Wall Street's favorite regulator pushed AIG to hide sweetheart deal
Jan. 7 (Bloomberg) — The Federal Reserve Bank of New York, then led by Timothy Geithner, told American International Group Inc. to withhold details from the public about the bailed-out insurer’s payments to banks during the depths of the financial crisis, e-mails between the company and its regulator show. AIG said in a draft of a regulatory filing that the insurer paid banks, which included Goldman Sachs Group Inc. and Societe Generale SA, 100 cents on the dollar for credit-default swaps they bought from the firm. The New York Fed crossed out the reference, according to the e-mails, and AIG excluded the language when the filing was made public on Dec. 24, 2008. The e-mails were obtained by Representative Darrell Issa, ranking member of the House Oversight and Government Reform Committee.
The New York Fed took over negotiations between AIG and the banks in November 2008 as losses on the swaps, which were contracts tied to subprime home loans, threatened to swamp the insurer weeks after its taxpayer-funded rescue. The regulator decided that Goldman Sachs and more than a dozen banks would be fully repaid for $62.1 billion of the swaps, prompting lawmakers to call the AIG rescue a “backdoor bailout” of financial firms.
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Issa requested the e-mails from AIG Chief Executive Officer Robert Benmosche in October after Bloomberg News reported that the New York Fed ordered the crippled insurer not to negotiate for discounts in settling the swaps. The decision to pay the banks in full may have cost AIG, and thus taxpayers, at least $13 billion, based on the discount the insurer was seeking. The e-mail exchanges between AIG and the New York Fed over the insurer’s disclosure of the transactions show that the regulator pressed the company to keep details out of the public eye. Read more here.
And this from HuffPo…
“It appears that the New York Fed deliberately pressured AIG to restrict and delay the disclosure of important information to the SEC,” Issa said in a statement. “The American taxpayers, who own approximately 80% of AIG, deserve full and complete disclosure under our nation’s securities laws, not the withholding of politically inconvenient information. “This news ought to serve as a cautionary tale to those who advocate giving the Federal Reserve even more power over the U.S. economy. The lack of transparency and accountability is disturbing enough, but the outstanding question that remains is why the [New York Fed] didn’t fight for a better deal for the American taxpayer. Clearly, the New York Fed wanted to suppress details and limit disclosure of the counterparty deal from the American people — the only question is why?”
Read the actual e-mails on Scribd here.
In a March 12, 2009, e-mail, Kathleen Shannon, an AIG in-house lawyer and senior vice president, told AIG executives that the firm needed to come up with a reason, per the New York Fed, for why it wasn’t going to publicly disclose details regarding payments to counterparties.
“In order to make only the disclosure that the Fed wants us to make…we need to have a reasonable basis for believing and arguing to the SEC that the information we are seeking to protect is not already publicly available,” Shannon wrote in an e-mail sent at 10:55 p.m. on March 12. Around noon the next day, a New York Fed official, Alex Latorre, e-mailed a colleague, Sarah Dahlgren, writing: “…I understand that the company is still deliberating on the proposal surrounding the disclosure. It is important that they reach consensus quickly.”
The power of the Fed in forcing AIG to keep these details secret cannot be understated. As detailed in journalist Andrew Ross Sorkin’s recent book on the bailout, “Too Big To Fail“, AIG officials had been pleading with the New York Fed for assistance throughout the crucial first weeks of September 2008 before the firm was finally given a taxpayer-funded bailout. The firm’s pleadings were largely ignored by Geithner, who was preoccupied with Lehman Brothers and other Wall Street broker-dealers like Merrill Lynch, Morgan Stanley and Goldman Sachs. The firm owes the Fed its survival. Wall Street firms like Goldman Sachs, Merrill Lynch and Wachovia got full value for their derivatives contracts with AIG, and taxpayers got stuck with the bill. In total, $27.1 billion of public money was transferred to companies that did business with AIG. It was largely seen as a “backdoor bailout” for firms like Goldman.
Instead of bargaining with AIG’s numerous counterparties to resolve its billions of dollars in souring derivatives contracts, Geithner’s team ended up having AIG pay top dollar for toxic assets — “an amount far above their market value at the time,” the November report noted. It described how the team led by Geithner failed nearly every step of the way.
Read more from HuffPo here.
