Remember the fall of Lehman Brothers? During that debacle, 38 millions shares of Lehman were sold as naked short sales, driving the price of Lehman shares to practically zero. The U.S. Securities and Exchange Commission (SEC) stood by and did nothing. To this day, whatever investigation into the Lehman failure was due to short selling is not clear. The SEC has not made the names of the naked short sellers public. The Lehman bankruptcy involved securities fraud under SEC regulations. Why aren't the principals being prosecuted and convicted? The SEC has the power to ban firms and individuals from doing business and impose harsh fines on those convicted in this case.
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FeedShort sellers beware -- the regulators are coming
Continue reading Short sellers beware -- the regulators are coming
Bankruptcy advisers feed off the corpse of Lehman
The Lehman Bros. bankruptcy wiped out shareholders and left creditors and employees with anguishing losses, but it's been a godsend for an army of lawyers and consultants.The Wall Street Journal reports (subscription required) :Turnaround firm Alvarez & Marsal earned more than $30 million for less than three months of work for Lehman Brothers Holdings Inc., a fraction of what could ultimately be paid to advisers, experts say."
Lawyers on the case are earning as much as $950 per hour, and a law professor told the Journal that fees could be as high $800 million by the time things are over.
2008 was a tough year for law firms, but the winding down of massive corporate failures like Lehman and Bear Stearns combined with the litigation associated with managerial screw-ups like Citigroup (NYSE: C) should provide a steady stream of work for corporate lawyers for the next decade or so.
Lehman CEO looks to become judgement proof
Former Lehman Bros. CEO Richard Fuld -- the man who drove the company into extinction -- is proving himself to be one of the most shameless persons on the planet.Five years ago, he and his wife bought a $13 million mansion in Jupiter Island, Florida. He just sold it to his wife for $10. The reason seems obvious: with shareholder class-action lawsuits breathing down Fuld's neck, he's looking to preserve his assets from potential creditors or even a possible bankruptcy filing.
Lawyers tell The New York Times that the sale may not do much to protect Fuld's assets because the low price could qualify it as a case of fraudulent conveyance.
The Times reports on some additional Fuld shamelessness: "When Mrs. Fuld went shopping at Hermès over the holidays, she requested white bags - rather than the brand's signature orange ones - to try to disguise her purchases."
It's amazing that Fuld doesn't have more shame. He's more concerned about keeping his mansion than preserving whatever is left of his reputation as a human being. Is it even possible for him to enjoy his $13 million mansion at this point? Does he have any conscience at all? I wonder if the headlines trashing him even bother him. It's possible that he's deluded himself into thinking that he's done nothing wrong.
Bankruptcy becomes exit of choice
Some big companies have already gone bankrupt. The Tribune Company is the most recent. But, one of the trend's earliest victims was Lehman.
At the economy goes deeper into Hell with each passing month, bankruptcy attorneys will become the richest lawyers in America.
According to MarketWatch, "A sour economy and tight credit market clearly are just the right ingredients to bring about a wave of bankruptcies." There is no shame in it. Airlines have been doing it for decades.
Chapter 11 is actually a nifty way to stiff debt holders and employees. If a company can find an investor who wants to gamble they can get most of a bankrupt firm's assets in court, a debtor-in-possession, a judge can void loans and employment contracts in the name of keeping a troubled firm alive.
All of that may be good for the operations who seek court protection, but the trend would do further damage to the economy. Many of the firms who financed companies that are in trouble are banks. More losses for them will lead to more write-downs. And, that leads to more shareholder dilution and more government aid. On the employment side, cutting big numbers of people increases joblessness. That, in turn, ratchets down consumer spending and pushes up government costs to support those without work.
Otherwise, Chapter 11 is a great idea for companies in peril.
Douglas A. McIntyre is an editor at 24/7 Wall St.
