Showing posts with label bonuses. Show all posts
Showing posts with label bonuses. Show all posts

Tuesday, February 4, 2020

Bank Bonuses and Dividends After the Financial Crisis: On the Power of Banks in European and American Government and Society

Dividends are typically based on how much a bank (or company, moreover) has profited, less whatever capital is needed from the profit. Similarly, bonuses are based, at least theoretically, on how the managers and the nonsupervisory employees alike perform as well as how the bank performs. In their respective ways of shoring up banks amid the financial crisis of 2008, the E.U. and U.S. differed on how easy it would be for banks to pay dividends and bonuses, as well as to have access to governmental funding. These differences reflect both the relative power of the financial sector in the governmental sector and the cultural attitudes toward business. 

“Under proposals outlined by the European Commission president, José Manuel Barroso, banks would be required to temporarily bolster their protection against losses. . . . Extra capital for European banks should be raised first from the private sector, then from [the state] governments, according to the proposal. Only when those avenues have been exhausted should a euro zone bailout fund be tapped, it said. Banks should not be allowed to pay dividends or bonuses until they have raised the additional capital, according to the proposal.”[1] The bankers much raise additional capital before government coffers could be tapped and dividends and bonuses could be paid.
 
As an aside, the nature of the E.U.'s federal system is also relevant, as state funds would be tapped; only when they are exhausted would a federal fund be used. In the case of the U.S., the states were to be shut out of the solution. This reflects the more general shift from federalism to consolidated power at the federal level. The European federal system was at the time more balanced, and thus more viable.

After Lehman Brothers went under in September 2008, the U.S. Government took “swift action to ensure its banks had a strong cushion of capital.”[2] The banks first (rather than last) resort of capital would come from the Federal Reserve Bank (as created money) and TARP funds enacted by Congress. The bankers did not have to raise additional funds, and they could pay dividends and bonuses even though the government bailout was supposed to be used to expand lending, which largely didn't happen. The banks could take the governmental funds with few if any strings attached. Also, the U.S. Treasury allowed banks to pay back the funds earlier than perhaps advisable because the bankers wanted to be free to pay whatever bonuses they saw fit for themselves.

The difference on whether dividends and bonuses should be allowed at troubled banks reflects a rather basic ideological difference between the E.U. and U.S. concerning whether economic liberty ought to be limited even in cases in which the economic entities are culpable. In short, is a bank (or business) whose management has performed very badly, as in recklessly taking on too much debt, justified in paying out dividends and especially bonuses nonetheless? If traders knowingly sell crap to even their best customers, as traders at Goldman Sachs did in the case of the subprime-mortgage-based financial-derivative bonds, should those traders expect to get bonuses anyway? Competence and ethics are thus both relevant. 

Admittedly, the bonus system on Wall Street had made its way into calculations of standard or basic compensation, such that the bankers had come to expect at least some bonus each year, regardless of performance. However, this expecation (and practice) contorts the very meaning of a bonus; it is not to be expected because it is granted for good or excellent performance, or even ethical conduct. U.S. officials tacitly bought into Wall Street's convenient notion of a bonus, whereas E.U. officials held onto the basic fact that a bonus is an extra, not a given, and, moreover, that raising additional capital as a hedge against systemic risk is more important than bonuses (and dividends). 

I suspect that because the E.U., at the time at least, had major parties on a broader political spectrum than that of the U.S., the financial sector did not have as much power over governmental institutions as in the case of the United States. Put another way, the U.S. political landscape was more tilted in favor of the financial system. Goldman Sachs, for instance, gave $1 million to Barak Obama's 2008 presidential campaign. Furthermore, the U.S. Supreme Court ruled in Citizens United (2010) that corporations could give unlimited amounts of money to political campaigns. Meanwhile, the "hard left" was represented only by "liberal Democrats," whose power has been typically diluted in the Democratic Party. Even the liberal wing of the Democratic Party does not reach the Left parties in Europe in terms of Socialism, for example. 

