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Critics: Goldman Should Give Back $2.9 Billion to Taxpayers
WASHINGTON — Irked that Goldman Sachs appears to have reaped a $2.9 billion taxpayer-aided windfall on an investment of a mere $20 million, some experts and watchdogs say the Wall Street giant should return the money to the U.S. Treasury.
"This wasn't rocket science, what was going on," said Michael Greenberger, a University of Maryland law professor who specializes in complex securities. "Anybody who understood this market knew that there was the potential for Goldman to later unwind proprietary trades. But the Obama administration and the Fed simply never inquired." "It's a very simple call to make," said Sylvain Raynes, a frequent Goldman critic who's an expert in the kinds of deals in which the investment bank landed an apparent jackpot. "They should never have been given this money, and they should give it back."
The assessment by the Financial Crisis Inquiry Commission also exposed a potentially huge regulatory omission in the rescue of the insurance giant American International Group, which was the conduit for more than $90 billion in tax dollars to U.S. and European banks.
It's now clear that the Federal Reserve Bank of New York, which quarterbacked the hurried, $182 billion bailout of AIG to avoid a meltdown of global financial markets, did little to guard against windfalls for major banks and investment banks.
The financial crisis panel's final report late last month found that Goldman's $2.9 billion payout came on "proprietary" trades — investments in which the firm used its own money rather than the more typical deals completed on behalf of clients.
The panel, inquiring into a McClatchy report last June, said that Goldman got $1.9 billion of the payoff after the taxpayer bailout of AIG began.
Critics say that in the rush to save AIG and avert systemic collapse of the financial markets, regulators treated Goldman like everyone else. But Goldman was different.
While most banks that got billions of dollars from AIG simply relayed the money to clients they'd insured against losses, Goldman got to collect a more than 100-fold return on a number of securities that soured, because none of its clients was involved.
The prospect of a repayment by Goldman — the firm that drew the most outrage over Wall Street's role in the financial crisis — would be welcome news now as President Barack Obama has been forced to propose huge cuts in federal programs as a way of dealing with a $1.6 trillion budget deficit for fiscal 2012.
Steve Ellis, of the government waste watchdog Taxpayers for Common Sense, said that "It's up to the federal government to demand accountability and transparency" regarding Goldman's payout.
"We can't afford to shell out cash without asking hard questions and demanding that the very same actors that got the economy into this mess take some of the burden on themselves," he said.
Congress could try to impose a tax on banks' profits from the bailout or adopt some other legislation to "claw back" the money, but it would be difficult because Goldman received it unconditionally, said Michael Greenberger, a University of Maryland law professor who specializes in complex securities. The New York Fed attached no strings to the money and let AIG decide how much Goldman would get.
Goldman, which paid a whopping $31.6 billion in employee bonuses in the past two years, denies that the trades in question were proprietary, signaling that it has no plans to send more money back to Washington.
In 2009, Goldman was quick to repay a $10 billion loan from a Treasury Department program to bail out banks. Last summer, the firm paid an additional $550 million to settle a related civil fraud suit filed by the Securities and Exchange Commission.
Goldman spokesman Michael DuVally rejected the characterization of the AIG payment as a windfall.
"We used the money we received from AIG to meet our obligations to clients with whom we hedged on the other side of these trades," he said.
Joseph Mason, a finance professor at Louisiana State University-Baton Rouge who has advised federal banking regulatory agencies, said that most large banks manage their risks with so many contrary trades that assertions they profited from a particular deal "can be obviated very quickly."
The issue, however, goes to the heart of the controversy over whether any of the megabanks that helped cause the crisis got sweetheart deals as part of the bailout.
"In the heat of the moment, the Treasury and the Fed weren't worried about who was participating in the housing bubble . . . or their level of involvement" when they shelled out money, Mason said.
"You run up the market, you cause a nationwide crisis and you're given money to continue. That sounds to me like an incentive to go out and do it again."
The New York Fed said in a statement that the bailout protected Americans, as well as AIG's policyholders and trading partners "from the catastrophic consequences of AIG's disorderly failure during the worst financial crisis in generations, (and) allowed AIG to meet its contractual obligations without discrimination." A New York Fed spokesman declined to comment on whether taxpayers backstopped any other proprietary trades
Greenberger, however, sharply criticized the handling of the AIG bailout, naming Federal Reserve Chairman Ben Bernanke; Treasury Secretary Timothy Geithner, the former New York Fed president; and Larry Summers, until recently Obama's chief economic adviser.
"This wasn't rocket science, what was going on," said Greenberger, who was a senior staffer at the Commodity Futures Trading Commission during the Clinton administration. "Anybody who understood this market knew that there was the potential for Goldman to later unwind proprietary trades. But the Obama administration and the Fed simply never inquired.
