New Mexico Opinion of Lehman Brothers
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FAQ
Exposure to the mortgage market Lehman borrowed significant amounts to fund its investing in the years leading to its bankruptcy in 2008, an intricate process known as leveraging or gearing. A significant portion of this investment was in housing-related assets, making it vulnerable to a downturn in that market.
Liquidity crisis Central to the failure of Lehman was their inability to meet short term obligation (Valukas, 2011). Despite its high asset base, Lehman was experiencing intermittent liquidity problems.
The short answer was that Lehman was illiquid and lacked sufficient collateral to borrow enough from the Fed or to renew the repurchase agreement contracts (repos) to avert collapse. Surprisingly, just before filing for bankruptcy, Lehman was given investment-grade ratings by the big three independent rating agencies.
Lehman Brothers' ethical situation was characterized by several key issues: Excessive Risk-Taking: The company engaged in an environment where excessive risk-taking was encouraged and rewarded. This culture of risk-taking contributed to Lehman's substantial exposure to high-risk assets and investments.
Regulators claimed they could not have rescued Lehman because it did not have adequate collateral to support a bailout loan under the Federal Reserve's emergency lending powers. 14 Furthermore, the financial system was by then more fragile compared to when the Fed saved Bear Stearns.
Essentially, Repo 105 is an aggressive and deceitful accounting off-balance sheet device which was used to temporarily remove securities and troubled liabilities from Lehman's balance sheet while reporting its quarterly financial results to the public. These transactions were recorded as sales rather than as loans.
These included unethical management practices, deregulation, excessive risk-taking, poor corporate governance structure, fraud, and lack of a robust ethics code.
Presiding over one of the worst financial collapses in history, Richard S. Fuld, Jr. was the top executive at Lehman, leading the company to record profits before its economic crash. It is hard to pin the firm's disastrous decline entirely on Fuld, although he ultimately took responsibility for its demise.