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To: Jill who wrote (47917)1/29/2009 5:52:35 PM
From: stockman_scott1 Recommendation  Respond to of 57684
 
Obama Calls Bonuses ‘Shameful’ as Dodd Vows to Reclaim Money

By Dawn Kopecki and Julianna Goldman

Jan. 29 (Bloomberg) -- President Barack Obama fed a swelling populist revolt against Wall Street bonuses, calling it “shameful” that banks doled out $18.4 billion as taxpayers bail out companies and the U.S. remains mired in a recession.

The bonuses are “the height of irresponsibility,” Obama said today before meeting Treasury Secretary Timothy Geithner and Vice President Joe Biden at the White House. Firms need to “show some restraint and show some discipline” Obama said.

The president joined politicians such as Senator Christopher Dodd, who today called for using “every possible legal means to get the money back.” The bonus pool for 2008 by New York City financial companies was the sixth-largest ever amid record losses in the securities industry, State Comptroller Thomas DiNapoli said in a report yesterday.

Banks and financial firms have fired 265,000 people since the collapse of the subprime mortgage market triggered the worst financial crisis since the Great Depression. Bear Stearns Cos. and Lehman Brothers Holdings Inc. collapsed, while Merrill Lynch & Co. was taken over by Bank of America Corp. and Goldman Sachs Group. and Morgan Stanley converted into bank holding companies. The Treasury Department program has injected about $200 billion into banks across the country from the Troubled Asset Relief Program.

‘Political Posturing’

Dodd, a Connecticut Democrat who heads the Senate Banking Committee, vowed at a press conference at the Capitol to go beyond condemnation and seek a return of bonuses.

“I’m going to be urging -- in fact not urging, demanding -- that the Treasury Department figures out some way to get the money back,” Dodd said. “This is unacceptable.”

The senator said he will force executives whose companies received taxpayer aid to testify before his committee to explain their bonuses.

Former Salomon Brothers Inc. Chairman John Gutfreund dismissed Dodd’s comments, calling it “political posturing” in an interview with Bloomberg Television. “They are not going to repay all their bonuses,” said Gutfreund, 79.

Treasury has the authority under legislation that created the TARP to issue regulations that “claw back” excessive executive compensation, said Larry Hamermesh, a corporate law professor at Widener University in Wilmington, Delaware.

Cuomo Targets Thain

“It was pretty clear from TARP I that the secretary of the Treasury was supposed to establish a provision for executive clawback,” Hamermesh said in a phone interview. “How the secretary has implemented that isn’t clear.”

The Treasury could require companies that request additional funds to repay excessive bonuses as a condition of the further financing, Hamermesh said.

“If they come around to ask again, they could say we’re going to deny it unless they cough up the bonuses,” he said.

New York Attorney General Andrew Cuomo said on Jan. 27 that he subpoenaed former Merrill Lynch Chief Executive Officer John Thain for information about bonuses Merrill paid just before its acquisition by Bank of America. Thain said that he had kept the Charlotte, North Carolina-based bank informed about the brokerage’s finances and compensation.

Treasury agreed this month to provide $20 billion in capital and $118 billion in asset guarantees to Bank of America to help it absorb losses at New York-based Merrill.

Job Losses

Employment in New York City’s securities industry fell to 168,600 in December 2008 from 187,800 in October 2007, a decline of 19,200 jobs, or 10.2 percent, DiNapoli’s report found.

The state will have lost as many as 225,000 jobs and $6.5 billion in securities industry-related tax revenue by Oct. 31, DiNapoli has said. Positions eliminated in the financial industry alone may total 38,000 by then, he said.

Vice President Biden said in an interview on CNBC today that he would “like to throw these guys in the brig” for taking excessive bonuses.

“They are thinking of the same old thing that got us here: Greed,” Biden said. “They are thinking: Take care of me.”

Dodd said the Obama administration may soon request the second half of the TARP funds to bolster the U.S. housing market. He said that will be difficult to get through Congress if the new administration doesn’t restrain Wall Street’s spending.

“You’re never going to get any support for the continued tough decisions we have to make if this kind of behavior continues,” Dodd said. “We can’t be underwriting to the tune of billions of dollars, whether it was used directly or indirectly. This infuriates the American people.”