Therefore, I submit that the interests of corporations, including their stockholders and managements, are distended in American politics. Perhaps not by coincidence, the culture itself is amenable to business. For example, business values have gained a greater footing in how education is conceptualized at many universities in the American States. Since 1980, for example, both universities and students have reduced education to vocation in assessing a major's worth in terms of its potential for resulting in a good-paying job. The criteria for higher education are not so limited, or warped. In terms of teaching, corporate power-point presentations, which were ubiquious in business settings, became more common not only in "teaching by bullet-points," but also in what students would study for exams. 

The cultural value of business in American society, combined with the monied/political power of corporations (including banks) in the halls of government can explain why the American response to the incompetent bankers differed so much from the European response. This is a good case study particularly because it is ludicrous that a no-strings governmental response would follow the bankers' pathetic abuse of the subprime derivative bonds. The sector had even lobbied to keep financial derivatives from being regulated! That bonus were granted attests not only to warped judgment, but to the cultural and political situs of the financial sector in America. I suspect that many Europeans, even E.U. officials, were shaking their heads in disbelief. 

1. Stephen Castle, “Europe Tells Its Banks to Raise New Capital,” The New York Times, October 13, 2011.
2. Ibid.

Tuesday, May 26, 2015

Wasteful Agency-Spending: Employee Bonuses as a Solution

Use it or lose it. I am referring to “the habit of [U.S. Government] agencies spending all surplus funding at the end of the fiscal year in order to avoid budget reductions the following year.”[1] By spending the entire amount allotted for the budgetary year, a federal agency can avoid a lower base-line for the following year’s allotment from Congress. The incentive in this system is to spend every dollar in the budget, whether efficiently or profligately. The challenge is how to replace that incentive with another—one that results in efficient public budgeting. Unfortunately, relying on an incentive presupposes discretion, and one person can never be sure what lies behind another person’s use of it.

In May 2015, a bipartisan group of U.S. Senators proposed to “give agency inspectors general the ability to grant $10,000 bonuses to federal employees who identify surplus or unneeded funding at their agencies.”[2] According to one the senators, “the bill helps combat the perverse incentive to spend leftover money by offering employees a positive incentive to help IGs save money.”[3] That perverse incentive is what made the U.S.S.R. so inefficient economically, as state-owned (i.e., socialist) and controlled (i.e., regulated) enterprises (as well as government agencies) operated likewise. In that political economic system, quotas both in budgets and widgets were the currency by which the system operated. Such bloat, inefficiency and mismanagement that weakened the Soviet Union from within also hampers good government at the federal level in the United States.

The proposed law would amend the 1974 Congressional Budget and Impoundment Control Act, which gave Congress more authority in the budget process. “The Act was inspired by Richard Nixon’s refusal to disburse nearly $12 billion of congressionally-appropriated funds in 1973-74 through the executive power of impoundment.”[4] Nixon cited the impact of the federal budget deficit on inflation as the reason for refusing to spend appropriated funds. The rationale is problematic prime facie because the U.S. president is tasked with enforcing the law rather than selectively enforcing it. Not contradicting the law would have meant going back to Congress with a recommendation that a law be passed withdrawing the surplus funds.

Even though the proposed law in 2015 would place the discretion with civil-service employees rather than politicians, a Democratic U.S. Senate aide said “that the amendment’s language may [allow] federal government administrators to defund key agency functions for ideological or political reasons.”[5] Civil servants are human too, and, besides, they can be subject to pressure from politicians higher up the food chain. In other words, we are back to the same problem—that which is inherent to discretion. Sen. Mike Enzi can have all the faith in the world in “the people holding the shovel who really know how to solve problems”—that “the folks responsible for administering individual programs know where the money is, what is needed and what is being wasted”—but all this does not necessarily mean that the civil servants would flag a budget item as “surplus” because it really would be wasteful to spend the money. Even a bureaucrat holding a shovel could provide an efficiency rationale for cutting one budget-item so as to get out of having to do a boring  ideologically-objectionable task or program. The bonus would be, well, a bonus. That is to say, a perverse incentive.



