Audit Faults New York Fed in A.I.G. Bailout

Mary Williams Walsh | Washington | November 16

NYT -
The Federal Reserve Bank of New York gave up much of its power in high-pressure negotiations with the American International Group’s trading partners last year, according to a government report made public on Monday.

Just two days before the New York Fed paid A.I.G.’s partners 100 cents on the dollar to tear up their contracts with the insurance giant, one bank volunteered to take a modest haircut — but it never got the chance.

UBS, of Switzerland, alone offered to give a break to the New York Fed in the negotiations last November over how to keep A.I.G. from toppling and taking other banks down with it. It would have accepted 98 cents on the dollar.

But UBS’s good-faith gesture was quickly drowned out by Goldman Sachs and the top French bank regulator. They argued, with others, that it would be improper and perhaps even criminal to force A.I.G.’s trading partners to bear losses outside of bankruptcy court.

The banks and the regulator were confident that the New York Fed was not willing to push A.I.G. into bankruptcy, because earlier in the fall the New York Fed had stepped in with $85 billion to prop up the insurer.

The New York Fed, led then by Timothy F. Geithner, who is now the Treasury secretary, therefore had little leverage in the negotiations, according to a post-mortem of what has emerged as the most inflammatory episode in the rescue of A.I.G.

The Fed “refused to use its considerable leverage,” Neil M. Barofsky, the special inspector general for the Troubled Asset Relief Program, wrote in a report to be officially released on Tuesday, examining the much-criticized decision to make A.I.G.’s trading partners whole when people and businesses were taking painful losses in the financial markets.


See also:

Huffington Post: Geithner Singled Out In TARP Watchdog Neil Barofsky's Scathing Report On AIG Bailout

A brutal report issued Monday by a government watchdog holds Timothy Geithner -- then the head of the Federal Reserve Bank of New York and now the nation's Treasury Secretary -- responsible for overpayments that put billions of extra tax dollars in the coffers of major Wall Street firms, most notably Goldman Sachs.

The authoritative new narrative describes how, while bailing out insurance giant AIG last fall, a team led by Geithner failed nearly every step of the way.

Zero Hedge: Moral Hazard Defined; Goldman's Response To The FRBNY On AIG: "Let It Fail, We Are Insured"

Courtesy of the SIGTARP's latest report, the events on November 6 and 7th, when Wall Street lackey extraordinaire Tim Geithner decided to pay $27.1 billion to make all of AIG's counterparties whole, have attained even more granularity. The main thing disclosed is just how willing Geithner was to extract absolutely no concessions from AIG's counterparties, and how after putting in a token effort, the best he could do was to just get UBS to agree to a contingent 2% haircut, which would only be effective if all the other counterparties agreed to the same. Of course, this approach failed, and the final "make whole" bailout was a foregone conclusion from the beginning. That Tim Geithner approached his duty of "preserving" taxpayer capital with such disdain, would be grounds for immediately termination for cause in any normal, non-banana society. Alas, America has long ceased being representative of one.

[...]

This, Mr. Geithner, is what moral hazard is all about. Thanks to your actions you have doomed the U.S.'s formerly free and efficient equity markets to the biggest capital market bubble in history, which, like any ponzi, has only two outcomes: it either keeps growing in perpetuity as greater fools crawl out of the woodwork to keep it growing, albeit at ever slower marginal rates (note, this did not work out too well for Madoff), or it eventually pops. And the longer it takes to pop, the greater the ultimate loss of value: one day Madoff's business was worth $50 billion, the next day it was $0. And that is precisely the same fate that American capital markets will have at some point in the upcoming months or years. When future historians look back at what specific action caused the biggest crash in U.S. capital markets history, Mr. Geithner's cataclysmally botched negotiation of the AIG counterparty bailout will undoubtedly be at the very top of the list. In the meantime, just like in the Madoff case where the trustee is trying hard to trace where any stolen money may have been transferred to, to see the fund flows in our ongoing "ponzi in progress", look no further than the bank accounts of Goldman bankers as they receive their biggest ever bonus this year (and, by many indications, last).


