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Yeah, I got it. You and I need to stop editing. :D |
haha but i'm such a stream-of-consciousness poster. feel like i'd be spamming the thread otherwise. course it'd be good for my post-count
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woohoo - just noticed i'm up to 15k posts and now i'm a head coach!
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that puts me in 18th place on the post-count list - just FYI. means my internet-penis is HUGE
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See, that's just a load of crap. The reports back and forth ratting out the politicians also illustrate another partisan state amongst each side. People seem to be more interested in saying "see, the other side does it" rather than saying "the other side does it, but I'd prefer if my representative did not" as I have prevoiusly advocated. Granted, some politicians pay that notion some lip service, but never actually follow through with their promise. Both sides of partisan supporters are in the wrong IMO. The longer you blame the other side for the ills of the nation, the longer it takes for politicians to straighten up and fly right. Partisan supporters lay cover fire that allows them to continue to screw the general public behind closed doors. |
How many times this week have we seen this phrase.....
"An AIG spokeswoman declined to comment." Where is this spokeswoman and how do I get her job? http://www.reuters.com/article/ousiv...52H11Y20090318 Quote:
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i'd prefer if my reps did not. i was just presenting the additional evidence for you. i wasn't about to go through and cull out the specific lines from the story in The Nation, figured it'd be more intellectually honest and less cherry-picking to post the whole thing. |
Here's another terribly annoying hindsight article. Rep. Wyden is saying that he had a stipulation in the bailout that would have kept this from happening without taxation, but it was stripped from the bill during negotiations........
Wyden: My Bill Could Have Prevented AIG Mess |
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gah!! damnit!!! question though - why tax those bonuses above the level at 35%? If you want to eliminate them why not tax them at say 85%? Then again if it's taxpayer money going to pay the bonuses does AIG really care? if the bonus is going to be taxed at 85% they'll just increase the amount of the bonus so the person gets the same amount after-taxes. |
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Responding to a specific post right after I read it, apologize if any of this is repeating (this thread grows fast). I mistook your statements, the larger problem is a very historical one... I just want to distance history from sympathy for individual firms. You can save economies without rewarding gross incompetence (or at the very least negligence) in overly greedy and foolish firms. Do we need corporate bankruptcy reform (they sure pushed in plenty of restrictions on the rest of us recently), certainly. Do we need to learn a half dozen lessons that Lehman makes a great example of, of course. But to say letting Lehman collapse is a failure in my opinion is wrong, it is a critical force in capitalism that bad decisions lead to failure. The cost of sustaining a bad company is always more expensive then allowing new entrants or other players divvy up the market share. Now on to a few specifics: - Information access and paying attention to it are my big themes, I'm all for an information revolution, especially in PUBLIC companies (sorry I like capitals). Give a bunch of software dudes like me jobs, and investor dudes like me critical info for making decisions. Its a double bonus for me! - Barclay's was a sweetheart deal involving slimy executives scratching each others back for individual profit. Its nice to get a huge chunk of assets for a few million dollars direct to one slimeball executive, yay fuedalism economy! I personally think people should be in jail for that one. - Your three major themes of reform, I agree with wholeheartedly. - credit default swaps scare the bejeesus out of me. They are not being created properly to perform their hedging purposes, I think the whole process should be marketized and put out in broad daylight, its so backroom and easy to exploit. - In general (not on your post) I think we need a reform of the entire stock system from bottom up. Start at insuring that shares are air-tight being transferred as needed and accounted for at all times so that any time you say "I am buying physical shares" you get physical shares. We need to cut out anything that allows crap like phantom shares to get into the system. Also there needs to be an info stream on how companies financial divisions are loaded. Even a simple high-level, ya we have X% in derivatives with total loss exposure at Y billions... something to serve as a giant red flag that if all shit hits the fan this company is flat out broke. Of course most companies would have a Y at several times their net worth based on how loss exposure is calculated... so it could be a mess. Anyhoo, I'm for orderly destruction of firms, I don't think you just pull the rug out and expect capitalism to place everything neatly out the other side. But I am for the destruction of firms that misbehave, there is no reason not to give an opportunity for hungry small companies to get into the brokerage business falling nice conservative strategies.... especially if these big companies keep drifting into the exotic profit seeking that we have been seeing. Big is not always better, economies of scale applies to assembly lines and bulk negotations, not to pools of electronic magic money. |
I get nervous of the use of taxes or ex post facto laws... I think there is plenty of guilt on existing laws in the books that they can go after some of the worst of this crowd, but unfortunately at some point we are going to have to let some of the jerks get away and pass laws so it does not happen again. I'd rather we get serious about enforcing law, and following the rule of law the way it was meant to... then going all postal and trying to find tricks after crap hits the fan.
