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Lehman Brothers wants money back from Barclays

Late Tuesday -- on the one-year anniversary of its bankruptcy filing -- Lehman Brothers accused Barclays Capital (NYSE: BCS) of taking $8.2 billion more than it should have when it purchased some of its key assets a year ago. Less than a week after Lehman filed for bankruptcy, the court approved of the sale to Barclays. Now Lehman is asking a judge to force Barclays to return some of the money taken as part of the deal, including $5 billion it says was given as extra collateral, which was not disclosed to the court.

Interesting timing and an interesting claim, don't you think? The timing is interesting because it is a year after the bankruptcy filing, which sounds like more than just a coincidence. But what is truly interesting is the fact that Lehman is trying to get quite a bit of money back by making a claim that was not disclosed to the court.

Continue reading Lehman Brothers wants money back from Barclays

Why free markets can work

The New York Times reports that underneath the failure of Lehman Brothers Holdings Inc. (NYSE: LEH) was a desire by its CEO to get more money for his company than the Korean Development Bank was willing to pay. The reason Richard Fuld wanted more was that he was in a state of denial about reality. And that's a common problem facing successful people all over -- one I call confirmation bias -- in which a decision-maker ignores information that is not consistent with his or her world view.

And that is the beauty of a system of free markets in which there is complete transparency of costs and benefits and participants win and lose on the merits of their strategies. Until this weekend, the government had been operating under a scheme of private profits and nationalized losses. In other words, the taxpayer footed the bill for those multi-million compensation packages for the executives who generated the losses.

But with the government's decision to let the private sector live with the consequences of its bad decisions, we are getting closer to a free market system. Such a system would create powerful incentives for a vigilant attitude towards rapidly changing reality by managers -- such as John Thain -- who could see that Merrill Lynch & Co.. (NYSE: MER) would follow in Lehman's footsteps absent a deal. And if we had a system that solved the five flaws in our financial architecture, we could truly benefit from a system of free markets in the future.

Peter Cohan is President of Peter S. Cohan & Associates. He also teaches management at Babson College and edits The Cohan Letter. He has no financial interest in the securities mentioned.

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Last updated: May 26, 2012: 08:47 PM

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