Goldman Sachs (GS) to cut 10% of workforce, may be worse elsewhere
Goldman Sachs (NYSE:GS) has been the premier investment bank in the world for decades. It has been the leader in underwriting fees, M&A, and proprietary trading profits for longer than many bankers can remember. It has also sent senior executive from the company to work in the highest level jobs in Washington.
But, the firm is not immune to the credit crisis. It earnings have been hurt, although less than those of most other financial firms. So, it comes as some surprise that it will cut 10% of its 32,000 person workforce. According to The Wall Street Journal. "The cuts, expected throughout the New York-based company, underscore how much even the mightiest securities firms have been shaken by the 16-month credit crisis."
The news may be bad for Goldman but it is awful for almost every one of the company's competitors, most of which are doing much worse than Goldman is. Some corporation in the industry have already lost people. especially Bear Stearns and Lehman. But, the cutting may have only just begun elsewhere. Several analysts recently put out reports saying Citigroup (NYSE:C) may not make money for over a year.
There had been some hope that the Paulson rescue would improve financials at big banks by enough so that they would not have to take drastic measures, but the capital may not be enough if mortgage markets get worse. If Goldman can cut over 3,000 people, its competitors are probably looking at much larger numbers. There are tens of thousand of Wall St. jobs at risk.
Douglas A. McIntyre is an editor at 247wallst.com.
SEC focuses on rumors in probe of Bear and Lehman trading
The Securities and Exchange Commission, or NAMBLA for short, is focusing its resources on an investigation of whether gossiping short sellers hastened the collapses of Lehman and Bear Stearns by spreading rumors. The SEC is looking into a variety of rumors that spread in the days and months before the companies collapsed, including suggestions that some counter-parties had stopped trading with the firms.
I'll quote DealBreaker's brilliant commentary on the collapse of Bear Stearns:
Let's just say they did spread the rumors, which I don't believe they did (and, as an aside: if a company can be brought down by the corporate equivalent of 7th grade girls passing notes in class, perhaps it doesn't deserve to be in existence anyway).It's a shame that the SEC is tossing its very limited resources into wild goose chases that serve to intimidate the people who were smart enough to predict trouble at companies like Bear and Lehman, long before either company was giving investors the full story.
In the end, the short sellers were proven right because Lehman was insolvent, and a buyer couldn't even be found at $1. You can only blame the company's management for creating that mess.
Lehman CEO kicked out of his plush corner office
With Lehman Bros. in the midst of winding up what's left of its operations following its bankruptcy filing, chairman and CEO Richard Fuld has been kicked out of the corner office at Lehman's Manhattan headquarters -- and sent packing to to a 41st floor office at 1271 6th Avenue.
Lehman's building at 745 7th Avenue is now the headquarters for Barclays' investment banking operations. It has no use for Mr. Fuld. With a flair for drama, The Wall Street Journal sums it up (subscription required) this way: "Napoleon cooled his heels on Elba. The Dalai Lama lives in Dharamsala, India. And Lehman Brothers Holdings Chairman and CEO Richard Fuld Jr. will be banished to 1271 Sixth Ave."
Meanwhile former CFO Erin Callan -- who was pushed out as a sacrificial lamb back in July -- gave her first post-Lehman interview to Fortune, telling the reporter that Mr. Fuld had been brought to tears by the difficulties the company was facing.
If you're in the market for $15 million worth of Fuld's modern art collection, Christie's has got you covered.
Dick Fuld puts his art collection up for sale
The couple has been consigning parts of their collection to Christie's, the renowned auction house. 16 post-war drawings have been consigned with a pre-sale estimate of $15-$20 million. At its peak, Fuld's stake in Lehman was worth just under $1 billion, but those shares are now virtually worthless.
What does all this have to do with Lehman, the proposed bailout of the banking industry, and the economy? Nothing really. But at least it's now clear that the insiders will be suffering alongside taxpayers and foreclosed homeowners: Fuld has to part with $15 million worth of post-war drawings!
