Insights at Lehman Bros.

by John M. Curtis
(310) 204-8700

Copyright October 6, 2008
All Rights Reserved.
                   

             Testifying Oct. 6 before the House Oversight and Government Reform Committee, former Lehman Bros. CEO Richard S. Fuld Jr. found himself in the hot seat explaining exorbitant bonuses and compensation paid while the business was going under.  Fuld admitted, though rhetorically, he didn’t have a clue why Lehaman Bros. wasn’t bailed out  by the government, like Bear Stearns, Fannie Mae, Freddie Mack and AIG, the nation’s largest insurance company.  While the FBI examines Lehman’s books for any criminal wrongdoing, Fuld expressed disbelief over the Fed’s decision to turn it back on the 158-year-old investment bank founded in Montgomery, Alabama.  “Until the day they put me in the ground, I will wonder,” said Fuld about why the Fed turned their back his company.  Fuld admitted to Chairman Henry Waxman (D-Beverly Hills) that he earned $480 million since 2000.

            Fuld comes in the same mold as Enron’s Ken Lay and Jeffrey Skilling, either going to prison or the grave acting clueless.  Fuld blamed Lehman Bros. collapse on a “crisis of confidence,” also known, back in the day, as a “run on the bank.”  He blamed Lehman’s collapse not on risky investments but on J.P. Morgan who refused to extend Lehman a $17 billion line of credit.  When that didn’t fly, he pointed fingers at the Treasury Dept. and Federal Reserve for not answering his prayers. After looting Lehaman’s piggy bank, Fuld felt entitled to his rewards and that of other senior management.  Before the company’s stock went into oblivion, Fuld managed to enrich himself and upper management.  After cleaning up, Fuld was asked by Waxman, “Is this fair?”  “This is pain that will stay with me the rest of my life,” expressing regret but denying accountability.

            Fuld doesn’t know the meaning of pain like when he’s indicted, handcuffed and booked by the FBI.  There’s no real pain for con artists expressing phony regret to Congressional committees but showing no compunction when he paid himself hundreds-of-millions, sending the company into a death spiral.  Waxman told Fuld internal Lehman Bros. documents “portray a company in which there was no accountability for failure,” the same pattern that led former New York Stock Exchange Chairman Richard Grasso to loot umpteen millions when the exchange tanked in 2003.  Fuld justified his millions while Lehman went under because it was approved by the Executive Compensation Committee.  “Don’t worry—they are only people who thin about their own pockets,” wrote Fuld in an e-mail, urging the committee to reject efforts to stop millions in paid to the executive suite.

            Fuld claims he doesn’t get why the government didn’t bailout his company, blaming it on today’s credit crisis.  “In other words, even Mr. Fuld was pleading with  [Treasury] Secretary Paulson for a federal rescue, Lehman continued to squander millions on executive compensation,” said Wax, telling the story why the government turned its back.  Fuld offered no assurance to Paulson that he would stop plundering the company before going into Chapter 7.  In case Fuld hasn’t noticed, the recently passed bailout bill has specific provisions to prohibit CEOs of failing companies from collecting exorbitant compensation.  Fuld didn’t think twice about protecting executive compensation at the expense of share and bond holders who were wiped out in Lehman’s bankruptcy.  Fuld received $70 million in executive compensation in 2007, despite the fact that Lehman was failing.

            Fuld used the same excuse as former Enron CEO and now convicted felon Jeffrey Skilling who artfully claimed Enron’s problems were caused by a “run-on-the-bank.”  Enron’s problems were in reality caused by fraudulent accounting practices, shifting bad debt to offshore accounts, while leaving the domestic balance sheet intact.  Enron performed its magic with the help of now defunct Big 5 accounting firm Arthur Andersen.  FBI investigators are not looking into how Lehman Bros., with the help of PricewaterhouseCoopers, might have cooked the books.  Had J.P. Morgan extended Lehamn Bros. $17 billion in credit, it’s likely the cash would have disappeared and the company still would have gone under.  “Lehman did not find itself in that situation by accident, it was the unlucky draw of a consciously made gamble,” said Dr. Luigi Zinales, University of Chicago finance professor.

            Reluctance to support bailout legislation stemmed from psychopaths like Fuld, who absolves himself from any accountability.  “This is a pain that will stay with me the rest of my life,” said Fuld, repeating verbatim the same phony words practiced by Lay and Skilling in the Enron debacle.  Fuld knew that his risky investment schemes eventually collapsed along with the rest of the real estate market.  Paulson and Fed Chairman Ben S. Bernnke had little sympathy for Lehman Bros. watching upper management get away with larceny.  As with other crooks in the news like former Countrywide CEO Angelo Mazillo, Fuld may feel “horrible about what happened” but until and unless he stands accountable, returns millions in unearned compensation and faces possible criminal charges he feels no real pain.  Like other con artists, Fuld joins the ranks of shameless  CEOs that plundered their companies.


John M. Curtis writes politically neutral commentary analyxing spin in national and global news.  He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.


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