Catfight Over Clawing Back Banker Pay

27.09.2011
For a month now, the Federal Deposit Insurance Corp. has had the power to recoup compensation paid to execs with financial institutions -- if, that is, the institution is taken over by a government agency, and it's shown that the executive acted recklessly. But whether this new regulatory ability will discourage excessive risk-taking on the part of executives, or simply will limit their ability to do their jobs, is being hotly debated. "

, which took effective Aug. 15, allows the FDIC, as the receiver of a financial company, to "recover from senior executives and directors who were substantially responsible for the failed condition of the covered financial company any compensation they received during the two-year period preceding the date on which the FDIC was appointed as receiver, or for an unlimited period in the case of fraud."

As most executives know, their compensation -- particularly if they work at a financial firm that accepted monetary help from taxpayers -- has become a flashpoint among the public. Between 2006 and 2008, the top five executives at the 20 banks that accepted the most federal bailout dollars, at that point in the financial crisis, averaged $32 million each in personal compensation, , which bills itself as a progressive think-tank.

Perhaps more than the level of executive compensation, its structure, particularly within the financial industry, has become a concern. "Is executive compensation, as it's established within the financial industry, conducive to increasing moral hazard and risk taking?" asks Gerald Hanweck, professor of finance at George Mason University, and previously a visiting scholar with the FDIC.

"It certainly is," he answers his own question.