The Wall Street Journal Friday morning reported that Lehman Brothers (LEH) in recent weeks moved $2.8 billion in loans — including some risky leveraged buyout deals — into a newly created collateralized loan obligation. And (think old Shake ‘n Bake commercials) the Fed helped! So did the credit ratings agencies, which gave the new vehicle, dubbed “Freedom,” investment-grade credit ratings. The deal, in turn, gives Lehman cash.

“It’s a creative way for banks to get liquidity from assets they don’t want to sell at fire sale prices,” said one industry exec. Others called it “brilliant.”

Creative? Brilliant? The “C” word, as in “creative financing,” is what got us into trouble in the first place; it’s often another way of saying, “We’ve figured out yet another way to help you afford what you can’t.”

As for brilliant, one former head of asset-backed trading at a few big banks (whose name is being withheld to protect the innocent) says:

I think calling it “brilliant” is about the most jaded comment I have seen through this entire deleveraging fiasco. That’s like calling it “genius” for a teenager to have his Dad bail him out of jail after a drunk driving arrest by using a bail bondsman who only takes a 10% security deposit.

It used to be that banks were required to consolidate 100% of an issue on the balance sheet even if they held only a small “B” or first loss note. The rationale was that if you held the risk of the pool, even only, say $15 million of a $200 million issue, you had to show the entire balance as assets, because you still held the effective VaR (value at risk) of all of the loans, as nothing changed except your maximum loss, not your maximum probable loss (which is effectively the basis fo all bank risk management).

My point is that in a real world, if Lehman still holds the majority of the risk on balance sheet and merely has a loan against the balance, it doesn’t exactly warm the cockles to think they have somehow turned it into “cash (they) could use to finance its business.”

Like I said — dead end economic policy arbitrage. It’s actually kind of sickening. I wonder if the Fed would like to give me a non-recourse loan so I could go “finance my business” down in Atlantic City at the roulette table. I have a foolproof stochastic VaR model that predicts nothing but red numbers for a long time!

Of course, if it doesn’t go as planned, they can always blame it on the short-sellers.

Herb Greenberg

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This article has 9 comments! Add yours below...

This article has 9 comments:

  • helplessobserver
    Apr 13 11:22 AM
    Herb,
    Last year at this time LEH could pull off this type of deal, but even with Fed backing they will find the Freedom CDO only worth what the market thinks the underlying securities are worth.
    Also, I hope you are well paid for putting up with Dennis Knelle on CNBC, what a pumper!
  • helplessobserver
    Apr 13 11:22 AM
    Herb,
    Last year at this time LEH could pull off this type of deal, but even with Fed backing they will find the Freedom CDO only worth what the market thinks the underlying securities are worth.
    Also, I hope you are well paid for putting up with Dennis Knelle on CNBC, what a pumper!
  • Frederick
    Apr 13 02:43 PM
    If Lehman transferred these assets into a CLO (usually done by selling the assets into a bankruptcy remote SPV) and then sold say the senior 80% tranche which was rated investment grade to investors then Lehman only retains the bottom 20%. Sure, this is the riskiest first-loss portion but it is certainly better than holding 100% of the assets and they get cash back from the investors in the senior note. Also, it means that their maximum potential loss is only this 20% unlike the 100% it was. As a result it kills two birds with one stone - it reduces Lehman's worst case exposure and gets some more cash in thereby enhancing liquidity. "Brilliant" may be an excessive term, this is fairly basic stuff to most structured credit specialists, but it certainly makes sense. Also, as this first loss piece has a low rating, this should require a greater amount of risk capital to be put aside under Basel II. Indeed if it is unrated then it could be 100% of the retained notional - i.e. the maximum loss.
  • deefree
    Apr 13 08:11 PM
    giving an investment banker access to the Fed window is like giving a crackhead access to a cocaine mine.
  • WaveNet Pharma
    Apr 13 10:33 PM
    Creative or not, it is time that we stop this financial institution bashing -- whether banks or brokers or insurance companies.
    They are facing the challenge of many generations -- and with them the entire US industrial fabric, our currency and our economy.

    Yes, they should have been a lot more prudent with leverage and risk management. But, no, sitting on the sidelines and throwing rocks at them is not the solution.
  • MAG
    Apr 14 06:50 AM
    WaveNet...it is exactly the needed solution so these things do not happen again in the future.
  • Ex15:26
    Apr 14 11:38 AM
    Ummmm.. Here's the problem with all of the "basic" structuring and engineering.

    If Lehman retains the first loss piece of this garbage, that means that the holder of Freedom has counterparty risk to LEH right? So, buyer of Freedom steps up and buys CDS insurance on LEH.
    Fast forward a month or two and LEH goes into a rumored solvency crisis...... the FED has no choice now but continue chasing its tail trying to and protect LEH by allowing for more toxic swaps. On the other hand, if LEH goes down (it won't be permitted to) then Freedom buyer now holds garbage without anyone taking the first loss position (ok, yes, he's in line with all other creditors). Sure he's got CDS protection from someone on LEH, but are they good for it?
    What if Freedom buyer levers up this stuff because it is AAA and then LEH goes down? Suddenly margin calls will be made and hedgefund buyer must sell at any price to get out of the trade.
    Again, IF EVERYTHING GOES GREAT, EVERYTHING WILL GO GREAT! Unfortunately, we don't know where the next problem will come from, we can just be pretty certain they'll be another problem that will impact others.

    Sound familiar? Oh yeah, it's the same song, second verse.
    The CRA (Credit rating agencies) are so brutal and complicit in this! Everyone in this mess is simply grasping at straws hoping that everyone will go along with the party.
    Herb, I enjoy your stuff because you actually question the bull that is being shoveled around.
  • Frederick
    Apr 14 12:11 PM
    No the buyer does not have counterparty exposure to Lehman. The assets would have been sold into an SPV which is bankruptcy remote from Lehman. i.e. Lehman does not own them. Lehman then buys the first loss tranche from the SPV and the other tranches are bought by investors looking for investment grade assets.
  • Frederick
    Apr 14 12:13 PM
    PS That's how it normally works - I don't know the details of this specific trade.
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