| 00:00:282 min. |
Waxman, Henry - U.S. Representative, [D] California
(Strikes gavel.) The committee will please come back to order. Our second panel consists of five of the most successful hedge fund... |
| 00:02:31 |
Soros, George - Founder and Chairman
Thank you, Mr. Chairman. |
| 00:02:31 |
Waxman, Henry - U.S. Representative, [D] California
There's a button, yup. |
| 00:02:317 min. |
Soros, George - Founder and Chairman
Thank you. We are in the midst of the worst financial crisis since the 1930s. The salient feature of the crisis is that it was not caused... |
| 00:09:33 |
Waxman, Henry - U.S. Representative, [D] California
Thank you very much, Mr. Soros. Mr. Simons? |
| 00:09:33 |
Simons, James - President
Oh. Okay. Well, good morning, Chairman -- |
| 00:09:3312 sec. |
Waxman, Henry - U.S. Representative, [D] California
There's a button on the base of the mike. Be sure to press it in and pull the mike closer. |
| 00:09:45 |
Simons, James - President
No, I think it's on. |
| 00:09:45 |
Waxman, Henry - U.S. Representative, [D] California
Okay, good. |
| 00:09:45 |
Simons, James - President
Is it on? Yeah. |
| 00:09:452 sec. |
Waxman, Henry - U.S. Representative, [D] California
Good. Thanks. |
| 00:09:477 min. |
Simons, James - President
Good morning, again, Chairman Waxman and Ranking Member Davis, members of the committee. I'm Jim Simons. I'm chairman of Renaissance Technologies.... |
| 00:16:525 sec. |
Waxman, Henry - U.S. Representative, [D] California
Thank you very much, Mr. Simons. Mr. Paulson. |
| 00:16:5729 sec. |
Paulson, John Alfred - President
Chairman Waxman, Ranking Member Davis and members of the committee, thank you for inviting me to appear today. Paulson & Co. is an investment... |
| 00:17:267 sec. |
Waxman, Henry - U.S. Representative, [D] California
Is your -- there's a question whether your mike is on. There's a button on the base of the mike. Is it pressed or is it -- yes. |
| 00:17:334 min. |
Paulson, John Alfred - President
All of the investment funds we manage are open only to "qualified purchasers," those with the minimum 5 million (dollars) in investable... |
| 00:22:24 |
Waxman, Henry - U.S. Representative, [D] California
Thank you very much, Mr. Paulson. Mr. Falcone. |
| 00:22:246 min. |
Falcone, Philip A. - Senior Managing Partner
Thank you, Chairman Waxman, Ranking Member Davis and other members of the committee. My name is Philip Falcone. I am the senior managing... |
| 00:29:16 |
Waxman, Henry - U.S. Representative, [D] California
Thank you very much, Mr. Falcone. Mr. Griffin. |
| 00:29:164 min. |
Griffin, Kenneth C. - President and CEO
Mr. Chairman, Congressman Davis and distinguished members of the committee, my name is Kenneth Griffin, and I am the founder and CEO of... |
| 00:34:152 min. |
Waxman, Henry - U.S. Representative, [D] California
Thank you very much, Mr. Griffin. We're now going to -- (audio break) -- members of the panel, who will each have five minutes each. I want... |
| 00:36:1645 sec. |
Soros, George - Founder and Chairman
Yes, I think that some hedge funds do pose a systemic risk. And I think particularly leveraged capital was built on a false conception. I... |
| 00:37:014 sec. |
Waxman, Henry - U.S. Representative, [D] California
Do you believe this justifies greater federal regulation? |
| 00:37:05 |
Soros, George - Founder and Chairman
Pardon? |
| 00:37:054 sec. |
Waxman, Henry - U.S. Representative, [D] California
Do you believe this justifies greater federal regulation? |
| 00:37:09 |
Soros, George - Founder and Chairman
Yes, it does. |
| 00:37:096 sec. |
Waxman, Henry - U.S. Representative, [D] California
Thank you. Mr. Simons? |
| 00:37:15 |
Simons, James - President
Yeah, well, certainly the -- |
| 00:37:15 |
Waxman, Henry - U.S. Representative, [D] California
Is your mike on? |
| 00:37:1540 sec. |
Simons, James - President
Yeah, it is. Certainly the possibility exists that an individual hedge fund or hedge funds in aggregate could cause -- be a cause of systemic... |
| 00:37:55 |
Waxman, Henry - U.S. Representative, [D] California
Thank you. Mr. Paulson? |
| 00:37:55 |
Paulson, John Alfred - President
I think the risk -- |
| 00:37:55 |
Waxman, Henry - U.S. Representative, [D] California
Is your button pressed on the mike? |
| 00:37:55 |
Paulson, John Alfred - President
Yes. |
| 00:37:558 sec. |
Waxman, Henry - U.S. Representative, [D] California
Okay. |
| 00:38:031 min. |
Paulson, John Alfred - President
I think the systemic risk in the financial system -- and that includes hedge funds as well as banks and other financial institutions --... |
| 00:39:235 sec. |
Waxman, Henry - U.S. Representative, [D] California
Do you think, therefore, that there ought to be more government regulation on the -- |
| 00:39:28 |
Paulson, John Alfred - President
I think that -- |
| 00:39:28 |
Waxman, Henry - U.S. Representative, [D] California
-- of the hedge funds and particularly on leverage? |
| 00:39:2819 sec. |
Paulson, John Alfred - President
Yes, yes. I think that the equity requirements of financial institutions need to be raised, and the margin requirements, the amount of capital... |
| 00:39:47 |
Waxman, Henry - U.S. Representative, [D] California
Thank you very much. Mr. -- |
| 00:39:4757 sec. |
Paulson, John Alfred - President
I may add just one point, is that in all the trillions of government support globally to try and stem this financial disaster, not one dollar... |
| 00:40:44 |
Waxman, Henry - U.S. Representative, [D] California
Good point. Thank you. Mr. Falcone? |
| 00:40:441 min. |
Falcone, Philip A. - Senior Managing Partner
Yes. I think that any institution that has a pool of capital at its availability and uses reckless leverages indeed poses a systemic --... |
| 00:41:47 |
