Declaring AIG Bankrupt Might Have Saved Billions
Tuesday, March 24th, 2009The mistake to not declare AIG bankrupt initially has resulted in billions of U.S. taxpayer dollars going hastily and unobstructed to foreign banks who were reimbursed dollar for dollar for their losses instead of a negotiated settlement to a reduced rate typically mandated by bankruptcy proceedings which could have saved billions. The decision not to use bankruptcy was not a universally shared opinion. Andrew Grossman of the Heritage Foundation,Wall Street impresario John Rodgers, and conservative House Republicans were among the significant number of dissenters to the government bailout plan.
AIG went through a bailout instead of bankruptcy because authorities hypothesized that the many financial institutions that were secondarily insured for losses with AIG would founder if the giant did as well. A significant portion of these so called “counter parties” exist in other countries under other governments. This in the eyes of those who favored bailout over bankruptcy would cause a calamitous world wide economic catastrophe. Therefore it was felt that bailing out AIG was in fact bailing out many other institutions.
Some have argued that the urgency of the situation did not allow a complete investigation of all the alternatives at the time the decision was made but regardless of whether bankruptcy or bailout was used there should have been more diligence on the government’s part. This potential scandal involves not millions as did the recent fray over bonuses but instead billions of dollars. In a column written this week by James Kwak of the Wall Street Journal on their website The Baseline Scenario he has examined several writers who are now saying that a controlled failure of AIG would have been possible if this study and evaluation of AIG creditors had been carried out.
The government needed to identify and determine the relative importance of those counter parties before a blank American taxpayer check was given to literally all of the world’s banks. Michael Mandel of Business Week reports that $44 billion of taxpayer bailout that went through AIG went to domestic U.S. institutions including state governments and Wall Street firms such as Goldman Sachs but a larger portion $56 billion went to foreign banks with German banks getting $17 billion and French $19 million.
What has happened is the United States bailed out the whole world at face value inappropriately. Payments were given mostly for “credit swaps” between banks which had invested in unsecured high risk financial instruments that the banks of the world made a poor choice to make. Unlike just about everyone else in the world these banks got full reimbursement for their loses not a negotiated settlement.
If the bankruptcy route had been chosen instead of the bailout several important functions would have been put in place that could have saved taxpayers potentially billions of dollars. First of all contracts with employees and all debts to creditors would have been rendered immediately renegotiable.
Today in Congressional hearings both Federal Reserve Chairman Bernanke and Treasury Secretary Geithner were asked why the government did not review not only the employee contracts but also the debts of AIG. They both answered they did not have the power to do so. If bankruptcy had been filed the payouts to the worlds banks could have been negotiated at a reduced percentage. By the way none of the other foreign governments volunteered to help this. Mr. Bernanke even admitted to Congress that if AIG had declared bankruptcy and been put into “receivership” none of these problems would have existed.
Now Mr. Geithner is asking Congress for special powers to change AIG contracts and to create an organization similar the Federal Deposit Insurance Corporation which currently is just for banks but this new “Resolution Authority” would have domain over non-banking financial entities. A new regulatory body for non-bank financial entities may seem reasonable but many seem to be missing the point that they really are asking for the power they would have had with bankruptcy.
Thanks for reading Contempo Magazine blog which discusses issues for McAllen, the Rio Grande Valley, and America from a conservative Hispanic point of view. Tony Magaña grew up in McAllen Texas, attended Texas A&M University, served as an officer in Army Reserve, and holds a doctorate from Harvard University. The co-founder of Contempo Magazine has participated in Valley business for over 20 years. He is a member of the National Association of Hispanic Journalists and also writes for the American Daily Revew