We don't need reactionary law-makers, we need constant vigilance! (helps against dark wizards too) That may mean that some things were not illegal at the time and a bunch of people that did slimy stuff, are indeed innocent. That said, if there is a sliver of a fraud case I'd say go after it full-steam and beat the poo out of any that can be beaten. Also I would mention that the government doesn't need to fund anything, at this very moment they can say "you know what, fuck you AIG, not one more dollar"... the company would collapse overnight. I think they need to threaten how they are going to exercise their funding power and that supposed 80% stake in the business (I'd say the government should actually go in and use the corporate system to vote in reforms, a novel precedent might result and we could see it ripple across other companies with fed up shareholders). |
major moves into the credit markets by the Fed today. should see mortgages shoot downwards towards 4% this week and maybe stay there for a while. With the incentives for first time homebuyers we could see housing be through all this crap by Q1 of '10.
That being said I still see a retest of the lows within the next month in equities. I'd love to go buy a new (used) car right now. |
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Is there legal precedent for this? Has the government ever done anything like that before? Seems odd that ex post facto laws are prohibited, but ex post facto taxes are perfectly fine and acceptable. Quote:
Quick intro to American politics: Most politicians do not care what the Constitution says, and some probably really don't know what it says either. :) |
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Good post segment right here, pretty easy to miss with the 1am timestamp though. Damned if I see all the handwringing over these "bonuses" as much of anything other than jealousy. I've opposed virtually all of the various bailout packages & components from the get-go but if you're going to do them then this seems as valid as anything else that's being done with the money. |
Government: "How dare you pay out those bonuses with taxpayer money after we gave you the money without making sure that you didn't have such pre-existing obligations nor did we condition the acceptance of the money on your not paying such bonuses!"
Me: "sigh." And all of these post-hoc ways of trying to invalidate these contracts sucks. They are shitty contracts. OK. So what? The rule of law honors shitty contracts, too. Don't buy AIG in the first place if you don't like the pre-existing obligations it has on its books. If the default is now that America is a nation of laws unless and until it hits a crisis (9/11, financial meltdown, etc.), then we might as well just admit that we are no longer respect the rule of law's primacy. |
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An example of this in the past was the oil windfall profit tax passed back during the Carter/Reagan years. |
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Calder v. Bull is the seminal case that defines ex post facto as pertaining only to criminal punishments. Where this case might possibly apply is with the Bill of Attainder clause, which prohibits singling someone out for a punishment. Therefore, if Congress passed a law only taxing AIG bonuses, then that very would could be struck down. There are exceptions though, such as a case vs. Richard Nixon when Congress passed a law directing himn to preserve evidence. The Supreme Court allowed that one to stand. |
Gotcha. Danke cartman and larry.
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looks like I was right about the market in the short term based on the plethora of good news coming in although I didnt expect the Fed's bomb dropping today so it would seem that I pulled out of GE at a smaller profit than I couldve but on my other holdings they should go up to hopefully make up some of the losses (again in the short term) that Ive suffered along with everyone else over the last 2 years.
