Wednesday, October 7, 2009

The Clawback; it's a bitch Coalition

GET US Taxpayer Bailout money back (and then some) from Wall St
UPDATE #1 - and any / all economic benefit thereon - namely a piece of record 2009 CASH bonus compensation.

BAILOUTS
If not for US Taxpayer bailout certain, not all, Wall St. firms and banks were bankrupt last year.
And should have been forced to file as did Lehman or a similar special BK as GM later did.

See quote from Thomas Bowman, Acting Director of OTS, in Reuters April 2009
In defense of the OTS, Bowman said WaMu and IndyMac were not the largest American banks to fail last year."We did not regulate the largest institutions to fail in 2008," Bowman said. "We regulated the two largest institutions that were allowed to fail." The biggest institutions that failed in 2008 -- at least theoretically -- were regulated by the Office of the Comptroller of the Currency, said Bowman, who identified them as Citigroup (C.N: Quote, Profile, Research, Stock Buzz) and Bank of America (BAC.N: Quote, Profile, Research, Stock Buzz). The OCC, also an agency within the Treasury Department, is responsible for overseeing national banks.
Citi and Bank of America "got a systemic risk finding which allowed (for) open bank assistance, which allowed Treasury, the Fed and others to provide them money to avoid that failure," Bowman said.
http://www.reuters.com/article/GlobalFinancialRegulation09/idUSTRE53S6SO20090429

Certain payments going back 6 years can be clawed back
When in BK certain transfers can be rescinded – including dividends, and certain compensation.
This link discusses Madoff – but applies to any bankruptcy.
http://www.cardozo.yu.edu/MemberContentDisplay.aspx?ccmd=BlogDisplay&ucmd=UserDisplay&userid=10534&contentid=10212&folderid=2364&clt=Blog

Clawbacks are remedies under Sarbanes Oxley Section 304.
Link http://www.bowne.com/securitiesconnect/details.asp?storyID=995

Foward to your friends including your elected officials.
More than the righteous, religious and disappointing film from Michael Moore's Capitalism, it's a love story - take action NOW!

Want to know more:
What was known, knowable, unknown or unknowable among US agencies, officials, SEC, and NASD now called FINRA within that which was forseeable

Bernanke papers and speeches link
http://search.newyorkfed.org/search/search.jsp?text=bernanke+speeches&template=BOARD&type=adv&who=patx

AIG stops insuring Wall St brokerage firms against bankruptcy in 2003 (not a typo)
http://www.nytimes.com/2003/08/09/business/to-insurers-a-long-free-ride-is-looking-risky.html

SEC allows (certain firms on) Wall St to use new (proprietary) models to value house' trading book 2004 (not a typo)
http://www.sec.gov/news/openmeetings/agenda042804.htm
http://www.sec.gov/rules/final/34-49830.htm final rule Effective August 2004
http://dealbook.blogs.nytimes.com/2009/10/06/dealbook-dialogue-joseph-gundfestuncommon-wisdom/?scp=1&sq=sec%202004%20broker%20capital&st=cse
in particular READ the comment from Paul Wilkinson

Wall St and financial services industry annual IT spend - wanna guess how much?
If you guess any less than $300 Billion (not a typo) a year (yes annually) - you're a little short
http://www.celent.com/124_483.htm

It's not about being right, lucky - it's about one thing. Recognizing the obvious.
And in particular, Bernanke's papers were cited in other Fed "asset hangover" research as early as 1992, wrote or delivered speeches years BEFORE the so - called financial crisis washed up on shore last Fall. And the NY Fed carved out a new Commercial Paper category for Asset backed commercial paper in April 2006
http://www.federalreserve.gov/releases/cp/about.htm

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