"They had all the power at that point. Goldman needed that money. They were on their knees, and that was the point at which hard bargaining should have been taking place."
However, Greenberger said he worries less about recovering taxpayer money than about preventing a future financial meltdown, because the banking industry is lobbying fiercely against rules implementing recent congressional overhauls by improving market transparency and limiting risk-taking.
AIG's big debts to Wall Street emanated from the decision of its highflying London-based Financial Products unit to write insurance-like protection for major banks and investment banks on some $78 billion in offshore securities, most backed by subprime or similarly dicey home loans. In many cases, the banks had written identical insurance protection for the buyers of the securities.
When the housing crash sank the securities' value, AIG was sent reeling toward bankruptcy by a chorus of banks demanding payment of tens of billions of dollars under the terms of the contracts, known as credit-default swaps.
Geithner, Treasury secretary Henry Paulson and Ben Bernanke elected to save AIG from bankruptcy, partly to keep banks afloat. As part of the rescue, the New York Fed directed AIG to cover the full face value of $62 billion of most of its swap contracts with Goldman and other U.S. and European banks.
Goldman, which collected $14 billion of those funds, said it merely forwarded the money to investors for whom it had written the same protection.
But the inquiry panel concluded that Goldman cashed in on another $5 billion in more exotic bets on so-called synthetic securities that weren't back-to-back trades. With AIG Financial Products unworried about a housing downturn, Goldman paid 0.1 percent of the securities' face value, or about $5 million annually, to bet in 2005 and 2006 on the default of a set of securities that neither party owned.
DuVally, the Goldman spokesman, said that the deals "were client-related, not proprietary transactions," emphasizing that, "The idea that we received a . . . windfall is wrong."
DuVally declined to detail the hedges — bets in the opposite direction — and wouldn't say whether Goldman had anything close to $2.9 billion at stake.
Another $1 billion in Goldman-AIG trades had yet to be unwound as of July.
It's still unclear whether other banks also collected windfalls for proprietary bets.
The French colossus Societe Generale, investment bank Merrill Lynch (now owned by Bank of America) and Germany's Deutsche Bank collected a combined $22 billion from AIG as part of the 2008 settlements. Deutsche Bank also insured billions of dollars in securities backed by commercial real-estate loans.
Spokesmen for AIG and all three banks declined to comment.
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24 Comments so far
Show AllI wonder how much they are making on the selling of Treasury bills to the Fed to convert them into Wall St-ready betting cash and War Machine lube money?
Refresh my memory.
How much money has Goldman "contributed" to Obama's campaign coffers ?
Follow the money.
Americans are not going to assemble together in mass in one place to change their government. Americans have been intentionally polarized over the past 30 years. Although many complain, few will join under one common cause to effectually change our system of government.
Americans need a common universal way to protest their disdain for current government/corporate/military decisions.
What would happen if millions of Americans refused to pay their federal income tax. Think it through. How would the government react being financially starved.
You wouldn't need to leave your homes to protest and risk inhaling tear gas, being shoot with rubber bullets, beaten with night sticks, or kicked in the head.
Starve the beast.
Conservatives and Liberals both agree that government spends way too much money. Conservatives and Liberals do not agree on where the money is being spent, but both polarized groups agree it is too much.
There must be millions of feedup Americans who would love to keep more of the money they earn in their own pockets, rather than see the money in the hands of corrupt political/corporate/military operatives.
Instead of bantering back and forth on all these social media websites, instead of agreeing daily about how f**k up the system is, use your collective to distribute and work on a single unifying idea.
Spread the word, organize without a single leader, but with a single consensus to do something together.
Choose the highest deduction possible on your federal return, then this time next year... Starve the beast.
Next year is an election year.
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Yes, the blue team fans blame the red team and the red team fans blame the blue team, neither group of fans willing to see the forest for the trees while the banksters and politicians they own laugh all the way to their banks.
Though US citizens have been confused, frightened and fragmented by false propaganda channeled through corporate media, the beautiful Egyptian revolution has shown that government propaganda is an expensive mirage that evaporates quickly when good stories and nonviolent energy charm human imagination with dreams of freedom. We can survive the suicidal policies of governments serving corporations rather than people, leaderless democracy is showing there is a way forward through the thickets of government lies.
Mathew, I agree, but one point here is the revolution in Egypt is not really leaderless... it is an ongoing struggle and scramble for new leaders, forming a new constitution, assembly and president. It is about finding and choosing leaders.
The leaders were in the background with cell phones and the people themselves became leaders.
The outburst of throwing off repression does not need traditional or elected leaders but after the violence of the outburst, civil society and democracy (representative not pure) is the natural next step.
