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Merrill Lynch Bonus Payments Dwarf A.I.G.

by: Matt Renner, t r u t h o u t | Report

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A cable car passes above a Merrill Lynch office building in Singapore. Bonuses at Merrill Lynch were greater than at A.I.G.(Photo: Reuters Pictures)

    Washington, DC - The political firestorm over the $165 million bonuses to executives at the failed American International Group (A.I.G.) that ripped through Washington, DC, in mid-March could be reignited by further attention on failing financial companies who were given taxpayer dollars then turned around and spent the cash on bonuses.

    Anger over the bonuses at A.I.G. blew back onto members of the Obama administration as it was revealed that Treasury Secretary Tim Geithner and others had been aware of the bonus payments but failed to halt them and did not express "outrage," until the bonus checks were already cashed. Further revelations of backroom dealings and million-dollar bonuses threaten to make any kind of assistance to financial institutions politically impossible for Congress.

    A larger and potentially far more explosive powder keg of bonus payments - this time to top executives at now defunct Merrill Lynch & Co. Inc. - may be about to blow.

    Ongoing investigations at the New York attorney general's office and at the office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) into this previously revealed, but mostly ignored, story may add new details about who in the Bush administration, in the financial sector and at the Federal Reserve knew about these much larger bonuses and the suspicious circumstances surrounding them.

    In its last days as an independent company, Merrill gave performance-based bonuses exclusively to employees earning $300,000 a year or more and holding a rank of vice president or higher, according to their financial statements. $3.62 billion was handed out to these executives - a sum equal to 36.2 percent of the $10 billion in taxpayer funds that were allocated to Merrill as part of the Troubled Asset Relief Program (TARP) before the bonuses were paid.

    The company had been failing as a result of misadventures in the now infamous mortgaged-backed securities market which began crumbling with the decline of home values as the bubble burst.

    The performance bonuses were determined by Merrill's compensation committee on December 8, 2008, before Merrill revealed that it lost $15 billion in the final three months of 2008, unusual timing according to court documents filed by New York Attorney General Andrew Cuomo in an ongoing suit against Merrill's former CEO.

    In prior years, Merrill paid performance bonuses of this type after the end of the year, in January or February of the next year.

    Congressman Dennis Kucinich (D-Ohio), the chairman of the House Domestic Policy Subcommittee under the Oversight and Government Reform Committee, signaled interest in investigating the bonus payments in a letter to Federal Reserve Chairman Ben Bernanke and Neel Kashkari, an interim Bush hold-over at the Treasury Department, who has been in charge of the TARP program since the beginning.

    The letter states that Merrill was not in "a sustainable financial position to award such bonuses without the considerable amount of US taxpayer funds ... TARP funds therefore could have had a decisive effect in funding the bonuses ..."

    The letter pointed out that the bonuses at Merrill "were not locked in by preexisting contract and were performance bonuses, as opposed to retention bonuses."

    During the A.I.G. bonus scandal, it was pointed out that the A.I.G. bonuses were locked in by contract and were thus more difficult to revoke. The A.I.G. bonuses were also structured as "retention bonuses," or money to keep people who were essential to the company's wind-down operation. While A.I.G.'s excuses fell short for critics, Merrill doesn't even seem to be able to make the same argument.

    Kucinich requested "all documents" relating to communications between the Federal Reserve, Treasury department and Bank of America. Bank of America bought what was left of Merrill after a shotgun marriage was arranged by Bernanke and then Treasury Chairman Henry Paulson. Bank of America CEO Ken Lewis also received a letter of inquiry from Kucinich.

    The questionable timing and the amounts of these bonuses were not revealed to Bank of America shareholders when they voted to acquire Merrill. These facts raise questions about what government officials knew about the bonuses and when they knew it, according to Kucinich's letter.

    "If ordinary [Bank of America] shareholders were ignorant of the details of the Merrill bonus arrangement, was the US government as well?" the letter asked, after pointing out that the US government owned 800,000 shares of preferred stock in Bank of America and federal officials met with both banks on a regular basis.