Waxman, Henry - U.S. Representative, [D] California
Thank you. Mr. Griffin? |
| 00:41:471 min. |
Griffin, Kenneth C. - President and CEO
Mr. Chairman, as you referred to Long-Term Capital's consortium bailout in 1998, it is important to remember it was a private-market solution... |
| 00:43:0214 sec. |
Waxman, Henry - U.S. Representative, [D] California
Thank you. Well, the private-market solution was organized by the Fed, so it wasn't without some public intervention. But is it your conclusion... |
| 00:43:16 |
Griffin, Kenneth C. - President and CEO
I do not -- |
| 00:43:16 |
Waxman, Henry - U.S. Representative, [D] California
-- because of the systemic risks? |
| 00:43:16 |
Griffin, Kenneth C. - President and CEO
No. |
| 00:43:164 sec. |
Waxman, Henry - U.S. Representative, [D] California
Okay. |
| 00:43:207 sec. |
Griffin, Kenneth C. - President and CEO
It is not my belief that we need greater government regulation of hedge funds with respect to the systemic risk they create. |
| 00:43:27 |
Waxman, Henry - U.S. Representative, [D] California
Okay. |
| 00:43:2722 sec. |
Griffin, Kenneth C. - President and CEO
And to be very direct, we've gone through a financial tsunami in the last few weeks. And if we look at where the failure stress points have... |
| 00:43:4951 sec. |
Waxman, Henry - U.S. Representative, [D] California
Well, our expert witness in the first panel testified they believe hedge funds do pose systemic risk -- former FCC Chairman David Ruder... |
| 00:44:4040 sec. |
Davis, Thomas "Tom" M. - U.S. Representative, [R] Virginia
Thank you, Mr. Chairman. I would ask -- and let me just amplify your question and they can answer a question you just posed, because our... |
| 00:45:205 sec. |
Griffin, Kenneth C. - President and CEO
So on the issue of disclosure of positions or aggregate risk factors, we would, at Citadel, not be adverse to that so long as the information... |
| 00:45:25 |
Davis, Thomas "Tom" M. - U.S. Representative, [R] Virginia
Mr. Falcone? |
| 00:45:2550 sec. |
Falcone, Philip A. - Senior Managing Partner
I agree. I think that it's important to disclose the information to the -- to the appropriate regulatory agencies. We work long and hard... |
| 00:46:15 |
Davis, Thomas "Tom" M. - U.S. Representative, [R] Virginia
Mr. Paulson? |
| 00:46:159 sec. |
Paulson, John Alfred - President
Yes. As you know, we voluntarily registered with the SEC in 19 -- 2004 -- |
| 00:46:24 |
Davis, Thomas "Tom" M. - U.S. Representative, [R] Virginia
Is your mike on? |
| 00:46:2426 sec. |
Paulson, John Alfred - President
As you know, we voluntarily registered with the SEC in 2004. We believe, to the extent -- having a regulatory oversight over the policies... |
| 00:46:5014 sec. |
Simons, James - President
Yeah, I don't have much to add. I've already said, I think, my -- reporting up to the regulators is a good idea, more so than is now reported.... |
| 00:47:04 |
Davis, Thomas "Tom" M. - U.S. Representative, [R] Virginia
Would you agree that -- |
| 00:47:04 |
Simons, James - President
-- reported to The New York Times. |
| 00:47:0441 sec. |
Soros, George - Founder and Chairman
As I have said, I think regulators need to monitor positions more closely than they have done until now, but disclosing it to the public... |
| 00:47:4542 sec. |
Davis, Thomas "Tom" M. - U.S. Representative, [R] Virginia
Okay. Let me ask this -- a little off -- I asked Mr. Waxman. He's comfortable with me asking this. Do you have any opinions on what... |
| 00:48:2758 sec. |
Griffin, Kenneth C. - President and CEO
Congressman Davis, I believe that the decision to focus on injecting equities -- or equity or preferred equity into the banking system versus... |
| 00:49:2538 sec. |
Falcone, Philip A. - Senior Managing Partner
I've been in favor of TARP, to a certain extent, considering that it could be a safety net for isolated incidents. I don't believe however... |
| 00:50:033 min. |
Paulson, John Alfred - President
Congressman Davis, I do think it was a tremendous improvement, shifting the focus of TARP from buying assets, which has very little impact... |
| 00:53:532 min. |
Simons, James - President
Okay. Well, it was generally agreed that the original goal of TARP to buy some of this paper was perhaps not the best idea and more leverage... |
| 00:56:10 |
Davis, Thomas "Tom" M. - U.S. Representative, [R] Virginia
Yes. (Mr. ?) Soros -- |
| 00:56:102 min. |
Soros, George - Founder and Chairman
I'm on record in -- of being very critical of the original TARP proposal. And I'd like to go on record saying that while it is a great improvement... |
| 00:58:44 |
Davis, Thomas "Tom" M. - U.S. Representative, [R] Virginia
Thank you all. |
| 00:58:4451 sec. |
Towns, Edolphus - U.S. Representative, [D] New York
Let me tell my colleague, he has no time to yield back. (Laughter, cross talk.) Let me just ask a question and just go right down the line... |
| 00:59:351 min. |
Griffin, Kenneth C. - President and CEO
Sir, the last eight weeks have been a challenging eight weeks for Citadel. We've had a very successful 18 years holistically but we've had... |
| 01:00:44 |
Towns, Edolphus - U.S. Representative, [D] New York
Mr. Falcone. |
| 01:00:441 min. |
Falcone, Philip A. - Senior Managing Partner
I think in looking at what's happened over the past eight weeks versus what's happened over previous history, in the financial markets,... |
| 01:02:15 |
Towns, Edolphus - U.S. Representative, [D] New York
Okay. Mr. Paulson. |
| 01:02:151 min. |
Paulson, John Alfred - President
Mr. Chairman, we conduct a lot of detailed analysis independent of the rating agencies. And -- REP./MR. : (Off mike.) Yes. Our firm... |
| 01:03:54 |
Towns, Edolphus - U.S. Representative, [D] New York
Thank you. Mr. Simon? |
| 01:03:541 min. |
Simons, James - President
