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How Big a Pay Reform Wave?

On Friday, detailed compensation plans for the top 25 earners at seven companies — American International Group, Bank of America, Citigroup, Chrysler, Chrysler Financial, General Motors and GMAC — were delivered to the offices of Kenneth Feinberg, the Obama administration’s bailout bonus czar. Why? Because these companies received substantial government funds, and Mr. Feinberg has been tasked with deciding, within 60 days, how pay should be distributed to the firms’ highest-paid employees.

And while he is only ruling on these seven companies, his determination is binding and will no doubt cause ripple across the financial world.

So the question now becomes, how big of a wave is this administration willing to make?

Robert Reich, for one, does not have high hopes of being impressed. And finds it a troubling indicator of other reform measures for both Wall Street and health care by the Obama administration. There are “Grim early Indications for Wall Street reform: The banks want to stay huge and indulgent, and the administration may not be willing or able to stare them down.”

Second only to healthcare reform as a test of Obama’s toughness and resolve is reform of Wall Street. And like the healthcare industry, Wall Street has platoons of lobbyists and an almost unlimited war chest to protect its interests and prevent change. So what can we learn by what’s going on now, regarding pay for the top brass at big “too big to fail” banks?

…Tragically, Treasury has already given in on this one.

Somehow, I thinking Main Street might find stronger adjective to express their disappointment/anger/frustration then does Mr. Reich.

But beyond the lack of emotion he gives sound reasoning for why these pay decisions are wrong. And also why they really matter for both their political and financial ramifications.

… In judging whether a proposed pay package is appropriate, Treasury has decided to be guided by “comparable” pay packages in the industry. This means Ken Feinberg, appointed as special master to decide on a case-by-case basis, will be the flak-catcher. …

“Comparable” pay is a ridiculous standard to begin with, and the argument that $10 million, or even $7 million, is necessary to keep talent is absurd on its face. …Wall Street has exhibited a truly astonishing lack of talent. … Without these [taxpayer] bailouts, there’d be no “talent” because there’d be no Goldman, no Citi, no Street.

…The whole system of “comparable” pay is propped up by a zero-sum self-perpetuating competition in which the price of so-called “talent” is determined by how much every other bank is willing to pay for “talent.” If every bank decided to pay $1 million, that would be the “comparable” price of talent on the Street. I mean, it’s not as if this economy has so many other $1 million-a-year positions begging for Wall Street executives and traders.

Personally, I think the taxpayers should vote on pay since we were forced into becoming shareholders. And I’m thinking the taxpayers might find $1 million far too expensive.

And then there is moral hazard of pay for the “too big to fail.” Which only reinforces the non-reforming reform strategy of this administration. One would think that eliminating “too big to fail” would have been the first reform. But back to Reich:

The fact that these big banks have been judged “too big to fail” means their top executives and traders know they can take even bigger risks now, because we taxpayers will bail them out. So inevitably part of their firm’s earnings, based on such risk-taking, now come as a result of this public insurance policy. When risks pay off, as many are doing now that the stock market is showing signs of life, they reap large rewards. When the risks turn really bad, you and I and other taxpayers will pick up the pieces.

The insurance these “too big to fail” banks are receiving makes them more like public utilities than private firms. As such, not only is it entirely appropriate for government to review their pay but also to make sure pay is kept within strict bounds … earning just about what the top brass of any public utility earns (which, when I last looked, ranged from $100,000 to $600,000).

The big banks have a choice, of course. They could opt out of the “too big to fail” system. They could break themselves apart (or invite antitrust agencies to do the breaking for them) so they were no longer too big to fail and won’t be bailed out the next time they make hugely stupid mistakes. Then they could award their executives and traders as much money as they wanted and as the market would bear — because then they’d be part of the free market instead of wards of the state.

I thinking Main Street is learning that “free market” is an oxymoron for taxpayers. Nothing is “free”. It’s only a matter of who is pays. And we the people are paying, and paying, and paying.

As usual, Dylan Ratigan and his Morning Meeting group have some interesting things to say about Wall Street compensation.

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  • tzada

    Very well put together article. It seems that the current administration is set to take down all free commerce. Who died and made them hall monitor?

    Democratic investigators target health insurers

    House Democrats are probing the nation’s largest insurance companies for lavish spending, demanding reams of compensation data and schedules of retreats and conferences.

