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As the author of a new Lehman book, I was naturally a participant in the intensive media coverage of the anniversary of Lehman's bankruptcy filing a couple of months ago. As the furor quickly dissipated, I have had time to reflect on the Lehman collapse in the context of what I experienced in September. In short, I see a country failing to adequately discuss, much less address, the conditions that enabled the credit bubble and the global financial crisis Lehman sparked.

Just over a year ago, Treasury Secretary Paulson was smarting from criticism over the government-backed Bear Stearns marriage to J. P. Morgan to which he had reluctantly acceded. This was followed by the Fannie Mae (FNM) and Freddie Mac (FRE) bailouts. Ideologically incensed, he was by this point on a mission to teach Wall Street a moral hazard lesson . As Lehman Brothers crumbled and its suitors left the table, through the secretary's lens, bankruptcy of the firm became an imperative. Paulson's abandonment of the oldest major investment bank (with nods from Bernanke and Geithner) had devastating consequences. This fallout was not foreseen by our country's policymakers, but was viewed as a near certainty to many who work in or understand financial markets.

Soon after Lehman filed for bankruptcy, Paulson predictably awoke to a cataclysm. He scrubbed the words moral hazard from his vocabulary and reinvented his rationale for the Lehman bankruptcy as an inability to act due to legal impediments. Behind this transparent veneer of dodging blame, there was, however, an important shift in Paulson's and the government's collective view. A visceral desire to see to it that reckless Wall Street villains paid for their sins --- rather than taxpayers --- was overtaken by the practical need to act boldly to prevent unimaginable ruin.

Following the Lehman bankruptcy filing, I and my colleagues were relieved that Barclays, after the eleventh hour, acquired Lehman's North American operations. We were road kill, resuscitated because of a deft angle crafted by skilled lawyers. At the same time, our franchise now operated in an apocalyptic financial landscape. The Lehman bankruptcy hovered over the world like a mushroom cloud. Still, it could have been worse. Reeling from the shock and awe of the bankruptcy's collateral damage, our leaders, albeit clumsily, had seized the post-Lehman moment. AIG was bailed out a day after Lehman filed and the government acted to prevent an economic nuclear winter from truly smothering our country and the world.

Marking the one-year anniversary of the Lehman-sparked crisis, President Obama warned financial leaders that the excesses and reckless accumulation of risk in the recent past would no longer be tolerated. These were encouraging words, surely resounding on Main Street, but cynically discounted on Wall Street. To date, the new rulebook consists of little more than this Obama preface. Secretary of the Treasury, Geithner and Senator Dodd have talked of an uber-regulator to replace the rusted structure that currently passes for oversight. We await a true blueprint. New rules on compensation are under congressional discussion and are in the news, but already appear to be shaping up with gaping holes that invite disregard. There is talk of breaking up large financial groups so that none are so large that their individual failure undermines markets and economies. Much is discussed. Little action has followed.

As time passes, the opportunity for reform is slipping through our nation's fingers. The notorious Lehman anniversary has come and gone and is already becoming little more than a footnote to the financial crisis. As noted, I spent some days satisfying the media's insatiable appetite for anything Lehman. I found the attention, in many cases disappointing. I hoped the coverage I received would be substantive. With a few notable exceptions, I found the quotes excised from lengthy interviews were mostly a few tabloid words. Serious discussions of the many factors that created the conditions for the Lehman-triggered financial crisis were excised. Is it any wonder that the politicians feel less urgency for reform than they did a year ago? And so, yes, the anniversary has passed with great hoopla, but with tragically few truly scrutinizing the lessons of the Lehman bankruptcy. Instead, it was a time for many to reminisce about Dick Fuld's rage and the helicopter in which Joe Gregory, Lehman's former president, commuted to work.

We, indeed, remain at risk.