Okay. Well, I didn't have that kind of wisdom. Happily, the funds that we operate didn't require that kind of wisdom. So our principal fund... |
| 01:05:226 sec. |
Soros, George - Founder and Chairman
What's your question? I didn't fully understand your question. Was it how it affected our -- |
| 01:05:289 sec. |
Towns, Edolphus - U.S. Representative, [D] New York
Yes, how you seem to have been able to anticipate when others were not able to anticipate -- (inaudible) -- of the market. |
| 01:05:371 min. |
Soros, George - Founder and Chairman
I fully anticipated the worst financial crisis since the 1930s. But frankly, what has happened in the last eight weeks exceeded my expectations.... |
| 01:07:097 sec. |
Towns, Edolphus - U.S. Representative, [D] New York
Thank you very much. Thank all of you for your answers. The gentleman from Indiana. |
| 01:07:161 min. |
Souder, Mark Edward - U.S. Representative, [R] Indiana
Thank you, Mr. chairman. And I understand this is a financial hearing and I'm not going to get into other questions, but I just want to... |
| 01:08:171 min. |
Soros, George - Founder and Chairman
Well, to some extent, hedge funds do. And of course, we shouldn't put all the hedge funds in one category. There are different strategies... |
| 01:10:0154 sec. |
Souder, Mark Edward - U.S. Representative, [R] Indiana
Mr. Paulson, you said a little bit ago that you felt that the government need to get -- needed to get more involved in the fact that some... |
| 01:10:55 |
Paulson, John Alfred - President
Well, I think what leverage does it is exacerbates any move -- |
| 01:10:558 sec. |
Waxman, Henry - U.S. Representative, [D] California
Is your mike on, sir? Because -- |
| 01:11:0341 sec. |
Paulson, John Alfred - President
Yeah. The danger of leverage is that it exacerbates any type of market move, so almost every financial firm that has run into problems --... |
| 01:11:449 sec. |
Souder, Mark Edward - U.S. Representative, [R] Indiana
Mr. Griffin, you've been the most aggressive in saying that there shouldn't be regulation. How would you respond to the other comments there? |
| 01:11:531 min. |
Griffin, Kenneth C. - President and CEO
Well, let me -- let me be very direct on the point to regulation. Good regulation is good for every market participant. I mean, for (example... |
| 01:13:2812 sec. |
Souder, Mark Edward - U.S. Representative, [R] Indiana
Would -- if regulation goes too far, would your funds -- because I assume you all have foreign investment -- would we see this move offshore,... |
| 01:13:4026 sec. |
Griffin, Kenneth C. - President and CEO
It breaks my heart, when I go to Canary Wharf and I look at the thousands and thousands of highly paid jobs, in London in the derivatives... |
| 01:14:06 |
Souder, Mark Edward - U.S. Representative, [R] Indiana
Thank you. |
| 01:14:06 |
Towns, Edolphus - U.S. Representative, [D] New York
Thank you very much. The gentlewoman from New York. |
| 01:14:061 min. |
Maloney, Carolyn - U.S. Representative, [D] New York
Thank you. Thank you very much. And I would like to ask a question about a specific regulatory proposal, which is to require hedge... |
| 01:15:58 |
Soros, George - Founder and Chairman
Yes. |
| 01:15:5814 sec. |
Maloney, Carolyn - U.S. Representative, [D] New York
And Mr. Simons, you also in your testimony made a similar statement about transparency and appropriate regulation. So would you agree also... |
| 01:16:12 |
Simons, James - President
Yeah. |
| 01:16:1210 sec. |
Maloney, Carolyn - U.S. Representative, [D] New York
And I -- also Mr. Paulson, Mr. Falcone and Mr. Griffin, would you support additional information and transparency to regulators? |
| 01:16:2223 sec. |
Paulson, John Alfred - President
Congresswoman Maloney, you make a very good argument. I think given the size of the industry and the potential for systematic risk, such... |
| 01:16:45 |
Maloney, Carolyn - U.S. Representative, [D] New York
Mr. Falcone. |
| 01:16:4523 sec. |
Falcone, Philip A. - Senior Managing Partner
I agree. I think providing information to the regulatory agencies is very important. I think however it's very critical what they do, with... |
| 01:17:08 |
Maloney, Carolyn - U.S. Representative, [D] New York
Mr. Griffin. |
| 01:17:088 sec. |
Griffin, Kenneth C. - President and CEO
I think one of the challenges that we need to address, before we can get to the goals that you want to get to, is to have a common language... |
| 01:17:16 |
Maloney, Carolyn - U.S. Representative, [D] New York
That's important. |
| 01:17:1617 sec. |
Griffin, Kenneth C. - President and CEO
Every firm uses a different set of terminologies, a different set of representations to describe their portfolios. Until we create central... |
| 01:17:3358 sec. |
Maloney, Carolyn - U.S. Representative, [D] New York
Well, we are moving towards that direction, as you have read and know the Fed is moving in that direction. Mr. Paulson, I would like to... |
| 01:18:31 |
Paulson, John Alfred - President
Certainly. In terms of -- |
| 01:18:31 |
Maloney, Carolyn - U.S. Representative, [D] New York
And you could speak up into your mike? |
| 01:18:3151 sec. |
Paulson, John Alfred - President
Yes, certainly. In terms of using the TARP money for equity instead of buying assets is much more beneficial. And the benefit can be --... |
| 01:19:2211 sec. |
Maloney, Carolyn - U.S. Representative, [D] New York
And could you comment on the difference between the equity returned to the tax payer, 5 percent versus Great Britain, Switzerland and even... |
| 01:19:3330 sec. |
Paulson, John Alfred - President
Yes. Yes. So the -- so the change in TARP to buy equity instead of assets is very beneficial. But secondly, the terms that the Treasury's... |
| 01:20:034 sec. |
