Ten years after fall of Lehman, lawyer still tracking down borrowers who committed fraud

From the story in The Denver Post, here:

“What I kept seeing over and over again is how greed manifests itself,” he said. “There was an unprecedented amount of fraud.” ... People lied about their income, they lied that a home would be a primary residence, they lied about how indebted they were, they even lied about who they were, using other people’s identities to take out loans.

“It was crime on a massive scale, but nobody viewed it that way,” he said.

Banking expert Chris Whalen sums up 2008 the same way, here:

People keep asking what we think of the 10-year anniversary of the collapse of Lehman Brothers.  Our answer is that not much has changed.  Lehman once had the best performing bank in the US and then it was gone.  Why?  Fraud on loans and securities.

It seems our biggest problem, from the top of our society all the way on down to the bottom, is that it is shot through with liars.

Remember that next time you read a poll, or a resume.

Let God be found true, though every man be found a liar. -- Romans 3:4

Janet Yellen's Fool's Errand: Finding A Way To Fix What's Supposedly Fixed

Everybody believes the financial crisis is over, but apparently Janet Yellen does not. She's more right than she knows, but that's a sign of something into which angels fear to look. This could be rough.

Quoted here:

Yellen said regulators must focus on ways to prevent another financial crisis. She spoke via video to a financial markets conference sponsored by the Fed's Atlanta regional bank.

"In 2007 and 2008, short-term creditors ran from firms such as Northern Rock, Bear Stearns and Lehman Brothers and from money market mutual funds and asset-backed commercial paper programs," she said. "Together, these runs were the primary engine of a financial crisis from which the United States and the global economy have yet to fully recover."

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Regulators specialize in keeping capitalism from cleansing itself through failure. According to this line of thinking, recessions are personae non gratae, and depression doesn't even exist as a conceptual category of the contemporary period. If one occurs, they call it something, anything, else, as in "The Great Recession". Bankruptcy? Fuhgeddaboutit. Until these are welcomed once again, that is, until reality penetrates into the penumbra of the reigning ideology, the zombie economics of the last 14 years are here to stay, or perhaps worse, and we shall continue to walk in the darkness.

Global banking crisis: How to be profitable when you can't do it the old fashioned way

Fire your workforce.

EU banks cut 80k positions in 2013 according to this story:

Spurred into action by falling revenue, mounting losses and the need to convince regulators they are no longer "too big to fail", banks across the globe have shrunk radically since the 2008 collapse of U.S. bank Lehman Brothers sparked the financial crisis. ... Europe's 30 largest banks by market value cut staff by 80,000 in 2013, calculations by Reuters based on their year-end statements showed. ... [I]n its heyday of 2008 . . . the 25 of the top 30 banks with comparable figures employed about 252,000 more than the 1.7 million they do today. 

American Businesses Have Saved $2.8 Trillion In Last Four Years Due To ZIRP

In the form of lower borrowing costs, according to this story from Bloomberg:

America’s companies, from Apple Inc. (AAPL) to Verizon Communications Inc., are saving about $700 billion in interest payments with the Federal Reserve’s unprecedented stimulus. ...

Savings of about $700 billion represents the difference between what companies that have sold bonds since Sept. 17, 2009, are paying annually based on an average maturity of nine years for securities in the Bank of America Merrill Lynch U.S. Corporate & High Yield Index, versus what they might have paid before the crisis.

After rising as high as 11.1 percent on Oct. 28, 2008, it wasn’t until Sept. 17, 2009 that yields fell below the pre-Lehman average of 6.14 percent, the Bank of America Merrill Lynch index shows.

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Just another reason corporate profits after taxes have skyrocketed to another record seasonally-adjusted annual rate of $1.83 trillion for Q2 2013.

5 Years Post-Lehman Bros. Bankruptcy, VTSMX Makes New All Time High

Vanguard's Total Stock Market Index Fund is up 163% since the March 2009 low of 16.43.

On the day Lehman Bros. failed in September 2008, VTSMX closed at 29.24 but proceeded to fall from there another 44% into 2009 despite the passage of TARP in early October 2008, and despite massive short-term discounted loans to just about the whole world by the US Federal Reserve Bank denominated in the trillions of dollars throughout the period.

From the 2007 high to September 15, 2008 this fund had already fallen from 37.80 or nearly 23%. The total decline of the fund from the 2007 high to the March 2009 low was nearly 57%.

A decline of that magnitude from today's new high would land the fund back at 18.81.

Massive Global Central Bank Balance Sheet Expansion Interferes With Interest Rates

The balance sheets of the world's biggest central banks have exploded 178 percent between May 2006 and November 2011.

