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RE: New Bailout Bonus Law is Flawed - 3/20/2009 11:04:27 AM   
ThatDamnedPanda


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quote:

The message you send when you deny bonuses because other departments failed is simple promises don't mean shit even if thy are in a contract. how you figure that's going to go over with prospective and current employees?


I think the message you're sending is "The company you work for has failed so completely, if it were any other corporation in America it would have to declare bankruptcy. The good news is, unlike several million other Americans in similar situations, you still have a job. Count your blessings."



quote:

I'm simply saying before we demonize every AIG employee who got a bonus that we actually try to see which folks deserved the bonuses and which ones didn't.
and look beyond the first glance when doing it.


You're not demonizing the employees by saying that a company which has been so badly mismanaged it requires anywhere from $30 billion  to $60 billion in taxpayer money just to stay afloat can not afford to pay mulit-million dollar bonuses to its employees. If every other company, and every other employee, in the entire country has to tighten their belts and make some sacrifices in order to get through this crisis,why should  a company that helped cause this catatsrophe and has still collected $30 billion in public welfare get some sort of exemption? Fuck their contracts. Contracts are renegotiated or voided every day. If they don't like it, nationalize the goddamned company and feed every contract into the shredder. Start from scratch, and any employee who thinks they can do better someplace else is free to leave.


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RE: New Bailout Bonus Law is Flawed - 3/20/2009 11:12:58 AM   
Archer


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Ah so we devolve into a nation ruled by the whim of the masses from a nation ruled by laws.

We allow the congress to pass a law specifically prohibited by the US constitution (article 1 section9) because it makes us feel good to punish the employees.
all without giving them any due process.

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RE: New Bailout Bonus Law is Flawed - 3/20/2009 11:21:50 AM   
Honsoku


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Indeed. However, this isn't likely to take the christmas ham off of anyone's table. By the time one finished sorting through who should be paid and who shouldn't, the time for payment of the bonus will have come and gone. If we hadn't stepped in, the promises wouldn't have meant anything anyway, as AIG would have gone under. So instead of just no bonus, there would be no job. This is hardly the first time that someone has had their bonus minimized because a company was in financial trouble which wasn't the employee's fault. It comes with the territory. When you attach yourself to a company, you attach yourself to that company's fate to a degree.

If the average bonus had been in the 10k-40k range and AIG hadn't already been taken to the woodshed before for cavalier use of taxpayer funds, I would be a lot more tempted to just let it slide. At 400k, the average bonus is about half of what the average person will earn in their working career (last I checked, which was a while ago). How many people actually put forth that kind of performance, really? I mean, we pay that much to the president for salary. Is this bill perfectly fair and just? No. Nothing ever is. Is it in the ballpark? Most likely. The correlation between pay and competence in the corporate world isn't anywhere near as strong as most people like to think it is.

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RE: New Bailout Bonus Law is Flawed - 3/20/2009 11:28:35 AM   
Archer


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And if they set the law to the future bonuses not the ones that were contracted a year ago, but the ones currently being earned I wouldn't be very upset at all, but they are trying to nulify a contract which the employees have fulfilled. That is dangerous ground and likely a violation of the US constitution to penalize them with a special tax.

I'm not willing to give Congress a pass for the failure they have visited on us for decades (other than for those few years under Newts hand) and have them preach to anyone about waste or fairness when they have not gotten their own houses in order.

The irony of Congress lecturing AIG about pay for performance when Congresses own performance has sucked so badly does not slip by me.





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RE: New Bailout Bonus Law is Flawed - 3/20/2009 11:31:13 AM   
StrangerThan


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quote:

ORIGINAL: Archer

The irony of Congress lecturing AIG about pay for performance when Congresses own performance has sucked so badly does not slip by me.



Hot damn. Someone else gets it.


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RE: New Bailout Bonus Law is Flawed - 3/20/2009 11:35:10 AM   
gman992


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You can't say that! The leaders belong to Obama's party, and HE knows what is best for you. Since when in the world did Democrats care about supporting big, evil corporations anyway? I thought that they were the good guys?

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RE: New Bailout Bonus Law is Flawed - 3/20/2009 11:38:02 AM   
ThatDamnedPanda


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quote:

ORIGINAL: Archer

Ah so we devolve into a nation ruled by the whim of the masses from a nation ruled by laws.