Maloney, Carolyn - U.S. Representative, [D] New York
Thank you. |
| 01:20:0749 sec. |
Paulson, John Alfred - President
So I think the three -- the three changes I would recommend is that for future equity injections, the government should get a higher dividend,... |
| 01:20:568 sec. |
Maloney, Carolyn - U.S. Representative, [D] New York
My time is expired. I wish I could ask many more questions. Thank all of you for your very insightful, important testimony. I yield back. |
| 01:21:04 |
Towns, Edolphus - U.S. Representative, [D] New York
Thank you very much. And the gentleman from Connecticut. |
| 01:21:0452 sec. |
Shays, Christopher - U.S. Representative, [R] Connecticut
Thank you, Mr. Chairman. (Audio break) -- five minutes, so I'd love some short answers. And I'm going to just focus on one individual, just... |
| 01:21:5615 sec. |
Soros, George - Founder and Chairman
I think earned income should be taxed as earned income. If you have a partnership arrangement and you -- and that allows you to pay capital... |
| 01:22:11 |
Shays, Christopher - U.S. Representative, [R] Connecticut
Okay, let me just cut you off. |
| 01:22:11 |
Soros, George - Founder and Chairman
-- to -- |
| 01:22:117 sec. |
Shays, Christopher - U.S. Representative, [R] Connecticut
Let me just cut you off, Mr. Soros, because you've answered the question. Do you all agree with it, or do you disagree? Do you all -- |
| 01:22:1812 sec. |
Soros, George - Founder and Chairman
No, I am in agreement with it being taxed as earned income, but I would take exception if this was only applied to hedge funds and not other... |
| 01:22:306 sec. |
Shays, Christopher - U.S. Representative, [R] Connecticut
I'm sorry. I thank you for answering -- finish the answer. Do you any of you disagree with that answer? |
| 01:22:3619 sec. |
Falcone, Philip A. - Senior Managing Partner
I disagree, to a certain extent. I think that hedge funds shouldn't be looked at differently, and it's really a function of the underlying... |
| 01:22:55 |
Shays, Christopher - U.S. Representative, [R] Connecticut
Okay. You've answered the question. I just have so little time. I don't mean any disrespect. |
| 01:22:55 |
Falcone, Philip A. - Senior Managing Partner
Okay. |
| 01:22:5523 sec. |
Shays, Christopher - U.S. Representative, [R] Connecticut
Mr. Griffin, I'm just going to focus in on you, because I just have to isolate one, and you're the furthest away from my district. So if... |
| 01:23:18 |
Griffin, Kenneth C. - President and CEO
The rules have changed over the years. That's not necessarily applicable anymore. |
| 01:23:18 |
Shays, Christopher - U.S. Representative, [R] Connecticut
But it's limited. |
| 01:23:186 sec. |
Griffin, Kenneth C. - President and CEO
Yes. |
| 01:23:2415 sec. |
Shays, Christopher - U.S. Representative, [R] Connecticut
What concerns me is that some funds say 20 percent profit, 1 percent management fee. I'm told that you don't do 1 percent management fee,... |
| 01:23:396 sec. |
Griffin, Kenneth C. - President and CEO
We do pass through cost. Cost, as we define, will include, for example, commissions paid to other firms -- |
| 01:23:45 |
Shays, Christopher - U.S. Representative, [R] Connecticut
So does it amount to more than 1 percent? |
| 01:23:45 |
Griffin, Kenneth C. - President and CEO
Yes, it does. |
| 01:23:4520 sec. |
Shays, Christopher - U.S. Representative, [R] Connecticut
Okay. I'm also told that some of your funds have done well and some haven't. And the accusation was that the funds that have done better... |
| 01:24:0511 sec. |
Griffin, Kenneth C. - President and CEO
That is completely inaccurate. I am the single largest investor in our largest funds, by a significant margin. I'm also the largest investor,... |
| 01:24:169 sec. |
Shays, Christopher - U.S. Representative, [R] Connecticut
So would your statement for the record be -- and under oath -- that you have investment in every fund that you have, or just some of the... |
| 01:24:256 sec. |
Griffin, Kenneth C. - President and CEO
I have a material -- several billion-dollar investment in Wellington and Kensington. |
| 01:24:31 |
Shays, Christopher - U.S. Representative, [R] Connecticut
Right. |
| 01:24:316 sec. |
Griffin, Kenneth C. - President and CEO
And I have an investment in the several hundred millions of dollars in our other funds. |
| 01:24:377 sec. |
Shays, Christopher - U.S. Representative, [R] Connecticut
Okay. And in the one that you have the most investment in -- has that done the best or the worst or somewhere in between? |
| 01:24:44 |
Griffin, Kenneth C. - President and CEO
Regretfully, it has done the worst. |
| 01:24:4432 sec. |
Shays, Christopher - U.S. Representative, [R] Connecticut
Okay. Let me ask all of you, then, do you think that you should be required to have your funds -- your own personal funds in every fund that... |
| 01:25:1612 sec. |
Soros, George - Founder and Chairman
Well, I -- exactly in order to avoid this kind of conflict of interest, I only have one fund, and all my assets are in that fund. |
| 01:25:282 sec. |
Shays, Christopher - U.S. Representative, [R] Connecticut
Okay. Has that fund done better or worse than your other funds? |
| 01:25:30 |
Soros, George - Founder and Chairman
There's no comparison. It's the only one. |
| 01:25:308 sec. |
Shays, Christopher - U.S. Representative, [R] Connecticut
Okay. I'm sorry. You just have one fund. Yeah, I'm sorry. Thank you. |
| 01:25:38 |
Simons, James - President
Oh, okay. Well, no, we -- I have -- |
| 01:25:38 |
Shays, Christopher - U.S. Representative, [R] Connecticut
I can't hear you. You're mumbling. |
| 01:25:38 |
Simons, James - President
Well, all right. Is that better? |
| 01:25:387 sec. |
Shays, Christopher - U.S. Representative, [R] Connecticut
Yup. |