Dodd also said today that he may seek a 90-day moratorium on home foreclosures as part of the economic stimulus bill.

To contact the reporters on this story: Dawn Kopecki in Washington at dkopecki@bloomberg.net; Julianna Goldman in Washington at goldman6@bloomberg.net

Last Updated: January 29, 2009 17:09 EST



To: Jill who wrote (47917)1/29/2009 6:22:27 PM
From: stockman_scott  Respond to of 57684
 
Lewis, Thain, CEO Cult Torched in Crisis Bonfire:

Commentary by David Pauly

Jan. 29 (Bloomberg) -- The John Thain vs. Kenneth Lewis public dust-up may signal the death of a species.

The once-powerful chief executive officer cult went into decline in recent years when members of the class were imprisoned for defrauding investors (Jeffrey Skilling of Enron Corp.) and stealing company funds (Dennis Kozlowski of Tyco International Ltd.).

The financial crisis gripping the U.S. and the world has taken the prestige of CEOs to new lows. Huge write-offs for mortgage securities and credit default swaps meant the end for bosses at Merrill Lynch & Co., Citigroup Inc., American International Group Inc., Fannie Mae, Freddie Mac and Washington Mutual Inc.

Now we have the spectacle of Lewis, the CEO of Bank of America Corp., firing Thain, who headed Merrill Lynch before selling it to Lewis at year-end. Neither executive comes out of the fray looking particularly good.

Lewis dismissed Thain this month, after a three-week stint as head of global banking and securities for Bank of America.

Thain’s sins were many. He asked for a 2008 bonus despite Merrill’s massive loses, and then backed off. Merrill lost another $15 billion in the fourth quarter. Then he granted bonuses to other employees of the stock broker before the sale closed. There was also the matter of his $1.2 million redo of Thain’s office at Merrill as the credit crisis unfolded.

Who Knew?

While Lewis can argue that he wasn’t fully apprised of Merrill’s deteriorating condition, his shareholders might think he wasn’t diligent enough. The Lewis story is that the government insisted he go through with the takeover in any case -- dumping more U.S. billions into the combined giants. If so, why didn’t Lewis inform Bank of America shareholders of the worsening situation before closing the deal?

The record suggests Lewis is a compulsive collector of financial institutions. Before Merrill, he took over FleetBoston Financial Corp., credit-card company MBNA Corp., LaSalle National in Chicago, U.S. Trust Corp. and Countrywide Financial Corp. Bank of America shares have plummeted to $7.39 from a high of $55.08 in November 2006. His purchase of Merrill -- after previously denigrating Wall Street -- may be the takeover that takes him down.

Investors, analysts and journalists all contributed to the cult of the CEO. They assumed a big ego, a touch of greed and a bit of arrogance were prerequisites for the job.

Then came the excesses. Egos require royal trappings: corporate jets, company-paid tickets to New York Knicks games, $87,000 rugs.

Fond Farewells

A culture of pay-beyond-performance led to huge exit packages for CEOs who failed. E. Stanley O’Neal took away $162 million from Merrill Lynch in 2007 even though he was denied severance pay and a bonus for that year.

Arrogant CEOs answered to nobody. After an analyst questioned Enron’s disclosure at a meeting, Skilling referred to him in an aside as something unprintable.

On Wall Street, arrogance turned into ignorance. CEOs either didn’t understand subprime mortgage securities or didn’t fathom how big the risks were.

Investors now will look for different qualifications in chief executives. Humility and transparency perhaps. CEOs will be held to a higher standard with less pay -- especially on Wall Street where the old bonus system is dead. Good corporate government will replace personal aggrandizement. Amen.

(David Pauly is a columnist for Bloomberg. Opinions expressed are his.)

Editors: James Greiff, Steven Gittelson

To contact the writer of this column: David Pauly in Fort Myers, Florida dpauly@bloomberg.net

Last Updated: January 29, 2009 00:01 EST



To: Jill who wrote (47917)2/1/2009 1:01:02 AM
From: stockman_scott1 Recommendation  Read Replies (2) | Respond to of 57684
 
Disgorge, Wall Street Fat Cats
_______________________________________________________________

By MAUREEN DOWD
Op-Ed Columnist
The New York Times
February 1, 2009

The president’s disgust at Wall Street looters was good. But we need more. We need disgorgement.

