When an executive gets a bonus, he should be able to keep it, no matter what happens to his company later. It was given to him by his board of directors. It is their right. Most senior management people have employment contracts. It is all legal. Bonuses drive performance and help retain people who might take jobs elsewhere.
Andrew Cuomo, son of a former governor of New York State, and a man who would like that job, is the Attorney General of the Empire State. He looks at management bonuses a bit differently. He is going after AIG (NYSE: AIG) management compensation to make his point.
According to The New York Times, "The board awarded its chief executive officer a cash bonus of over $5 million and a golden parachute worth $15 million," Mr. Cuomo wrote in a letter to AIG's board. He proposes to take action against the insurance company if it does not relent, but it is not clear what that action would be.
No matter how much popular support there is for cutting huge executive compensation packages, Cuomo wants to undermine the rights of public company boards to use their own judgments on how to handle pay packages for their own senior managers. Cuomo wants to restrict corporate boards from exercising rights which they have had for decades. Will he want to decide how boards compensate management at steel companies or fast-food firms? Where does it end?
Cuomo is out of bounds.
Douglas A. McIntyre is an editor at 247wallst.com.











Reader Comments (Page 1 of 1)
10-16-2008 @ 11:09AM
aunt said...
Are you kidding me?
If Aig's board was doing their job they would have known that their executives were not doing their job. How can you give bonuses to executives if a company goes bankrupt! Oh wait a minute, lets think about this on our private jet to Europe where we will go on a squab hunt. Oh, I don't have a private jet.
Oh please!
10-16-2008 @ 11:24AM
DP said...
If shareholders really had rights they would never have approved such ridiculous pay packages. The CEOs and board executives report only to themselves and can squander the companies resources for their own gains. Why does a CEO need 500,000X the compensation of the lowest paid employees? Where does it end? Oh yeah, with the government(taxpayer) cleaning up the mess.
10-16-2008 @ 11:48AM
beanspants said...
normally, i'd agree with you, but when the gov't gets a hand in bailing you out, then they get to look at your recent past, current, and future expenses, and take the cuts necessary.
if you want to pay your CEO what you want, then don't ask the taxpayers for help to make that payment.
10-16-2008 @ 1:16PM
jmt said...
The corporate world is a greedy world. Pay employees low wages, give no benefits or pensions to reward loyal long term service and out source jobs. Now these employees are to pay the bailout price. Nice work!
10-16-2008 @ 1:35PM
al coholic said...
Well Doug, what do you say to comments #3 and #4. I'd say they have a point.
10-16-2008 @ 4:59PM
tampaman said...
The corporate boards of the major U.S. companies are a "good old boy(and now women" network. I appoint you to my board , and you appoint me to your board. Just check out the inter-locking directorships when you receive your annual reports! So if the govenment is going to bail out lousy management, not only should they be fired, but the board of directors who permitted them to get away with it while collecting their huge annual retainers should also be fired. You want bailed out, you want taxpayer money, then expect lots of strings attached. Is it happening ? No. That is why we continue to have obscene payouts to failed executives and great parties. Oh yea, I should have cancelled that last one! Really? Dah!
10-16-2008 @ 5:49PM
Suzanne said...
Cuomo is not only NOT out of bounds, but I hope to god he could under the law, replace the dumbass board of directors. Cuomo acts on behalf of the will of the people. Remember us? This is a government of, by, and for the people. Not your ***damned business executives...better known lately as white collar CRIMINALs.
10-16-2008 @ 6:45PM
bolero said...
I agree with comment #3. The Board clearly isn't operating with the best interests of the shareholders in mind. AIG sought and received Government help. That should give the Government (specifically AG Cuomo) the right to review and revoke past actions of the board that are clearly contrary to the shareholders' interests.
I hope that the hyper-greedy/aggressive corporate mentality that was lionized in the 80s as "Greed is Good" is coming to an end. I want rational and moderate corporate governance to become the standard. That includes reasonable wages for corporate executives that fall in line with furthering shareholders interests. That means giving corporate executives salaries and benefits that will attract the best and brightest to run the companies, but isn't so high as to force Corporate Boards to continue putting good money in after bad as these over-compensated corporate execs make decisions that further their own interests instead of the stockholders.
10-16-2008 @ 8:27PM
William O. said...
Under normal circumstances, I'd have to agree with you, but in this instance we, the people of The USA, just bailed out this outfit when they went bankrupt. As I understand it, when you or I go bankrupt, we have to account for our spending for a period of time prior to the filing and if it's out of line we are expected to compensate for it. Why would these people feel that they are above the same law?
10-16-2008 @ 9:47PM
Patrick said...
I agree with the majority, when the US citizens have to bail you out then you have to be held accountable to us, or our reps the US government. Additionally we should also be asking for the money spent on resorts and hunting trips back and who ever ok'd these expenditures terminated.
10-18-2008 @ 8:38AM
frame said...
AIG is a real piece of workmanship. Who are they held accountable to for the misuse this time? I hope they have to pay back what they were given and have to bail themselves out. We as taxpayers could certainly put that money to better use. God help those greedy wretches.
10-23-2008 @ 1:48AM
Mike said...
It's obvious that contract law has reached a new low in this country. Is it any wonder why nobody has faith in written contracts any more? A homeowner signs a contract to recieve financing on a house, but neither the lender or homeowner want to enforce the terms. Similarly, the executives at AIG and other companies had valid legal agreements regarding executive compensation which were executed well before the government intervention. Now those legal agreements are being challenged. I agree that executive compensation has gotten out of hand and it should be scrutinized going forward. But previous agreements should be honored, just as original mortgage terms should be honored and enforced. You can't talk out of both sides of your mouth and expect defaulting homeowners to live up to their contractual terms but then turn around and want to break equally legal contracts that were executed for corporate executives.