| 01:25:4517 sec. |
Simons, James - President
All right. I have substantial amounts of money in the three different funds that we manage. I think that that question is generally asked... |
| 01:26:02 |
Shays, Christopher - U.S. Representative, [R] Connecticut
Yeah. |
| 01:26:024 sec. |
Simons, James - President
Does he have a match? So to a large extent, I think that issue is taken care of by the market -- |
| 01:26:068 sec. |
Shays, Christopher - U.S. Representative, [R] Connecticut
So you've answered the question. Thank you. Paulson? |
| 01:26:146 sec. |
Paulson, John Alfred - President
Yes. All my assets are invested in the funds that we manage. I don't have any outside investments. |
| 01:26:208 sec. |
Falcone, Philip A. - Senior Managing Partner
I think it's very important that the manager aligns themselves with the investors. And in my situation, I'm the largest investor of both... |
| 01:26:28 |
Shays, Christopher - U.S. Representative, [R] Connecticut
Thank you all. Thank you. |
| 01:26:287 sec. |
Towns, Edolphus - U.S. Representative, [D] New York
Thank you very much. The gentleman from Maryland. |
| 01:26:352 min. |
Cummings, Elijah - U.S. Representative, [D] Maryland
Thank you very much, Mr. Chairman. Mr. Soros, Mr. Souder had some comments about you a little bit earlier. And I just want to let you know... |
| 01:29:08 |
Paulson, John Alfred - President
Well, we certainly appreciate your -- |
| 01:29:084 sec. |
Cummings, Elijah - U.S. Representative, [D] Maryland
I want you to keep your voice up for my questions. |
| 01:29:1244 sec. |
Paulson, John Alfred - President
Yeah. We certainly appreciate your concern for fairness in the tax code. But I will -- (audio break) -- our tax -- our tax situation is... |
| 01:29:5614 sec. |
Cummings, Elijah - U.S. Representative, [D] Maryland
But this is -- this is about money that you are managing for other people, not -- it's not your money, right? In other words, you said if... |
| 01:30:1029 sec. |
Paulson, John Alfred - President
The way -- the way partnership accounting works, if you -- if the partnership owns an asset for more than a year, that asset is taxed at... |
| 01:30:39 |
Cummings, Elijah - U.S. Representative, [D] Maryland
Do you have an opinion, Mr. Falcone? |
| 01:30:3944 sec. |
Falcone, Philip A. - Senior Managing Partner
Yes, I do. I think that the important thing to realize that hedge funds, quite frankly, are not and probably should not be treated any differently... |
| 01:31:2310 sec. |
Cummings, Elijah - U.S. Representative, [D] Maryland
So would any of you support repealing this tax loophole -- (audio break) -- regular income rate? Mr. Soros, I can't hear you. |
| 01:31:33 |
Soros, George - Founder and Chairman
I agree to it. I have no problem with it. |
| 01:31:335 sec. |
Cummings, Elijah - U.S. Representative, [D] Maryland
Mr. Simons, a little louder. |
| 01:31:3811 sec. |
Simons, James - President
Yeah, I said, the carried interest portion represented by other people's money, if that were raised to higher levels, that would be okay... |
| 01:31:495 sec. |
Cummings, Elijah - U.S. Representative, [D] Maryland
Mr. Falcone, you just stated your position, I think, right? |
| 01:31:54 |
Falcone, Philip A. - Senior Managing Partner
Yes, I did. |
| 01:31:54 |
Cummings, Elijah - U.S. Representative, [D] Maryland
Mr. Paulson. |
| 01:31:5420 sec. |
Paulson, John Alfred - President
Yeah, I would. I don't think it is a loophole. The carried interest merely passes through the nature of the income to the partners. If it's... |
| 01:32:14 |
Cummings, Elijah - U.S. Representative, [D] Maryland
Mr. Griffin. |
| 01:32:1450 sec. |
Griffin, Kenneth C. - President and CEO
I think tax equity is incredibly important. And most of the income if not all of the income that I generate is subject to either ordinary... |
| 01:33:04 |
Cummings, Elijah - U.S. Representative, [D] Maryland
I assume my time is up. Thank you. |
| 01:33:045 sec. |
Towns, Edolphus - U.S. Representative, [D] New York
Thank you very much. Mr. Tierney. |
| 01:33:098 sec. |
Tierney, John - U.S. Representative, [D] Massachusetts
Just to follow up on that, Mr. Griffin, when you use your analogy about the restaurant when you're the chef, the money you earn for being... |
| 01:33:17 |
Griffin, Kenneth C. - President and CEO
That's correct, sir. |
| 01:33:177 sec. |
Tierney, John - U.S. Representative, [D] Massachusetts
When you're managing other people's money, you're in effect the chef of that process. You should get taxed for those earnings at the regular... |
| 01:33:244 sec. |
Griffin, Kenneth C. - President and CEO
And management fees are taxed as ordinary income, sir. |
| 01:33:285 sec. |
Tierney, John - U.S. Representative, [D] Massachusetts
Well, which one are you talking about, the management fees, the 1 or 2 percent or the 20 percent? |
| 01:33:335 sec. |
Griffin, Kenneth C. - President and CEO
The management fees are generally taxed as ordinary income for most firms. |
| 01:33:382 sec. |
Tierney, John - U.S. Representative, [D] Massachusetts
What are you referring to as the management fees? |
| 01:33:40 |
Griffin, Kenneth C. - President and CEO
The 1 or 2 percent. |
| 01:33:407 sec. |
Tierney, John - U.S. Representative, [D] Massachusetts
Set that aside. You get 20 percent, and the other partners get 80 percent of the earnings, correct? |
| 01:33:47 |
Griffin, Kenneth C. - President and CEO
That is correct. |
| 01:33:4719 sec. |
Tierney, John - U.S. Representative, [D] Massachusetts
You get 20 percent for the money that -- for the effort you made in managing those funds and making those investments and doing that type... |
| 01:34:0610 sec. |
Griffin, Kenneth C. - President and CEO
