House Republicans Blast AIG Bailout Disclosures

January 26, 2010 at 07:00 PM
Share & Print

A report developed under the aegis of Rep. Darrell Issa accuses the Federal Reserve System and the U.S. Treasury Department of being "deceptive and dishonest" about the bailout of American International Group Inc. (NYSE:AIG).

Issa is the highest ranking Republican on the House Committee on Oversight and Government Reform Committee.

The committee is set to hold a hearing Wednesday on the AIG bailout details.

The Republicans conclude in their report that "the secrecy, concealment and lack of transparency in the conduct of the Federal Reserve [concerning the AIG bailout] have serious implications for the continued health of democracy and free markets."

AIG, New York, used credit default swaps to insure bundles of subprime mortgages and other financial assets held by banks. As the company's ratings deteriorated, it faced escalating demands for collateral. The Federal Reserve Bank of New York moved in late 2008 to pay off the AIG collateral obligations at 100 cents on the dollar.

AIG posted the collateral to its CDS counterparties from September 2008 to October 2008, and, by Nov. 5, 2008, AIG had drawn down about $61 billion of its initial $85 billion line of credit from the New York Fed, according to the authors of the Republican report.

The authors of the report note that the New York Fed was then headed by Timothy Geithner, who is now Treasury secretary.

Alternatives to having AIG pay off the AIG CDS obligations at anything less than par were rejected by New York Fed officials, and New York Fed officials never seriously tried to persuade the banks to take reduced payments, or "haircuts," the authors of the report assert.

The authors cite another report, by Neil Barofsky, the special inspector general for the Troubled Asset Relief Program. In that report, Barofsky states that, "Geithner concurred, and it was decided that FRBNY would cease efforts to negotiate haircuts…"

"These decisions began the backdoor bailout of AIG's counterparties, and the direct payment of $27.1 billion of taxpayer money (and the waiver of an additional $35 billion in collateral) to the largest banks in the U.S. and around the world," according to the authors of the Republican report.

Once the decision to pay counterparties at full value was made, the New York Fed began to cover up details about the transactions, and its law firm, Davis Polk & Wardwell, edited AIG Securities and Exchange Commission filings to remove information about the payments, according to the authors of the report.

The New York Fed pressured AIG not to make disclosures, and it pressured the SEC to accept a confidential filing concerning the payments, and not until March 2009–after public pressure emerged–were the names of bank counterparties disclosed.

Geithner and representatives for the New York Fed have denied that Geithner had a role in managing the AIG bailout disclosures.

The Republicans say in their report that Geithner's "role in the AIG cover-up remains unclear."

The Republicans take note of Geithner's statement that he was not involved in a decision to avoid disclosure, but they say documents suggest that he was "at a minimum engaged personally in reviewing what information about the AIG bailout would be revealed to Congress and the public."

"At a minimum the cover-up of the details about AIG's counterparty payments began on Secretary Geithner's watch" and New York Fed behavior reflected his leadership, the Republicans write in their report.

The authors of the report call on Geithner to state whether New York Fed conduct was appropriate.

Geithner and Barofsky are both scheduled to testify at the hearing tomorrow.

The authors of the Republican report say they do not yet know the full extent of the New York Fed's "efforts to conceal information about the counterparty payments from this committee and the public over the last eight months" because the New York Fed has not fully complied with a subpoena.

Issa has asked Rep. Edolphus Towns, D-NY, the chairman of the Oversight Committee, to hold New York Fed officials in contempt if they do not comply, and also to issue more subpoenas.

The authors of the report say that Geithner would not submit to an interview by Issa before tomorrow's hearing but did meet with a Democratic member of the committee, Rep. Elijah Cummings, D-Md., Jan. 15.

NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Related Stories

Resource Center