    The letter said that Paulson and Bernanke met with Lewis in mid December 2008 on several occasions to keep Bank of America on board in the deal to buy Merrill. Bank of America subsequently received an additional $20 billion (for a total of $45 billion) in government funds and a $118 billion guarantee against potential losses in risky investments - a huge pillar of support from the government.

    It is yet to be established by any investigation whether executives at Merrill and Bank of America looted while the company crumbled at the expense of taxpayers and shareholders.

    The SIGTARP will release a "full audit" of the over $300 billion in TARP money that has been given to banks and other companies and where that money was then spent, according to a spokesperson for the office. The report will be released publicly in late spring or early summer.

    However - in all likelihood - the audit will not be released before the Obama administration's new bank rescue plan goes into effect. The plan, rolled out last week, would use billions more taxpayer dollars to back private capital from the financial sector and buy risky mortgages from the drowning banks.

    Kucinich's letter reflects the political difficulty the Obama administration faces in the wake of the A.I.G. bonus debacle and the popular mistrust of Wall Street: "The answers the subcommittee seeks will be of interest to the American public, who are rightly concerned about how recipient firms have used TARP monies, and how well the Federal Government has monitored the use of those funds and safeguarded them from waste and abuse."

  

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Matt Renner is the Director of Development at Truthout. He can be reached at Matt@truthout.org.

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It is hard to imagine more

It is hard to imagine more stupidity than the American people who think that these banksters are going to be ethical with the money that is given to them without supervision and oversight! America has been ruined by the wall street crooks!

I just can't believe that

I just can't believe that money is flowing directly from the pockets of the poor to the rich by way of taxes.

The more I read the more I

The more I read the more I think we need a genuine physical revolution. These banksters will never get the point as long as politicians keep giving them money--and vice versa. We need mobs of people breaking down the doors of Merrill Lynch and AIG and Citibank for them to understand things have to change. Otherwise this country is doomed and we all will end up as serfs.

Don't underestimate the role

Don't underestimate the role of the media in this issue--they are not so much biased left/right as have/have not, and they have been working overtime to convince poorly educated, gullible Americans that the largest banks need trillions while workers like the UAW deserve to starve.

In a perfect world, these

In a perfect world, these billions would have gone to those without jobs and in danger of losing their homes. But this is far from being a perfect world - it's a world in which the power elite support and protect each other in what amounts to nothing more than a huge pyramid scam. Why does this happen and why do we allow it to? For the same reason that ordinary citizens are imprisoned for non-serious crimes while the government kills and tortures without fear of accountability: "democracy" is a joke and the joke is on us. When you pay your taxes this year, rest assured your hard-earned money is going straight to the top, and that's where it's going to stay. This game has been going on for centuries and it's not likely to change anytime too soon - doesn't matter whether it's in the name of a king or an idle concept called "democracy", it's all the same. And what happens if you claim your moral freedom and refuse to pay taxes in support of the Beast? Then you are declared a criminal. What an utterly contemptible group of individuals we've "elected" to run the show. And what a powerless lot are we who forget that the elected officials are our employees and, in so doing, continue to allow this scam to go on.

It's funny how those who cry

It's funny how those who cry Socialism are OK with the 'redistribution' of wealth when the money flows from the bottom to the top but, not the other way around. This was warned about long ago, when the Congress lifted all regulations from our financial system. What else can you expect but this outcome?