So says the data compiled and illustrated by James Bianco in late January at The Big Picture here:

The combined size of [the world's largest] eight central banks’ balance sheets has almost tripled in the last six years from $5.42 trillion to more than $15 trillion and is still on the rise! ...

QE is an expanding of balance sheets via increasing bank reserves.  The purpose of QE ... is to increase bank reserves through purchases of fixed income securities in order to lower interest rates. ...

[I]t is fair to compare the size of these balance sheets (now $15 trillion) to the capitalization of the world’s stock markets (now $48 trillion). ...

Prior to the 2008 financial crisis, the eight central bank balance sheets were less than 15% the size of world stock markets and falling.  In the immediate aftermath of Lehman Brothers’ failure, these eight central bank balance sheets swelled to 37% the capitalization of the world stock market.  But keep in mind that the late 2008/early 2009 peak was due to collapsing stock market values combined with balance sheet expansion via “lender of last resort” loans.

Recently, the eight central bank balance sheets have spiked back to 33% of world stock market capitalization.  This has come about not by lender of last resort loans, but rather by QE expansion (buying bonds with “printed money“) even faster than world stock markets are rising.


Some people look at this information as evidence that the intent of the central banks is to boost asset prices to keep the illusion of growth going. But what if it's really just about buying time, attempting to secure lower roll over interest rates for refinancing massive debt loads which have become a giant millstone around the neck of the world?

The total public and private debt of the world's 35 most indebted nations alone tops $57 trillion, which is 95 percent of the $60 trillion in 2011 GDP of the world's 35 most productive nations. Of 27 of those most productive nations (not counting Greece whose 34.38 percent rate is an outlier) shown here, sovereign 10 year bond yields last week averaged 4.2 percent, implying world wide debt service payments of $2.4 trillion just to stay current.

The US alone spends nearly $0.5 trillion annually in debt service payments, and calls it a victory when $0.04 trillion in spending is cut. Meanwhile deficits and debt continue to build, here and abroad.

GDP growth averaging 3.5 percent per annum is the way out, but the debt burden eats up the progress.

This can't go on forever. 

Bank Bailouts Were a Comprehensive Assumption of Costly Downside Risks by the State

In other words, a form of fascism.

So says Steve Waldman at interfluidity.com, here:

Cash is not king in financial markets. Risk is. The government bailed out major banks by assuming the downside risk of major banks when those risks were very large, for minimal compensation. In particular, the government 1) offered regulatory forbearance and tolerated generous valuations; 2) lent to financial institutions at or near risk-free interest rates against sketchy collateral (directly or via guarantee); 3) purchased preferred shares at modest dividend rates under TARP; 4) publicly certified the banks with stress tests and stated “no new Lehmans”. By these actions, the state assumed substantially all of the downside risk of the banking system. The market value of this risk-assumption by the government was more than the entire value of the major banks to their “private shareholders”. On commercial terms, the government paid for and ought to have owned several large banks lock, stock, and barrel. Instead, officials carefully engineered deals to avoid ownership and control.

Top Corporate Bankruptcies

The largest corporate bankruptcies in US history, according to the most up-to-date report from The Wall Street Journal:

1) Lehman Bros., $691 billion

2) Washington Mutual, $327.9 billion

3) WorldCom, $103.9 billion

4) GM, $91 billion

5) CIT Group, $80.4 billion

6) Enron, $65.5 billion

7) Conseco, $61.4 billion

8) MF Global, $41 billion

9) Chrysler, $39.3 billion

10) Thornburg Mortgage, $36.5 billion

11) Pacific Gas and Electric, $36.15 billion.

Just four of these top failures occurred previous to 2008.

EU Crisis: PIIGS' Bankruptcy Could Dwarf Lehman's By Nearly Three Times

Phase One, in which Doris gets her oats, is now over.

Time to save your money. You're going to need it.

Carl Weinberg, the chief economist at High Frequency Economics is very worried about Europe. His central forecast is that the debt crisis will lead Europe into a depression that will mean soaring unemployment, deflation and zero interest rates for the foreseeable future.

After months of inaction, Weinberg believes the time to stop a Greek default has now passed. He believes that once it becomes clear that Greece has defaulted, the market will quickly come to the realization that other euro zone members like Portugal, Ireland, Spain and Italy will be allowed to fail as well.

With the so-called PIIGS (Portugal, Ireland, Italy, Greece and Spain) sitting on 3 trillion euros in debt, Weinberg is assuming losses could ultimately hit 50 cents in the euro, leading to a 1.5 trillion euro hit to the financial system.

