Text Timeline
  • Text Timeline
  • Graphical Timeline
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...

Loading...