From CBSNews.com AIG's Fall: Bad Business or Criminal Acts?
(CBS) A $5 million Connecticut mansion. A $4 million London townhouse. A $7 million English estate. The houses are owned by three men CBS News has learned are now the subjects of a Justice Department criminal investigation into how AIG crumbled.
Sources say investigators are digging into whether Joseph Cassano, the former head of London-based AIG Financial Products, and two of his top deputies - Andrew Forster, an executive vice president, and Thomas Athan, a managing director - committed securities fraud and other federal crimes, reports CBS News chief investigative correspondent Armen Keteyian.
Now, the Justice Department is going to look at whether the Cassano gang committed securities fraud with misleading statements surrounding the groups earnings. To me, this is like New York City 1977 when the NYPD nailed "Son of Sam" David Berkowitz on unpaid parking tickets. What they really should look into, as long as they are there, is whether or not AIG Financial Products has been a criminal enterprise for the last decade or so. And when I say criminal enterprise I'm talking BILLIONS UPON BILLIONS of potentially fraudulent activities that mistated the earnings and reserve levels of some of our biggest insurance groups. We have talked about this before but read this again from The Institutional Risk Analyst AIG: Before Credit Default Swaps There Was Reinsurance.
Upon reading IRA's piece, which I haven't seen anyone rebut, including old man Greenberg (We'll get to him in a minute), I wrote this;
Wow. One of our readers sent us this yesterday from The Institutional Risk Analyst AIG: Before CDS There Was Reinsurance. I have to tell you I feel like an idiot. I never put two and two together like IRA does. Back when we first started this blog (December 2007), back when it was a green on black ALL CAPS start-up, I wrote a little parody on the defense strategy of General Reinsurance (Gen Re) former CEO Ronald Ferguson. Ferguson and some of his lieutenants were going on trial for illegal transactions that they did with AIG back in 2000-1. The transactions were sham reinsurance deals where AIG would reinsure risk on Gen Re's books, Gen Re would pass money to AIG as a large"fee" for this reinsurance, which would go to inflate AIG's reserves and then a secret "side letter" was written that essentially said AIG wouldn't actually be on the hook for any of the risk they had reinsured (dizzy yet?). For this service AIG would pay Gen Re $5 million. These transactions were housed in the quaintly named "Loss Portfolio Transaction" Book.
It was important for AIG to inflate its reserve levels because the market (I'd say regulators but that would be kind of silly) was begining to question AIG's falling reserve levels. Analysts say that if AIG and not performed these sham transactions, the company would have shown three consecutive quarters of declining reserves. IRA shows that AIG was really smoke and mirrors a lot earlier than 2007. The discovery of these transactions got Hank Greenberg bounced from AIG. Gen Re's CEO's defense was that he had the full support of HIS boss, Warren Buffett. This claim could not be proven at Ferguson's trial and he was convicted and sent to the clink for two years. For fun, back in early 2008, I wrote a little fantasy conversation that Ferguson and WEB would have had if Ferguson's allegations were correct;
Ferguson: “So chief, we have this great idea. AIG is going to reinsure us on $500 million of policies and we pay AIG a fee of $500mm. But don’t worry, see AIG is going to pay us back with an above market rate of interest and in return we aren’t going to hold AIG accountable for any of the risk they “reinsure for us.” So AIG gets to overstate their reserve position by $500mm and we get FIVE MILLION DOLLARS!!”
Buffet: “Hmm, that’s intriguing Fergie…let me think, my $200 billion empire and 50 years of impeccable credibility on the one hand and a unimaginative scam to help my dear friend Greenberg over at AIG for the princely sum of $5 million on the other.….That sounds about the right risk reward relationship…make the deal…but see if you can get him to $5.5mm just for giggles.”
Anyway, the claim that IRA makes, which makes a lot of sense to me considering all the phony "reinsurance deals AIG was running with side letters nullifying the economic risk of the transaction, is that as the law started getting wise to these reinsurance scams, AIG just shifted the game over to Credit Default Swaps. In fact, according to IRA the CDS king of AIG, Joe Cassano was a big player in these "Loss Portfolio Transactions." It was all a big shell game with AIG running the table with more- than-willing partners, to inflate each others capital and/or reserve levels.
Why does this potentially make AIG's CDS contracts invalid and illegal and hence, not enforceable? From IRA's piece;
The key point is that neither the public, the Fed nor the Treasury seem to understand is that the CDS contracts written by AIG with these various non-insurers around the world were shams - with no correlation between "fees" paid and the risk assumed. These were not valid contracts as Fed Chairman Ben Bernanke, Treasury Secretary Geithner and Economic policy guru Larry Summers claim, but rather acts of criminal fraud meant to manipulate the capital positions and earnings of financial companies around the world.
Indeed, our sources as well as press reports suggest that the CDS contracts written by AIG may have included side letters, often in the form of emails rather than formal letters, that essentially violated the ISDA agreements and show that the true, economic reality of these contracts was fraud plain and simple. Unfortunately, by not moving to seize AIG immediately last year when the scandal broke, the Fed and Treasury may have given the AIG managers time to destroy much of the evidence of criminal wrongdoing.
If this is even half true then we are just getting warmed up.
If I were Hank Greenberg, I would be real scared right now and I certainly wouldn't be running my mouth to Becky Quick and the other nice young man at CNBC every third morning of the week. This, as our dear friend Carl Sabatino would say, "Kacka-Lacka" started a looooooong time before Hank got tossed out of the building in 2005. So if I were Hank, I'd be wiring my money off to a place that DOJ can't get to it and then I'd be...........leaving!