Showing posts with label Barofsky. Show all posts
Showing posts with label Barofsky. Show all posts

Tuesday, April 21, 2009

he’s also worried that the whole thing could easily become a front for money launderers

From Reuters:

"TARP datapoint of the day
Posted by: Felix Salmon
Tags: regulation

The SIGTARP’s quarterly report to Congress (that’s Neil Barofsky, for those keeping track at home) runs to 250 densely-written pages. The news coverage is concentrating, rightly, on the fact that Barofsky is already investigating no fewer than 20 fraud cases associated with TARP funds, and also the rather alarming fact that PPIP fund managers might actually be forced to accept compensation caps after all. (If that does happen, you can be sure that Pimco, BlackRock, and the rest will immediately pull out of the scheme, leaving it doomed to failure.)

But there’s lots more where that came from. Not only is Barofsky worried about PPIP participants gaming the system, he’s also worried that the whole thing could easily become a front for money launderers:

Because of the significant leveraging available and the inherent imprimatur of legitimacy associated with PPIP and TALF, these programs present an ideal opportunity to money-laundering organizations. If a criminal organization can successfully invest $10 million of illicit proceeds into a PPIF, not only does the organiza- tion enjoy the possibility of profi ting through the Government-backed leverage, but any eventual distributions from the PPIF are successfully laundered because they appear to be PPIF investment gains rather than drug, prostitution, or illegal gambling proceeds.

The good news is that Congress has people like Barofsky and Elizabeth Warren’s Congressional Oversight Panel staffed up and keeping a close eye on Treasury’s bright ideas. The bad news is that it’s far from clear that Treasury has either the staffing or the inclination to pay much attention, let alone to implement their recommendations. Maybe once Treasury’s political appointeees are in place it will be a bit more helpfully responsive to (and grateful for) these extremely good reports."

Me:

“Saturday, October 4, 2008

Problems With The Bailout
From the NY Times article “For Treasury Dept., Now Comes Hard Part of Bailout”, I see the following problems with the plan as envisaged:

1) Possible conflicts of interest with the administrators of the plan.

2) Overpaying for assets.

3) Doesn’t do enough to ease credit markets or makes it worse.

4) When the assets are eventually sold, there is a huge and unanticipated loss.

5) Lobbying by hedge funds, etc.

Are there others? ”

These are inherent problems in any government/private sector hybrid plan. The recent past has shown this. You cannot rid the arrangement of them. All that you can do is get people to try and supervise the process closely. These issues also turned up in the Fed’s MBS purchases program.

“Conflicts of Interest
The first area of vulnerability is that the private parties managing the PPIFs might
have a powerful incentive to make investment decisions that benefit themselves at
the expense of the taxpayer”

“Collusion
A closely related vulnerability is that PPIF managers might be persuaded, through
kickbacks, quid pro quo transactions, or other collusive arrangements, to manage
the PPIFs not for the benefit of the PPIF (and taxpayers), but rather for the benefit
of themselves and their collusive partners.”

Both of these I call Conflict Of Interest. They are inherent in hybrids.

“Money Laundering
National and international criminal organizations — from organized crime, to narcotics
traffickers, to large-scale fraud operations — are continually looking for opportunities
to make their illicit proceeds appear to be legitimate, thereby “laundering”
those proceeds.”

And? This applies to any financial business in the US.

The solutions:

“Treasury should impose strict conflict-of-interest rules upon PPIF managers across all programs…

Treasury should mandate transparency with respect to the participation and management of PPIFs.

Treasury should require PPIF managers to provide PPIF equity stakeholders (including TARP) “most-favored nations clauses,” requiring that the fund
managers treat the PPIFs (and the taxpayers backing the PPIFs) on at least as favorable terms as given to all other parties with whom they deal.

In order to prevent money laundering and the participation of actors prone to abusing the system, Treasury should require that all PPIF fund managers have
stringent investor-screening procedures, including comprehensive “Know Your Customer” requirements”

In other words, watch out. Come on. If you don’t like the plan, it’s riddled with demons. These same kinds of problems turn up in all areas of government largess. Fraud, Collusion, Negligence, and Fiduciary Mismanagement, are essential areas of worry in financial concerns. Period.

If you don’t trust the FDIC and Treasury and the Fed now, why would you trust them to do anything right, including seizing banks?

- Posted by Don the libertarian Democrat

Tuesday, April 14, 2009

Goldman Sachs recorded a gain “over time” on the value of the hedges it bought to guard against a default on AIG

TO BE NOTED: From Bloomberg:

"Goldman Sachs’s Viniar ‘Mystified’ by Interest in AIG (Update1)

By Christine Harper

April 14 (Bloomberg) -- David Viniar, Goldman Sachs Group Inc.’s chief financial officer, said he’s “mystified” by the interest investors and government officials have shown in the bank’s trading relationship with American International Group Inc.

“They’re one of thousands and thousands and thousands of counterparties and the results of any trading with AIG are completely immaterial to what we do,” Viniar said today in an interview. “I am mystified by this fascination with AIG.”

Goldman Sachs, the most-profitable securities firm before converting to a bank last year, received more cash from AIG after the Federal Reserve rescued it last year than any other counterparty. The company has said it was insured against any losses from AIG and it didn’t benefit from the government’s rescue of the New York-based insurer. The Treasury Department’s chief watchdog for the financial rescue program is investigating whether AIG paid more than necessary to banks.

Viniar told analysts today that any profits related to AIG in the January-to-March quarter “rounded to zero,” as most of the transactions were unwound before the end of the year. In an interview, he also said profits in December weren’t significant.

‘Rounded to Zero’

“I would never tell you that we didn’t book any profit, I don’t even know,” he said. “I couldn’t tell you with any counterparty that we booked zero, but I could tell you it rounded to zero.”

After AIG was rescued by the U.S. from collapse last year, banks that bought credit-default swaps got $22.4 billion in collateral and $27.1 billion in payments to retire contracts, the insurer said last month.

Neil Barofsky, special inspector general for the government’s Troubled Asset Relief Program, began an audit two weeks ago into whether there were attempts by AIG or the government to reduce the payments, according to an April 3 letter to Representative Elijah Cummings. The Maryland Democrat requested the probe last month along with 26 other members of Congress.

Lawmakers, frustrated with the cost of an AIG bailout that has expanded three times, have asked why about $50 billion was paid after the initial September rescue to banks that bought credit-default swaps from the firm. The audit will reveal who made “critical decisions” regarding the payments and provide an explanation for the actions, Barofsky said.

‘Misperceptions’

Viniar held a conference call on March 20 to answer questions about the firm’s trading relationship with AIG and to “clarify certain misperceptions.”

When AIG was rescued, Goldman Sachs had $10 billion of exposure to the insurance company that was offset with $7.5 billion of collateral as well as credit-default swaps that would have paid off in the event of an AIG bankruptcy, Viniar said on the March 20 call.

He also said on the call that Goldman Sachs recorded a gain “over time” on the value of the hedges it bought to guard against a default on AIG, even though the government enabled the insurer to honor its obligations. In today’s interview, he said those gains were booked “from 2006 to now” and that any gains booked in the first quarter “would have been very, very small.”

Goldman Sachs reported late yesterday that it earned $1.81 billion, or $3.39 per share, in the first quarter on record revenue from trading fixed-income, currencies and commodities. The firm also raised $5 billion by selling stock at $123 per share, a 5.5 percent discount from yesterday’s closing price.

To contact the reporter on this story: Christine Harper in New York at charper@bloomberg.net."