I still think we come back down from an eventual bear market bounce ceiling but it sure feels good for now. I'll wait to continue my purchases on the eventual pull back I see. One thing people aren't paying attention to is this: The FED dropping the bomb today was not a GIFT, they did it because they see internals that do not look good so on one hand it may feel good that theyre helping us move the truck out of the rut but they are admitting that the rut may actually be a monstrous ditch. |
Has anyone heard any AIG-style rage about the Fannie bonuses?
Fannie plans bonuses of up to $611K for 4 execs - Yahoo! Finance |
I'm expecting all sorts of random movement around the first quarter reports, but I still think on a long term horizon some sectors are due for a lift. I might prepare some looting on companies I know will have bad first quarter numbers, but a lot of my movement has been locking up various longs (or preparing to load up long after the reports do their damage). Likely thing to happen is my short term shorts will end up funding a whole bunch of long buys, my hope is an overall up in the second quarter in my chosen areas.
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i think that there is more upside risk surprise on the first qtr reports than downside. Underperforming is the new norm so a big beat (like Oracle tonight) will see big ups.
Again, I do see retests of the lows over the next few months. Ill look to load up some more at some point just to help the averaging out since at some point over the past 8 months I said screw it to averaging in when I kept getting killed so while I am averaged in Im not averaged in as well as possible because I just was so confused by the oversold conditions (i mean at some point oversold is the new norm too :) ) |
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I agree with this - a lot of companies imho have been unfairly hammered by the panic and will now spend time steadily recovering as people realise that the sky might not actually have fallen and indeed the current situation might lead to advantages for some companies. For instance Microsoft (MSFT) have dropped around 50% during the crash - but are still hugely profitable and cash heavy so able to make acquisitions nice and cheaply at present (Yahoo for instance?). I think a lot of the doom and gloom has been hugely overdone for companies which are largely debt free, time will tell if I'm right or not ... |
hence almost 100% of the reason why I hid cash in Goog and Cisco
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Looks like I got my answer to this question about who would make the mistake of removing bonus limitations from the bill. It was Christopher Dodd. Dodd: Administration pushed for language protecting bonuses - CNN.com |
I saw that last night. Someone has some explaining to do
SI |
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Not really Dodd's problem as far as I'm concerned. If his story is correct he agreed to change the amendment at the behest of the White House. IMO the White House is where the 'splaining needs to happen. |
Well, it sounds like the administration did that because they felt it wouldn't hold up in court, because it would be cancelling a provision of a prior contract. Sounds like that would be just as unfair as the retroactrive taxation that people have opposed. It sounds like bonuses are forbidden moving forward, though.
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dola
Did the author do this on purpose? Heh. Quote:
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Dodd could have said no. Instead, he changed the bill. I have a big problem with the idea that we need to cater to the company we're bailing out in that case. If AIG or any other company says they don't want that stipulation with the bailout money, we should pick up the money, turn around, and walk away. They'll come back a few weeks later when they have no other alternatives. How many times have we been told that there are tight restrictions on how this money is to be used? It's nothing but lip service thus far. |
Sure, but it's very different to do it on his own and do it on the behest of the WH. As far as the WH jst wanting to avoid legal issues, then come out and say what happened instead of grandstanding. If this came from the WH, don't hide behind an outrage that maybe could have done some good if applied earlier.
IMO, Dodd's getting hung out to dry by the WH. |
unless of course the WH counsel tells everyone involved that this would cost 3 times as much to defend in court...HOWEVER
It's basically FREE if you can create an outrage that, due to public crying, gets the company's bonus recipients to return the money on their own. Just saying, sometimes popularism is just stupid ignorance. |
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I agree. And I'm certainly not naive in regards to the goodwill that Dodd loses by going against the President. With that said, the right thing to do would have been to stick to the original restrictions. |
I don't think it's so much the goodwill Dodd loses as the problems it may cause Obama down the line. Senators have enormous power to singlehandedly slow or change legislation. Fucking a guy with that much seniority may cost them later.