We allow the congress to pass a law specifically prohibited by the US constitution (article 1 section9) because it makes us feel good to punish the employees.
all without giving them any due process.



If you didn't want to take the trouble to actually read my post, wouldn't it have been easier to not respond at all rather than post a response that had so little to do with what I said?


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RE: New Bailout Bonus Law is Flawed - 3/20/2009 11:57:45 AM   
Archer


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Voiding a contract because the masses are upset at something they don't get is precisely mentioned and responded to from your post.
Feeding legally binding contracts to the shredder that have been fulfilled already replies directly to your post. You not being able to see that makes it tough to discuss with you.



< Message edited by Archer -- 3/20/2009 11:58:42 AM >

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RE: New Bailout Bonus Law is Flawed - 3/20/2009 11:58:05 AM   
awmslave


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The Press is paying attention: there seems to be a competition who can express the bad news better.

http://network.nationalpost.com/np/blogs/fpcomment/archive/2009/03/19/terence-corcoran-is-this-the-end-of-america.aspx

Terence Corcoran asks:  Is this the end of America?

"U.S. law-making is riddled with slapdash, incompetence and gamesmanship By Terence Corcoran

"
Helicopter Ben Bernanke’s Federal Reserve is dropping trillions of fresh paper dollars on the world economy, the President of the United States is cracking jokes on late night comedy shows, his energy minister is threatening a trade war over carbon emissions, his treasury secretary is dithering over a banking reform program amid rising concerns over his competence and a monumentally dysfunctional U.S. Congress is launching another public jihad against corporations and bankers."

"..As an aghast world — from China to Chicago and Chihuahua — watches, the circus-like U.S. political system seems to be declining into near chaos. Through it all, stock and financial markets are paralyzed. The more the policy regime does, the worse the outlook gets. The multi-ringed spectacle raises a disturbing question in many minds: Is this the end of America?...'

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RE: New Bailout Bonus Law is Flawed - 3/20/2009 1:37:52 PM   
Lorr47


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quote:

ORIGINAL: Archer

The bonuses were in contracts that the employees had met the requirements of, that were written BEFORE the bailout.

If the employee does A,B,C,D then they will receive a bonus of X.

The Employee met the goals/ requirements in the contract to receive the bonuses, the bonuses are legally obligations of the company.

So those saying that they (the employees) post fact are trying to get around the new law are just ill informed, spouting off.

Passage of this bill may in fact violate the US Constitution under the  Post Facto law making and Bills of Attainder prohibitions.

The reason the (after Feb) date That Dodd has disowned from his amendment, was placed in the law to begin with is likely because some legal staffer was trying to avoid this constitutional law problem of passing retroactive punitive laws.

Many of the bonuses were paid as a retention bonus to retain the people who are the best informed and educated about the sub prime market problems.
The question is simple is it cheaper and more practical to pay bonuses to folks who know the problem well already or to lose them and hire in someone and have them take time to learn to that level? Which course of action is most likely to handle the problem as quickly as possible? WHich choice is likely to drag out the problem longer?

BTW nobody has examined the fact that some departments of AIG were actually profitable and had nothing to do with the sub prime problems that caused their insolvency. Do we really want to deny someone who works in another department entirely and had nothing to do with the sub prime real estate area of the company the bonuses they have earned?

When they start to divide out those that were involved in the bad decisions from those who were not then I'll start to think maybe they have gotten past the knee jerk reaction and started to actually look at fairness.










I agree with most of what you said.  Ex post facto legislation usually will be held unconstitutional particularly in criminal jurisprudence.  However, if congress is bright enough to base the legislation on the police power provisions of the constitution this may be the case of the irresistible force meeting the immovable object.  I would not bet money on the outcome. Judges practice nullification just as much as juries are accused of doing.  But, to see legislators admit a mistake and try to do something about it is refreshing.

Conservatives and liberals seem to be in agreement when it comes to AIG.  Whereas we may not only get our money back but actually make a profit in regard to the banks, AIG is considered a black hole from which nothing will ever be paid back.  The bonuses are being paid to the very people who created the mess.  Yes, they are familiar with the problem because they created it.  If there was criminal activity in creating the AIG mess I am relatively sure that there will not be any evidence of such once we put the perpetrators in charge of the hen house. 

