, guaranteed employment contracts, and more compensation in the form of deferred stock. Beyond Frank's relatively benign "say-on-pay" bill, a House committee is expected to vote this week on a measure that would regulate the $450 trillion OTC (over the counter) derivatives market, which includes credit default swaps. But Federal Reserve chairman Ben Bernanke has thus far only paid lip service to regulation as the Fed takes only a "flexible approach." Congress will soon probe executive pay at banks getting TARP money and the White House appears to have taken a tougher line on financial institution regulation, not only pushing a Consumer Financial Protection Agency, but calling for more regulation on compensation. "Pay on Wall Street can't return to the speculative era that we saw...right before the economic collapse," White House press secretary Robert Gibbs said, adding that "pay has to be based on a reasonable assumption of risk, not speculation."
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"At the end of the day, the American people aren't looking at the stock market in terms of putting food on the table. They want jobs, and they want them now."
-- House Minority Leader John Boehner (R-OH), 10/14/09, downplaying the significance of the Dow hitting 10,000
VERSUS
"Certainly the stock market hasn't acted very well [since President Obama's inauguration]."
-- Boehner, 3/04/09