Well, let's go back to the story of the chef. The chef in his salary, every year, is taxes as ordinary income. But if the restaurant has... |
| 01:34:165 sec. |
Tierney, John - U.S. Representative, [D] Massachusetts
But you're not selling anything when you're getting compensated for the day-to-day management efforts that you make. |
| 01:34:215 sec. |
Griffin, Kenneth C. - President and CEO
If I make an investment, that creates long-term capital gains. So I invest in a biotechnology company. Would the stock appreciate? |
| 01:34:264 sec. |
Tierney, John - U.S. Representative, [D] Massachusetts
A good portion of that money isn't yours, right? |
| 01:34:30 |
Griffin, Kenneth C. - President and CEO
That's correct. |
| 01:34:307 sec. |
Tierney, John - U.S. Representative, [D] Massachusetts
So when you get 20 percent, it's for investing other people's -- (audio break) -- as well as your own. |
| 01:34:37 |
Griffin, Kenneth C. - President and CEO
That is correct. |
| 01:34:376 sec. |
Tierney, John - U.S. Representative, [D] Massachusetts
And some of that compensation is for your efforts in managing and investing those other monies. |
| 01:34:43 |
Griffin, Kenneth C. - President and CEO
That is correct. |
| 01:34:4311 sec. |
Tierney, John - U.S. Representative, [D] Massachusetts
Right. And that, my friend, I suggest to you, is what we're saying ought to be taxed as regular income. You can disagree,... |
| 01:34:545 sec. |
Griffin, Kenneth C. - President and CEO
Well, just to be very clear, all of my income, or virtually all, is taxed at the highest marginal rates. |
| 01:34:59 |
Tierney, John - U.S. Representative, [D] Massachusetts
As it should. (Fine ?). |
| 01:34:594 sec. |
Griffin, Kenneth C. - President and CEO
All right. So I speak to this from that conceptual |
| 01:35:031 min. |
Tierney, John - U.S. Representative, [D] Massachusetts
Then we don't disagree on that, but I'm talking -- I didn't want you to take your chef analogy and confuse people with that. Let me... |
| 01:36:085 sec. |
Soros, George - Founder and Chairman
I'm sorry. I didn't follow the question properly. I'm sorry. |
| 01:36:1336 sec. |
Tierney, John - U.S. Representative, [D] Massachusetts
(Chuckles.) The -- in my old business, we used to be able to have it read back. But do you agree with Mr. Paulson that as long as taxpayers'... |
| 01:36:497 sec. |
Soros, George - Founder and Chairman
I'm not sure that I would agree with Mr. Paulson on that. |
| 01:36:562 sec. |
Tierney, John - U.S. Representative, [D] Massachusetts
Why not? |
| 01:36:5825 sec. |
Soros, George - Founder and Chairman
I think that if you have a capital increase in the banks, then I think that as long as the money is put up by the shareholders, there should... |
| 01:37:233 sec. |
Tierney, John - U.S. Representative, [D] Massachusetts
But this is taxpayer money, not shareholders' money that we're talking about. |
| 01:37:264 sec. |
Soros, George - Founder and Chairman
No -- well, when it's taxpayers' money -- no, there I agree. |
| 01:37:30 |
Tierney, John - U.S. Representative, [D] Massachusetts
Thank you. |
| 01:37:30 |
Soros, George - Founder and Chairman
Yes. |
| 01:37:301 sec. |
Tierney, John - U.S. Representative, [D] Massachusetts
Mr. Simons, do you also agree? |
| 01:37:3146 sec. |
Simons, James - President
Yeah, generally speaking, I do, although I will make the point that when this first round of money was put into these banks, some of them... |
| 01:38:177 sec. |
Tierney, John - U.S. Representative, [D] Massachusetts
Yeah. Well, I'll go on -- and I think, whether you request it or not, you know, you ought to have a fair deal, not a lopsided deal on that.... |
| 01:38:24 |
Simons, James - President
Well -- |
| 01:38:242 sec. |
Tierney, John - U.S. Representative, [D] Massachusetts
Mr. Falcone? |
| 01:38:268 sec. |
Falcone, Philip A. - Senior Managing Partner
I agree. I think that to the extent that capital is infused into some of these companies, it should be more along the lines of market rates. |
| 01:38:34 |
Tierney, John - U.S. Representative, [D] Massachusetts
Mr. Griffin? |
| 01:38:3419 sec. |
Griffin, Kenneth C. - President and CEO
I believe that market rates for many of these companies would be extremely high, and if one of our goals is to reduce the cost of consumer... |
| 01:38:53 |
Tierney, John - U.S. Representative, [D] Massachusetts
Thank you. Thank you all for your answers. Thank you, Mr. Chairman. |
| 01:38:534 sec. |
Towns, Edolphus - U.S. Representative, [D] New York
Thank you very much. Mr. Yarmuth? |
| 01:38:572 min. |
Yarmuth, John - U.S. Representative, [D] Kentucky
Thank you, Mr. Chairman. I want to thank the panel. The testimony's been, I think, unusually candid and thoughtful. I appreciate that very... |
| 01:41:056 sec. |
Soros, George - Founder and Chairman
Yeah. I'm a little bit at a loss, because it's not a subject that I have really given a lot of thought to. |
| 01:41:116 sec. |
Yarmuth, John - U.S. Representative, [D] Kentucky
Chairman Waxman excused you so -- on that. Mr. Simons? |
| 01:41:1718 sec. |
Simons, James - President
I haven't thought about it a great deal, but I've -- generally speaking, I'm more of a fan of profit-sharing for CEOs than I am of stock... |
| 01:41:355 sec. |
Paulson, John Alfred - President
In this case, I would -- (audio break) -- Mr. Simons' comments. |
| 01:41:4023 sec. |
Falcone, Philip A. - Senior Managing Partner
I'm inclined to agree with Mr. Paulson and Mr. Simons, that it is important to participate from a compensation perspective as it relates... |
| 01:42:03 |
Yarmuth, John - U.S. Representative, [D] Kentucky
Mr. Griffin, do you -- |
| 01:42:033 sec. |
Griffin, Kenneth C. - President and CEO
I will concur with the other panelists. |
| 01:42:0635 sec. |
Yarmuth, John - U.S. Representative, [D] Kentucky