In other words, where does this "leaderless democracy" exist in the world?
The propaganda is out of control.
While no real fan of "Libertarianism" there is no doubt that Ron Paul has people running scared.
Recently FOX news reported on Ron Paul won the latest Republican Straw poll. They then related how the crowd had booed the announcement of the results snidely suggesting it not what Ron Paul expected.
As it turns out they loudly CHEERED the announcement.
What Fox news did was splice in booing from a PREVIOUS convention. They then reported this as factual even asking Ron Paul what he had thought of the boos.
What is most telling is watching the newscasters as they "deliver the news". Consummate actors all. They have to know they are outright lying.
"The propaganda is out of control."
Yes.
"What is most telling is watching the newscasters as they 'deliver the news'. Consummate actors all. They have to know they are outright lying.
Yes, again. That is why you pay them very well, especially at the national level. It gives them a heavy stake in the establishment and the status quo. Not too many will bite the hand the feeds them millions. As homeless Bob says, there is a reason the call it "programming"...
Only thing comes to mind, you go to your place of employment, ask human resources to stop witholding taxes from your paycheck. Get back to me when you have their answer and we will take the next step.
Hey Feedup, on the short side and referencing this article; why doesn't someone say pay back the 2.9 mil PLUS interest. How about 29% interest because we don't trust em' and their credit and creditability is no good with us.
Second, why don't we cut to the heart of the delusion to give people a common basis for organizing? I say the delusion is we all believe we live in a democracy. But if corporations can now propagandize, and almost always choose the candidates by slinging a few "tax deductible" millions at them. Then they are buying the elections pure and simple. Democracy therefore, doesn't exist. Citizens United was successfully perpetrated and not even the ACLU is doing a damn thing about it which has got to make you wonder.
We want democracy. The only logical way to have a democracy is take the influence out of it. No monetary contributions of any kind from anyone. Federally fund elections. Equal funds to any legitimate candidate. Standardize polls. No "states rights" when it comes to our elections. One method, one process, no creative vote counting.
Shit-can the Electoral College; talk about potential gerrymandering... Not one of them rode a mule to get there. They flew first class and they can countermand your vote on a whim or a bag of cash. It's a stupid and totally out-dated system.
Fully support freedom of speech and freedom of commercial speech but know the difference. Businesses can talk about the product or service they sell, but they aren't licensed to sell politics or philosophy. And there shouldn't a tax deduction for buying politicians. political races, and votes with lies. it should be a crime. It used to be. But that was so long ago, a dollar was worth a dollar and a nickle would buy you a beer.
So, we can all agree on wanting to live in a democracy. And if we all knew the definition of democracy we'd all suddenly realize we don't have one.
And even rich folks don't want other rich folks controlling politics. So the answer is simple. Don't follow the money, make it illegal. Am I the only person who gets this?
Argue politics all you wish, that's just playing into the hands the bullshit purveyors as long as there is no actual democracy. Any political debate is two sides of the same plug nickle and that ain't democracy. As long as you think the current bastardization of the word is real, you've been had.
Democrat and Republican party honchos and corporate boards don't want us to think about whether America is a democracy or not. Because if we do, they have real a problem.
Just as you said, "one common cause". Define democracy and ask yourself if you live in one. Spread the question. The answer will take care of the problem because the remedy is so simple. Democracy has to be won. It has to be demanded. But you have to know what it is.
Tom Jefferson was right. When the government becomes the problem...
Hey, I have as little faith on Amerikans as the next guy, however, there are about 10,000 of them at the Wisconsin State Capitol right now, screaming their heads off and calling for the 'recall' of their Rethuglican governor. I wonder if they can do that, given that they themselves put him in office in the first place. He he he...Aaaaah, democracy
The Federal Reserve, like congress itself, is run by Goldman Sachs.
Death to Corporate "Personhood" is America's only salvation.
Sue, sue, sue, is our only chance! Sue all these bastards for all they've got. We don't need to like each other. we can even continue divided up and full of hate, so long as we are hating these bastards! We can even have multiple law suits through red/blue/white/black/green/whatever. What we need is to get started, find excellent lawyers/ex-judges, so on, who will do this pro bono and get their % in the end. Why not??? I ask around and everyone I talk to says it is a good idea!
What is the result of "unwinding" an investment that nobody, even the Fed understands.
It seems it gives the Banksters the choice of giving the Fed (People's) bailout money to whoever it choses for their own interest.
Who can prove they are wrong when nobody can unravel what the unwinding is?
The knotted maze of finance and most government transactions of the War Machine are their own shield against honest accounting.
If they hedged their bets 100% by making contrary trades, then how would they ever make any profit? When they quickly obviate any assertion that they profited from a particular deal, they are lying and cheating somehow. I don't know how. I'm not one of the "smartest guys in the room". What I do know is the burden of proof ought to lay with them since they got the taxpayers' money.