This will in Weinberg’s opinion force banks to stop lending. Governments will then be forced to bail them out, elevating debt-to-GDP ratios for national governments to "horrific levels".

Read the full story here.

Evidence That Treasury Bill Financial Collateral Has Dried Up in Europe

From a recent column by Ambrose Evans-Pritchard:

Lars Tranberg from Danske Bank said European banks are reduced to borrowing dollar funds for "a week at a time" rather than the usual six to 12 months. "This closely resembles what happened in late 2008 . . .."

It's a run on the primary short-term funding money of the 21st Century, and T-bill yields have gone deeply south to prove it as demand for them increases: 14 day yields are at .005.

How Much of Your Money Market Fund is in the Repo Market?

Just days ago it seems we were worried sick about money market exposures to European banks who are in turn exposed to the PIIGS.

Overall US money market funds have had just under half of their assets in short term European investments, meaning that US cash savers in such funds are actually providing perhaps as much as several trillions of dollars in liquidity to Europe's stressed banks and sovereigns.

Now Jim Jubak thinks money market exposures to the repo market should also worry people, here:

My big worry is that the current slow erosion of faith in U.S. Treasurys will turn into a cascade of unanticipated consequences if the debt ceiling isn't raised. Treasurys play a unique role in the global financial markets. They aren't important only because they're jammed into so many global portfolios, including the portfolios of so many of the world's countries. They're also important because they serve as collateral on a huge percentage of the complex deals that use derivatives to shift risk around the globe. ...

Treasurys are used as collateral for cash loans in the repo (repurchase) market. In a repo agreement, the seller of a security agrees to buy it back from a buyer at a higher price on a specified date in the future. Repos are, in effect, short-term loans; they are used to raise short-term cash by banks and corporations. Central banks, such as the Federal Reserve, also use them to manage the money supply. To expand the money supply, the Fed decreases the repo rate at which it buys back government debt instruments from commercial banks. To shrink the money supply, the Fed increases the repo rate.

It's a huge market. Bank of America Merrill Lynch estimates that 74% of primary dealer repo financing -- or about $2.1 trillion -- involves Treasurys as collateral. ...

Money market funds have big chunks of their cash in the repo market. (Anyone who remembers the problems that the Lehman crisis created for money market funds should regard any advice on using money market funds as a safe haven in the event of a U.S. default with extreme skepticism.)

S and P 500 Companies Sit on $800 Billion in Cash, A New Record

This sum, however, is still less than half the total of all corporate cash.

The story from John Melloy is here:

“This is a systemic problem post-Lehman,” said Larry McDonald, author of ‘A Colossal Failure of Common Sense, the Lehman Brothers Inside Story.’ “After a near death experience with the capital markets closed for a record 18 months, they've raised cash now and are cautious. Imagine if you're a CFO and you went through this near death experience.”

Now Add "Shorters" to "Truthers" and "Birthers" in Conspiracy Theory Pantheon

I kid you not:

Another economic warfare tool that was linked in the report to the 2008 crash is what is called “naked short-selling” of stock, defined as short-selling financial shares without borrowing them.

The report said that 30 percent to 70 percent of the decline in stock share values for two companies that were attacked, Bear Stearns and Lehman Brothers, were results of failed trades from naked short-selling.

The collapse in September 2008 of Lehman Brothers, the fourth-largest U.S. investment bank, was the most significant event in the crash, causing an immediate credit freeze and stock market crash, the report says.

In a section of who was behind the collapse, the report says determining the actors is difficult because of banking and financial trading secrecy.

“The reality of the situation today is that foreign-based hedge funds perpetrating bear raid strategies could do so virtually unmonitored and unregulated on behalf of enemies of the United States,” the report says.

For the complete story at The Washington Times, go here.

The paranoid style in America lives to die another day!

Minyanville Founder and Dead-Head Asks The Stupid Question of the Year

"What's another word for thesaurus?" (Todd Harrison, here)

You'd think "treasury" would come to the mind of someone whose job it is to talk about money all the time, and preempt the question, but that would presuppose that Syracuse University required its honors graduates to know some Greek.

Enshrining Bailouts Into Law: Both Parties Terrified of Upsetting High Finance Status Quo

A reminder from Nicole Gelinas from July why the Dodd-Frank legislation was a failure:

For 25 years, Washington has done everything in its power to subsidize Americans' profligate borrowing habits. Debt became the fuel for economic growth. Washington subsidized the financial industry's borrowing through implicit guarantees against loss.

The feds first started rescuing creditors to "too big to fail" banks in 1984. Since then, it's become clear to lenders -- Wall Street's global bondholders and trading counterparties -- that the government would save them anytime a large financial firm foundered.

