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As we pass the one year anniversary of the fall of Lehman Brothers (LEHMQ.PK), journalists, politicians and market analysts have seized on the occasion to offer seemingly sober assessments of what went wrong and what went right in the lead up and aftermath of the biggest financial event since Black Tuesday.

The most popular storyline offered by these Monday morning quarterbacks is that the mistaken decision to allow Lehman to fail resulted from the Bush Administration's misplaced faith in the free markets. In this telling, the real crises began in the days following the Lehman bankruptcy, which unleashed a financial panic that would have caused complete economic collapse – if not for the subsequent federal intervention.

In reality, Lehman's demise was simply the result of an unfolding crisis that began years before. Popular belief aside, allowing the institution to succumb to the overwhelming debts on its balance sheet was perhaps the only correct decision made by government since this crisis began. The propagandists' complete reversal of cause and effect now threatens to spur the government to compound prior mistakes and bring on the next phase of the financial crisis. Unfortunately, this chapter will likely be much more dangerous than what we saw last fall.

In March of 2008, in the aftermath of the Bear Sterns "bailout" (which itself was a major mistake), equity shareholders walked away with a generous ten dollars per share, all creditors were made whole, and most employees got jobs and bonuses from JP Morgan (JPM). As a result of this largess, the Fed created a very serious problem for itself.

After Bear, the perception took hold that investment banks were too "interconnected" to fail. The resulting moral hazard decreased the financial stability of the banking system and exposed taxpayers to open-ended risks. The Bush administration rightly determined that a message needed to be sent that Bear was an isolated case, and that capitalism still held sway on Wall Street. The fall of Lehman, which was helped along by the unrealistic recalcitrance of its chairman Richard Fuld, would be that clear signal.

However, politics quickly trumped economics, and the Lehman trial balloon soon turned into the Hindenburg. Washington had no stomach for the ensuing financial carnage, and when other institutions began to topple, Bush, Paulson and Bernanke abandoned their prior convictions and threw all they had into the ensuing bailout bonanza. As a result, the moral hazard that they had sought to avoid now exists on a scale unprecedented in our history. Capitalism has been extinguished on Wall Street, and our financial institutions now exist as public utilities. The presidents of our biggest banks are now the highest paid civil servants in the world!

Since market forces are no longer allowed to allocate capital and control risk, these decisions are now made by government regulators and are then passed through to their subordinates on Wall Street. This perverse organizational structure constitutes a new form of American fascism.

The pain of allowing Lehman to fail will be dwarfed by the agony of bailing out the rest of Wall Street, which is now a foregone conclusion. Just because the Lehman bankruptcy created unpleasant consequences does not mean it was a mistake. On the contrary, sometimes doing the right thing hurts – especially if it is done to avoid even greater pain down the road. It just seems that our representatives are incapable of asking for short-term sacrifice. There is no price they are not willing to force the rest of us to pay to assure their own reelection.

In reward for its gross culpability in creating the financial crisis, the Federal Reserve has been rewarded with extensive new powers. Given the damage it was able to inflict in the past, I can only imagine the havoc that will be wrought by the new "Super Fed."

If the current policies continue, the America we know – for which our forebears risked so much – will cease to exist. The constitution originally established by our Founding Fathers has been under attack almost since inception. Up until now, the greatest damage occurred during Roosevelt's New Deal. However, the current assault on our birthright could be a knockout blow. The last vestige of republican government now hangs in the balance.

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This article has 27 comments:

  •  
    I did not know the fed was to blame for credit default swaps, collateralized debt obligations and the so-called liar loans. They cannot be blamed for the financial crisis. The crisis was well and truly underway by the time the fed got involved. They can be blamed for relaxed monetary policy that lead to asset bubbles, but it took people without ethics to prey upon their fellow citizens, to create the crisis.

    Can you explain how letting AIG, Bank of America and Citibank fall over have been good for the crisis?

    Creative destruction of Capitalism requires something to have survived the wealth destruction.

    What is your plan to solve this crisis?

    The constitution under attack and Roosevelt New Deal linked together, that's a flight of ideas! The constitution allowed slavery, do you want to bring that back to? If the British Constitution had not been attacked by the founding fathers there would be no USA. Constitutions require revision infrequently to keep them relevant.

    American fascism?-I thought that was the Klu Klux Klan.

    Your thoughts and warnings on Economics, Hyperinflation and Bubbles are well founded.

