AIG, Pariah of the Financial Crisis, Still Lacks Central Regulator

Now out of the Treasury's grip, AIG still doesn't have a central federal regulator

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The Treasury has announced that it would sell off $18 billion in AIG shares, meaning it will no longer be the majority shareholder in one of the companies most associated with the financial crisis. As the Treasury loosens its grip on a company that threatened the nation's financial system, the question still remains now, four years later: who should be in charge?

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The handover of control is a symbolic moment in the country's recovery from the crisis. After suffering substantial losses, the government committed over $180 billion in bailout money to the company, and the Treasury now stands to turn a profit on that investment. However, there is some frustration that the company has yet to be handed over to a central regulator.

"Our regulatory system is really screwed up, and Dodd-Frank didn't touch the messed-up nature of our regulatory structure," says James Angel, associate professor at Georgetown University's McDonough School of Business. "Insurance companies like AIG could fall through the cracks."

Prior to the financial crisis, AIG's financial activities were regulated by the Office of Thrift Supervision, a now-defunct agency that was seen as the laxest federal regulator (the company's insurance activities, then as now, were regulated on a state level). The OTS's supervision ended in March 2010 and since then the company has had several regulators for its diverse non-insurance activities. Many of AIG's losses also stemmed from financial instruments sold outside the U.S., by the company's London office, which was not overseen by Britain's Financial Services Authority.

Some would argue that the company had additional oversight in the Treasury Department since the end of the crisis—oversight that now will come to an end.

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"The Treasury was the majority shareholder, so they were basically controlled by the Treasury," says Angel. "Even if Treasury didn't exercise any direct oversight, I'm sure the people they installed to run the place were very concerned about what their overseers would think about their various actions."

One of the key provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, signed into law in July 2010, is the designation of systemically important financial institutions, or SIFIs. These are companies whose collapse could seriously threaten the economy. THe Financial Stability OVersight Council is tasked with designating SIFIs, and the Federal Reserve will be tasked with regulating those institutions. The central bank has proposed a set of criteria, including amounts and types of assets, for determining which institutions are "systemically important."

If designated a SIFI, AIG would finally fall under what Angel calls the "tremendous power" of one government entity: the Fed.

But the FSOC has yet to designate non-bank SIFIs, to the chagrin of watchdogs. Christy Romero, special inspector general for the Troubled Asset Relief Program, vented her frustration to MarketWatch in an interview published today: "A key problem with AIG is that so far there is no regulator for AIG's financial business," she said. "I am absolutely frustrated that it is taking so long to designate AIG as a SIFI." However, she said she is hopeful that the Fed will soon take over, now that the Treasury is no longer in charge.

Correction: An earlier version of this article stated that the Federal Reserve designates SIFIs. The Financial Stability Oversight Council will have the task of determining SIFIs.