In today's Financial Times, Professor Markiel from Princeton suggested that one of the things that might be considered is when you have... |
| 01:42:413 sec. |
Griffin, Kenneth C. - President and CEO
I think that would be a terrible idea. |
| 01:42:44 |
Yarmuth, John - U.S. Representative, [D] Kentucky
Terrible idea? |
| 01:42:4443 sec. |
Griffin, Kenneth C. - President and CEO
And part of the reason is that we need executives in America to take risks. Whether it's to put the money down on the line for R&D in --... |
| 01:43:277 sec. |
Yarmuth, John - U.S. Representative, [D] Kentucky
Does anybody else want to address that? I don't have any other questions. But if you don't, that's fine. Thank you, Mr. Chairman. |
| 01:43:343 sec. |
Towns, Edolphus - U.S. Representative, [D] New York
Thank you very much. (Cross talk.) The gentleman from Tennessee, Mr Cooper. |
| 01:43:373 sec. |
Simons, James - President
Mr. Chairman, I'd like to excuse myself for a moment. I'll be right back. |
| 01:43:40 |
Towns, Edolphus - U.S. Representative, [D] New York
Sure. |
| 01:43:401 min. |
Cooper, James "Jim" Hayes Shofner - U.S. Representative, [D] Tennessee
Thank you, Mr. Chairman. The headline of this hearing, I think, is definitely Paulson v. Paulson. As has been enumerated, John Paulson accuses... |
| 01:44:4410 sec. |
Paulson, John Alfred - President
Well, let me first say, I hope this is not Paulson versus Paulson, or that I'm accusing Paulson of botching -- (Cross talk.) |
| 01:44:546 sec. |
Towns, Edolphus - U.S. Representative, [D] New York
We're having great difficulty hearing you. So could you pull the mike closer to you or even talk a little louder? |
| 01:45:00 |
Paulson, John Alfred - President
Absolutely I'd be glad to do that, Mr. Chairman. |
| 01:45:00 |
Towns, Edolphus - U.S. Representative, [D] New York
Thank you very much. |
| 01:45:0026 sec. |
Paulson, John Alfred - President
I in no way want to be critical of Mr. Paulson. He's done a tremendous amount for our country. He's willing to change his position when... |
| 01:45:2631 sec. |
Cooper, James "Jim" Hayes Shofner - U.S. Representative, [D] Tennessee
For example, Mr. Simons doesn't purchase credit default swaps. He's not leveraged much. Other hedge funds have quite different strategies.... |
| 01:45:577 sec. |
Paulson, John Alfred - President
Congressman Cooper, that's a very good question. Investors never have to invest in a hedge fund. If they don't get -- |
| 01:46:04 |
Cooper, James "Jim" Hayes Shofner - U.S. Representative, [D] Tennessee
I know. |
| 01:46:043 sec. |
Paulson, John Alfred - President
If they don't get the proper transparency -- |
| 01:46:0721 sec. |
Cooper, James "Jim" Hayes Shofner - U.S. Representative, [D] Tennessee
They don't. But there's a Wisconsin school board that put money in SIVs that got traced all around the world. You know, a lot of investors... |
| 01:46:2822 sec. |
Paulson, John Alfred - President
Well, we for one give a lot of transparency to our investors. And while we don't disclose them publicly, we do disclose a great deal about... |
| 01:46:503 sec. |
Cooper, James "Jim" Hayes Shofner - U.S. Representative, [D] Tennessee
Do any other witnesses know? Mr. Soros. |
| 01:46:531 min. |
Soros, George - Founder and Chairman
Yeah. I think that hedge funds, several hedge funds have claimed to follow a market-neutral strategy, exactly because -- (audio break) -- institution... |
| 01:47:5514 sec. |
Cooper, James "Jim" Hayes Shofner - U.S. Representative, [D] Tennessee
Thank you. You mentioned that investors usually want low volatility. The markets have been unusually volatile recently. And some trading... |
| 01:48:09 |
Soros, George - Founder and Chairman
Well, you see -- |
| 01:48:095 sec. |
Cooper, James "Jim" Hayes Shofner - U.S. Representative, [D] Tennessee
Two hundred points a day, 500 points a day, a thousand -- is more better? |
| 01:48:1431 sec. |
Soros, George - Founder and Chairman
Basically, what the prevailing paradigm has neglected is the uncertainty that is connected with this reflexive connection. We have become... |
| 01:48:459 sec. |
Cooper, James "Jim" Hayes Shofner - U.S. Representative, [D] Tennessee
How about the other panelists? Is volatility only strategy appropriate? And if so, is more volatility always better? |
| 01:48:5423 sec. |
Soros, George - Founder and Chairman
Well, you see, I think volatility is an indication of uncertainty. And the fact that you've -- normal volatility is 30, and it shot up to... |
| 01:49:173 sec. |
Cooper, James "Jim" Hayes Shofner - U.S. Representative, [D] Tennessee
Does the government have a role in limiting excessive uncertainty? |
| 01:49:2042 sec. |
Soros, George - Founder and Chairman
Well, I think that regulators have to understand that there is -- there is this uncertainty in markets. And that's why the risk-management... |
| 01:50:02 |
Griffin, Kenneth C. - President and CEO
Congressman Cooper, if I may -- |
| 01:50:025 sec. |
Cooper, James "Jim" Hayes Shofner - U.S. Representative, [D] Tennessee
Yes. |
| 01:50:0712 sec. |
Griffin, Kenneth C. - President and CEO
Good regulation, good policy reduce volatility in the market. And we are extremely invested in the safety and soundness of our financial... |
| 01:50:199 sec. |
Cooper, James "Jim" Hayes Shofner - U.S. Representative, [D] Tennessee
But doesn't your firm have a conflict of interest in grouping with CME to create clearinghouses and other means that might somehow prejudice... |
| 01:50:28 |
Griffin, Kenneth C. - President and CEO
In the sense of -- |
| 01:50:289 sec. |
Cooper, James "Jim" Hayes Shofner - U.S. Representative, [D] Tennessee
Well, if you're partnering with the market maker or the clearinghouse, how do people know it's going to be a fair market? |