Who's going to buy that art, you ask? Perhaps hedge fund manager David Einhorn, who was one of the few people calling Lehman's bluff a few months ago, will drop a few bucks to redecorate his office.
Goldman Sachs & Morgan Stanley to become commercial banks
Late Sunday night it was reported by the Associated Press that the Federal Reserve announced it had approved the request of the two investment banks, Goldman Sachs Group (NYSE: GS) and Morgan Stanley (NYSE: MS), to become commercial banks and to take deposits, bolstering the resources of both institutions.
Since Bear Stearns was acquired in a fire sale by J P.Morgan Chase (NYSE: JPM) in March both firms have been under increased pressure to show their financial strength, but the bankruptcy of Lehman Brothers Holdings (NYSE: LEH) and the buyout of Merrill Lynch (NYSE: MER) by Bank of America (NYSE: BAC) last weekend have changed the playing field too much.
So what does this mean in short? It means the investment banks wanted the comfort and security of mama bear. They wanted the protection of the Federal Reserve, along with the ability to borrow from it at the discount window, and in a worst case scenario, to be bailed out like everyone else.
The Fed, from its perspective, knows this to be true and understands that if the investment banks -- now commercial banks -- can increase their reserves, then maybe a bailout will not be required, which is better for everyone. Along with this change will come additional requirements and regulation.
Sheldon Liber is the CEO of a small private investment company and the principal for design and research at an architecture & planning firm. He writes the columns Chasing Value and Serious Money. DISCLOSURE: I owned BSC and now own shares in its acquirer JPM.
Lehman Bros. and Bear Stearns are toast -- and on toast on eBay
I've put together a good-sized Enron memorabilia collection, inspired by the affordability. I was able to buy an Enron lunch bag on eBay for less than the cost of a similar nonbranded product at Wal-Mart.
The collapses of Lehman Bros. and Bear Stearns aren't anywhere near as interesting but the headlines have attracted a swarm of eBay listings. According to The New York Times, "When a big Wall Street firm goes belly up, one bet you can take to the bank is that memorabilia will be offered for auction on eBay within hours. "
If you're looking to support a charity instead of an opportunist -- or burned employee who, having lost his 401(k) grabbed a stack of mugs on his way out the door -- one seller sold a piece of toast with the initials "BS" and "LB" branded on each side. Proceeds benefit the Children's Diabetes Foundation in Denver. The price? A mere $15.50. A piece of toast that offers the ticker symbols of companies about to collapse would likely be worth far more.
As an investment, I don't think Lehman and Bear memorabilia are compelling: collectibles from the Enron and Worldcom blowups do not appear to have appreciated in value.
Mark Cuban on the cause of bank meltdowns -- it's not short-selling!
With theories flying about the cause of the problems in the financial sector, just about every possibility has been discussed. Unfortunately, the media has given tremendous attention to the "evil short-seller conspiracy" idea but, on his blog, billionaire Mark Cuban offers a more sane alternative: "Risk and reward have been decoupled for CEOs on Wall Street."
Cuban writes: "If you are the CEO of a major public company, once you qualify for your golden parachute there is absolutely no reason not to throw the Hail Mary pass, and do high risk deals every chance you get.... Lets just say for example, you run Fannie May or Freddie Mac. You basically f*** up the entire housing economy. Your punishment ? You walk away with 9mm and 14mm dollars as severance."
Instead of cracking down on short-selling, regulators and especially directors should be looking at the corporate governance issues that led executives at companies like Fannie Mae (NYSE: FNM), Lehman Brothers (NYSE: LEH), and American International Group (NYSE: AIG). One possible solution that is already beginning to take hold at many companies is providing executives with restricted stock grants instead of options so that there is an incentive to retain value rather than betting the farm on growth.
While Cuban's analysis is probably overly simplistic -- the recent mayhem is not only a result of poorly structured CEO pay -- the huge unchecked risks and excessive leverage at so many companies should lead to a renewed call for changes in corporate America.