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Again, it doesn't sound like the original restrictions are legal. It sounds great from a populist perspective, but if people signed contracts that entitle them to x dollars, I'm not sure that AIG or anyone else could really agree to violate that contract. In retrospect, it sounds like forbidding bonuses moving forward and taxing previous bonuses actually is the best way to go. |
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There's no court case if you hold to that restriction. You put in the bailout bill wording that AIG is agreeing to these restrictions if they accept the bailout money. If they choose not to accept it at that point, no big deal. They're the ones that have to figure out how to make it work without the bailout money. I think the idea that these people should return the bonus money is equally ridiculous. These people were idiots for giving the bonuses, but creating a culture of shame to get them to fix what the execs f'd up in the first place is just as stupid. |
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That's normally true, but we're not dealing with a normal situation here. As Andrew Cuomo correctly stated, without the bailout money, AIG goes bankrupt and the bonuses are likely gone regardless of what their contract states. That's one of the first things that would be negotiated out as part of the bankruptcy proceedings. |
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It's not AIG that would be suing. It's the AIG executives who have a signed contract guaranteeing them that money. AIG can't come in and say, we'll violate the law if you give us bailout money. |
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And again this is where we might as well just stop the back and forth because not letting them fail saved OUR asses. Most of the people their probably wouldve found work elsewhere because as stupid as the outcome of the derivative play is, the ramifications of the world's financial intertwinings wouldve been cataclysmic, but execs on wall street see the creators of the derivatives as making a LOT of $ for a long long time. You, and others, are willing to see what it looks like when billions of dollars in counterparty collateral disappears overnight (and has to be written down massively)....I am not. Quote:
but it works, for the most part, gets to the goalline, and is free. I'll put my pride and ideology aside to get to the best results for the country as a whole. And what Larry said. |
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When presented with the option of no job and no bonus due to bankruptcy or a job with no bonus, I think they'd take the job. As you correctly stated, there would have to be a sign-off at multiple levels of AIG to do that. |
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You oversimplify and underestimate the greed of these people. |
wrong. they would most get work....they created a ton of wealth for a lot of people who see them as valuable. Sure it imploded now, but for a long long time, a lot of people who have avoided this destruction see them as assets. What Mike said....they would likely get their money because the Gov't couldnt let AIG fail...the optioni wasn't really on the table as much as you would like it to be.
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But I don't totally disagree with you. I agree that there might be due cause to save them. I just don't agree that we should jump right in without weighing our options. From what we've seen thus far, the bailout seems to be favoring AIG by a pretty wide margin. Someone needs to look out for the taxpayers, which was not done in this case despite assurances when the bailout was passed that restrictions were in place to keep this exact scenario from happening. |
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Which is the reason that the bailout in its current form should have never been passed. If they aren't trustworthy, you have to find a better bill to CYA and keep those people from misusing the money. |
oh wow, we definitely disagree...
by ALL of the counterparties getting their trades paid off allows liquidity to flow to you and I. The taxpayer will likely see some if not most of their money back in the next 4 years when the AIG assets are sold off in an economic environment that commands a better price than a bankruptcy firesale today. your last post, right above this one is you blending two different events together. They are seperate: TARP was rushed through IMO it was successful til Paulson Torpedoed it but luckily we were through the ditch Saving AIG (after learning from Lehman) was the only option so negotiating former contracts under the guise of, "We'll let you fail." is bunk. |
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And those who fell for that are so incredibly damned stupid that I'm not sure why anybody wanted to keep them around anyway. I have to say these folks who "volunteered" quite possibly are the dumbest bastards I've heard of since ... hell, I don't know when I've heard anything I thought was dumber. Equally dumb perhaps, but not dumber. |
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For me, that's one hell of a leap of faith you're taking (and with other peoples money to boot). |
I have absolutely no doubts about it.
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So that makes one of us. |
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