The facts and figures are all but familiar to those who haven't been living under a rock: $165 million paid to an estimated 400 AIG executives, HR1586 passing with flying colors (328-93) with the promise to return 90% of all post-January 2009 retention payments to the tax base, and an outraged public. Sure enough, it doesn't require a Harvard mathematician to figure out that the average bonus handed out per executive was $165million/400 = $412,500 – an amount more than what 90% of American households make in a given year. Some reporters of the Associated Press have even reported what they think is a more accurate figure of the amount handed: $218 million.
Regardless of what the real amount was, for the purposes of my mini-analysis, it will suffice to say that this recent action (both on the part of those handing out the bonuses and those accepting them) was unwarranted. By unwarranted we mean unethical, or simply put as violating an implicit social contract meant to enhance the aggregate benefit to society. We need not get into a meta-ethical debate as to the exact definitions of ethics and actions which qualify as ethical or unethical. Most, if not all, would agree that distribution and acceptance of $165million retention payments given in the current temporal context was unethical.
We move on to the essence of the analysis. My thesis: HR1586 will be almost completely ineffective in eradicating prospective corrupt usage of American tax dollars by bailed-out corporations. It might effectively collect 90% of the $165million handed out to AIG executives. However, it still keeps open possible instances of future scandals of the sort. Why? Suppose you are an executive in a non-AIG firm receiving bailouts with overwhelming influence on the preparation and distribution of bonus payments. Your line of reasoning – given that you capably carry sound judgment – will go as follows:
AIG execs got away with 10% of their distributed bonuses; therefore even in a worst case where 90% of my bonuses were taxed, I can still creep away with 10% of the money which was not even mine to begin with. Not bad, I think giving this a shot can help me more than it can hurt me. And even if some Draconian move on Congress's part took away 100% of my bonuses, my firm will in essence have lost only a fraction of the bailout originally received, which will hardly make a dent in my firm's current operations and cash flows. Therefore, I have myself a win-break even situation; where I win in a best case, and break even in a worst (and even unprecedented) case.
Simply put, the lack of punitive action on the part of both the House and Senate will not necessarily avoid (and even possibly give leeway to) similar instances of corruption and greed in the future. Then what solution, if any, do I have to offer? Abstractly speaking, an ideal solution will be one that perpetuates AIG's business transactions (as the company is indeed “too big to fail”) while having the scandal-inducing executives and decision-makers serve both punitive and compensatory sentences. By this I do not mean jail-time, as putting managers behind bars is inconsistent with a firm's operational perpetuation. The compensatory sentence is simple, a 100% tax on the bonuses will suffice. The punitive sentence will undoubtedly become the heat of more controversy: income and asset redistribution of up to 50% of all executives willing to receive American tax dollars in the form of retention payments. A loss of 50% of a given year's annual income and all personal assets will still keep executives' continued work in the firm as personally more beneficial than quitting altogether. This is only a ballpark estimation of the sort of punitive action that must be carried out to effectively eradicate the problem from its root. The redistribution may be slightly higher or lower than 50%, however it must be substantial to remain effective. And that is ultimately what we need – namely continued operations of these firms with gargantuan disincentives of future scandals of the sort.