| 01:50:3724 sec. |
Griffin, Kenneth C. - President and CEO
Well, we would clearly have a very sharp distinction between our role as a contributor of intellectual property and know-how to the CME... |
| 01:51:013 sec. |
Cooper, James "Jim" Hayes Shofner - U.S. Representative, [D] Tennessee
But that makes investors rely on a Chinese wall instead of a greater separation. |
| 01:51:048 sec. |
Griffin, Kenneth C. - President and CEO
Well, CME will be running the clearinghouse. So we're not running it, just to be very clear on the record. |
| 01:51:122 sec. |
Cooper, James "Jim" Hayes Shofner - U.S. Representative, [D] Tennessee
Thank you, Mr. Chairman. I see my time has expired. |
| 01:51:142 sec. |
Waxman, Henry - U.S. Representative, [D] California
Thank you, Mr. Cooper. Mr. Van Hollen? |
| 01:51:1638 sec. |
Van Hollen, Christopher - U.S. Representative, [D] Maryland
Thank you, Mr. Chairman, and thank all of you gentlemen for your testimony. We have had a lot of discussion about trying to create greater transparency... |
| 01:51:542 sec. |
Soros, George - Founder and Chairman
Yes. Yes. |
| 01:51:561 min. |
Van Hollen, Christopher - U.S. Representative, [D] Maryland
Okay. Now, the -- we had just before you a panel of a number of professors, including Professor Lo and Professor Ruder, and the question... |
| 01:53:2343 sec. |
Soros, George - Founder and Chairman
Well, I would -- I would definitely argue that that's exactly what you need. That's what's currently -- is missing, and it needs to be introduced. We... |
| 01:54:06 |
Simons, James - President
Yes. |
| 01:54:066 sec. |
Paulson, John Alfred - President
I would agree with that. |
| 01:54:128 sec. |
Falcone, Philip A. - Senior Managing Partner
I would agree as well. I'm not so sure if it should be the SEC or the Federal Reserve or a new regulatory agency, but I think it's a very... |
| 01:54:2020 sec. |
Griffin, Kenneth C. - President and CEO
I think what is important in the concept is for the hedge funds that are subject to this new paradigm to understand the rules of the road.... |
| 01:54:40 |
Van Hollen, Christopher - U.S. Representative, [D] Maryland
That's a very good point, I think. |
| 01:54:401 min. |
Griffin, Kenneth C. - President and CEO
And then I'd just -- I'd like to clarify one previous statement. On the issue of clearinghouses for credit default swaps, there were... |
| 01:55:5948 sec. |
Van Hollen, Christopher - U.S. Representative, [D] Maryland
Thank you. Thank you for that. Let me also just say, with respect to the -- your answers to the previous question, we appreciate it. We... |
| 01:56:473 sec. |
Waxman, Henry - U.S. Representative, [D] California
Thank you, Mr. Van Hollen. Mr. Issa? |
| 01:56:501 min. |
Issa, Darrell - U.S. Representative, [R] California
ISSA (R-CA): Thank you, Mr. Chairman. Mr. Soros, it's good to meet you at last. I'm very intrigued at some of your comments, and one of... |
| 01:57:591 min. |
Soros, George - Founder and Chairman
Well, certainly the introduction of new-fangled financial instruments has made it much harder to calculate leverage, because some of those... |
| 01:59:1040 sec. |
Issa, Darrell - U.S. Representative, [R] California
Good point. Mr. Paulson, first of all, congratulations. I'm not an investor with your fund, but I've noticed that you managed to be still... |
| 01:59:5041 sec. |
Paulson, John Alfred - President
Absolutely. What we did was primarily buy protection on debt securities. And at the time we bought this protection -- it's like buying an... |
| 02:00:319 sec. |
Issa, Darrell - U.S. Representative, [R] California
So, to characterize what you just said, you gambled less than those who went routinely long on any investment. |
| 02:00:402 sec. |
Paulson, John Alfred - President
I believe that's the case. |
| 02:00:4219 sec. |
Issa, Darrell - U.S. Representative, [R] California
So the people who invested with you, including the pension funds and so on, were gambling less because of your technique -- which was available... |
| 02:01:013 sec. |
Paulson, John Alfred - President
I prefer not to use the word "gambling." What we did -- |
| 02:01:0431 sec. |
Issa, Darrell - U.S. Representative, [R] California
No, and I used -- I didn't use it for you, but I used the word "hedge" for obvious reasons. And the term "gambling," if -- and just correct... |
| 02:01:35 |
Paulson, John Alfred - President
That's correct. |
| 02:01:3516 sec. |
Issa, Darrell - U.S. Representative, [R] California
So your technique and the technique of virtually all hedge funds is, in fact, to limit risk by stating how you will maneuver in a market... |
| 02:01:516 sec. |
Paulson, John Alfred - President
That's true. An important goal of our funds is to limit risk and reduce volatility. |
| 02:01:5752 sec. |
Issa, Darrell - U.S. Representative, [R] California
Okay. Last question, if I could, Mr. Chairman. There was some talk on the earlier panel about tax treatment. And I know this isn't the Ways... |
| 02:02:497 sec. |
Falcone, Philip A. - Senior Managing Partner
If you -- if I may -- if you plan to go down that road, there might be one possibility where -- |
| 02:02:563 sec. |
Issa, Darrell - U.S. Representative, [R] California
By the way, I don't plan to go down that road. |
| 02:02:5922 sec. |
Falcone, Philip A. - Senior Managing Partner
-- instead of having the horizon be 12 months, maybe make it a little bit longer for hedge funds. I'd hate to see that eliminated in its... |
| 02:03:213 sec. |
Issa, Darrell - U.S. Representative, [R] California
Thank you, Mr. Chairman. |
| 02:03:242 min. |
Waxman, Henry - U.S. Representative, [D] California
Thank you, Mr. Issa. I want to thank the members of this panel. The members, I think, have asked very important questions and you gave very... |