How Paulson scared Washington into $500 billion bailout
Historians are likely to look back on this week as one of the most significant in American economic history. This was the week that the government let Lehman Brothers Holdings Inc. (NYSE: LEH) fail -- a record $639 billion bankruptcy, lent $85 billion to keep American International Group (NYSE: AIG) from collapsing, and pumped $300 billion into global financial markets to keep them from seizing up. But that turned out not to be enough to keep the markets afloat -- for that Hank Paulson needed the ultimate bailout.
While I don't remember much of the American History I studied in high school, one thing sticks with me today. It always seems that it takes a major crisis to get America to make big changes. It is never possible for leaders to foresee problems and take action to avert them before they turn catastrophic. The averting catastrophe approach always struck me as far smarter than the crisis approach. However, it seems that lawmakers need tangible evidence of prior bad outcomes to make the case that the status quo is deeply flawed and must change.
While he had already loosened up $800 billion in taxpayer money by Wednesday, Paulson needed an even scarier story to get Washington to agree to an additional $500 billion to create an agency to buy illiquid assets from financial institutions. What exactly did he tell Congress and the president to scare them into agreeing to this plan? AP suggests that he described evidence of the global financial market ceasing to function and painted a frightening picture of the economic and political chaos that would ensue if that functioning ceased for an extended period of time.
Continue reading How Paulson scared Washington into $500 billion bailout
Meltdown 2008: What Wall Street's crisis means for your finances
It seems like years ago, but it was only Monday when I wrote a post about what Wall Street's meltdown means to the average American. The post generated a slew of additional questions from readers who wanted to know, not just how their investments and the economy would be affected, but also how all aspects of their personal finances would hold up.Many BloggingStocks writers also heard from readers who wondered what was going to happen to their AIG insurance policy, the Lehman stock they didn't know their broker had bought for them, and their life's savings in their community bank. They asked us if their assets were safe and what they should do next.
To answer these questions and more, we teamed up with AOL Money & Finance on a feature, Financial Meltdown 2008, that offers concise answers to questions you may have about what the current financial mayhem means to different areas of personal finance. It's scary stuff. But, surprisingly, it's not all bad news.
Be sure to check it out and let us know what what we left out and any additional questions you might have.
A bit of foreshadowing: UBS may have $5 billion in write-downs
Now that a mass of mortgage-related write-downs has swamped major financial companies, Wall Street has turned its attention to the second half of the year to see whether the beatings will continue. Early indications are that they will. Both Lehman Brothers (NYSE: LEH) and Washington Mutual (NYSE: WM) have said they will take reserves for several billion in their third quarters.
The bank that has been hit hardest by the crisis may not even be American. Reuters reports that UBS (NYSE: UBS) will have to write down another $5 billion on its risky investments in the second half of the year according to the Sonntags Zeitung newspaper.
The IMF has predicted that total write-downs driven by the mortgage crisis will hit over $1 trillion. Only about half of that has hit the markets so far. If banks face a tremendous increase in reported losses, most will have to raise money which will cause another round of dilution.
Bank and brokerage stock prices are going much lower.
Douglas A. McIntyre is an editor at 247wallst.com.
No savior for Lehman so far
And now that's looking difficult. The Wall Street Journal reports (subscription required) that it has become "increasingly clear that a clean sale of the entire firm to a big bank would be too difficult to execute. . . Neither Barclays nor Bank of America wants to buy all of Lehman without some government assistance, and so far the government has been reluctant to do so."
Banks are considering that a fire sale of Lehman's assets, including commercial real estate, could further drive down prices and force other banks to take mark to market writedowns in a vicious cycle.
It's good to see that the Federal Reserve is feeling less generous about using taxpayer money to fund a bailout, although it might be that that's the least bad of all the possible outcomes. If it comes to that though, it probably won't include anything like the $10 per share gift that was given to Bear Stearns shareholders.



