AIG will pay >$400MM to group that blew up firm

Posted by Marc Hodak on March 14, 2009 under Executive compensation, Scandal | 5 Comments to Read

That’s right.  The tax dollar whirlpool known as AIG will pay employees of its Financial Products group over $400 million in “retention” bonuses, a group of people that arguably no one else would hire.

The outrage about “Epic fail = Huge bonuses” is understandable.   But this isn’t really about bonuses.  It’s about guaranteed payments that the media insists on calling “bonuses” when, in fact, they are deferred obligations from contracts that may predate the crisis and current management.  Unfortunately for a certain lonely Treasury official, it may not predate his involvement.  He is desperately waving the media spotlight off to any another direction.

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Letter from Switzerland to the U.S. Congress

Posted by Marc Hodak on March 13, 2009 under Collectivist instinct | Read the First Comment

The Swiss are a peaceful, congenial people.  They don’t like to ruffle feathers.  They would just as soon be left alone to run their own affairs and stay out of others.  And they are much too polite to tell the Americans where they should take their requests for access to Swiss accounts.

Here is how I think they would respond if they weren’t so politic:

Dear Barack Obama, Timothy Geithner, Harry Reid, Nancy Pelosi, and Kim Jong-Il:

We understand your problem.  You want to tax your citizens where ever they are.  If they are taking dollars or won on which they have already been taxed, placing them in foreign banks that are investing them in foreign companies, getting back euros or yen or rubles from places that don’t benefit from your institutions of justice, defense, or infrastructure, you want a cut of that, too.  Fair enough.

Nevertheless, the Swiss government is not an arm of your governments.  Our banks are not subsidiaries of your tax collection units.  We are perfectly willing to cooperate in apprehending suspected criminals when you have provided specific evidence that conform with our extradition treaties. However, we see no reason to indulge your political prosecutions with fishing trips through our confidential files in the hope of finding new people to indict.  We don’t, as your youngsters say, roll that way.

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Where else could they go?

Posted by Marc Hodak on March 10, 2009 under Uncategorized | Read the First Comment

Remember the withering criticism of retention awards for the Smith Barney brokers?  You can get reminders here, here, here, …

The gist of the critiques was nothing so sophisticated as the need to actually retain people.  It was more on the order of grunts about “greed,” “pay for failure,” and “taxpayer theft,” etc.

At the higher end of this discussion were comments like this:

Where the heck are they going to go, if no bonuses (excuse me, rewards) are paid? I am talking about the “great” talent of Wall St that created such a nice and once-in-a-lifetime crisis. OK, some will leave, whatever. Most won’t. We are in a deep recession and even such “great” talent may not find alternatives easy.

So, how big of a retention risk did Smith Barney really have?  Well, this big.  SB has lost hundreds of brokers, to UBS, Wachovia, Raymond James, Oppenheimer, etc.–539 financial advisors so far this year.  The ones they lost included the best-performing, and relatively best rewarded people.  Most of the ones who remain had gotten no retention awards.  They will get used to that as they find themselves working for a government entity.

Reporting on executive compensation

Posted by Marc Hodak on March 9, 2009 under Reporting on pay | Be the First to Comment

An article appeared today titled “Top-exec pay train runs full steam ahead.”  Apparently, companies are paying fat bonuses to their CEOs even though their firms failed to achieve their targets.

“Executive pay is the ultimate shell game,” says Richard Ferlauto, a longtime critic of corporate compensation practices and director of pension investment policy at the American Federation of State, County and Municipal Employees. “Boards come up with all sorts of new ways to pay people whose performance shows they don’t deserve it.”

That Dick Ferlauto, he’s always good for a soundbite.  He also says, “What does ‘pay for performance’ mean if you ignore performance?” Yeah!

But wait.  Another article today said that “CEO bonuses are falling fast: study.”  That story says that bonuses for CEOs fell over 19 percent last year, and that was after a 4.5 percent decline from the year before.  What gives?  Both headlines can’t be right, can they?

It turns out that the first story was written based on exactly three examples.  Somehow, all three of those examples illustrated the promise of the headline.  Actually, one of the three stories doesn’t even do that–the company paying the bonus actually performed well.  The complaint about the third company was that they awarded their CEO a golden coffin benefit.  The headline in the first article implies that that “Top-exec pay train” applies to a entire class of executives, a significant number of people.  The fact that it doesn’t, that applies to just three people, kind of makes that headline suspect, to say the least.

The second story was, as implied by the headline, based on a study.  In fact, it was based on a random sample of 173 companies in an Equilar analysis.  In other words, this story was based on empirical research that ended up countering the anecdotally supported claims.

If two points make a trend, I would say the lesson here is to ignore any story that does not include a study to back up the anectdotal claims implied by selected examples.

For better or worse, though, headlines are an art, not a science.  Their art is purely and simply to get you to literally buy the story.  If I were half as liberal as the average reporter in the mainstream media, I might suggest that the government mandate that stories be labeled “anectdotal” vs. “study” so I could save some of time reading time.  But I understand regulatory behavior enough to know that as soon as I create that distinction, the market will work furiously to blur it as completely as possible, so paper can continue selling their sometimes false stories under often false pretenses.

Another nail in the coffin of public companies

Posted by Marc Hodak on under Executive compensation, Invisible trade-offs | Read the First Comment

When I saw the headline, “Activists Push for Lid on ‘Golden Coffin’ Death Benefits,’ I immediately thought, oh God, what manner of micromanagement are the activists trying to impose on hapless boards now?

