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Federal Reserve Responds To AIG FOIA Request, Davis Polk And Morgan Stanley Data Forthcoming

Tyler Durden's picture




Zero Hedge recently submitted a FOIA to the Federal Reserve regarding information prepared by Davis Polk and Morgan Stanley in their capacity as legal and financial advisors to the Fed in its negotiations on whether or not to push AIG into bankruptcy. We present their response.

The request was specifically worded as follows:

"a request for all documentation that was part of the discussions between the Federal Reserve and Davis Polk with regard to the AIG bankruptcy. Furthermore, I would like to see all prepared materials by either Davis Polk or Morgan Stanley and presented to the Federal Reserve, as well as any documents indicating how and why the Fed decided to bailout AIG instead of pursuing a bankruptcy option for the company."

The response was curious:

"Staff searched Board records and located a large volume of potentially responsive documents."

Zero Hedge is grateful to Jeanne M. McLaughlin for the prompt response and is looking to the September 30, 2009 to receive all the requested information, and humbly submits that this is information that should have been made publicly available much earlier, now that taxpayers are 80% owners of AIG and as such have every right to understand why and how hundreds of billions of their dollars were invested in this cesspool of toxic assets only to keep it, or rather its key beneficiary counterparty, Goldman Sachs alive.

For all who wish to join Zero Hedge in this endeavor for taxpayer funded transparency, the link to the Federal Reserve's FOIA site can be found here:

http://www.federalreserve.gov/generalinfo/foia/EFOIA/EFOIAForm.cfm




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Wed, 08/05/2009 - 10:13 | Link to Comment kote
kote's picture

The Fed has a FOI office?  Any bets on how long before that gets hit with RIF?

Wed, 08/05/2009 - 10:16 | Link to Comment Anonymous
Wed, 08/05/2009 - 10:15 | Link to Comment Bruce Krasting
Bruce Krasting's picture

If you think that business does not get personal at this level you are wrong. I wouldn't stretch any tax deductions this year if I was you.....

Wed, 08/05/2009 - 10:17 | Link to Comment Tyler Durden
Tyler Durden's picture

An RFP has already been submitted to the SecTsy for facilitating in this regard.

Wed, 08/05/2009 - 10:20 | Link to Comment Anonymous
Wed, 08/05/2009 - 10:21 | Link to Comment Anonymous
Wed, 08/05/2009 - 11:51 | Link to Comment Anonymous
Wed, 08/05/2009 - 10:17 | Link to Comment Bubby BankenStein
Bubby BankenStein's picture

Thank you for your leadership in pursing this.

Wed, 08/05/2009 - 10:19 | Link to Comment Anonymous
Wed, 08/05/2009 - 10:25 | Link to Comment JohnKing
JohnKing's picture

Thank you Tyler.

Wed, 08/05/2009 - 10:29 | Link to Comment Anonymous
Wed, 08/05/2009 - 11:03 | Link to Comment Cheeky Bastard
Cheeky Bastard's picture

isnt it awesome how history repeats itself.A year ago we were being told that we are not in a recession,and we clearly were, and now we are being told that the depression has been successfully escaped,when it is clearly that we are i one ...

Wed, 08/05/2009 - 11:07 | Link to Comment deadhead
deadhead's picture

i love how the WH actually used the word "depression"......they would not even dream of using the 'd' word at the beginning of the year, now it's "obama stopped the depression".   this is going to be fun for a few years.

looking forward to watching Hillary and the Clintonistas scheme to take back the WH.

 

 

Wed, 08/05/2009 - 12:00 | Link to Comment ToNYC
ToNYC's picture

That's what happens when you imbibe too long in the Teledelusion Vision or other commercially sponsored media which is funded by sponsors's interests in happy talk and cognitive dissonance when times get tough. Be here now and don't be lamenting; be fomenting and fermenting your best ideas.

 

Wed, 08/05/2009 - 15:39 | Link to Comment Cheeky Bastard
Cheeky Bastard's picture

i have not watched TV for over a year, so i will have to go along with your post ..

Wed, 08/05/2009 - 10:31 | Link to Comment waterdog
waterdog's picture

yes! Now we are going to find out who got hacked, who got wacked and, who got jacked.

Wed, 08/05/2009 - 10:33 | Link to Comment glenlloyd
glenlloyd's picture

It will be interesting to see how much documentation is handed over.

Wed, 08/05/2009 - 10:36 | Link to Comment Anonymous
Wed, 08/05/2009 - 10:37 | Link to Comment zeropointfield (not verified)
Wed, 08/05/2009 - 10:43 | Link to Comment SV
SV's picture

I think the operative term you're looking for is "redacted". Second your opinion on the value of trying.

Wed, 08/05/2009 - 10:39 | Link to Comment MinnesotaNice
MinnesotaNice's picture

I noticed that you blacked out certain information in your FOIA... you probably know much more about the law in this specific area... but I would be careful that the FOIA you sent in is not an available record to an another FOIA from an interested party such as GS or CNBC...

Wed, 08/05/2009 - 12:16 | Link to Comment Anonymous
Wed, 08/05/2009 - 10:41 | Link to Comment Anonymous
Wed, 08/05/2009 - 10:53 | Link to Comment MinnesotaNice
MinnesotaNice's picture

My thoughts exactly... using the date of the FOIA request as the basis for all FOIA requests made to the Fed on that date... hopefully they used a unrelated party such as an attorney to make the request...

Wed, 08/05/2009 - 10:42 | Link to Comment OrganicGeorge
OrganicGeorge's picture

Thanks, too bad nobody in the MSM thought of this, what am I saying their corporate overlords would not allow it.

