Needed a break from blogging, so I took Monday off. And while I was away? 18 of the AIG ... er ... AIU ... bad job bonuses decided to give them back:
It had been a brutal week inside AIG Financial Products. News that the firm had doled out more than $165 million in retention payments over the past week had angered the country and sent lawmakers into fits of rage. American International Group's president, Edward M. Liddy, had asked that the unit's employees consider returning some, if not all, of the money. New York Attorney General Andrew M. Cuomo had subpoenaed AIG for a list of Financial Products employees and how much money each had received.
Now, the firm's chief operating officer, Gerry Pasciucco, had set a 5 p.m. Monday deadline for staffers to indicate whether they planned to return their retention payments, and if so, what percentage. His e-mail included what appeared to be a tacit ultimatum from Cuomo.
"We have received assurances from Attorney General Cuomo that no names will be released by his office before he completes a security review which is expected to take at least a week," Pasciucco wrote."To the extent that we meet certain participation targets, it is not expected that the names would be released at all."
Yesterday afternoon, 18 of the 25 most senior Financial Products executives had agreed to return their retention payments, amounting to more than $50 million thus far. Company officials expect more employees to follow suit.
"They are doing the right thing," Cuomo said on a conference call with reporters, adding that he now saw no need to reveal the names.
Future Governor Cuomo, I presume?
Meanwhile, over in the ireelevant old guy wing of the Senate, the "other" Arizona Senator (the one who isn't on a quixotic jihad against earmarks...) is looking to save those AIGsters who don't give back the bonuses, from that nasty 90 percent tax bracket:
4:13 PM ET: Sen. Jon Kyl (R-Ariz.), the Republican whip, wants the Senate to delay -- at least for a week -- a vote on the House's bill to tax recipients of AIG bonuses, Reuters is reporting.
Analysts are attributing this afternoon's late Wall Street surge to Kyl's statement.
By "analysts" do you mean a vindictive and raging Jim Cramer? Or perhaps an overly animated Rick Santelli??? And here I was thinking the stock market surge was due to the Geithner announcement and a surge in home sales! Quaint lil' me. Who knew it was all Kyl...!
The undertaker: Richard Shelby tries to provoke a run on Citibank
Richard Shelby proved that he is far too crazy to be in the United States Senate, when this morning on "This Week," he suggested a surprising fix to the banking crisis: close down Citigroup and other major banks. Writes George Stephanopoulos:
Sen. Richard Shelby, R-Ala., the top Republican on the Senate Banking Committee, said today on "This Week" that the government should let trouble banks fail.
"I don't want to nationalize them, I think we need to close them," Shelby told me this morning. "Close them down, get them out of business. If they're dead, they ought to be buried," he said. "We bury the small banks; we've got to bury some big ones and send a strong message to the market. And I believe that people will start investing [again] in banks."
Shelby didn't explain, nor was he asked, by the way, how pulling a Lehman Brothers on potentially dozens of megabanks would inspire investors to re-enter the markets, nor did he explain the particular free market principle behind having the federal government come in with the padlocks and shut down a private bank. George did ask Shelby if he had a particular hit list in mind:
I asked Sen. Shelby if he was referring specifically to Citigroup, the struggling bank that has received about $45 billion in taxpayer money.
"Well whatever. Citi's always been a problem child," said Shelby, who has long opposed giving federal TARP money to struggling banks.
But Thomas Donohue, head of the U.S. Chamber of Commerce, disagreed. "It's not practical to talk about closing a bank that is integrated throughout the whole global economy," he said. "It is practical to talk about buying some of those assets away from those banks and holding them in an institution that would have both public and private money."
Question: is it responsible, in the middle of a recession, for a United States Senator to suggest killing off major banks, by name? If there is a run on Citi, or a major sell-off, on Monday, would Shelby be to blame?
...that ABC News added Bush flak (and contempt of Congress candidate) Karl Rove to its "This Week" roundtable lineup, while the advertising between segments is from BP, Bank of America and Chevron?
The economy shrank at a 3.8 percent pace at the end of 2008, the worst showing in a quarter-century, as the deepening recession forced consumers and businesses to throttle back spending.
Although the initial result was better than economists expected, the figure is likely to be revised even lower in the months ahead and some believe the economy is contracting in the current quarter at an even faster pace.
The new figure, released Friday by the Commerce Department, showed the economy sinking at a much faster clip in the October-December period than the 0.5 percent decline logged in prior quarter.
