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Is Probe Of AIG Bailout, Payments To Counter-Parties, In The Offing?
Is the momentum building for an investigation into the real beneficiaries of AIG's latest bailout?
Earlier this month, the Treasury Department announced it was rescuing the fallen insurance giant yet again, bringing the total amount of taxpayer assistance given to the firm since last September to $170 billion. It soon became clear that much of that money -- over $49 billion, to be exact -- was going right through AIG to the counter-parties on its credit default swaps, both American banks like Goldman Sachs, and foreign ones like DeutscheBank.
Defenders of the move have argued that not giving the counter-parties this indirect bailout would have risked a wider financial collapse.
But the level of analytic rigor that the government applied in coming to the conclusion that it had to bail out the counter-parties has never seemed particularly high. And over the weekend, Goldman Sachs -- the biggest American counter-party to AIG's CDS deals -- undermined that argument, when it publicly announced that, because they hedged their CDS bets, they'd have been fine without that backdoor bailout. A Goldman exec bolstered that claim yesterday, telling (sub. req.) a conference hosted by the Wall Street Journal that "We would have been 100 percent fine," had AIG been allowed to fail.
Now, voices both inside and outside government are starting to call for a fuller exploration of the process by which policymakers determined that bailing out AIG's counter-parties was necessary.
The day after Goldman's announcement, former New York governor Eliot Spitzer -- who made his name as the state's Attorney General going after Wall Street fraud -- called, in a column on Slate, for a federal investigation of the counter-party payments from AIG to Goldman -- $12.9 billion in all.
Wrote Spitzer:
But what were the government officials possibly thinking? The only rationale for what we should call the "hidden conduit bailout" to AIG's trading partners is that the cascading effect of AIG's inability to pay would have been devastating. But Goldman has now said very clearly there would have been no cascade. Not even a ripple.Is the same true of AIG's other counterparties, including several foreign banks? What examination of the impact of an AIG failure did federal officials undertake before deciding to spend countless billions bailing out AIG and its trading partners.
Then yesterday, TPMDC reported that Rep. Elijah Cummings (D-MD) is calling for an inspector general investigation of AIG's counter-party payments. Cummings noted the same seeming contradiction that Spitzer had -- that is, between Goldman's statement that it would have been fine had AIG collapsed, and the government's apparent belief that the counter-parties were seriously at risk.
And a staffer for the House Oversight Committee told TPMmuckraker yesterday that that committee's broad investigation of the causes of the financial collapse and the government's response to it, which has been going on since last fall, would soon consider a version of that same question: how and why did Treasury make the decision to bail AIG out? As TPMmuckraker reported yesterday, the committee will get to ask former AIG chief Hank Greneberg about that, and related issues, at a hearing next week.
Of course, it looks like a key factor here may have been the memory, in policymakers' minds, of what happened when they decided against bailing out Lehman, whose collapse triggered the start of the current crisis. There appears to have been an understandable fear that AIG's failure could have had similar, or greater, knock-on effects. Still, we've been given minimal information about the factors that went into the decision so all we can do is guess.
But from the looks of things, that may be about to change...
Late Update: Reader J.M.N. makes a good point about the counter-parties bailout, which we should have noted originally:
I have no doubt that Goldman would have been all right had it not received bailout money through AIG. I am much less convinced that all of the other counter-parties would have survived. Further, evidence that Goldman didn't need the payouts to survive says absolutely nothing about whether anyone else needed them; it's been clear for more than a year that Goldman was in much better shape than just about anyone else on the Street. My guess is that bailing a bunch of them out was necessary. The problem here, and it's one that you really need to address in your comments on the matter, is that I can't think of any legal justification for bailing out the other counter-parties, but not paying off the derivative contracts with Goldman. Even in bankruptcy you wouldn't be able to do that.
And of course, if the point was to rescue foreign banks like DeutscheBank and Societe Generale, that's an even harder position to explain politically, whatever its substantive merits.

















We need to refocus this anger. Yes, Goldman would have been fine had AIG gone into default, per the 2005 bankruptcy reform they would have had first claim on AIG's assets. All the holders of AIG's regulated issurance products would have been wiped out. The repercussions due to breach of contracts caused by lack of liability insurance would have brought all real activities in the US to a halt. The 2005 bankruptcy reform has given the power to destroy the economy to the purchasers of AIG CDS's. The real outrage needs to be focused on the Congress members who subjegated the claims of regulated financial activities to the claims of unregulated financial activities.
March 25, 2009 3:14 PM | Reply | Permalink
Let me endorse that. One of the financial regulatory changes I want to see is the repeal of the bankruptcy reform written by the big banks.
The big one of course is the break up of the large financial corporations. Just bringing back Glass-Steagal should accomplish that, since it would force the conglomerates to pick a business and divest the rest.
March 25, 2009 3:47 PM | Reply | Permalink
Briefly (and again), Thank You TPM for your continued and presumably pain-staking due diligence endeavors and as they are also seemingly towards Transparency, 'Oversight and Accountability'.
Also the same acknowledgment appears to be well deserved to your many Contributors including within many blog comment replies.
Thank you for your time and consideration.
March 25, 2009 4:28 PM | Reply | Permalink
Such investigations will go nowhere.
We gave AIG money to keep them in business, that business involved paying off debts to other firms.
The lack of money to pay these counterparties was why AIG failed in the first place, so in saving them, that's precisely what we were supplying the money for.
March 25, 2009 6:02 PM | Reply | Permalink
It is quickly becomming old to keep hearing that some banks are "to big to fail" and need the US taxpayer to bail them out. That is pure BS, especially when these big banks are owned by foreigners who do not have the interests of the USA or even the interests of their banks in mind - only their individual interests and profits in the form of salaries, bonuses, and "retention payments".
It would be interesting to hear who owns (owned) AIG - the individuals, not the corporations these individuals are hiding behind.
March 25, 2009 8:44 PM | Reply | Permalink
and to top it off... we will STILL vote the same parties who have done this to us... back into office to finish the destruction of this once great nation... and blast them for our own stupidity when they continue doing what they do best....
March 25, 2009 10:46 PM | Reply | Permalink
AIG resembled nothing so much as an enormous casino. After all, buying insurance is placing a bet (that you will die, for example, or that your car will be involved in a crash). But AIG became a very strange casino, in which the house accepted increasingly bad odds concerning the value of securities reeking with risk. Finally, the house (AIG) was accepting bets its couldn't make good on, and which were bound to lose.
But why wasn't the money-losing division of AIG organized so as to insulate the parent company from its losses? Why were these "clever" and "highly talented" executives, so gifted in the world of risk analysis and finance, permitted to bet all the assets of the parent company? I have it: because otherwise, no one would have placed those bets. The rogue division had to have AIG's vast pool of assets behind it, so AIG's entire portfolio became that division's collateral. Problem was, the portfolio was not enough. AIG had not put aside reserves for these obscenely huge bets. No regulations required it. And so,as always with America's gigantic financial scandals, solving the problem entails calling in the taxpayers.
March 26, 2009 11:23 AM | Reply | Permalink
By the way, I don't understand why the NYS Superintendant of Insurance isn't suing AIG for having put reserves for traditional insurance at as a result of the foreign division's shenanigans.
March 26, 2009 11:57 AM | Reply | Permalink
Typo alert: Post should read:
...I don't understand why the NYS Superintendant of Insurance isn't suing AIG for having put reserves for its traditional insurance at risk as a result of the foreign division's shenanigans.
March 26, 2009 11:59 AM | Reply | Permalink