    It is just since you decided you wanted to be a senator, the statements are sounding like rhetoric rather than considered words of a statesman.
    Sep 21 06:36 AM | Link | Reply
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    I commend the author for writing this, particularly in light of how many ex-Lehman employees live (and vote!) in Connecticut!
    Sep 21 06:48 AM | Link | Reply
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    Americans have long settled for short-term pain avoidance over any Constitutional principle. Mentioning the Constitution itself pigeonholes the offender negatively for too many Americans who have long yielded to more fashionable voices for "change" that are, in fact, vested interests that have coerced us into forsaking the principles that once brought us the most prosperous, free society the world ever knew.
    The common denominator of the changes have been to empower nonproductive sectors which now seem completely in control of decisionmaking. How much more public debt do we add, how many agencies do we add or grow, now, what "private" interest is connected and powerful enough to be entitled to a bailout.
    We've wandered into a twilight zone of unintended consequences where all the choices are for more of the same. For expensive figleaves on unending failure. For ludicrous assaults on private enterprise. Where seemingly all power and wealth is controlled by interests who have advocated and benefited by the decisions that have squandered the wealth and true wealth-making capacity we once unquestionably led the world in.
    Since Lehman, these interests have been on a fast track to pilfer the rest of the wealth of future generations so as not to let a good crisis go to waste. They have discovered that wealth comes from taking it and putting it on our tab. Their wealth and power is our serfdom. That is our future unless enough of us refuse to settle for another and yet another exorbitant, phony short-term non-solution.
    Sep 21 06:58 AM | Link | Reply
  •  
    Lehman, just as Merrill Lynch was shorted into bankruptcy. It disgusts me to see that the mainstream financial media hasn't been all over this. Although Bloomberg (video.google.com/video...#) has shed some light on the issue, even they aren't shouting it out in the public, which they should given that naked short selling was and still is a crime.
    Here is the video about naked short selling and the demise of Lehman and Merrill Lynch: www.deepcapture.com/he.../
    Sep 21 07:22 AM | Link | Reply
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    >> Since market forces are no longer allowed to allocate capital and control risk, these decisions are now made by government regulators and are then passed through to their subordinates on Wall Street. This perverse organizational structure constitutes a new form of American fascism. <<

    Your political ambitions are showing.
    Sep 21 08:45 AM | Link | Reply
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    "Given the damage it was able to inflict in the past, I can only imagine the havoc that will be wrought by the new "Super Fed"."

    Imagine? I'm counting (investing heavily) on a havoc-causing Fed.

    As for the "Relic" (the Constitution), socialism won with FDR. The event horizon for that battle was passed decades ago and we are just experiencing the acceleration at an accelerating rate.

    Galt's Gulch will never be densely populated with Americans.
    Sep 21 09:31 AM | Link | Reply
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    "Americans have long settled for short-term pain avoidance over any Constitutional principle."

    Worth saying again. It is also why Americans are bone dry when it comes to principled leadership.
    Sep 21 09:35 AM | Link | Reply
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    Thank you Senator (to-be) Schiff.
    Sep 21 09:37 AM | Link | Reply
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    "Popular belief aside, allowing the institution to succumb to the overwhelming debts on its balance sheet was perhaps the only correct decision made by government since this crisis began."

    I would completely agree with this statement. The US authorities are talking about more regulation for the financial sector. I think the best regulation for the financial sector is to let the free markets work.
    Sep 21 09:56 AM | Link | Reply
  •  
    There is an argument that the banks should have been orderly wound down, and not allowed to abruptly fail like Lehman to prevent mass panic, electronic runs on the bank, and massive naked short selling (even good banks can't keep their capital ratios up with large amounts of naked short sellers). But I agree that many of the banks should have failed. If the government were to intervene, the shareholders should be wiped out and the bondholders crammed down. But of course, that did not happen, as Peter Schiff predicted. I made quite a bit of money on bank/financial bonds, including AIG bonds which made me more than +400%, as I made a bet that the government would bail out all creditors and they would come out whole. On principle, I hate the bailouts, but I might as well make some money off it if I know it is going to happen. The government certainly didn't need to give the creditors 100%, most of them would have been very willing to accept 50 cents on the dollar - they were dumping the bonds for as low as 10-30 cents on the dollar during the March lows.