I don't care if the

I don't care if the banksters don't like it, but this rip off of more taxpayer billions demonstrates that Geithner, Kashkari et al are driving the bailouts (note plural) in the wrong direction. Maybe they're gangsters, too, like their clients, maybe they're honest and motivated by what they think is best, but this beginning to what will be a series of revelations show that the whole financial industry must be completely overhauled. I'm more in sympathy with France and Germany that what is needed is stringent regulation at both national and international levels, but there should also be wholesale restructuring. I'm hoping that Obama-Geithner's proposal to Congress to provide wide-ranging powers to the government to accomplish this restructuring is actually followed by precisely that. The big banks must be broken up, and their larcenous leaders must be sacked. I hope indictments are also handed down. Brokerages, investment houses, independent funds--all of them--should be broken up into entities that are large enough to stand on their own, but small enough to fail without a ripple. Then an actual market could again operate, not this private profit--socialized loss system we have now. Here is where Obama could turn to honest conservatives for help: the financial system must be returned to a free market system, which is only possible with stringent regulation and liberal use of powers to restructure, or break up non-functioning or insolvent firms. In connection with restructuring, the cash for trash toxic asset program outlined by Geithner should be scrapped. The banks should eat those losses, and if that makes them insolvent, then they should be taken over, lock stock and empty bank vault, by the FDIC, or some other entity. Yes, that would stop the credit market cold--until those entities are taken over, which is why the newly empowered government (given passage through Congress of the new powers requested) should move very quickly in the takeovers, reminiscent, perhaps, of FDR's Bank Holiday. Incidentally, Geithner et al might sell the new powers proposal more effectively if he pointed out that by using them he'd be able to avoid spending the trillion dollars he's committed to toxic assets. Blue Dog Dems should like that, and so might some "fiscal conservative" Republicans.

It's quite astonishing that

It's quite astonishing that after dishing out these bonuses Mr.Geithner, with perfect timing, joins in the chorus of public outrage. This is all clearly calculated and orchestrated - and is nothing less than an Academy Award winning performance from Mr. Geithner and his consorts in the media. In their secret meetings, here is what Mr. Geithner must have said to ML and AIG regarding their government-backed bonuses: "Well, Gentleman, you are being paid off as we agreed, in exchange for continuing to cook the books on Wall Street and fool the world. We need to dangle the stock market as long as necessary - and we thank you for keeping the public dangling in fear. I so much appreciate your giving the public such a simulation of an "approaching depression,"rocking the stock market. You guys, I mean we guys, are the cream of the crop! So, you also must know that I must pretend to be outraged in front of the media once it hits the fan. Don't worry, we've got the media with us and, though things might get rough, we'll all come through this unscathed. By the way, we need to celebrate in the Bahamas sometime soon. I'm ready for a real drunken rampage on the public tax dollar."

Geithner has GOT to GO. How

Geithner has GOT to GO. How did he make it to the top of Obama's list? This whole thing stinks.

Corporations can have their

Corporations can have their charters pulled and be dissolved. It's a simple solution to the problems they are causing for natural persons all over the world.

YES WE CAN - apparently keep

YES WE CAN - apparently keep the same crooks in office, the fox guarding the hen-house. YES WE CAN - not withdraw immediately from Iraq which will make NO difference since civil war in the region is unavoidable YES WE CAN - send more troops to Afghanistan and get into a further quagmire funded by tax-payer money and American lives. YES WE CAN continue the status quo it seems. I voted for CHANGE and OBAMA but the honeymoon is over - what dido we really get? A wolf in sheep-s clothing? My disappointment is great - if Bush could start a war why can't Obama retrieve the funds given out to those who so NOT deserve them? By executive order because the American public will back that 100 % and why should those who show poor judgment and performance be entitled to a reward instead of allowing them to fail? Any private business would fail and people are falling through the cracks every day - they seem to be "allowed" to fail. If he is unable to do so all the above will brake his back for sure.............

Is it just me or do other

Is it just me or do other people think there is a clear movement to BREAK the US dollar? If they keep printing trillions what will it be worth? NOTHING. Then what? The Amero?

Publish a list of names of

Publish a list of names of those at Merrill that received the fraud proceeds. Freeze their assets. Claw back the bonuses. These people are financial economic terrorists. If these thieves object, send'm to a Navy Brig. Then send'm to Gitmo. These people represent a bigger threat to the USA than drug dealers, North Korea, and Al Queda combined.

