Lehman's Bankruptcy and "Repo 105" could lead to criminal charges for many
The Dylan Ratigan does a pretty good job of explaining the 2200 page report that exposes the Lehman scandal. It shines a bright light on why we need financial regulations and serious reforms.
The NY Times:
The bankruptcy examiner’s report filed by Anton R. Valukas on the 2008 demise of Lehman Brothers discusses some accounting gimmicks that are eerily reminiscent of how Enron tried to prop up its balance sheet back in 2001 before it collapsed. Both companies appear to have played right along the edge of properly accounting for transactions designed to make them appear much stronger than they turned out to be, becoming steadily more aggressive as they teetered on the brink of ruin.
The examiner’s report discusses potential claims that the bankruptcy trustee can bring against Lehman’s former officers and outside advisers and does not mention potential government law enforcement action.
Reading his report, however, gives strong indications that at a minimum the Securities and Exchange Commission is likely to pursue civil charges for securities fraud, and that criminal charges are certainly possible against Lehman’s former top executives. The examiner’s report gives us a new term for hiding problems on a corporate balance sheet that may become common parlance: “Repo 105.” Starting in 2001, Lehman Brothers engaged in repurchase agreements, called “repos,” which were described by DealBook as “what amounts to a short-term loan, exchanging collateral for cash up front, and then unwinding the trade as soon as overnight.”
Read here for more of the story.
Market Watch:
The report, which runs to 2,200 pages, said former top officers including ex-CEO Dick Fuld and Chief Financial Officers Chris O'Meara, Erin Callan and Ian Lowitt could face legal claims for negligence of breach of duty.
Auditor Ernst & Young could also potentially face a professional malpractice claim for not challenging Lehman's non-disclosure of the off-balance sheet transactions, the report said. See full story on the Lehman report.
Lehman's collapse in 2008 really got things going.
Lehman Brothers, the fourth-largest US investment bank, has filed for bankruptcy protection, dealing a blow to the fragile global financial system.
The news led to sharp falls in share prices around the world, and officials took measures to reassure markets. Lehman had incurred losses of billions of dollars in the US mortgage market.
--
US Treasury Secretary Henry Paulson said the US was "working through a difficult period in our financial markets right now as we work off some of the past excesses".
But he added: "The American people can remain confident in the soundness and resilience of our financial system."
However he warned that uncertainty remained and it was likely that there would be further "rough spots" ahead before the market was corrected.
Turmoil would continue in financial markets until the housing correction was completed, he added.
Mr Paulson said he was committed to working with regulators in the US and abroad, as well as policymakers in Congress to take the necessary steps "to maintain the stability and orderliness of our financial markets".
But he gave no details of what such steps might mean.
And remember these magical words by President George Bush?
Earlier in the day President George W Bush said: "In the long term I am confident that our financial markets are flexible and resilient and can deal with these adjustments."
This BBC article brings back really bad memories, but I hope they remind the Congress to get financial reform done, now.


Good to hear a bit more pressure on these pirates. Wall Street has a stranglehold on Congress, and only action by the public will break that stranglehold.
As long as these financial institutions donate to members of our Congress they will be protected from being investigated for illegal, get rich quick schemes now be practiced.
Were the Keystone Cops busy?
Corruption favors the wealthy.
http://www.youtube.com/watch?v=LOqBjy_ncx8
http://www.youtube.com/watch?v=PGx7Z0Awme4&fe...
Diabolus est Deus Inversus
Ratigan does indeed do a good job of explaining.
But I don't think there are any "financial regulations and serious reforms" that could have prevented this malfeasance.
Lehman committed fraud. There are already laws against that!
Spitzer lamented, in this clip, "We passed Sarbanes-Oxley, etc, etc, and thought this would never happen!"
It's like passing laws against murder. They've been on the books (so to speak!) for thousands of years, yet people still commit murder.
Perhaps stricter oversight would have caught this fraud sooner, but it could never prevent fraud altogether.
I agree with Spitzer's closing remark: Handcuffs Required.
There are no "financial regulations and serious reforms" required here, unless slapping handcuffs on those who perpetrate fraud is considered a "serious reform."
Democracy is too important to be entrusted to politicians.