Although economists expected an even worse fourth-quarter performance — a staggering 5.4 percent rate of decline — the results were still grim.
Meanwhile, things weren't as bad for some people as for others. Those who did better than the rest of us include...
Bank executives, who handed out about $18 billion in bonuses to themselves, as a reward for screwing up the mortgage market... (President Obama scolded them roundly for it today.)
Exxon Mobile, which posted earth shattering, record profits of $45.2 billion, due to Bushian sky-high oil prices through most of last year. And get this: those profits were DOWN 33%...
And last, and actually, least ... Rudy Giuliani, who's still getting people to listen to him warble, on cable TV, talk radio and on and on, despite having gotten exactly ONE electoral vote during his presidential campaign, and becoming the laughing stock, not just of New York, but of the world, with his scandal-tainted, one state strategy bid for greatness.
The worker sit-in at Chicago's Republic Windows and Doors enters its fifth day, as those facing layoffs demand severance and vacation pay. The problem: the company is out of cash, and its banker Bank of America, won't extend a line of credit, even after BofA received billions in bailout money from taxpayers. From today's Chicago Tribune:
A standoff between workers at Republic Windows & Doors and its owners and bank over the plant's closing stretched into a fifth day after talks produced no agreement despite considerable political pressure and threats of investigations.
The 240 union workers staging a sit-in at the plant on Goose Island in Chicago decided to stay put at least until negotiations between their representatives and company owners and Bank of America continue Tuesday afternoon.
On Monday, workers were visited by a parade of politicians, including Gov. Rod Blagojevich and U.S. Sen. Dick Durbin (D-Ill.), who voiced their support for the workers while threatening Republic and Bank of America with lost business, legal action and federal inquiry. At City Hall, Chicago aldermen called for hearings on Republic, which had received about $10.4 million in city redevelopment funds as of the end of 2007, according to city documents.
Workers have been occupying the building since its abrupt closing Friday. They are protesting the loss of what they said is vacation and severance pay they've earned and the lack of notice about the closing. The federal WARN Act requires 60-day notice of a plant's closing.
Many said Monday that they appreciated the encouragement and national attention, recognizing that their effort had tapped into concerns about job security in a declining economy.
"I'm not scared because I'm not alone on this," said Raul Flores, 25, who had worked at Republic for eight years. "We're strong and we're going to stay. This gives us the strength to keep going. This is going to be for everyone."
Durbin said he would raise questions in Washington about whether billions of dollars of federal bailout money given to struggling banks is being properly used. Gutierrez urged a federal investigation into the company's failure to make required severance payments.
"The taxpayer dollars going into these big banks are not for dividends, they're not for executive salaries, they're for loans and credit to businesses just like Republic so they can stay in business and so these workers won't be out on the street unemployed," Durbin said.
Bank of America cut its line of credit to Republic, which the company said forced the plant's closing last week. Blagojevich threatened that the state would suspend all business with the bank until the Republic matter was resolved. Aldermen and Cook County officials also proposed suspending business with the bank and withdrawing hundreds of millions of dollars. ...
Of course, the governor has got his own problems, but that's a whole 'nother post...
Republic says its business tanked because of a sharp decline in home building. BofA says Republic needs to "manage its own affairs." Dueling statements were issued yesterday, by the bank, a "don't look at us":
"We agree with the statements of public officials that Republic Windows and Doors should do all it can to honor its obligations to its employees and minimize the impact of failure on those employees.
We are reaching out to the management and ownership of the company to see what they can do to help resolve this issue.
As a creditor of the company, we continue to honor all of our agreements with the company and have provided the maximum amount of funding we can under the terms of our agreement.
By any objective measure, Republic Windows and Doors is unable to operate profitably given the challenges of the current economic climate and its industry. Public statements by management of the company have made this clear.
When a company faces such a dire situation, its lender is not empowered to direct the company's management how to manage its affairs and what obligations should be paid. Such decisions belong to the management and owners of the company.
Bank of America has worked with the company and shared our concerns about the company's situation and its operations for the past several months. It is unfortunate that the company has been unable to reverse its declining circumstances."