Indemnified against losses, bondholders could lend nearly infinitely to Wall Street. Wall Street found creative ways to lend that money right back to the public, through mortgage brokers and credit card marketers.

Some exceptions exist. In September 2008, the feds refused to rescue Lehman Brothers' lenders. But the exceptions have only proven the rule. Today, conventional Washington wisdom is that letting Lehman fail was a catastrophe.

The Dodd-Frank bill is a monument to the status quo. Despite promises that the bill will end bailouts, it enshrines bailouts into law.

Read the whole thing here.

Federal Reserve Appeal Denied, Continues to Stymie to Protect Banksters

Bob Ivry for Bloomberg News is reporting that the Federal Reserve's appeal in May of a March ruling requiring the Fed to disclose information under the Freedom of Information Act has been denied as of August 20:

The full U.S. Court of Appeals in New York, in a docket entry dated Aug. 20, denied a May 4 request by the Fed to review a three-judge panel’s unanimous March 19 decision requiring the agency to release records of the unprecedented $2 trillion U.S. loan program begun primarily after the 2008 collapse of Bear Stearns Cos.

Unless the court stays its decision, the Fed will have seven days to disclose the documents. In the event of a stay, the central bank and the Clearing House Association LLC, an organization of 20 commercial banks that joined the Fed in defense of the lawsuit, will have 90 days to petition the Supreme Court to consider their appeal. The Clearing House has already said it will ask the high court to rule on the case. ...

The amount the Fed and the U.S. government lent, spent and guaranteed to stem the recession and rescue the banking system peaked in March 2009 at $12.8 trillion, most of it following the September 2008 bankruptcy of Lehman Brothers Holdings Inc.

Go here for complete coverage by Bloomberg.

The Stench From Geithner's New York Federal Reserve Bank

Commentary from David Kotok of Cumberland Advisors yesterday:

It is important to understand that the narrative of this financial crisis period is not being properly written. It is being colored either by insufficient information on the part of writers and analysts, or it is being managed by those whose agendas conflict with telling the truth.

Let’s back these allegations up with some examples. Truth first! Has the behavior that occurred inside the Federal Reserve Bank of New York been fully revealed? There are hundreds of people working in the markets area of the NY Fed. What did they know and when did they know it? What did the leadership of the NY Fed know and when did they know it? Geithner specifically. And what about the directors? Fuld was on the NY Fed board. As Lehman CEO, is it conceivable that he didn’t know about repo 105? Does anyone believe that he didn’t know it would change his balance sheet? Can we accept that the CEO didn’t know that he had a UK legal opinion because a US firm wouldn’t give one? If he did know, was he in a conflict position while sitting on the board of the agency that was his potential savior and with whom he had primary dealer status? When Lehman had a $3bn repo rejected by another Fed primary dealer because it was worthless, did the Fed catch it? If yes, what action was taken? If not, why not?

By the way, another primary-dealer CEO also sat on the NY Fed board at the same time. What was his obligation as a Fed director? What was his duty when he saw a $3bn piece deemed worthless by his own people? Once they rejected Lehman and protected their firm, was their obligation over? Maybe yes if the CEO didn’t sit on the board of the NY Fed. But he did sit there, and therefore he wore two hats. The NY Fed continues to stink up the joint by trying to avoid transparency unless and until it is forced to do so. Bloomberg News sued the Fed for disclosure and finally succeeded after a judge found in favor of journalism.

The New York Fed now has listed the CUSIP numbers of the assets in the limited partnership created during the Bear Stearns Affair. Maiden Lane number 1 is now public. This pile of junk even includes short positions in AMBAC and MBIA debt instruments. Check the NY Fed website for details. Query: is a short position in AMBAC the proper use of a section 13/3 emergency loan of the central bank, authorized by the Fed’s Board of Governors and implemented by the NY Fed?

Remember that it is an accident of history which places the NY Fed in a unique position among the twelve regional Fed banks because it houses the Fed’s portfolio. The NY Fed president is also in a unique position in the Fed’s policy decision-making structure. He is a permanent voting member of the FOMC unlike his eleven other regional bank presidents who have to rotate their voting status.

In this writer’s view the behaviors at the NY Fed during Geithner’s reign were appalling and need full Congressional examination. The nest needs to be opened and any infestation of rats needs to be exhumed. Repo 105 and the special year-long examination of Lehman offer the first clues. And think about it: these revelations came about because a bankruptcy judge ordered it. They were not found by the Fed; they were not dereived from any criminal investigation. Where was the oversight of the NY Fed? Where were/are the legal arms of criminal investigation? And how much of this will be discussed and debated and placed into consideration BEFORE some new legislation commits this country to a financial regulatory system that we will have to live with until the next crisis?

