[lbo-talk] Cohen: Hang a doomsday security around bankers' necks

Michael Pollak mpollak at panix.com
Fri Oct 8 04:37:25 PDT 2010


http://opinionator.blogs.nytimes.com/2010/10/07/make-wall-street-risk-it-all

October 8, 2010

New York Times

Make Wall Street Risk It All

By WILLIAM D. COHAN

<snip>

SINCE neither Goldman's example nor Dodd-Frank and Basel III will

change Wall Street's behavior, we have to find a new mechanism. To my

mind, its central feature should be that each of the top 100 executives

at Wall Street's remaining "systemically important" firms be personally

liable for the risks they take. Not just their unexercised stock

options or restricted stock, but every asset they have in their

possession: from their cars to their fancy homes to their bulging bank

accounts.

The days of privatizing the profits for Wall Street and socializing the

risks must end. As radical as this sounds, in truth it would be no

different from when -- before 1970 -- Wall Street was a series of

private partnerships.

We can't turn back the clock: Wall Street's big firms will never again

be private partnerships. Instead, I propose that each large Wall Street

firm create a new security that represents -- and is secured by -- the

entire net worth of its 100 top executives. This security would be

subordinated to all other creditors as well as to all preferred and

common shareholders; in other words, if a firm goes bankrupt, this

security is the first to be wiped out.

Had such a security existed at the time of the collapse of Lehman

Brothers, the net worth of the top 100 Lehman executives -- no doubt

totaling several billion dollars -- would have been collected after

liquidating everything they owned and paid to Lehman creditors, who

under the current system will be lucky if they get back 10 cents on the

dollar.

Wall Street's first reaction to this idea -- aside from profanities --

will be that it cannot possibly be done. Or that it would somehow

threaten the sanctity of our capital markets.

But, in fact, it can and should be done. Indeed, Wall Street has all

the intellectual capital it needs in its own archives to construct such

a security: in the old partnership days every partner signed an

agreement requiring him (and rarely her) to put his net worth on the

line every day. Surely, clever Wall Street lawyers can draft a

21st-century version of the old partnership agreement.

What's more, Wall Street should take the initiative to do this

unprompted. As John Whitehead warned, the banks' failure to show

responsibility will only invite more government intervention.

If, however, the firms balk, the S.E.C. should require this sort of

accountability from the senior managements as part of its new

regulations governing Wall Street compensation. Or Congress should take

advantage of the still-brewing outrage against Wall Street to force the

creation of such a security.

Pretty harsh, right? Maybe, but Wall Street deserves no sympathy. Had

this security, or something like it, been in place at every Wall Street

firm five years ago, there would have been no mortgage bubble, no

financial crisis, no deep and unsettling economic recession with nearly

10 percent unemployment, no need for the Troubled Asset Relief Program,

and no need for Dodd-Frank or Basel III.

Why? Because human beings do what they are rewarded to do -- especially

on Wall Street -- and if they are rewarded for taking prudent and

sensible risks, that's exactly what they will do.

<end column>

Michael



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