Golden coffin is the perjorative term, loved by unions and the media, for a form of tax-efficient deferred compensation.  They are somewhat complicated structures, but they have two two salient properties:  (1) they can sometimes be low-cost ways of providing senior executives with certain estate-planning or tax benefits that they greatly value, and (2) they provide a stream of payments, instead of a lump-sum, to the beneficiaries–what one might call a form of guaranteed pay.

Boards and the executives they hire clearly like the first property.  They probably would be just as happy to provide this perk in the form of a straight salary, but the tax code makes that the most expensive way of delivering marginal compensation to the top five executives.  Boards and managers, looking for a more tax efficient way, came up with this deferred compensation method.

Critics are fixated on the second property. Read more of this article »

Watchmen

Posted by Marc Hodak on March 8, 2009 under Movie reviews, Patterns without intention | Read the First Comment

Dont mess with the naked blue guy

Don't mess with the naked blue guy

Notwithstanding the provenance of this film, there are no cartoon characters in Watchmen.  They were drawn much more richly and intricately than people you’d find in your average mass-market flick.  That alone would differentiate Watchmen from the ordinary pap emanating from Hollywood.  And being adapted from a graphic novel, its characters are drawn against a lush background, both literally and figuratively.

The counterfactual element of this background should be interesting for fans of political economy.  In the story, the first gen Watchmen appear around the 1940s, when the U.S. was looking for heroes.  The public welcomed the “Minutemen” (as they were then called) who fought crime at home and inspired victory abroad.

Alas, no one remains a media darling forever, especially if you’re fallible and powerful.  The backlash coalesced around the slogan “Who will watch the Watchmen?”  The answer of course was, “the government,” which led to something quite predictable in our world–licensing and regulation.  In order to be allowed to continue their heroics, they would have to register with the authorities.  The public choice mavens among you would no doubt ask, “Who will watch the people watching the Watchmen?”

So, Dr. Manhattan, the one Watchman with supernatural, almost god-like powers, becomes a civil servant tasked with preventing a nuclear holocaust.  He eventually becomes so detached and melancholy that he ends up hardly caring if the whole human race dies.  Don’t you get that feeling from the folks behind the counter at the Post Office?

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The trader supervisor’s option

Posted by Marc Hodak on under Executive compensation, Unintended consequences | Read the First Comment

So, is it an “irregularity” or a “misunderstanding?”  Those were the terms offered by the BofA and a currency trader, respectively, to describe that trader’s suspected $400M trading loss that had been previously reported as a $120M gain when this operation was still part of an independent Merrill.

Recall that shortly before BofA closed their acquisition of Merrill at the end of ’08,  Merrill had paid significant bonuses to certain of its senior executives.  One of its $10M men was David Gu, who headed up Merrill’s rates and currency operations.  If this report turns out to be more than a misunderstanding, or even an irregularity, this $520M turnaround in the paper fortunes of Mr. Gu’s operations will significantly cut into the profits for which Mr. Gu was rewarded.

Such a turn would bring up the question of clawbacks.  How much of a bonus would Mr. Gu have gotten if this unit’s profits were lower by $520M?  Will Mr. Gu be on the hook for any of that difference?

A more fundamental question is what Mr. Gu’s complicity might have been in the bogus profit number.  I doubt that Gu would have actively participated in fraud on his employer, or even tolerated fraud if he knew about it.  But the numbers coming up from his unit are ultimately his responsibility, as are the systems and accounting controls that guarantee the integrity of his reporting.  Is it possible that Mr. Gu had less reason to scrutinize the excellent numbers coming from his London currency trading desk than from, say, some poorly performing desks in other areas?

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Obama vs. the market

Posted by Marc Hodak on March 5, 2009 under Economics | Be the First to Comment

People are beginning blame the 20% drop in the Dow since January 20th on the Big O.  Barry Ritholtz disagrees.  He says that you can’t blame the first 44 days of stock price declines on Obama if you don’t blame the ’00-’03 bust on Bush.  Point.

There are some differences, though (many differences, actually, but some count more than others).  The market is forward-looking.  In principle, the only thing that will change a market value is new information.

What was the new information driving the market’s drop in Bush’s first few years?

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Business porn – Pt. 2

Posted by Marc Hodak on March 4, 2009 under Executive compensation, Scandal | Be the First to Comment

The big report today on the cover of the W$J and Reuter’s feed was that Merrill’s top ten paid executives earned $209 million for 2008.

The story (Version 1 – Wall Street Journal):  2008 was a horrible year for nearly everyone; big banks like Merrill were responsible; they would have failed, but they got bailed out by us (taxpayers); their top executives, far from suffering like the rest of us, made millions, or tens of millions (from us!).  But the NY AG is investigating the bonuses, so they may be made to pay for their greed.  The moral of the story?  Greed is alive and well on Wall Street, and we’re getting taken advantage of, except that our valiant public servants may set things straight.

The un-story (Version 2, teased from the same set of facts): Read more of this article »

The socialist is the one pushing for fiscal transparency

Posted by Marc Hodak on March 3, 2009 under Politics | 2 Comments to Read

The following exchange was between Bernie Sanders and Ben Bernanke:

“My question to you is, will you tell the American people to whom you lent $2.2 trillion of their dollars?” Sanders asked, referring to the size of the Fed’s balance sheet.

Bernanke responded that the Fed explains the various lending programs on its website, and details the terms and collateral requirements.

When Sanders pressed on whether he would name the firms that borrowed from the Fed, the central bank chairman replied, “No,” and started to say that doing so risked stigmatizing banks and discouraging them from borrowing from the central bank.

“Isn’t that too bad,” Sanders interrupted, cutting off Bernanke’s answer. “They took the money but they don’t want to be public about the fact that they received it.”

For those of you following at home, Bernanke is the Republican and Sanders is the socialist.  Confusing, I know.