    A legislator cannot create value with a stroke of a pen. Houses, cars, food, oil, etc does not magically appear. When all those creditors were made whole, that money had to come from someone else's pocket.
    Sep 21 10:25 AM | Link | Reply
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    About Bush's "misplaced faith in the markets"...I guess he had good intentions of keeping the government out of the free enterprise system, but, like me at the time, he didn't realize how many criminals are involved in the Wall Street markets. I have made some naive investments thinking my money was being handled on the up and up. What a stupid assumption! I should have gone down to Wall Street and looked around to see the real mafia in action!
    Sep 21 11:27 AM | Link | Reply
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    Ethics should simply be the study of how to order the goods of our lives so that we, as individuals, can be as happy as possible.

    I'm not worried (too much) if my neighbor allows himself to weight 100 or even 200 pounds over his ideal weight if he tells me, "carpe dium, I'm going to live until I die and you skinny people can feel superior to me if you want to but I'm going to eat two or three times as much as you do and be that much happier. Plan to be a happy old man if you want to be. It's your right. But stay out of my affairs."

    After all, when his personal crisis inevitably hits, the cost of a crane to lift him out of his bed and transport him to the hospital is not that much for the rest of us to bear.

    But when large groups of brokers and traders say essentially the same, there are huge consequences for the rest of us. "I'm going to have my private airplane, my yacht and my winter and summer homes and when the inevitable crash comes, well, at least I can say I lived. You moralists can have your suburban homes, wives and two and a half children. Screw your safe, middle class lives. Carpe Diem."

    The trouble is, the rest of us are going to pay a huge price for their folly. It may be painful for us tolerant Americans to interfere, and play the part of moral vigilantes but the only alternative is to let their house of cards fall around our ears.

    Group ethics is, after all, just another definition of politics and we're not talking about about the private ethical decisions of a few millionaires who don't care what happens five years from now. We're talking about what's going to happen to all of us.
    Sep 21 12:11 PM | Link | Reply
  •  
    Dam it, I have to hate you now. Politicians make me sick ;)

    "Since market forces are no longer allowed to allocate capital and control risk, these decisions are now made by government regulators and are then passed through to their subordinates on Wall Street. This perverse organizational structure constitutes a new form of American fascism."

    Do you mean that, or are you exaggerating?
    Sep 21 01:33 PM | Link | Reply
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    Your articles have become very meaningless.. I don't see any facts or arguments in them anymore, just mindless ranting.
    Sep 21 01:52 PM | Link | Reply
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    Peter, I generally agree with your analysis and opinions but this is just wrong. Lehman was "allowed" to go belly up so GS could lose its last major competitor. It was a GS execution plain and simple by people in positions of trust in the US government. They should be investigated, indicted and convicted under the RICO statutes.

    www.rollingstone.com/p...
    Sep 21 03:36 PM | Link | Reply
  •  
    'unrealistic intransigence of fuld' - well said.
    the bear bailout created moral hazard that we will be forced to live with for a long time.
    zombie banks kept alive by federal $ transfusions - C, JPM, WFC, how many more to come?
    > jack
    Sep 21 03:36 PM | Link | Reply
  •  
    I'm at the annual Wall Street head traders conference -- I can report they have learned NOTHING from the demise of Lehman. Like rats that eat each other when no other food is around, as long as they can see their own tail intact they are happy. Sort of like certain fed officials, eh...
    Sep 22 11:17 AM | Link | Reply
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    Ben Bernanke: Public Enemy #1

    seekingalpha.com/insta...
    Sep 22 01:31 PM | Link | Reply
  •  
    I kept my job because of the bailout. Why would I want to lose my job to do what is best for America? The invisible hand extends to public policy.
    Sep 23 09:24 PM | Link | Reply
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    I kept my job because of the bailout. Why would I want to lose my job to do what is best for America? The invisible hand extends to public policy.
    Sep 23 09:25 PM | Link | Reply
  •  
    If allowed to fail those banks etc would have sold assets done layoffs , which is EXACTLY WHAT HAS HAPPENED ANYWAY

    So....... letting them "fail" means that the bad little boys and girls who did wrong would have been fired instead of being told by "mommy and daddy"," My child does no wrong, its the other kids who are bad"

    AND MORE IMPORTANTLY, the recovery would be quicker

    I am NOT stating that we would be out of the recession by now, but instead of having dug a hole deeper and deeper, we would at least have maintained a higher stature

    Its ok to have booms and busts
    same way childbirth and natural deaths are accepted part of life

    But Octomom type births and suicides we frown on
    Sep 24 11:08 AM | Link | Reply
  •  
    You all miss the point. Lehman is NOT the event. Bear Sterns IS the event.