You have the answer, the burden of proof should be on the Banksters.
Your point about how do they make money on 100 percent hedges got me thinking.
Don't the big investment companies charge fees for each transaction?
Today they use super computers programed to make millions of trades a second.
That could be a big part of the mechanism of their profits. Maybe we will bailout the super computers next time around... or maybe that will be the time for our revolution in the USA.
Exactly, the whole lot of the criminal conflict of interest cabal ought to be in prison. They knew exactly what they were doing. Dr. Michael Hudson talks about it, Catherine Austin Fitts, Max Keiser and many many others as well. Of course we don't see those folks here on CD, they are "too inflammatory" (they tell the fundamental truth)
JPMorganChase is another criminal bank that has routinely rigged markets. They are a key player in the NYFed and Jamie Dimon is on the board. What next, Jamie Dimon as Treasury Secretary? Will Obama, like Tony Blair, make millions working for Dimon after he is done being Pres.?
http://www.newyorkfed.org/aboutthefed/org_nydirectors.html
JP Morgan has, with the cooperation of reglatory agencies, rigged the silver market for years. for example
http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2010/12/06/benzinga668905.DTL
This article is only the tip of the iceberg.
The Banksters ought to be in prison as well as paying us back.
Check out this outstanding article from Matt Taibbi, CD should post this!
http://www.rollingstone.com/politics/news/why-isnt-wall-street-in-jail-20110216?page=1
Hey Pilgrim....
Just in case you don't know it the ZioNazi Jews own the US media and if you say 'anything' antisemitic (criticism of their precious Eretz Ysriol) you're in deep caca!
TheAZCowBoy
Tombstone, AZ.
Pssssst, hey site 'minders' be cool and back off on the goyem. After the Jewish Wall Street banksters plundering of America all we have left is the fussing and the raving, I mean, you don't want concentration camps being built and Zyklon-B cannisters coming in by the train-load here in AmeriKKKa, or would you?
Fact: Golden Sachs was one of the biggest contributors to 'O'Bubba's presidential election. Since then the ZioNazi Jews have been in charge of his administration.
With the Wikileaks/Al Jazeera revelations (Palestine Papers) of what 'low life things' the Great Satan did to coerce 'Puppet' Fatah's Prez Mahmoud Abbas to have him withdraw a quick addressing of the judge Golstone's report to the UN Security Council regarding Jewish war crimes and the pogroms of 12/2008 - 01/2009 visited on Gaza by the murderous IDF's Operation Cast Lead murderers, thereby 'quashing' the report 'for all intent and purposes' in the eyes of the world.
The US has been the 'major contributor' to the failure of the Palestinians to gain equality in the Palestine/Israel 'peace talks' (charade) and even today we see the O'Bubba, Hillary and George Mitchell (Three blind mice) playing games to restart the peace talks - as the mad dog ZioNazi's continue building 24/7 in Silwan, East 'Arab' Jerusalem, the Jordan Valley and in the proximity of Nil'in where the IDF has continued to murder and maim 'peaceful' Palestinian demonstrators and as the Obama administration has continued, like an ostrich with its head in the sand, to pretend that the world is wrong and the US/Israel 'genocide twins' are right!.
Yassar, O'Bama 'prays' that democracy will not take root in Egypt or Jordan (or anywhere in the Muddled East) because it won't be about bribing 'one dictator' to 'heel' to US/Israeli imperialism, but of convincing millions of Arabs that US financing of Jewish terrorism by the US is good for the Middle East and for the oppressed Arabs of the region - and receive their 'concurring' vote.
It will be interesting to see that long column of US diplomats visiting Egypt in the next 6 months making sure that the US gets a 'democratic' Egyptian government that will continue to savage the Palestinian people of Gaza 'Just to keep the US/Israel rats happy as a 'shit-eating-Arkansas-Possum' and the Palestinians in bondage just as the rotton Mubarak bastard did 'for $1.3b in annual US bribe money.
You're in 'deep shit' US/Israel 'homicide twins' and the world is happy to see that the coming democracy in the Middle East will be your end..
C'est le Vi
TheAZCowBoy
Tombstone, AZ.
All this corruption and not single one of them as gone to jail.
The system is in a state of chaos. The lack of justice is evidence enough of that.
And the ponzi scheme continues unabated
Situation that exists today is as bad in someways as what brought the global economy within days of a complete meltdown 2 years ago.
And yet the Fed continues to feed the scheme.
Some are predicting another meltdown sooner or later, because "nothing has changed."
I guess it is true, that a leopard cannot change it's spots.
Only 2.9 bil? Where's the rest?