[1] Andy Medici, “New Bill: Point Out Surplus Funds, Get a $10,000 Bonus,” Federal Times, May 21, 2015.
[2] Ibid.
[3] Ibid.
[4] Regional Oral History Office, “1974 Congressional Budget and Impoundment Control Act,” The Bancroft Library, University of California-Berkeley, March 7, 2011 (accessed May 23, 2015).
[5] Daniel Marans, “Rand Paul Amendment Would Increase Executive Branch Power,” The Huffington Post, May 22, 2015.

Friday, May 23, 2014

Britain Bucks E.U. Bonus Caps for Bankers

Not long after the passage of an E.U. law limiting bonuses for bankers in the E.U., one state government (the usual suspect) filed a lawsuit in federal court (the ECJ) to contest the new law before it even went into effect. Perhaps it could have been said that 'banker-bonus caps is to Britain as "Obamacare" is to Texas.' Although federal overreach was an element in both complaints, we can still ask what was the true basis of Britain's suit.
It would make sense that Britain might point to a trend of lower compensation since a peak in 2007. In plain words, Britain's attorney could justifiably have argued the new law was no longer necessary as the excessive bonuses had already been tapering off from a peak.


Providing its “bare bones” legal basis, Britain claims in the filing that the law is unconstitutional because it would push “bankers’ fix pay up rather than down, which will make banks themselves riskier rather than safer.”[1] The law “is not fit for purpose,” according to a state official, which is to say that the results of the legislation could already be anticipated to contravene rather than advance the law’s own purpose.

The European principle of proportionality means that federal law must be in keeping with the aim pursued. The purpose of this principle is to restrict the power of the federal level. Together with the subsidiarity principle, the intention is to protect state governments from excessive federal encroachment. The U.S. has a comparable feature in the Tenth Amendment. As of 2013, it was still an open question whether the principles of proportionality and subsidiarity would eventually be jurisprudentially sidelined as the Tenth Amendment had been in the U.S. since 1865. The state of Britain would have had good reason to contest any federal overreach in order to keep the E.U. from sailing through a federal balance on the way to consolidation.

Lest it be concluded that the concerns in the British government pertained mostly to protecting the system of federalism, “many [people] in London’s financial district . . . harshly criticized the bonus cap, arguing that it would harm the competitiveness of the city and [the E.U.] as a whole.”[2] It is feasible that “the city” was in the driver’s seat, with the government happily going along as a sort of front hiding the raw, self-serving greed of a private interest. To be sure, the “states’ rights” agenda was undoubtedly in the mix—Britain being the South Carolina of the E.U. However, whereas the South Carolina legislature had passed a law nullifying any federal law not in South Carolina’s interest, the Britain legislature decided it would “impose the cap because it was obliged to do so under [E.U.] law.”[3]

One implication is particularly important. That the House of Commons recognized that even a contested federal law is nonetheless binding on Britain and its legislature is also a recognition, even if tacit, that the atom of governmental sovereignty had indeed been split; rather than being a confederal alliance such as the U.S.’s Articles of Confederation (1781-1789), the E.U. was even by 2013 a federal government—the most salient attribute of modern federalism being dual sovereignty.[4]

The point being typically missed, it bears repeating. In acknowledging that the British government, as a state government (formerly “host kingdom” in the British Empire), is bound by E.U. laws even if they run contrary to Britain’s interests (e.g., undercutting London’s competitiveness), that government cannot then turn around and argue that the E.U. is one of the networks to which Britain just happens to belong. Nor could Britain claim that the E.U. is a mere confederation, wherein sovereignty remains with the members. In other words, by the definitions and a bit of logic, the implication is that Britain was at the time not a member of, but, rather, a state in the E.U. That's quite a bonus.


[1] Julia Werdigier, “Britain Sues to Stop Cap on Bonuses for Bankers,” The New York Times, September 25, 2013.
[2] Ibid.
[3] Ibid.
[4] Kenneth C. Wheare, Federal Government (Oxford: Oxford University Press, 1970).