10/16/08 a- Republic presents plan for "orderly" wind down including ceasing manufacturing in January 2009. INFORMS BANK OF AMERICA OF POSSIBLE WARN ACT NOTICE ISSUES AND VACATION PAY. 10/15/08 a- Informed Bank of America that Republic had a 10/24/08R buyer for the existing Note for ±$3.0M, discount of $1.5M. 10/15/08 a- Offer rejected by Bank of America stating they believed they were "over" collateralized. 10/15/08 a- Bank of America demands plans for "orderly" wind down Republic. 10/18/08 a- Bank of America rejects plan and demands a shorter wind down period. 10/27/08 a- Republic responds with a new plan to cease operations January 2009. 10/29/08 a- Bank of America rejects plan. 11/25/08 a- Republic requests permission from Bank of America to issue vacation pay to all employees. 11/26/08 a- Bank rejects Company request to make vacation pay.
“They want the poor person to stay down,” said Silvia Mazon, 47, a mother of two who worked as an assembler here for 13 years and said she had never before been the sort to march in protests or make a fuss. “We’re here, and we’re not going anywhere until we get what’s fair and what’s ours. They thought they would get rid of us easily, but if we have to be here for Christmas, it doesn’t matter.”
The workers, members of Local 1110 of the United Electrical, Radio and Machine Workers of America, said they were owed vacation and severance pay and were not given the 60 days of notice generally required by federal law when companies make layoffs. Lisa Madigan, the attorney general of Illinois, said her office was investigating, and representatives from her office interviewed workers at the plant on Sunday.
And of course, from the president-elect:
At a news conference Sunday, President-elect Barack Obama said the company should follow through on its commitments to its workers.
“The workers who are asking for the benefits and payments that they have earned,” Mr. Obama said, “I think they’re absolutely right and understand that what’s happening to them is reflective of what’s happening across this economy.”
Question: why not designate Bank of America bailout funds to save this business?
Bush meets with his economic team on March 17, 2008. To Bush's right are Treasury Secretary Henry Paulsen (center) and National Economic Council Director Keith Hennessey. Photo: Getty Images
An AP headline this morning shows that, surprise! ...okay, no surprise ... the Bush administration was forewarned about the mortgage meltdown, and backed off regulating non-bank and bank profligates anyway. The bottoom line:
WASHINGTON – The Bush administration backed off proposed crackdowns on no-money-down, interest-only mortgages years before the economy collapsed, buckling to pressure from some of the same banks that have now failed. It ignored remarkably prescient warnings that foretold the financial meltdown, according to an Associated Press review of regulatory documents.
"Expect fallout, expect foreclosures, expect horror stories," California mortgage lender Paris Welch wrote to U.S. regulators in January 2006, about one year before the housing implosion cost her a job.
Bowing to aggressive lobbying — along with assurances from banks that the troubled mortgages were OK — regulators delayed action for nearly one year. By the time new rules were released late in 2006, the toughest of the proposed provisions were gone and the meltdown was under way.
"These mortgages have been considered more safe and sound for portfolio lenders than many fixed rate mortgages," David Schneider, home loan president of Washington Mutual, told federal regulators in early 2006. Two years later, WaMu became the largest bank failure in U.S. history.
The warnings were contained in a 2005 set of proposals from banking industry regulators. The recommendations were promptly ignored. A bit more from the AP story:
Many of the banks that fought to undermine the proposals by some regulators are now either out of business or accepting billions in federal aid to recover from a mortgage crisis they insisted would never come. Many executives remain in high-paying jobs, even after their assurances were proved false.
In 2005, faced with ominous signs the housing market was in jeopardy, bank regulators proposed new guidelines for banks writing risky loans. Today, in the midst of the worst housing recession in a generation, the proposal reads like a list of what-ifs:
_Regulators told bankers exotic mortgages were often inappropriate for buyers with bad credit.
_Banks would have been required to increase efforts to verify that buyers actually had jobs and could afford houses.
_Regulators proposed a cap on risky mortgages so a string of defaults wouldn't be crippling.
_Banks that bundled and sold mortgages were told to be sure investors knew exactly what they were buying.
_Regulators urged banks to help buyers make responsible decisions and clearly advise them that interest rates might skyrocket and huge payments might be due sooner than expected.
Those proposals all were stripped from the final rules. None required congressional approval or the president's signature.
"In hindsight, it was spot on," said Jeffrey Brown, a former top official at the Office of Comptroller of the Currency, one of the first agencies to raise concerns about risky lending.
So, who will be held accountable for this disaster? Not the banks. They're being paid off for their malfeasance. And not anybody in the Bush administration, either. Democrats in Congress simply don't have the stomach for it, even after the big November win. And I wouldn't hold my breath waiting for the incoming A.G. to start racking up the prosecutions, either. The Obama administration will come into office feeling that it has bigger fish to fry than the old fish stinking from the previous administration. And that's a shame.