Would I rather have some bright people who are not familiar with how the mess was created? Yes.  AIG is eventually going down.  Right now they are keeping it afloat saying that it is too big to let fail.  I do not know the answer and I still cannot under stand how they created negotiable securities based on insurance policies. About hurting innocent people, didn't the bonuses go to those in the financial services area?  Are any of them innocent? The all seemed to have acted in a guilty manner or at the very least be guilty of sins of omission.


< Message edited by Lorr47 -- 3/20/2009 1:52:05 PM >

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RE: New Bailout Bonus Law is Flawed - 3/20/2009 1:52:46 PM   
Archer


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Viable points to be considered, not based on emotional factors, refreshing.

I asked the question about which would be better keeping the experts or dragging it out with new people. and you went straight to that and I am not sure I disagree with your finding. I asked the question because it is at the heart of the matter of the bonuses in question.

Personally I think they should have three categories, those executives who warned about this and then followed orders after protesting, should be paid their bonuses and retained, those folks who were not really involved in the decision but are experts and followed the orders of the decision makers, retained for the most part paid their retention bonus, lastly those who made the decisions and actually brought on the problems not retained and thus not owed any further retention bonus. Bring in new smart folks to fill the ranks back in.

That way you keep some of the talented ones and replace the ones who need to be replaced. This could be handled outside of congress by the Government calling for a proxy vote of stock holders to elect new board of directors and working from the inside. I'm not sure why the Government has not appointed or legislated a stock holder's representative to the board of directors as part of the process this far.






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RE: New Bailout Bonus Law is Flawed - 3/20/2009 8:52:50 PM   
ThatDamnedPanda


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quote:

ORIGINAL: Archer

Voiding a contract because the masses are upset at something they don't get is precisely mentioned and responded to from your post.


But see, Archer, that's what i mean. I never said anything about public outrage being a valid reason for voiding any contracts. You're either misunderstanding my point or deliberately misrepresenting it - I'm assuming the former rather than the latter, because I have no reason to believe you're being dishonest, but either way your counterargument has nothing to do with my argument. I'm saying the reason those bonuses should not be paid is because I believe it's morally wrong to ask everyone else in the country to make sacrifices, while using our taxes to pay bonuses to employees of one of the companies most responsible for this catastrophe. Outrage has nothing to do with it. It's just a matter of principle.




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RE: New Bailout Bonus Law is Flawed - 3/20/2009 11:18:56 PM   
Archer


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Fuck their contracts. Contracts are renegotiated or voided every day.

This is where I am drawing your public anger and shift from rule of law to rule of man.
Voiding contracts after they have been met, after they were given time to review and write the loan contract from the government to AIG and they dropped the ball, is not rule of law. It is a perfect example of substituting the principle of public anger/ will over the principle of law.

My counter argument to your it's morally wrong, is that you can't use a moral wrong to correct a different moral wrong.
It is morally wrong to void a contract that you sign off on when the thing you are objecting to was plainly evident in the paperwork before you signed off on them.

We found out this week that the goverment (Obama's Treasury Department ) pushed Senator Dodd to put in the language in the Stimulus Plan that allowed for the bonuses to go through. So there is no way you can convince me that the Obama Administration didn't know it was in what the President signed.

"Dodd told CNN on Wednesday that he was responsible for language added to the stimulus bill to make sure that already-existing contracts for bonuses at companies receiving federal bailout money were honored. A Treasury Department official admitted to CNN earlier that the Obama administration had pushed for the language."
http://www.cnn.com/2009/POLITICS/03/20/dodd.bonuses/

February 2009. Geithner and top Obama team economic advisor Larry Summers pressure Connecticut Senator Christopher Dodd and other Senate lawmakers to excise a provision from the banking bailout legislation that bans excessive executive bonuses to executives at TARP funded companies before February 11.

February 2009. Treasury staffers publicly disclose that the Treasury, the Federal Reserve in Washington, and the New York Federal Reserve held continuous interagency discussions on all operations of AIG since September. Geithner headed the New York Fed during those months.

February 2009. New York Fed officials reiterated that they carried out direct oversight of AIG and that they knew all about the bonus payments.

March 3, 2009. In an open hearing before the House Ways and Means Committee, Geithner complains to New York Rep Joseph Crowley that executive bonuses have gotten out of "whack." He was referring specifically to the tainted AIG bonuses.

http://www.huffingtonpost.com/earl-ofari-hutchinson/smoking-gun-points-to-gei_b_177419.html

Specifically used CNN and Huffington Post because they are not considered to be biased towards conservatives.

