Booman Tribune

Wall Street Welfare Reform

by TerranceDC
Wed Jul 23rd, 2008 at 05:35:26 PM EST

By the time a good idea makes it to Congress — and actually gets some serious consideration — it is no longer an idea whose time has come, but one whose time is way overdue. Such is the case as Congress takes up the issue of CEO pay, while staring in the face yet another expensive, and all but inevitable, taxpayer-financed corporate bailout.

Democrats and Republicans queasy about a federal rescue of mortgage giants Fannie Mae and Freddie Mac are coalescing around the idea of letting the government slap limits on the multimillion-dollar pay packages of their executives.

Seems reasonable, at a time when the government — with funds provided by you and me — is stepping in with a bailout that could cost upwards of $25 billion, and even $100 billion. It seems even more reasonable when considered alongside the reality that Freddie Mac's CEO made around $19.8 million in compensation even after the company's stock lost half its value. Fannie Mae's CEO didn't do so bad either, with a $12.2 million paycheck and a $2.2 million bonus.

Earlier this year, Congress dragged three of the biggest "subprime CEOs" in for a good talking-to about their compensation packages, which they got even after running their companies aground in mess that Congress is now attempting to clean-up with tax-payer dollars. (For example, Countrywide's Angelo Mozillo got bout $22.1 million 2007, and about $10 million in stock on his way out the door, when his company was sold to Bank of America in a sale approved by the Fed. Bear Stearns' James Cayne made about $232 million during the years his firm helped drive the subprime debacle, and got out just before the Fed ponied up guarantees of $30 billion to bet J.P. Morgan to buy it.) As far as anyone knows, the CEOs left with their ears burning, but their paychecks pretty much intact.

Earlier this month, Jack and Suzy Welch had this to say about CEO paychecks in their column at Businessweek.

Now, is this free-market system of pay perfect? Absolutely not, which is why underperforming CEOs sometimes end up getting huge sums of money just to go home. While such situations enrage many, they can be hard to avoid, given market dynamics. Some chief executives—Carly Fiorina at HP (HPQ), for example—are given large severance deals at the front end as an incentive to sign on. Other CEOs, such as Chuck Prince at Citigroup (C) and Stan O'Neal at Merrill Lynch (MER), exited their troubled companies with more money than some people liked because of stock grants and compensation earned over many years when results were good. Such endings look wrong and quite understandably give critics a platform.

But from where we stand, no overall system of setting pay is better than the free market. Indeed, one of the best things about it is that it rewards companies that perform well, and those tend to be the talent magnets that pay everyone well, from the CEO to the front lines. Moreover, there's just no better alternative. Government involvement? Forget it! What a mess that would be, with grandstanding politicians vying to outdo each other with vows of putting chief executives in the poorhouse and CEOs (and their lawyers) appearing at Capitol Hill hearings every year to explain their business models, describe their competitive situations, and defend pay packages as they relate to both. Now there's a productive use of everyone's time!

Yeah, but the government is already involved the tune of hundreds of billion, between bailouts and extending loans to Wall Street. It turns out that the free market isn't all that free. In some rather well known cases, the government steps in and rewards companies that don't perform well with bailouts rather than just letting them fail. In a true "free market" companies that made disastrous financial decisions would simply cease to exist.

If we were truly a capitalist society Chrysler would not exist today, making cars that don't sell. It would have gone out of business decades ago. By passing the $1.5 billion "Chrysler Corporation Loan Guarantee Act of 1979," Congress allowed Chrysler to avoid bankruptcy, stay in business, and save jobs.

However one feels about the Chrysler bailout, it was not capitalism. But recent Wall Street financial fiascos may cause us to long for the return of the Chrysler K-car.

Congress is now on the verge of bailing out Fannie Mae and Freddie Mac, the government created but privately owned, profit-making housing finance companies responsible for nearly half of the U.S. mortgage market. Collectively, they own or guarantee an estimated $5 trillion of debt.