    Letters sent to 52 insurance companies by Democratic leaders demand extensive documents for an examination of ‘extensive compensation and other business practices in the health insurance industry.” The letters set a deadline of Sept. 14 for the documents.

    http://www.politico.com/news/stories/0809/26251.html

  • HARP

    CNN Fails to Report Woman Comparing Obama to Hitler is a Lyndon LaRouche Democrat.

    http://www.weeklystandard.com/weblogs/TWSFP/2009/08/cnn_fails_to_report_woman_comp.asp

  • Ani

    Linda, great article. Reich makes a good point. If these financial institutions want to keep up their reckless policies and absurd compensation packages, fine — then they don’t get any bailouts when they make mistakes.

    The American taxpayer/investor is already paying through the nose for subsidizing their ponzi schemes all these years — now we are supposed to bail them out and still pay top staff milliions of dollars each? Bullsh*t. The cretins responsible should be working for a $1 a year to regulate and fix the preoblems they caused, else they should be taken away by the FBI.

    I personally have had enough of spending years playing by the rules only to be told I need to bail out those that didn’t.

    By the way, good to know Reich is not hopeful about being impressed by the Obama Administration on Wall St. reform. How will Obama have the spine to go up against them when he got more money from these guys than any other candidate. There is the answer.

  • Hattip

    What makes you Democrats think that the Government has the right to in general regulate the pay of the citizens of this nation? Do you think that government gives us an “allowance”?

    This is the most hideous sort of Marxist nonsense. IT is not your right to regulate other people’s lives.

    Are you Democrats asking for limiting the pay of Fanny and Freddie “executives”? How about those in the media?

    The CRA and all the institutions and laws that caused this mess in the first place ARE STILL THERE! how about “reforming” them. But then you would have to admit what the problem is in all of these financial “Crises”: The Democrat Party.

    What totalitarian nonsense. Who do you people think you are?
    If you want to make more money in your lives, go out and earn it. Stop using government to act out on your jealousies and insecurities.

    No one is “evil” just because they make more money than you do.

  • Doc99

    Compensation Czar … is this the USA? Just asking …

  • HARP

    Follow the money Mr. Klein. Which candidate got the most money from the health insurance industry and Big Pharma last year? Which party got the most money from the health insurance industry and Big Pharma last year?

    http://riverdaughter.wordpress.com/2009/08/18/buy-a-clue-ezra/

  • Ani

    I am not sure to whom your comment is addressed but just for the record, I personally have no interest in regulating anyone’s income —

    the point is those organization cannot ask for bailouts when their ponzi schemes fail if part of their playbook is to pay the executives responsible for those failures millions of dollars of bailout money. If they are willing to rise and fall by their own decisions with no help from me, then they are welcome to pay anyone anything they want — and they only have their shareholders to answer to.

    Fair enough?

  • candymarl

    Good point. How I long for the return of the Czars!

    Let’s start with Ivan the Terrible! Who’s with me?

  • Linda Anselmi

    Thanks Ani.

    Maybe we should require our politicians to place their sponsors on their clothes. Kind of like they do in Auto racing. And the more money or bigger the sponsor, the bigger the lettering, that way every time we see them, we will immediately know who they are speaking for.

  • Linda Anselmi

    Well said Ani!

  • Patience

    It was eye-opening to discover last fall who reaped the most campaign cash and sweetheart deals from the financial sector. It’s been instructive to learn about Goldman Sach’s strategic influence in government (I couldn’t help but notice it’s not on the Pay Czar’s list).

    The bailouts have been so over-the-top and obscene that average citizens like me have become consumed with populist rage. Why do I expect even more outrage to come? I’ve read that the Pay Czar was the one charged with determining government compensation of 9/11 victims’ survivors, and that a lot of people were upset that survivors of financial types got a lot more than, say, firefighters’ survivors. Why? Didn’t those making multi-millions per year have life insurance commensurate with their earning capacity? If they didn’t, was it because they had so much wealth in reserve that they didn’t feel they needed life insurance? If they were so important to the success of their companies, did their companies hold key man life insurance policies for them? Why did the government place a variable value on the lives lost on 9/11?

  • NoBamaNoWay

    Why don’t you move to Afghanistan, Hattip? i hear it’s pretty much whoever has the biggest gun rules. you should love it. here in america, however, we are a nation of laws, and the wealthy have used their power (buying politicians) for ages to control the rest of us; why is it wrong for us to use our power (our numbers) to control them? it’s a two-way street, isn’t it? i’m sorry, i’m not buying your theory that america exists solely to provide the rich with an opportunity to get richer, while keeping the masses in a nice docile, slavish state.