The bank that no one knew was failing lost half its stock value last week, and with $800 billion in deposits, and a heap of mortgages and other assets in jeopardy, Citibank is one of those "too big to fail" institutions. So here comes the bailout:
NEW YORK (CNNMoney.com) -- The U.S. government on Sunday announced a massive rescue package for Citigroup - the latest move to steady the banking giant, whose shares plunged in the past week on fears about its exposure to toxic mortgage securities.
The plan has two key features:
First, the U.S. Treasury and the Federal Deposit Insurance Corporation (FDIC) will backstop some losses against more than $300 billion in troubled assets.
Second, the Treasury will make a fresh $20 billion investment in the bank. The government has already injected $25 billion into Citigroup as part of the $700 billion bailout passed by Congress in October.
The government will take a stake in the bank, and President Lame Duck said this morning that more Citigroup style rescues could be in the cards. Okay... but wasn't Citigroup (which Dubya mistakenly called "Citicorp" during his brief press availability this morning) the same megabank that almost went to court with Wells Fargo over both banks' desire to buy smaller, equally troubled Wachovia? Let's take a walk back to October 6:
NEW YORK/WASHINGTON (Reuters) - Wells Fargo & Co and Citigroup Inc agreed on Monday to a 44-hour truce in their fight over regional bank Wachovia Corp after a weekend of legal wrangling.
Wells Fargo and Citigroup have been battling over the bank since Wells Fargo announced an offer Friday that bested Citigroup's proposal a week ago.
As part of their agreement on Monday to suspend all litigation, effective immediately, the three banks also said they would cease any formal discovery activities.
The increasingly bitter dispute has drawn in U.S. Federal Reserve officials looking to broker a deal. Sheila Bair, chairman of the Federal Deposit Insurance Corp (FDIC), said she expected an agreement "that serves the public interest" to be reached Monday, although the FDIC is not involved in the negotiations.
A person familiar with the situation said the various options discussed in the talks with the government included dividing up Wachovia between the two feuding companies. The source added that Wells Fargo would still like to buy all of Wachovia.
Citi, which announced a preliminary agreement to buy Wachovia's banking assets for $2.2 billion a week ago, was considering an offer for the entire bank, among other options, a person close to Citi said.
The source said Citi has no appetite to buy Wachovia's assets without some sort of government guarantee -- unlike Wells Fargo, which made a $15 billion counterbid for the entire bank on Friday. ...
... Citi said on Monday it is seeking more than $60 billion of damages from Wells Fargo. Citi said Wachovia would have collapsed on September 30 without its agreement to acquire most of its assets. ...
So let me get this straight: Just over a month ago, Citigroup was in a position to spend $2.2 billion buying Wachovia, and countless sums on lawyers to sue Wells Fargo for trying to buy it first, and now, they're broke? What gives? At the time of the ank dispute, Citi's shares were trading down 5.1 percent to $17.41. This morning, it opened at $5.99, having fallen 60 percent in a single week. And the bank is about to get $20 billion in cash from the fed. I guess they blew that $2.2 billion on something more pleasing than Wachovia?
A little truthiness: who caused the subprime crisis?
McClatchy does us all a service, by setting the record straight:
As the economy worsens and Election Day approaches, a conservative campaign that blames the global financial crisis on a government push to make housing more affordable to lower-class Americans has taken off on talk radio and e-mail.
Commentators say that's what triggered the stock market meltdown and the freeze on credit. They've specifically targeted the mortgage finance giants Fannie Mae and Freddie Mac, which the federal government seized on Sept. 6, contending that lending to poor and minority Americans caused Fannie's and Freddie's financial problems.
Federal housing data reveal that the charges aren't true, and that the private sector, not the government or government-backed companies, was behind the soaring subprime lending at the core of the crisis.
Subprime lending offered high-cost loans to the weakest borrowers during the housing boom that lasted from 2001 to 2007. Subprime lending was at its height from 2004 to 2006.
Federal Reserve Board data show that:
More than 84 percent of the subprime mortgages in 2006 were issued by private lending institutions.
Private firms made nearly 83 percent of the subprime loans to low- and moderate-income borrowers that year.
Only one of the top 25 subprime lenders in 2006 was directly subject to the housing law that's being lambasted by conservative critics.