 

TD is the bomb

Wed, 08/05/2009 - 10:51 | Link to Comment TraderVix
TraderVix's picture

I wonder who, besides MS and Davis Polk, the other entities "outside" the Fed are? Does your FOIA include that info? 

Wed, 08/05/2009 - 10:52 | Link to Comment SV
SV's picture

Tyler - The only problem I see with it is they will know who you are (if you FOIA in your actual name).  The logic flows like this, if there is only one person asking for specific information about a "Davis Polk", it's pretty easy for Jeanne to figure out the connection (not withstanding your own redaction).  That's too simpleton for you.  I suspect you set up 5 people, all not real entities, all FOIA requesting information at the same time to obfuscate yourself and to see if they give you all the same answer.

All of this is supposing that they'll have jack-booted thugs pay you a friendly visit...  They wouldn't need to because they are a completely above-board, legally operating organization.

Wed, 08/05/2009 - 11:01 | Link to Comment Tyler Durden
Tyler Durden's picture

precautions have been taken

Wed, 08/05/2009 - 11:15 | Link to Comment SV
SV's picture

I expect no less. ;)

Keep on, keepin on.

Wed, 08/05/2009 - 14:07 | Link to Comment Arm
Arm's picture

Do be careful.  You may think you are covered because a lot of the information surrounding ZH is legally inaccessible.  However, I can tell you that for $50k and the right connections you can get almost any piece of information regarding individuals or firms in ANY jurisdiction.

If GS, AIG or anybody with deep pockets is investigating you, then they probably already know everything about you.

How that information is used is an altogether different matter.

 

Wed, 08/05/2009 - 14:50 | Link to Comment Veteran
Veteran's picture

What's to find out?  Everyone knows TD is the nom de plume of none other than Dick Cheney

Wed, 08/05/2009 - 11:01 | Link to Comment Assetman
Assetman's picture

Did you happen to provide a definitions page and cover what is considered "documentation"?

Given the potential volume inferred from the Fed feedback, you probably did.

So they've given themselves roughly 8 weeks to get out the black magic marker to "protect the integrity of the banking system".  Something tells me that you will be getting another letter, in say... late September... asking for even more time.

Wed, 08/05/2009 - 11:08 | Link to Comment MinnesotaNice
MinnesotaNice's picture

Buying NWL today... maker of the 'Sharpie' permanent black marker...

Wed, 08/05/2009 - 11:08 | Link to Comment Anonymous
Wed, 08/05/2009 - 11:12 | Link to Comment economessed
economessed's picture

FOIA requests are a huge deal if you are on the receiving end of one.  Having held a number of Government contracts, and being party to fulfilling three FOIA requests in the past, I can surmise that you've put a lot of people "on edge."  Service providers to the Government (i.e. contract holders) have a low standard of performance to FOIA requests.  I'm not saying I blew them off, but in my circumstances, we did not supply information that people may have found relevant because 1) it could be argued that the information requested fell outside the scope of work as written in our contract, therefore we had no obligation to provide it; and 2) we successfully argued that release of some of our information was a trade secret and the government was not entitled to it, as it would materially damage existing business and diminish our capability of doing future business.

That said, whatever the Government had in its posession related to the inquiry was their property, and was submitted to fufill the FOIA request.

But my point is that many of the "nuggests" that may captivate our attention may not emerge through the FOIA process when private organizations are "in on the game."  The Government could ask GS, MS, S&P, and others for data related to the AIG transaction, and they could either say "no" or supply harmless fluff and remain compliant.

No matter what, this is still a hugely positive development, and I look forward to helping digest the "substantial volume of information" that is forthcoming.

Wed, 08/05/2009 - 11:16 | Link to Comment Anonymous
Wed, 08/05/2009 - 11:26 | Link to Comment Timmy Geithner
Timmy Geithner's picture

In addition to redacting data, they will likely assert a FOIA exemption of some kind.  The case law on the exemptions is scant, and given their incentive to keep this stuff secret, they may make you fight it out in the courts.  Are they making you pay costs?

Wed, 08/05/2009 - 11:34 | Link to Comment Project Mayhem
Project Mayhem's picture

Well clearly, something very terrible will happen in the world prior to September 30 , 2009.   Place your bets.

 

Wed, 08/05/2009 - 20:20 | Link to Comment Anonymous
Wed, 08/05/2009 - 11:39 | Link to Comment Anonymous
Wed, 08/05/2009 - 11:47 | Link to Comment Anonymous
Wed, 08/05/2009 - 12:19 | Link to Comment Kaiser Soze
Kaiser Soze's picture

AIG stock up 42% today, huh?

Wed, 08/05/2009 - 12:26 | Link to Comment Gilgamesh
Gilgamesh's picture

CIT + 42% also.  Be right back, grabbing FNM and FRE - hoping for either an FOIA to be filed or an SEC charge/setttlement.

Wed, 08/05/2009 - 13:01 | Link to Comment Kaiser Soze
Kaiser Soze's picture

This has to be HFT and short covering. What fund managers would even remotely consider AIG?

Wed, 08/05/2009 - 13:53 | Link to Comment Gilgamesh
Wed, 08/05/2009 - 12:52 | Link to Comment Anonymous
Wed, 08/05/2009 - 15:22 | Link to Comment Jim_Rockford
Jim_Rockford's picture

TD - next time attach a sheet of definitions as to what contitutes a "record" and "related to".  Apparently it is how honorable men make such requests.

http://www.zerohedge.com/article/darrell-issa-goes-after-rahm-emanuel-hilarity-ensues-and-epic-fail-chief-staff

 

Wed, 08/05/2009 - 17:09 | Link to Comment Anonymous
Wed, 08/05/2009 - 17:28 | Link to Comment Anonymous
Wed, 08/05/2009 - 18:53 | Link to Comment Anonymous
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