Disgorgement is when courts force wrongdoers to repay ill-gotten gains. And I’m ill at the gains gotten by scummy executives acting all Gordon Gekko while they’re getting bailed out by us.

With the equally laconic Tim Geithner beside him, Mr. Obama called it “shameful” and “the height of irresponsibility” for Wall Street bankers to give themselves $18.4 billion worth of bonuses for last year.

They should know better, he coolly chided. But big shots — even Mr. Obama’s — seem impervious to knowing better. (Following fast on Geithner’s tax lacunae, Tom Daschle’s nomination hit a pothole when he had to pay $140,000 in back taxes he owed mostly for three years’ use of a car and a driver provided by a private equity firm.)

At least the old robber barons made great products. When you make money out of money, unmoored from morality and regulators, it must unhinge you. How else to explain corporate welfare queens partridge hunting in England, buying French jets and shopping for Lamborghinis?

Mr. Obama was less bracing than during the campaign, when A.I.G. executives were caught going to posh retreats after taking an $85 billion bailout. He called for them to be fired and to reimburse the federal Treasury. Now that he has the power to act, Mr. Obama spoke, as his spokesman Robert Gibbs put it, “like that disappointed parent that doesn’t embarrass you in the mall, but you feel like you’ve let somebody down.”

That’s not enough, not with the president and Geithner continuing to dole out what may end up being a trillion dollars to these “malefactors of great wealth,” as Teddy Roosevelt put it.

USA Today wrote about “the A.I.G. effect:” executives finding ways to spend more discreetly, choosing lesser-known luxury hotels and $110 pinot noir instead of the $175 variety.

More than a disappointed parent, they need a special prosecutor or three. Spare the rod, spoil the jackal. Anyone who gave bonuses after accepting federal aid should be fired, and that money should be disgorged to the Treasury.

Claire McCaskill popped out a bill to limit the pay of anyone at firms taking federal money to no more than the president makes — $400,000.

“These people are idiots,” she said on the Senate floor. “You can’t use taxpayer money to pay out $18 billion in bonuses. ... Right now they’re on the hook to us. And they owe us something other than a fancy wastebasket and $50 million jet.”

One Obama official said her idea is catchy, but it won’t work “because no one would come to Treasury to participate, and that means our economy would continue to stumble downward.”

Senator Chuck Grassley urged the administration to snatch back the bonuses. “They ought to give ’em back or we should go get ’em,” the Republican told me. “If this were Japan and a corporate executive did what is being done on Wall Street, they’d either go out and commit suicide or go before the board of directors and the country and take a very deep bow and apologize.”

He was shocked to learn that the Office of Management and Budget, insistent on following the Paperwork Reduction Act, was dragging down a special inspector general’s investigation of what banks are doing with taxpayer money. (After complaints, the O.M.B. yielded on Friday.)

“Once in a while, some C.E.O. comes and talks to me and I wonder if they’re laughing under their breath at having to talk to someone who makes 1 percent of what they make,” he said.

Treasury officials and Barney Frank are dubious about recouping bonuses. “Paulson let the cat out of the bag,” Frank said of Henry Paulson, Geithner’s predecessor, “and it can’t be gotten back.”

But aren’t taxpayers shareholders in these corporations now, and can’t shareholders sue or scream “You misspent my money!” like Judy Holliday?

“In ‘The Solid Gold Cadillac,’ ” said Frank, who knows the movie.

“We got some preferred shares,” he mused, “but I don’t think we could sue on that basis.”

Rudy Giuliani resurfaced Friday to defend corporate bonuses, telling CNN that cutting them would mean less spending in restaurants and stores.

Stupid. Even without bonuses, these gazillionaires can still eat out. It’s like Rudy’s trickle-up Make Work Program: Make Leisure.

Some Obama policy makers still buy into the notion that if they’re too strict, these economic royalists, to use F.D.R.’s epithet, might balk at the bailout, preferring perks over the prospect of their banks going belly-up.

The president needs to think like Andrew Cuomo. “ ‘Performance bonus’ for many of the C.E.O.’s is an oxymoron,” he said. “I would tell them, a) you don’t deserve a bonus, b) where are you going to go? and c) if you want to go, go.”

Copyright 2009 The New York Times Company