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Mar. 27 2009 - 11:41 am | 9 views | 0 recommendations | 0 comments

Do we really want to abrogate contract law?

The hysteria over AIG continues. Now the big outrage is that it used bailout money to pay off banks around the world. Taxpayers, whose 401Ks are already in the toilet, take a haircut, while Goldman Sachs gets 100 cents on the dollar.

Sure, it’s galling. But it’s galling when a murderer gets off on a technicality, too. I still wouldn’t change the system…

AIG had contracts with these guys, plain and simple. If it broke those contracts, why would anyone want to do business with it again — thus even further diminishing the value of the assets the taxpayers now own?  And if the government encouraged — what I really mean here is forced — AIG to break those contracts, why would anyone do business with a government-supported entity again?

And let’s go even farther. If the government makes it clear that it’s okay to renege on contracts if you’re in a financial hole, why should I trust FDIC-insured bank accounts? Seems much smarter to pull my money out and stuff it in my bra.  That kind of attitude would really help the banking system, right?

The banks and investment firms that ended up with A.I.G.’s bailout money last fall were, in many cases, counterparties to derivatives contracts it had sold, known as credit-default swaps, which guaranteed the value of assets in their investment portfolios. Had A.I.G. not been bailed out, and simply allowed to go bankrupt, they would have suffered investment losses running into the billions of dollars.

via Lawmakers Ask Why A.I.G. Paid Counterparties – NYTimes.com.


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    I graduated from Cornell with a degree in child psychology, enough years ago so that all you needed to break into journalism was willingness to starve. I went into business journalism because, in the 60s, the business press was the crusading press, the ones that wrote about environment, race relations, etc. Since then I have worked for Business Week, Chemical Week and, from 1984 through May 2008, BizDay at the New York Times. I remain bored by and ignorant of esoteric financial instruments; I remain fascinated and pretty knowledgeable about management, marketing, environment, all the non-financial aspects of business. But my true passions? Tennis, both playing and watching, and food, both cooking and eating.

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