Feds Must Disclose Where Over $2 Trillion Of Taxpayer Money Has Gone

And I'll bet you didn't know it was missing! The courts have spoken twice, but expect more delaying tactics by the Fed. Excerpts from the Bloomberg.com story as posted here follow:

The US Court of Appeals in Manhattan ruled today that the Fed must release records of the unprecedented $2 trillion US loan program launched primarily after the 2008 collapse of Lehman Brothers Holdings Inc. The ruling upholds a decision of a lower-court judge, who in August ordered that the information be released. ...

The US Freedom of Information Act, or FOIA, “sets forth no basis for the exemption the Board asks us to read into it,” US Circuit Chief Judge Dennis Jacobs wrote in the opinion. “If the Board believes such an exemption would better serve the national interest, it should ask Congress to amend the statute.” ...

“We’re obviously pleased with the court’s decision, which is an important affirmation of the public’s right to know what its government is up to,” said Thomas Golden, a partner at New York-based Willkie Farr & Gallagher LLP and Bloomberg’s outside counsel. ...

Lawyers for Bloomberg argued in court that the public has the right to know basic information about the “unprecedented and highly controversial use” of public money.

“Bloomberg has been trying for almost two years to break down a brick wall of secrecy in order to vindicate the public’s right to learn basic information,” Golden wrote in court filings. ...

The Fed’s balance sheet debt doubled after lending standards were relaxed following Lehman’s failure on Sept. 15, 2008. That year, the Fed began extending credit directly to companies that weren’t banks for the first time since the 1930s. Total central bank lending exceeded $2 trillion for the first time on Nov. 6, 2008, reaching $2.14 trillion on Sept. 23, 2009. ...

The case is Bloomberg LP v. Board of Governors of the Federal Reserve System, 09-04083, US Court of Appeals for the Second Circuit (New York).

Of "Large Loans Between Vulnerable States" in Europe

A credit expert from Frankfurt is quoted painting a very grave picture of Euroland:

"Economically, we are in a very risky situation. Greece is close to default. We face systemic risk like the Lehman collapse and unless there is a bail-out for Greece, there will have to be a bail-out for the whole European banking system within two or three months," he said.

Yet they are damned if they don't, and damned if they do. "A Greek bail-out increases the risk of EMU break-up, because monetary union can only work if everybody sticks to the rules," Mr Felsenheimer said.

French banks have $76bn of exposure to Greece, the Swiss $64bn, and the Germans $43bn. But this understates cross-border links. There are large loans between vulnerable states. The exposure of Portuguese banks to Spain and Ireland equals 19pc of Portugal's GDP. Interlocking claims within the eurozone zone are complex. Contagion can spread fast.

To read more of this story by Ambrose Evans-Pritchard, go here.

And then consider this, from March 2009:

Contrary to public perception, the Wall Street Crash of 1929 was not the major catastrophe of the Great Depression; it was merely the precipitating event. In fact it was the bankruptcy of Credit-Anstalt in 1931 that made the Depression truly global, and crippled banks throughout Europe and North America. The resulting run on banks throughout the world, with numerous banking failures, was the catalyst that accelerated the rise in global unemployment.

The rest of that is available here.

The crisis which came to the fore in September of 2008 is not over, not by a long shot.

"Obama's Policies Risk Another Depression"

Scott S. Powell and Ron Laurent, in "Obama's Policies Risk Another Depression" for The Detroit News, ask:

Light at the end of the tunnel or an oncoming train wreck?

In the panic following the insolvency of Fannie Mae, Freddie Mac and Lehman Brothers in September 2008, the American taxpayer was stampeded into bailing out AIG and Wall Street. We were told that $700 billion was needed to establish the Troubled Asset Relief Program (TARP) because the country faced nothing less than a collapse of its financial system.

Inexplicably after Congress passed it -- almost like a bait and switch -- TARP was directed at banks rather than troubled assets. A little more than a year later, TARP Inspector Neil Barofsky reports that AIG's $1.5 trillion in credit fault swaps did not, after all, pose systemic risk. So if we were misled about the TARP bailout, it seems appropriate to question other aspects of government intervention since unemployment, foreclosures and bank failures have risen. ...

Scott S. Powell is managing director of AlphaQuest LLC and a visiting fellow at the Hoover Institution. Ron Laurent is the managing partner and chief investment strategist of Veritas Partners LLC.


There's much more at the link.