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Comments
15
     
  • Lehman was a SYMPTOM of the financial malaise that still prevails, not its cause.
    2009 Nov 24 11:43 AM Reply
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  • Agree that it was not the cause. It was 'the tragedy of the commons'...everyone pitched in a little bit, nothing was really illegal, and years of legal nitpicking to ease rules/restrictions/acc... and investing finally came home. I applaud quick govt action to stop panic, but worry they have only perpetuated the situation where banks get easy treatment. What has really changed? Lehman was the lamb, some entity had to be sacrificed. How they came to the decision we'll never know. So, we avoided panic and have enjoyed a period of calm. Is there any payback or will sit idly while lawyers convince congress that a commercial real estate loss is not really a loss afterall.
    2009 Nov 24 12:23 PM Reply
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  • Well my hope is that people in numbers will speak out. One small way people can do something is by contacting their Congressional representatives and demand meaningful change. On my blog is a link in the sidebar on the write called Tell My Politician. If you click on it you can easily send a message to yours. There may also be a tellmypolitician.com site - not sure, if you don't want to go through my blog.
    2009 Nov 24 06:02 PM Reply
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  • Nicely done - now I don't have to write my article...

    "Two years after Bear Sterns: We Remain at Risk"
    2009 Nov 24 06:51 PM Reply
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  • Thank you Mr. Tibman, it is vital that the need for reform of the investment banking sector be kept on the front burner of public concern. The twin errors of simply letting this issue fade away or becoming diverted into side issues of executive bonuses and other remuneration must not prevent reform of a fundamental nature.

    The economic distortions fuelled by poor investment practices, lack of adequate internal oversight of investment bank and near bank operation, inadequate regulatory institutions and practices and inadequate bank and near bank capitalization and risk control contributed significantly to what almost became a deflationary depression. This weakness needs to be addressed.
    2009 Nov 24 09:17 PM Reply
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  • Thx


    On Nov 24 06:51 PM pacalis wrote:

    > Nicely done - now I don't have to write my article...
    >
    > "Two years after Bear Sterns: We Remain at Risk"
    2009 Nov 24 10:29 PM Reply
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  • Since TARP, policy has been 100% throwing good $trillions after bad. No reform or cleanup.
    I've lived my life in a society that gives lip service to markets, capitalism, entrepreneurship and production. The reality is that we've engineered paper gains from a financial house of cards and squelched producers with taxes, regulations and endless Orwellian hurdles.
    You mention "skilled lawyers" saving the day. Them and other rule issuers and enforcers have increased their control of the system to such an extent that reality is what they say it is. They have MSM and false statistics to prove it. They provide themselves the easy path they deny to businesses in the remnants of the private economy. Without a hint of facing moral hazard, or moral anything, they now are poised to bring the whole system down on our heads.
    2009 Nov 24 11:03 PM Reply
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  • I saw the skilled lawyers comment and had to ask where were these skilled lawyers when Reuters reported "Lehman raises dividend, sets 100 mln share buyback" in January of 2008. The skilled lawyers were advising them to sell the shares back to the market for a fraction of the price a few months later.

    Here is the problem that we aren't and won't address. The public Treasury is open season for people with connections. When Lehman saw that the equity positions of Bear were paid at well more than their value, they were encourage to leave risk on the table. The government gave Lehman a false sense of hope that failure would be backstopped by the taxpayer. Why not take the risk?

    Lehman failed because of poor business decisions. Raising the dividend wasn't the worst decision, but just the most visible that they really didn't think that they would be left holding the bag for the risks that they took.


    On Nov 24 11:03 PM Leftfield wrote:

    > Since TARP, policy has been 100% throwing good $trillions after bad.
    > No reform or cleanup.
    > I've lived my life in a society that gives lip service to markets,
    > capitalism, entrepreneurship and production. The reality is that
    > we've engineered paper gains from a financial house of cards and
    > squelched producers with taxes, regulations and endless Orwellian
    > hurdles.
    > You mention "skilled lawyers" saving the day. Them and other rule
    > issuers and enforcers have increased their control of the system
    > to such an extent that reality is what they say it is. They have
    > MSM and false statistics to prove it. They provide themselves the
    > easy path they deny to businesses in the remnants of the private
    > economy. Without a hint of facing moral hazard, or moral anything,
    > they now are poised to bring the whole system down on our heads.
    2009 Nov 25 12:59 AM Reply
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  • So nobody wants to discuss these issues. I'm glad to hear that, because once the discussion starts we experience a barrage of crank suggestions and protests. I prefer leaving the economics to the experts - assuming that they deserve this title.
    2009 Nov 25 10:31 AM Reply
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  • Dancing around the real issue: Our political system has been corrupted by the hundreds of millions of dollars, if not billions, that has been pumped into the pockets of our elected representatives by big business. To simply whine about congress' talking but not acting does a disservice to anyone who wants to truly understand what happened and why.
    Let me repeat: Business has corrupted the political process. It now completely favors their interests with no real oversight to curtail their greed. With this group it is not country first, as John McCain used to like to say, but profits first and damn the country.
    So save the long winded explanations and handwringing and start calling a spade a spade. Bad mouthing congress as a do-nothing failed institution is only describing the symptom not the cause. Treat the cause if you truly want to change the symptom. How about publicly listing the political contributions made to every politician whenever they appear to offer an opinion or articulate a position so at least, we know who is paying them to have that opinion or position.
    2009 Nov 25 11:03 AM Reply
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  • sebiamo, well done. The entire govt. is run by those interests, flat out. The banking problems were spectacular for sure.....but much more sinister problems exist with the health care and drug giants. That might even be bigger than any Goldman Sachs adventure! At least the banks provide some services that we pay for as individuals....we can shop for them and competition forces some band of expected results. Health care? Its genius. Total genius. They sell services to the govt. ( that has lax supervision standards) and legislate in an auto pay from our salary for services we are 'assigned' with absolutely no provision for results oriented decision making!!!!!!!!!!!!!!! We pay, we go where we are told, get the services they decide on and when, and get reimbursed what and when we are told. Oh, and its not negotiable. This kind of thievery makes the banks look like childs play. Now, try and get a politician to speak out against a health care company.
    2009 Nov 25 11:27 AM Reply
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  • Essentially agree with you. Don't think I said they saved the day - just that they saved some jobs. And the jobs saved are minutia compared to the number of lives negatively impacted by the financial crisis, that the Lehman bankruptcy worsened. Also, the dollars that lawyers and others are earning on work involving the bankrupt entity is mind-boggling. Thanks for your comment.


    On Nov 24 11:03 PM Leftfield wrote:

    > Since TARP, policy has been 100% throwing good $trillions after bad.
    > No reform or cleanup.
    > I've lived my life in a society that gives lip service to markets,
    > capitalism, entrepreneurship and production. The reality is that
    > we've engineered paper gains from a financial house of cards and
    > squelched producers with taxes, regulations and endless Orwellian
    > hurdles.
    > You mention "skilled lawyers" saving the day. Them and other rule
    > issuers and enforcers have increased their control of the system
    > to such an extent that reality is what they say it is. They have
    > MSM and false statistics to prove it. They provide themselves the
    > easy path they deny to businesses in the remnants of the private
    > economy. Without a hint of facing moral hazard, or moral anything,
    > they now are poised to bring the whole system down on our heads.
    2009 Nov 25 12:00 PM Reply
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  • As for the various comments about how big business, has corrupted government, couldn't agree more. There's been quite a lot reported about Wall Street dollars impeding reform. Certainly that's a factor not mentioned in my post.
    2009 Nov 25 12:06 PM Reply
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  • From Article above - " (Paulson) A visceral desire to see to it that reckless Wall Street villains paid for their sins --- rather than taxpayers --- was overtaken by the practical need to act boldly to prevent unimaginable ruin. "

    Ex-CEO of Goldman had little, if any, desire to punish reckless Wall Street villains. In the few days following the A.I.G. crisis, Paulson definitely communicated with Lloyd Blankfein on several occasions (more so than with any other wall street CEO) even before he received an ethics waiver to do so.

    www.nytimes.com/2009/0...

    In addition, many Wall Street banks, Goldman included, received 100% repayment for their exposure to credit-default swaps with A.I.G. Was this necessary to prevent a global financial meltdown ? Could these banks have received 60%, saved the taxpayers billions, and still survived ? It doesnt take a quant to answer that.

    2009 Nov 25 12:48 PM Reply
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  • Still would like to know who naked short sellers were in the demise of both Bear Stearns & Lehman Bros., six months later.
    2009 Nov 29 03:25 AM Reply