Rise Up!
Protest!
that during the 8 years of the bush crime family there was virtually no oversight
regulators were told to look the other way
whistle blowers lost their jobs
they got away with it because no one was looking
they werent looking because many of the rules had been changed
.. more handcuffs !!
You're absolutely correct: actually enforcing the law would qualify as "serious reform."
Democracy is too important to be entrusted to politicians.
Rise Up!
Protest!
Hahahahaha! Oh stop it. You are killin me man. That is pure comedy gold. I think I just peed myself laughing. Who's gonna get it? The Latino janitor who cleaned the offices, or the Black dishwasher in the corporate cafeteria?
Jeez. I didn't know you did straight on satire posts, John.
me-oww!
should not be treated this way, especially with malice aforethought.
until the next bunch of crooks take the wh and congress
And remember these magical words by President George Bush?
Earlier in the day President George W Bush said: "In the long term I am confident that our financial markets are flexible and resilient and can deal with these adjustments."
At the expense of what and whom?
Government + the Federal Reserve = organized crime
If we the people cannot get the crimminal charges to stick because of the interference from congress then maybe civil suits are required (even with crimminal cherges). If one can paint a picture of a direct relationship of this fraud to the economy then there should be some severe prices to pay, we can only hope.
And if it does come down to criminal or civil liability then I wonder just who will pay the price. The corporation? And who is that? According to the new view from the SCOTUS it is some person, thus the ruling that it, (the corp) has free speech rights. In my mind then it also has the right to serve time for the crimminal fraud committed. Make the frickin stockholders serve time, afterall they ARE the corporation and are the closest part of it that is really a person. And since it is a felony then it goes to say that any stockholders then cannot participate in any corporation that does business in the financial sector ever again. Fuck'em hard and then see how much they like free speech.
Too
RichBig ToBe Held AccountableFail ..Democracy is too important to be entrusted to politicians.
Rise Up!
Protest!
right on the money!
the ceo, company officers, they are who "killed" this corp.
does the u.s. have an extradition treaty with patagonia?
...is where the crinimals go.
http://www.thetruthseeker.co.uk/article.asp?I...
Ken Lay Bernie Madoff and Timmy McVeigh live there
Paraguay (I hear) has some of the toughest exradition treaties in the world.
audit-prosecute-incarcerate
That article is dated Oct 13, 2006, and at that time it was correct regarding extradition.
But the 2008 presidential election of Fernando Armindo Lugo Méndez brought an end to 60 years of right wing rule.
He's a populist Catholic priest.
That special anti-extradition deal may be in jeopardy!
Democracy is too important to be entrusted to politicians.
Rise Up!
Protest!
I'm betting on Ernst & Young. With Enron it was Arthur Andersen that took the fall.
Standard Operating Procedure for our Republican/Conservative Mafia. First you infiltrate a Cooperation, cook the books, screw the employees out of their investments, and then funnel millions of dollars to Republican lawmakers under the guise of 'campaign contributions'.
To keep the scam alive and well they coined the term 'Compassionate Conservatism' which basically destroys public agencies by cutting government funding (the 'no new taxes' rip off), thereby privatizing the departments and undoing all oversight so they can steal as much money as their criminal greedy hands can get a hold of.
What happened to the Mafia of the 60's? They now call themselves the GOP!
Simply follow the money...
I have know thing were not right with wallstreet since the late 1990s when I lost half my 401k and then again just after bush got appointed I lost about half of what I had left. I moved it to bonds and then just put it in my local bank. Man here we are in the totally screwed America. Cheated and robbed by the top 1% with the help of our government. Wow these people sold us out for a song compaired to what some of the big boys got. God damn the GOP!
used to be partners with matt taiibi, editing a magazine in russia, before they were deported
following link gives a pretty good snapshot of the lords of wall street
http://exiledonline.com/class-war-101-meet-th...
Keep in mind, that Geithner ran Lehman through 3 "stress tests" prior to bankruptcy; all of which Lehman failed, and yet, nothing was done. Anton R. Valukas--the examiner who wrote the 2,200 page investigative-report which was released on Thursday-- has provided plenty of information detailing Lehman's “materially misleading” accounting and “actionable balance sheet manipulation.”
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