Wall St banks are on notice that bonus payouts will face legal scrutiny and even a court challenge if they do not take account of taxpayers' role in bailing them out.
New York's attorney general, Andrew Cuomo, yesterday wrote to the eight largest recipients of United States government money in2008 demanding extensive information about bonus payments and policies.
His intervention comes as Wall St banks prepare to tell employees how much they will share in last year's bumper profits, which could make the bonus season one of the most lucrative on record.
The White House was last night said to be considering a windfall tax as a way of responding to public fury over bonuses.
"Taxpayers paid a terrible price for this past economic recession," Cuomo said. In potentially the most explosive part of the dialogue between the two sides, banks are being asked by Cuomo to guess what this year's bonuses would have been if they had not received bailout money.
Banks have wrestled with how to reform compensation practices, as well as whether to reduce the proportion of revenues traditionally set aside for employees. Don Lindner, compensation expert at WorldatWork, an association of human resources groups, said a greater proportion of bonuses at top levels will be paid in stock, instead of cash, but that the size of bonuses is not likely to be crimped.
"Almost everybody, including back office staff and secretaries, usual takes a low salary and a big proportion of their compensation in bonus. If they are getting more in stock and are required to hold that stock over time, employees may take a bit of a hit, even if the headline size of the bonus is quite large," Lindner said.
At Goldman Sachs, the most powerful of Wall St's banks, executives set aside US$16.7 billion ($22.5 billion) for compensation in the first nine months of 2009, and the full-year total could be about US$600,000 per employee, although that masks wide variations.