So THEY The Obama Adminstration knew and actively moved to be sure the bonuses were paid. To now go back and try to reverse that and make claims that they didn't know, sorry not flying for me. Want someone to blame for "skirting around the law, talk to Geithner.

< Message edited by Archer -- 3/20/2009 11:21:05 PM >

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RE: New Bailout Bonus Law is Flawed - 3/21/2009 2:52:24 AM   
Lorr47


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quote:

ORIGINAL: Archer

Viable points to be considered, not based on emotional factors, refreshing.

I asked the question about which would be better keeping the experts or dragging it out with new people. and you went straight to that and I am not sure I disagree with your finding. I asked the question because it is at the heart of the matter of the bonuses in question.

Personally I think they should have three categories, those executives who warned about this and then followed orders after protesting, should be paid their bonuses and retained, those folks who were not really involved in the decision but are experts and followed the orders of the decision makers, retained for the most part paid their retention bonus, lastly those who made the decisions and actually brought on the problems not retained and thus not owed any further retention bonus. Bring in new smart folks to fill the ranks back in.

That way you keep some of the talented ones and replace the ones who need to be replaced. This could be handled outside of congress by the Government calling for a proxy vote of stock holders to elect new board of directors and working from the inside. I'm not sure why the Government has not appointed or legislated a stock holder's representative to the board of directors as part of the process this far.








This morning the McGlaghlon (sic) Report, especially Pat Buchanan, was very informative about AIG.  After taking a swipe at the present administration, he said that AIG has paid $120 billion in claims to banks since September, 2008.  Buchanan zeroed in on Paulson and the $13 billion that AIG paid to Goldman Sachs and said that when people realize what happened, the call for Paulson's head will be loud.  The rest of the money went to European banks including Barclays and Deutchbank.  Thus, American taxpayers' money (over $100 billion) has been paid to European banks.  Buchanan is waiting for the firestorm about what Paulson did; what the present administration covered up and continued.  Buchanan asked if we paid the unabomber a retention bonus.  There is going to be one hell of an explosion. Six months ago Celtic Lord alleged that this was happening and was booed royally.  He was right.

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RE: New Bailout Bonus Law is Flawed - 3/21/2009 6:19:48 AM   
pahunkboy


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Wendys is hiring.  How many hours do I need to work there to pay my share of these bail outs?

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RE: New Bailout Bonus Law is Flawed - 3/21/2009 8:03:59 AM   
Raiikun


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quote:

ORIGINAL: Honsoku

The "tax" is being imposed because AIG claims that they have to give that amount in bonuses because they are contractually obligated to do so (though that does beg the question; why the hell are the bonuses obligatory? Doesn't that defeat the point?).


I wonder if people are hung up on the word "Bonus"...but yah, bonuses being written into a contract are pretty common, and often considered part of the person's income.  They can range from the $2000 bonus the government gave me as an incentive for joining the Army after I was in for 2 years, bonuses for performance  (Not everyone at AIG etc is an executive running the company into the ground - in another thread I mentioned a person who is very good at her job in bringing money into Bank of America, who in January alone met her quota for the whole quarter, who has a bonus in her contract for meeting her quotas, is considered an important part of her income and part of why she took the job, which bonuses could soon be taxed at 90%).

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RE: New Bailout Bonus Law is Flawed - 3/21/2009 8:05:44 AM   
Raiikun


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quote:

ORIGINAL: ThatDamnedPanda

If they don't like it, nationalize the goddamned company and feed every contract into the shredder. Start from scratch, and any employee who thinks they can do better someplace else is free to leave.



And that's exactly what would happen.  You'd drive away the good employees who actually do good work for the company and earn their bonuses away to other companies.

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RE: New Bailout Bonus Law is Flawed - 3/21/2009 10:30:55 AM   
Honsoku


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quote:

ORIGINAL: Raiikun
I wonder if people are hung up on the word "Bonus"...but yah, bonuses being written into a contract are pretty common, and often considered part of the person's income.


I know that it happens a lot. It still doesn't make a whole lot of sense given the definition of the term. The term definitely doesn't help, but it isn't just the term, it is also the size. It is a lot like a "buy one, get one free" promotion. Isn't that really just "half off"? Another part of the issue is that a lot of these aren't "performance" bonuses, but retention bonuses. People hear bonus and almost always think performance bonus, which is part of the immediate recoil to this. Instead, they were being paid for not quitting, which also seems a bit off.