Factors Affecting Efforts to Limit Payments to AIG Counterparties [PDF]

Numerian's analysis: What Really Happened with the AIG Swaps? It's Not What You Think


Raja November 17, 2009 - 8:26am

Unfortunate choice of words;)

Who will investigate Secretary of the Treasury Geithner. Geithner was at the announcement of this task force. But, golly gee, maybe, just this one time, it won't all be based on nepotism, it won't be another coverup for the insiders. Yeah, we'll get some real justice here. Well, maybe a little justice. Nah, it's going to be the same old-same old.

"Questions have been raised as to … (whether) the AIG assistance was in effect a 'backdoor bailout' of AIG's counterparties. Then-(Federal Reserve Bank of New York) FRBNY President Geithner and FRBNY's general counsel deny that this was a relevant consideration for the AIG transactions. Irrespective of their stated intent, however, there is no question that the effect of the FRBNY's decisions--indeed, the very design of the federal assistance to AIG--was that tens of billions of dollars of Government money was funneled inexorably and directly to AIG's counterparties."

Special Inspector General, TARP Nov. 17 page 34
http://tinyurl.com/yf8y6sh

SIGTARP's emphasis on effect and design are devastating and telegraph his intent. He's telling Geithner and the counsel that he knows they're bent and he's going to nail them. If any real justice comes out of investigations it will be the special inspector general and Elizabeth Warren who produce it.

Michael Collins November 18, 2009 - 12:24am

That was the point. It would have been cheaper to buy any of these entities after they collapsed. Ask yourself why BA bought Merrill the day before it would have failed for full price and not the day after for pennies on the dollar.

The armchair quarterbacking is getting lame. Remember the context. Which happened to be global financial meltdown. It reminds me of dr strangelove when the cop would not break open the pop machine to avert nuclear war.

Scotjen61 November 18, 2009 - 8:06am

Well, you could say that the global financial meltdown was as real a threat as was the mushroom cloud brought about by Iraq's stock of WMD. Or you could say that we are getting the meltdown in the form of lost jobs (at a rate far higher than predicted by the Obamanauts) and collapsing regional banks (over 100 and counting for the year) while the big boys, Geithner and Obama's buddy-buddies are making out like bandits. Or, and probably most true, a combo of the two.

There were other unmanipulated paths out of the "crisis" that would have resulted in the sort of economy you elsewhere seem to advocate. Instead, what we get is an exaggerated return to the status quo ante with more and more of the nation's wealth in fewer and fewer hands. If you weren't such a knee-jerk Obama defender you might be able to see and abandon your contradictory positions.

hvd November 18, 2009 - 8:48am

It's Friday and you are just informed that AIG is going to be going into default and that $189 billion in insurance claims that are outstanding are about to default to almost every major bank, pension house, and government fund in the world.

You got 24 hours to fix this problem and the press already has wind of it.

Now. Wait one week and repeat. That was October and November 2008.

To compare it with some foreign policy imbroglio completely misidentifies the immediacy of what the problem was. Obviously no one will ever fully comprehend the full extent of the crisis in 2008. And obviously everyone will sit here today in the comfort of a recovery and carp and complain. It is the American Way.

Jobs by the way is a lagging indicator. Economies recover in a specific order of segments. That is a basic reality that no amount of complaining can overcome. As I have said, this economy will recover faster than anyone expects - which has been the case since last March (consider the 10% swing from decline to gain in the GDP in only six months a post depression record). AND jobs will recover faster than anyone expects in 2010. But I'm sure there will be other things to complain about then.

Scotjen61 November 18, 2009 - 10:00am

I love your "comfort of recovery" and wonder why my sales continue to decline at a precipitous rate. Maybe that is because I don't sell to Wall Street.

I didn't have a problem in the hothouse of last October and November seeing it as just one more rush to war over something that frankly didn't amount to a hill of beans with reference to the real economy. Truly, at the time I was having big fights with my very best friends saying that Obama's riding shotgun for TARP was the death knell both for the economy and for the long-term prospects for progressive reform. That was the moment to let the predators die and to turn heaven and earth to protect, via FDIC and other means the depositors and the small regional banks that could help prime the pump for some true growth. Would there have been some hardship - sure - but you seem to write off the unemployment numbers which far exceed the Obamanaut's predictions as not being hardship.

If you are right about recovering jobs I will gladly eat crow and will promise not to complain any more here about Obama's non-progressive economic policies. I expect, however, that I will be able to keep on complaining and I fully expect to see you telling me just how wonderful things are - after all we are fighting them over there so they don't attack us here.

hvd November 18, 2009 - 10:24am

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