But Fannie and Freddie, even after their bookkeeping boo-boos in 2004, ignored warnings of their impending implosion. The $200 million spent in lobbying and campaign contributions, over the past decade, bought them enough influence to deflect critics who demanded more power government regulators to set capital requirements for the two mortgage giants. Now, Freddie/Fannie/Bear/(fill-in-the-blank-with-the-next-bailout-recipient) had to be bailed out because they're "too big to fail."

In the narrative that has governed American commercial life for the last quarter-century, saving companies from their own mistakes was not supposed to be part of the government's job description. Economic policymakers in the United States took swaggering pride in the cutthroat but lucrative form of capitalism that was supposedly indigenous to their frontier nation.

...There have been recent interventions in America, of course - the taxpayer-backed bailout of Chrysler in 1979, and the savings and loan rescue of 1989. But the first happened under Jimmy Carter, a year before Americans embraced Ronald Reagan and his passion for unfettered markets. And the second was under George H.W. Bush, who did not share that passion.

So it made for a strange spectacle last weekend as the current Bush administration, which does cast itself in the Reagan mold, hastily prepared a bailout package to offer the government-sponsored mortgage companies, Fannie Mae and Freddie Mac. The reasoning behind this rescue effort - like the reasoning behind the government-induced takeover of Bear Stearns by JPMorgan Chase just a month before - sounded no different from that offered in defense of many a bailout in Japan and Europe:

The mortgage giants were too big to be allowed to fail.

And they won't fail, no matter what it costs us.

Today, among strict adherents of laissez-faire economics, the offer to bail out Fannie and Freddie is already being criticized as a trip down the Japanese path of putting off immediate pain while loading up the costs further along.

For one thing, this argument goes, taxpayers - who now confront plunging house prices, a drop on Wall Street and soaring costs for food and fuel - will ultimately pay the costs. To finance a bailout, the government can either pull more money from citizens directly, or the Fed can print more money - a step that encourages further inflation.

"They are going to raise the cost of living for every American," said Peter Schiff, president of Euro Pacific Capital, a Connecticut-based brokerage house that focuses on international investments. "The government is debasing the value of our money. Freddie and Fannie need to fail. They are too big to save."

Well, maybe not. There are valid arguments for not allowing Freddie and Fannie to fail. They're the same arguments for now allowing Bear Stearns to fail. But accepting those arguments, as Dean Baker put it a few months ago, doesn't mean that no-strings-attached bailouts should be handed out.

While the Fed deserves some credit for preventing worse financial distress in the face of the collapsing housing bubble, government handouts for the very richest people in the country are difficult to justify. In other areas, we usually expect to see some quid pro quo, for example serious regulations on lending and perhaps some restrictions to accomplish social goals, like a cap on executive compensation ($1m a year should attract a much more competent crew). Thus far, the rich have only been on the receiving end. It remains to be seen whether this will stand.

He's only slightly more generous to Fannie's and Freddies CEOs.

Some people say that we had to hand tens of billions of dollars to the country's richest people to prevent a financial collapse. This is simply not true.

We had to keep Fannie and Freddie in business, but we could have done this by putting conditions on the bailout. The government uses conditions all the time when it offers help to low and moderate income people. Unemployment insurance, TANF, food stamps, and even student loans come with all sorts of conditions.

It is only when it comes to giving money to extremely rich people that we find it impossible to impose conditions. Again, we could have told Fannie and Freddie that no executives will get more than $2 million a year in total compensation. We could have told their shareholders that they are out of luck, because that is what is supposed to happen when you invest in a bankrupt company.

Instead, we told the people who work as truck drivers, school teachers, and fire fighters that they will have to pay more in taxes to help some of the richest people in the country escape the consequences of their own stupidity. While kicking the poor is always fun for politicians, neither the Bush administration nor Congress are prepared to tell the very rich that they are on their own.

Not when there's millions in lobbying dollars and campaign contributions in the air. (Not to mention invites to the big Fanny/Freddy fete at the Republican Convention.)