    You're all sucked into this new cultural myth that the Lehman failure was some sort of important turning point. But if you didn't have your head up your asses the year earlier you would have known that the smart money was freaking out about the uncertainty regarding the Bear Sterns positions. The Fed created a "how to game the system" roadmap in the Bear Sterns case that played out for everyone but Lehman in the next year.
    Sep 24 02:36 PM | Link | Reply
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    YEP the mistake was lehman only if your circle was too small. Draw the circle larger it was the bailout of Bear.

    By the time lehman came around - since they were bigger they did not prepare for bankruptcy - why should they Bear got bailed out.

    The bankruptcy of Lehman could of been better managed but it was a result of not preparing due to the anticipation of a bailout per Bear.

    So if Bear did not get bailed out - can you let lehman collapse to - and my answer would be yes. You would do something similiar to S&L it would be orderly and backed by US govt. temporarily - it would not be a bailout but would be an orderly bankruptcy. All players would of prepared well in-advance. All said that was another dimension.

    Another hindsight would be Lehman was GS biggest competitor - GS rules our govt. how convenient Paulson didnt save Lehman. Funny I was watching Star Wars Episode 2 with my kids how interesting the Chancellor reminded me of Paulson - played both sides in the end to ultimately put him on top.
    Sep 25 10:59 AM | Link | Reply
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    I agree with you. I will make Prof. Fama happier.


    On Sep 21 09:56 AM Faisal Humayun wrote:

    > "Popular belief aside, allowing the institution to succumb to the
    > overwhelming debts on its balance sheet was perhaps the only correct
    > decision made by government since this crisis began."
    >
    > I would completely agree with this statement. The US authorities
    > are talking about more regulation for the financial sector. I think
    > the best regulation for the financial sector is to let the free markets
    > work.
    Sep 26 09:40 AM | Link | Reply
  •  
    I do not know why Schiff and his kool-aid drunk followers keep on bringing up Constitution every time they are short of a good argument. There is absolutely nothing in the Constitution about the Fed, bailouts, or a balance sheet. I do not understand why the label "fascism" used. Last time I checked, the term stood for an extreme nationalist ideology and racial superiority.

    It's just another useless article from Schiff that offers no numbers, no insight, and no analysis, but filled instead with pompous rhetoric and name-calling.
    Oct 16 02:56 AM | Link | Reply
  •  
    Peter Schiff News Blog: Peter Schiff on Inflation The Dollar and Gold on Freedom Watch 15 Oct 2009
    Source: peterschiffchannel.blo...
    Oct 17 01:26 PM | Link | Reply
  •  
    Joseph L. Shaefer writes:

    “...I'm at the annual Wall Street head traders conference -- I can report they have learned NOTHING from the demise of Lehman. Like rats that eat each other when no other food is around, as long as they can see their own tail intact they are happy...”

    Amen.

    How well intentioned and naïve can one allowed to be before it becomes suspicious behavior, a convenient camouflage of, in fact, being in cahoots with the perpetrators? This includes a – these days - very sheepish A. Greenspan, who invokes, as explanation and excuse for his failings, the force majeur of the “imperfect nature of human beings” that suddenly descended upon the delicate financial construct that was his Wall Street*, full of honorable gentlemen and ethical ladies ... what a fool!

    Working out of offices on lower Broadway (non financial sector) for more than a decade and spending the odd happy hour at the old Harry s Bar at Hanover Square, Delmonico s on Beaver Street and some other dives, confirmed to me that Frank Partnoy s book Fiasco was not a tale of a failed trader but plain fact. It also helped me, later, as your average gullible investor, to recognize and avoid some of these financial pit bulls on Wall Street* who have only one thing in mind: Rip off your face.

    If there would be a will by the regulators, the politicians, the central bankers, to really clean up the Street* and make it safer, there are a few very effective and easy to execute solutions how to get on top, control and, if no other remedy works, decimate that wilding gang. Just starve them of Government feed and they ll fall on each other, rip themselves apart, cannibalize their own specie to oblivion (metaphorically speaking, of course). IF there would be a will...

    Have a good day


    *reps for City of London, Frankfurt, Zurich, Spore, Paris, HK, etc to be fair
    Oct 27 07:46 AM | Link | Reply