These bailout blunders are

These bailout blunders are as big of a mess as the IRAQ war and as blatantly WRONG as Bush staying on vacation during Katrina. How much more is the American People willing to take before we GROW A SPINE and protest? Change? Right, same stuff, sprayed with a little pine scent.

Can we just let all these

Can we just let all these companies go bankrupt already? They used to say don't trust anyone over 30 - now the saying should be, don't trust anyone making over $250,000 a year.

serfdom was instituted by a

serfdom was instituted by a Roman general. Serfdom lasted 1,000 years to be replaced by something worse. The serfs were kicked off the land to which they were chattel and the space given over to more lucrative sheep for the wool industry. The point? Protest and survive!

We are witnessing the

We are witnessing the looting of the Treasury by Wall St. players-turned-Washington-insiders. Geithner really ought to try a career in movies, WHAT AN ACTOR! So much better than Paulson. Paulson couldn't help but wear a sheepish smirk on his face every time he faced the public, but not Geithner. His "outrage" seems real authentic. And it's even rubbing off on Obama (but he means well).

Anyone that was on the

Anyone that was on the giving end of bonuses should be held accountable and go to jail. Knowing that they defrauded the American people in their banking scams, then took the taxpayers money to shell out to the rich for bonuses, is criminal. Those that received bonuses in these corporations should be told to give it back, period. If they don't, they go to jail. And, I don't mean the place with the golf course on the water. Whose side are these politicians on anyway?? Anyone in Congress who benefitted from these banksters, it is now time to cough it up too.

Lynch Merrill.

Lynch Merrill.

It's fraud, pure and simple.

It's fraud, pure and simple. Those who authorized the bonuses should face criminal charges. And those that received them should return them. Congress, get your act together!!

The financial

The financial "restructuring" would be much different if Dean Baker, Paul Krugman, or Joe Stiglitz (and I don't mean that these are the only good choices, just some of the more obvious ones) had been selected by the Obama admin to oversee wallstreet. BO has been better than I thought he would be but he is a fiscal conservative and the US electorate will have to hold his feet to the fire to get any REAL banking reform. As a nation we need to end corporatocracy and the stranglehold of the banks on the economy. This is (supposedly) a democracy, which means "The People" are in charge. Okay, show up and be counted!

The successful strategy

The successful strategy pursued by people who succeed, get rich, etc. is "maintain the rage". Start out as you mean to finish. Don't let "outrage fatigue" be the winning strategy for these crooks. It's gonna be a tough, long slog trawling through kickback after kickback but letting them off the hook is NOT an option.

OK, don't make them give

OK, don't make them give back any money. Just include all of them in a list of amonts received, names, addresses, and phone numbers, and publish said list(s) in every Post Office in the country, under the label THEY GOT YOUR STIMULUS MONEY.

On Bush's watch is when the

On Bush's watch is when the ML bonuses happened. It is also egregious that members of Congress and the media didn't complain AT THE TIME (DEC, 2008).

They should have to travel

They should have to travel to every school and college and explain to Americans how they pulled it off.

I hope people NOW understand

I hope people NOW understand why the Fed discontinued the M3 and why that was such a big deal to some of us. Just like 9/11, Katrina, torture, the quagmire in Iraq, etc... the Federal Government and their media whores try to pretend that there were no warning signs. Yet some of us have been speaking out for years. We are still told to put on our tin-foil hats... sigh. If you haven't been paying attention, know this now. YOU are totally PWNED and your hero, Obama, is totally OWNED.

After World War II, people

After World War II, people were tried for their crimes and subsequently punished. It was as if someone said, "We need to show the world that doing wrong, or ignoring that it is being done, results in commensurate consequence." The stage has been set for these people (bankers, legislators, regulators and lobbyists alike) to be held accountable. Will it ever happen? Or, will there be a VERY FEW sacrificial lambs to appease public outrage? 'Let loose the hounds' and make a global statement of integrity rather than letting it slip away.