The Fannie/Freddie bailout is all but a done deal. Bush has dropped his opposition to the housing bill that's set to pass the House. He also dropped his opposition to a $3.9 billion emergency aid package to cities battling the blight of foreclosed properties. The price? Remember that $25-to-$100 billion Fannie/Freddie bailout?

The Bush administration and lawmakers in both parties teamed to negotiate the measure, which pairs Democrats' top priorities - federal help for homeowners facing foreclosure and $3.9 billion for devastated neighborhoods - with Republicans' goal of reining in mortgage giants Fannie Mae and Freddie Mac while reassuring financial markets of their stability.

Bush had objected to the neighborhood grants, which would be for buying and fixing up foreclosed properties, saying that they were aimed at helping bankers and lenders, not homeowners who are in trouble.

...The measure hands the Treasury Department the power to extend the government-sponsored mortgage companies an unlimited line of credit and buy an unspecified amount of their stock, if necessary, to prop up Fannie Mae and Freddie Mac, two companies chartered by Congress. The two companies back or own $5 trillion in U.S. mortgages - nearly half the nation's total.

(Nevermind that fixing up foreclosed properties might help homeowners whose trouble isn't that they got loans they didn't understand for houses they couldn't afford, etc., but the blight that's infecting their neighborhoods. That's a consequence of foreclosures that hurts even non-subprime homeowners.)

Now that that's out of the way, it's a good time to (finally) talk about accountability in the same breath as bailouts, especially since we're all now practically shareholders in both companies.

Last week, I was on the Peter B. Collins radio show to talk about the Fannie /Freddie bailout as the latest incarnation of what Robert Borosage called "Wall Street Socialism," when the host made the point that, basically, when a private corporation makes financial decisions so egregiously bad that it needs the public — that is, taxpayers like you and me — to bail them out, that public help should come with a few conditions, starting with the multi-million dollar salaries paid to CEOs who have driven their companies into the ground or at least failed to put on the brakes before the downhill ride started.

In other words, it's time — way past time — for some Wall Street welfare reform.

Crossposted from The Republic of T.



Display:
Jack Welch, in his tenure at GE, made a mess. The future was sacrificed to make the bottom line hit expectations every year; it was a bean counters' company.

Who in the world is Suzy?

by Joyful Alternative on Wed Jul 23rd, 2008 at 06:37:41 PM EST
These scumbags are incompetent morons.  19.8 million? 12.2 million?  They should be sued to for ALL PAY for the time that this scandal started building - I think 100 million back from each is about the right amount.
by dataguy on Wed Jul 23rd, 2008 at 06:45:11 PM EST
I'm not sure what you're advocating, Terrance. Legislate executive pay? That would be a bureaucratic nightmare and put the blame for failed corporations on the "nanny" government micromanaging our fine capitalist institutions.

The only real path I can see is a return to the pre-Reagan tax brackets, this time without the loopholes. You pay, say, 60% on income over a $million, 70% over $5 million, 80% over $10 million, etc. The result would be that either the insane compensation comes down or the government makes more money to redistribute to the more deserving. To me, anything else is just fiddling around the edges to no real purpose.

Bush is "the first President to admit to an impeachable offense." --Former Nixon counsel John Dean

by DaveW on Wed Jul 23rd, 2008 at 06:53:40 PM EST
I'm not sure what you're advocating, Terrance. Legislate executive pay? That would be a bureaucratic nightmare and put the blame for failed corporations on the "nanny" government micromanaging our fine capitalist institutions.

I'm advocating not that we legislate executive pay, but that some conditions ought to apply in cases where a companies decisions lead to an imminent collapse that threatens the entire financial system, to the degree that the government has to step in to aver disaster.

Quite simply, if you run your company into the ground due to greed and/nor incompetence, and you need the government to pull your chestnuts out of the fire, then it would be reasonable to limit CEO compensation in those cases.

