Bailouts and Bonuses: How Wall Street Wins Whether They're Right or They're Wrong

Heads: the risks pan out, the executives look like geniuses, and they have “earned” their multimillion dollar bonuses and Cuban cigars.  Tails: the uberderivative financial instruments that these “geniuses” have concocted crash, as in the subprime mortgage crisis...

There are simply no negative consequences.  Financial institutions, three years since the beginning of the global financial crisis, are still making incredibly risky investments (*cough* MF Global *cough*).  Why?  Because there’s no disincentive—moral hazard, as it’s called.  Bonuses given to these banks allow and encourage risky investments.  The penalty if they fail?  Oh, a few billion dollars in bailout money, straight from the pockets of taxpayers.  But the bonuses, they shrink in the aftermath, right?  Right?!  Nope.

The combination of bonuses and bailouts creates a “heads I win, tails you lose” scenario for big bank executives.  Heads: the risks pan out, the executives look like geniuses, and they have “earned” their multimillion dollar bonuses and Cuban cigars.  Tails: the uberderivative financial instruments that these “geniuses” have concocted crash, as in the subprime mortgage crisis; lenders and shareholders, and eventually taxpayers are forced to pay to revive the “too big to fail” institutions.  Meanwhile a year after the taxpayer-sponsored recovery, bonuses rise to their highest level in history.  Forget a slap on the wrist, Bank Executive Stevie just got caught with his hand in the cookie jar and his “punishment” was a trip to Costco to buy more.

In yesterday’s New York Times, Nassim Taleb’s OpEd piece touched on an important concern.  To eliminate the moral hazard, either the bonuses or the bailouts must go.  The easier solution for him is the bonuses, which he argues should be eliminated at any institution eligible for a taxpayer bailout.  If you’re “too big to fail,” you’re too big for bonuses.  At a bare minimum, this would eliminate the positive incentive for risk taking.

Of course, the second prong of Taleb’s argument—essentially instatement of the Volcker Rule—would be much more powerful.  Tell the institutions: “You can bank, or you can invest.  But the entities that store taxpayer money cannot also be the biggest gamblers in our financial system.  Period.”

 

Assisted by Rachel Grossbaum

Here We Go Again: Wall Street Pay Tops New Record: $135 Billion

All those Ivy League graduates working on trading formulas that yes, will yield some short-term profits, but in the end merely rachet up volatility and risk in the market – that will no doubt find Wall Streeters back in the halls of Congress looking for a handout.

Just when we thought maybe, just maybe, greed would take a back seat to long term value and prudent compensation that incentivizes sound risk taking, the WSJ reports that pay at public companies on Wall Street will reach a new record: $135 billion.  Wow.

What’s up with that?  The same Wall Street that brought us to the brink of a worldwide catastrophic depression; just ask Federal Reserve Board Chairman Ben Bernanke and Former Treasury Secretary Hank “I’m vomiting in public from all the stress” Paulson how close we were.  The same Wall Street that came hat in hand to Uncle Sam and the American Public, seeking oh, “about a trillion dollars” should do it.  

Ok.  So some of that money was paid back.  But from my vantage point, the driver there was Wall Street’s singular desire to be out from under additional regulation imposed on them by the TARP and other federal bailout programs.

I would not be so outraged if the American public were getting something for these record-breaking salaries.  Hey how 'bout the creation of some jobs fellas?  Last time I checked unemployment remained dangerously close to 10%.  What about some innovative financial product to reduce the deficit or some effort to stem the tide of home foreclosures?  Nope.  Instead it’s the same story.  Trading on exotic financial instruments, arbitrage, shorting markets, stocks and commodities.  That’s where the money is and that’s what we’ll get.  All those Ivy League graduates working on trading formulas that yes, will yield some short-term profits, but in the end merely rachet up volatility and risk in the market – that will no doubt find Wall Streeters back in the halls of Congress looking for a handout.

I hope when that happens – and it will – policy makers have the guts to stand up to the Street and impose limitations and sanity to future compensation.

Person of the Week: the Honorable Jed Rakoff

I wish the average American was making $91,000.

Judge Rakoff of the Southern District of New York is our Person of the Week.  Why?  Because he wouldn’t rubber stamp a deal between the SEC and Bank of America, which allowed BofA to sweep under the rug its use of taxpayer money (from “Uncle Sam”) to pay $3.6 billion in bonuses to Merrill employees.

Merrill had lost $27 billion!   Are bonuses deserved on losses of that magnitude?  Should that be the norm?  Can the whole thing be swept under the rug for a mere $33 million dollar fine?

“No,” said our Person of the Week, Judge Jed Rakoff.

After some harsh questioning and just plain common sense, the Judge called the proposed fine “strangely askew” (to the $3.6 billion dollars in bonuses) and sent the parties packing, giving them 2 weeks to rethink and attempt to support the settlement.

Let’s be clear.  I have no issue with ample bonuses and huge salaries.  I’d take one.

But they should be a reward for:

  • Creating shareholder value
  • Extraordinary service
  • Taking risks on new technologies
  • Creating new jobs.

And they should not be paid by taxpayers.  They should not be paid for generating losses in a public company.  And they should not be made for churning trades and providing no value to folks on “Main Street”.

In an effort to defend the $3.6 billion in bonuses, BofA’s attorney Lewis Liman (our Imbecile of the Week) argued it only amounted to on average bonuses of $91,000.

Mr. Liman, what planet are you living on? How many:

  • teachers;
  • nurses;
  • firefighters;
  • legal aid attorneys;
  • operators of homeless shelters; and
  • community organizers

--even earn $91,000? Jed Rakoff stood up for “Main Street” this week and for that reason he is our “Person of the Week”.