The "turmoil in financial markets clearly was triggered by a dramatic weakening of underwriting standards for U.S. subprime mortgages, beginning in late 2004 and extending into 2007," the President's Working Group on Financial Markets reported Friday.
Furthermore, though they have become the whipping banks of the right:
Fannie, the Federal National Mortgage Association, and Freddie, the Federal Home Loan Mortgage Corp., don't lend money, to minorities or anyone else, however. They purchase loans from the private lenders who actually underwrite the loans.
And...
This much is true. In an effort to promote affordable home ownership for minorities and rural whites, the Department of Housing and Urban Development set targets for Fannie and Freddie in 1992 to purchase low-income loans for sale into the secondary market that eventually reached this number: 52 percent of loans given to low-to moderate-income families.
To be sure, encouraging lower-income Americans to become homeowners gave unsophisticated borrowers and unscrupulous lenders and mortgage brokers more chances to turn dreams of homeownership in nightmares.
But these loans, and those to low- and moderate-income families represent a small portion of overall lending. And at the height of the housing boom in 2005 and 2006, Republicans and their party's standard bearer, President Bush, didn't criticize any sort of lending, frequently boasting that they were presiding over the highest-ever rates of U.S. homeownership.
Between 2004 and 2006, when subprime lending was exploding, Fannie and Freddie went from holding a high of 48 percent of the subprime loans that were sold into the secondary market to holding about 24 percent, according to data from Inside Mortgage Finance, a specialty publication. One reason is that Fannie and Freddie were subject to tougher standards than many of the unregulated players in the private sector who weakened lending standards, most of whom have gone bankrupt or are now in deep trouble.
During those same explosive three years, private investment banks — not Fannie and Freddie — dominated the mortgage loans that were packaged and sold into the secondary mortgage market. In 2005 and 2006, the private sector securitized almost two thirds of all U.S. mortgages, supplanting Fannie and Freddie, according to a number of specialty publications that track this data.
In 1999, the year many critics charge that the Clinton administration pressured Fannie and Freddie, the private sector sold into the secondary market just 18 percent of all mortgages.
Fueled by low interest rates and cheap credit, home prices between 2001 and 2007 galloped beyond anything ever seen, and that fueled demand for mortgage-backed securities, the technical term for mortgages that are sold to a company, usually an investment bank, which then pools and sells them into the secondary mortgage market.
About 70 percent of all U.S. mortgages are in this secondary mortgage market, according to the Federal Reserve.
But what about the infamous Community Reinvestment Act (the CRA)? Isn't THAT Carter-era abomination to blame for the subprime crisis? Why, no...
Congress created the CRA in 1977 to reverse years of redlining and other restrictive banking practices that locked the poor, and especially minorities, out of homeownership and the tax breaks and wealth creation it affords. The CRA requires federally regulated and insured financial institutions to show that they're lending and investing in their communities.
Conservative columnist Charles Krauthammer wrote recently that while the goal of the CRA was admirable, "it led to tremendous pressure on Fannie Mae and Freddie Mac — who in turn pressured banks and other lenders — to extend mortgages to people who were borrowing over their heads. That's called subprime lending. It lies at the root of our current calamity."
Fannie and Freddie, however, didn't pressure lenders to sell them more loans; they struggled to keep pace with their private sector competitors. In fact, their regulator, the Office of Federal Housing Enterprise Oversight, imposed new restrictions in 2006 that led to Fannie and Freddie losing even more market share in the booming subprime market.
What's more, only commercial banks and thrifts must follow CRA rules. The investment banks don't, nor did the now-bankrupt non-bank lenders such as New Century Financial Corp. and Ameriquest that underwrote most of the subprime loans.
These private non-bank lenders enjoyed a regulatory gap, allowing them to be regulated by 50 different state banking supervisors instead of the federal government. And mortgage brokers, who also weren't subject to federal regulation or the CRA, originated most of the subprime loans.
As much as I love the folks at McClatchy, I said the exact same thing a month ago, in this fantabulous video:
If you're a homeowner struggling to make payments on a subprime loan that has adjusted, the feds have nothing for you, man. But if you're the bank who MADE those subprime loans and is now feeling the pain, just call the Fed your Santa Claus. The WaPo has the news of the big bank bailout.
Oil hit $97 a barrel today, while the dollar sank to a new record low against the Euro and other currencies, partly fueled by the U.S. mortgage crisis. The crisis especially acute at Citigroup, which is the subject of "breakup" chatter. And analysts fear banks could be holding as much as $1 trillion in bad debt. Yikes...