[snip]
quote:

in another thread I mentioned a person who is very good at her job in bringing money into Bank of America, who in January alone met her quota for the whole quarter, who has a bonus in her contract for meeting her quotas, is considered an important part of her income and part of why she took the job, which bonuses could soon be taxed at 90%).


Highly unlikely. Unless her family income is over $250,000/year, her bonus will be not be affected. If her income is that high, and they are filing jointly, that bonus would have been taxed at a 33% rate anyway. They could have just said they were tripling the tax rate on those bonuses, which would have meant the same thing and wouldn't have gotten people defensive about it.

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RE: New Bailout Bonus Law is Flawed - 3/21/2009 10:43:40 AM   
Raiikun


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quote:

ORIGINAL: Honsoku
Highly unlikely. Unless her family income is over $250,000/year, her bonus will be not be affected. If her income is that high, and they are filing jointly, that bonus would have been taxed at a 33% rate anyway. They could have just said they were tripling the tax rate on those bonuses, which would have meant the same thing and wouldn't have gotten people defensive about it.


Well as mentioned in the other thread, she worked for Bank of America, and was damned good at her job...and is married to a doctor which pushed their income over $250k, thus her bonuses would be subject to the punitive tax removing 25% more of her take-home income through no fault of her own.

quote:

  Another part of the issue is that a lot of these aren't "performance" bonuses, but retention bonuses. People hear bonus and almost always think performance bonus, which is part of the immediate recoil to this. Instead, they were being paid for not quitting, which also seems a bit off.


Would you feel any better then if instead of an 80k salary with 20k bonus, they just paid a 100k salary with no bonus?  That would seemingly solve everyone's gripes.  Or people could just realize that out of $170,000 million in bailout money given to AIG, $165 million of it was used to pay contractually obligated expenses that were components of their employees salaries.

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RE: New Bailout Bonus Law is Flawed - 3/21/2009 11:36:01 AM   
Honsoku


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quote:

ORIGINAL: Raiikun

quote:

ORIGINAL: Honsoku
Highly unlikely. Unless her family income is over $250,000/year, her bonus will be not be affected. If her income is that high, and they are filing jointly, that bonus would have been taxed at a 33% rate anyway. They could have just said they were tripling the tax rate on those bonuses, which would have meant the same thing and wouldn't have gotten people defensive about it.


Well as mentioned in the other thread, she worked for Bank of America, and was damned good at her job...and is married to a doctor which pushed their income over $250k, thus her bonuses would be subject to the punitive tax removing 25% more of her take-home income through no fault of her own.

quote:

Another part of the issue is that a lot of these aren't "performance" bonuses, but retention bonuses. People hear bonus and almost always think performance bonus, which is part of the immediate recoil to this. Instead, they were being paid for not quitting, which also seems a bit off.


Would you feel any better then if instead of an 80k salary with 20k bonus, they just paid a 100k salary with no bonus? That would seemingly solve everyone's gripes. Or people could just realize that out of $170,000 million in bailout money given to AIG, $165 million of it was used to pay contractually obligated expenses that were components of their employees salaries.


I hadn't read the other thread. Somehow, I don't think she is going to be in much financial hardship over this. If she is, there is a "financial hardship" exemption in the tax law. 25% of *her* take home pay is about 10% of the family unit as a whole, correct? While it isn't great for her, somehow I just can't muster enough sympathy to give a shit. It seems to me like a woman who won't give CPR because her makeup will get smeared.

Unfortunately, that $165 million was going to only 400 people. Which leads to an average bonus of ~ $400,000/person. This gives the appearance of filling private coffers with public funds, which was already a very touchy issue. As I noted earlier in this thread, the bonuses wouldn't bother me so much if AIG hadn't already been taken to the woodshed at least once before for inappropriate use of taxpayer money. AIG has shown a lack of good faith behavior, so my sympathy for them is minimal. Because of AIG, the government is trying to head off similar bad faith actions on the part of other institutions by making an example out of this. They are trying to convey the message that the government support is *not* to be used to line your personal pockets.

No law will be perfectly fair. Ever. If you insist on every law being perfectly fair to everyone all the time, there will never be any laws.

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