Business that don't require government bailouts can hum happily along, or go under due to their own unwise decisions.

Terrance Heath
Washington, DC
www.republicoft.com

by TerranceDC on Thu Jul 24th, 2008 at 12:19:21 AM EST
[ Parent ]
In Japan, as I understand it, a top exec in a company can only make up to a certain multiple of the lowest paid person in the company. That makes sense to me, as a company's success depends on all the people who work there, not just the CEO.

So I'd start there. That way, a rising tide really would life all boats, because they'd be tethered together.

In addition, I too would suggest returning not just to the pre-Reagan tax brackets, but the pre-Kennedy ones.

The only time this country had a healthy, expanding middle class was when the government took from the rich and used that to make jobs for the poor. I want to see that happen again. The rich are supposed to do that themselves. Since they won't if they don't have to, we need to change the system.

"If you look for the social economic motive, you will not have to wait for history to tell you what was propaganda and what was truth." - George Seldes

by Real History Lisa (lpeaseRemoveThis@gte.net) on Thu Jul 24th, 2008 at 10:00:50 AM EST
[ Parent ]
What I can't figure out is...  What the hell are the Boards of Directors at these outfits thinking?  They control exective pay.
by eagleye on Wed Jul 23rd, 2008 at 07:26:01 PM EST
The Boards of Directors at these outfits are, no surprise, CEOs of other corporations.

For those of us who have worked in the private sphere, the way compensation generally works is that companies look at the national average for positions and - taking into account cost of living adjustments - set their base compensation for employees in various brackets accordingly.  So if you're a computer programmer for an in-house database, your compensation is roughly in line with the national average for database programmers.  If you're an HR manager, your compensation is roughly in line with the national average for HR managers.

Here's where it gets good.  If you're a CEO, your compensation is based on, no surprise, the national average of other CEO's compensation packages.  But you sit on the Board of a few other companies.  And when their CEOs come up for salary negotiations, or when a new CEO is hired, you have a strong incentive to "pad" his salary - to make sure that he's making substantially more than the previous CEO was making.  Not because this is what's best for the shareholders or the company as a whole, but because it's what's best for YOUR personal compensation.  Because when it comes time for you to re-negotiate your compensation or for you to move to another company, you can point to a higher "national average" for Fortune 500 CEOs.  And since it's a limited pool, every dollar extra helps.  Not every CEO will do this, of course, but you can probably count the CEOs who think of the health of a company over the health of their own pocketbook on one hand.

It's a nice racket.  And in a sane world, one that the shareholders would put a stop to toot sweet.  But they never do.  Not even the institutional shareholders, who are normally hawks on stuff like this.  My suspicion, from working for one of those "institutional shareholders" for a few years is that they don't make waves because THEIR top people have their compensations determined by the same kind of national averages.  And the folks on institutional boards are often not the best informed on financial issues (they're often teachers, government employees, and other folks who are supposed to be there to generally supervise for wasted money, and as long as everything is working the way it works for other institutional investors, no one makes the connection.  Or if they do, no one is able to rock the boat enough to get it to change.)

by nonynony on Wed Jul 23rd, 2008 at 09:42:55 PM EST
[ Parent ]
the Fannie and Freddie rescue is gonna take at least (one) $1trillion...so what's $100 billion?

we're only in the 2nd inning of a 9-inning mortgage market bailout ball game

Take the last quarter - foreclosures in California: 121,000 Notice of defaults and 63,000 foreclosures, Home Values Plummeting, on and on

like the guy said "in the upcoming months, gear up for a tsunami..."

Why do you think Hank Paulson told Bush to sign the housing bill and not to veto it?

Well, "You can't vote for war and disown the results"

by idredit on Wed Jul 23rd, 2008 at 08:23:10 PM EST
No corporate Chief Executive should be paid more than America's Chief Executive, the POTUS. Period.
by The Voice In The Wilderness on Fri Jul 25th, 2008 at 10:32:42 PM EST


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