  • NoBamaNoWay

    i’m not saying that i agree with this government controlling ANYTHING right now, but what about minimum wage, are you against that? call me a communist, but i don’t think that having a huge gap between the rich and poor is a good thing for any country.

  • Linda Anselmi

    Patience -

    I totally agree:

    The bailouts have been so over-the-top and obscene that average citizens like me have become consumed with populist rage. Why do I expect even more outrage to come?

    And I think we will hear a lot more about the Pay Czar’s and his role in the 9/11 victim’s compensation as we start learning of his decisions on these 175 top execs.

  • Linda Anselmi

    Especially since our taxpayer dollars bailed them out – otherwise, they wouldn’t have their jobs!

  • tzada

    We cannot let the Governemnt divide us. Which is what they are trying to do. Along racial lines and income.

    Giving out bonus, throwing lavish trips etc with taxpayer money and is wrong. That money should be returned to the taxpayers.

    But to regulate other peoples income is wrong, if it is earned from the private sector. We start down a slippery slope when we let our selves be herded in the direction that they wish. Chaos and hate and division is their object. Divide and conquor.

  • jwrjr

    Poor people (the majority of us)getting poorer is what caused the financial meltdown in the first place. You can’t sell many products if people don’t have the disposable income to buy them.

  • Doc99

    OT: It appears Axelrod has an ethics issue.

  • Tricia Spiegel

    Good piece.
    And Grrrrrrr. This is all so unsetting.

  • PO’dVet

    I believe some form of regulation is needed. But not the Government controlling how much anyone can be paid unless they receive bail-out money! But CEO’s etc should be directly accountable to the shareholders. I think it is the shareholders who should have to authorize top executive pay scales, and bonuses at annual shareholders meetings. This should also apply to sports teams if they are using public funds to pay for their stadiums! It is utterly astounding that there are people being paid $25,000,000.00 a year to play a game. In stadiums paid for mostly by people who have never, and most likely never will be able to afford to see a game in that stadium!

    I am also in favor of regulating unions to get rid of unfair hiring practices. Too many good jobs in this country are locked up by unions who get it into the contract…That all new employees must be recommended by current union members. It should be based on qualification, not nepotism! This happens way too much, but it never seems to be talked about because the unions want to keep those cushy high paying jobs for their relatives no matter how unqualified they might be. I mean it seriously burns my ass when I know people who busted their butts going to college while working 2 full time jobs to pay for it. Earning a degree in engineering…only to be told by GM sorry, we can’t hire you unless you are recommended by 2 union members. While at the same time, a drugged out high school drop out gets a job there making $40k yr. And all he is qualified to do is push a broom around the plant floor.

    Someone save us from the Far right wacko’s and the Far left lunatics!

  • lorac

    Seriously – let’s stop pretending it’s a secret that they’re all bought and paid for. And that includes the congress critters, too. I’d like to see Barney Frank (“Freddie and Fannie are doing just fine – they must be, they gave me lots of money!”) wear some sponsorship patches

  • lorac

    Well, if our country still valued hard work, we would have (been allowed to) elect Hillary, instead of being given this lazy, TV personality, “I just want to run for the next higher office” guy….

  • NoBamaNoWay

    correct; that is the root of america’s economic problems – the destruction of the middle class. we have been shipping good jobs overseas and the rich have been getting richer/poor getting poorer for DECADES. no amount of tweaking the financial markets or bank bailouts is going to stop this ship from sinking. and yet it seems like over half of americans still embrace “trickle down” economic theory.

    if “trickle down” economics worked the american economy should be in excellent health right now, because the rich are as rich as they have ever been. so where’s the trickle???!

    america is a nation of fools; they elected Bush twice and now Obama, and they believe that if only those at the top had a little bit more wealth, they too would be living on easy street.

  • NoBamaNoWay

    i hear you, especially about the unions controlling good jobs; it’s not much different than organized crime. the fat cats at the top are nothing but an organized crime family too; something must be done to stop them from screwing the rest of us. how about an income tax based on the company’s pay distribution? if 5% of their employees make 95% of the pay, then that company pays more taxes than one which spreads out their wages more equally.

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