And just like that the Lehman Brothers scandal drops off the front pages. And not just the front pages—the section fronts, too.
Say, we just learned about a $50 billion fraud on Thursday. Think there might be some newsworthy follow-ups here? Actually there are, and both The New York Times and Wall Street Journal have them, but they stuff them inside.
The Journal, which scored recently by bringing David Reilly back into the fold after a stint at Bloomberg, posts a Reilly news article looking at the culpability of Lehman auditor Ernst & Young. The paper dumps it on C7. The NYT has on the same angle—a very good one to examine closely—and slides it inside on B2.
Somehow the Times thought more people would care about Sorkin’s scoop on a $3 billion deal for Tommy Hilfiger or that it was more important than an auditor approving accounting fraud. They don’t and it’s not.
Look, I know that Lehman collapsed a year and a half ago, but this is a major story—one that finally gets awfully close to putting the crimes in the crisis. I’ll go ahead and say it: If you’ve wanted to know about the Valukas report and its implications, you’ve been better served by reading Zero Hedge and Naked Capitalism than you have The Wall Street Journal or New York Times. This on the biggest financial news story of the week—and one of the biggest of the year. These papers have hundreds of journalists at their disposal. The blogs have one non-professional writer and a handful of sometime non-pro-journalist contributors.
I’m hardly the only one who has noticed this. James Kwak of Baseline Scenario wrote this earlier today:
Overall, I’m surprised by how little interest the report has gotten in the media, given its depth and the surprising nature of some of its findings.
So, hi, MSM folks. Here are some bloggers’ Lehman ideas for you to borrow. But please, for once, give them credit:
— At Naked Capitalism, professor Frank Partnoy writes that:
The Repo 105 section of the Lehman report shows that Lehman’s balance sheet was fiction. That was bad. The Valuation section shows that Lehman’s approach to valuing assets and liabilities was seriously flawed. That is worse. For a levered trading firm, to not understand your economic position is to sign your own death warrant.
To its credit, the FT’s Alphaville blog (noted) is now on this angle.
— Naked Cap’s Yves Smith quotes at length an email from a reader who says the other Wall Street banks did similar accounting tomfoolery:
Around Dec 2007 bank I work for was approached by XXX to transact a total return swap transaction. The underlying for the TRS would be a large portfolio of ABSes (and CDO tranches – name your toxic stuff, it was there). The deal was offered as “You do TRS with us, we sell you the portfolio and at the end of the deal we buy the portfolio back, no risk, hey?”. It was very clear to me that this was a balance-sheet dressing exercise, as they were very keen to do the transaction before their reporting date.
When I pointed it to our legal dept., they said that since they are doing legal thing, it’s all OK. In the end we turned the transaction down anyway (and, in line with my suspicions about the reason once the reporting date passed they enthusiasm for the transaction evaporated).
Does anyone really doubt that?
— Yves Smith again, noting that Tim Geithner’s New York Federal Reserve ran stress tests on Lehman, and the company failed all three—but Geithner did nothing to them. This is a quote Smith pulls from the Valukas report:
After March 2008 when the SEC and FRBNY began onsite daily monitoring of Lehman, the SEC deferred to the FRBNY to devise more rigorous stress‐testing scenarios to test Lehman’s ability to withstand a run or potential run on the bank.5753 The FRBNY developed two new stress scenarios: “Bear Stearns” and “Bear Stearns Light.”5754 Lehman failed both tests.5755 The FRBNY then developed a new set of assumptions for an additional round of stress tests, which Lehman also failed.5756 However, Lehman ran stress tests of its own, modeled on similar assumptions, and passed.5757 It does not appear that any agency required any action of Lehman in response to the results of the stress testing.
Smith’s subsequent analysis:
So after the Fed was unable to come up with an objective-looking stress test that Lehman could satisfy, they permitted Lehman to devise a test with low enough standards to give itself a clean bill of health.
So why should we trust ANY government designed stress test, particularly when the same permissive grader, Timothy Geithner, was the moving force behind the ones dreamed up last year, which have been widely decried by banking experts, including Bill Black, Chris Whalen, and Josh Rosner? We linked to a simple analysis by Mike Konczal that demonstrates that for the biggest four banks alone, merely on their second mortgage portfolios, the stress tests of 2009 were too permissive to the tune of at least $150 billion.
Anybody want to follow up on that?
— And most important of all, Zero Hedge writes about what the Lehman report reveals about the murky, ripe-for-corruption Primary Dealer Credit Facility the Federal Reserve used to give cash to probably insolvent banks, which pledged their toxic assets as collateral. (UPDATE: Let me walk this back and dent my thesis: Eric Dash of the NYT wrote first about the Lehman Freedom CLO in the report, and Zero Hedge tipped its hat to him in its post. Apologies—and make sure to read Dash’s piece.)
How toxic? We don’t know. Our pal, the late Bloomberg reporter Mark Pittman, sued the Fed to reveal this information and won. But the Fed is stalling by appealing the decision, presumably hoping the whole storm will have blown over by the time it’s forced to release the information. And with the way the press is treating this Lehman story three days after it dropped, why wouldn’t the Fed take that gamble?
Here’s Zero Hedge quoting from the Valukas report:
In March 2008, Lehman packaged 66 corporate loans to create the “Freedom CLO.” The transaction consisted of two tranches: a $2.26 billion senior note, priced at par, rated single A, and designed to be PDCF eligible, and an unrated $570 million equity tranche. he loans that Freedom “repackaged” included high-yield leveraged loans, which Lehman had difficulty moving off its books, and included unsecured loans to Countrywide Financial Corp…
Lehman did not intend to market its Freedom CLO, or other similar securitizations, to investors. Rather, Lehman created the CLOs exclusively to pledge to the PDCF. An internal presentation documenting the securitization process for Freedom and similar CLOs named “Spruce” and “Thalia,” noted that the “[r]epackage[d] portfolio of HY [high yield leveraged loans]” constituting the securitizations, “are not meant to be marketed.” Handwriting from an unknown source underlines this sentence and notes at the margin: “No intention to market.
And Dick Fuld’s press criticism/management, also from the Valukas report:
Lehman may have also managed its disclosures to ensure that the public did not become aware that the CLOs were not created to be sold on the open market, but rather were intended solely to be pledged to the PDCF. An April 4, 2008 e-mail containing edits to talking points concerning the Freedom CLO to be delivered by Fuld stated:
“Given that the press has not focused (yet) on the Fed window in relation to the [Freedom] CLO, I’d suggest deleting the reference in the summary below. Press will be in attendance at the shareholder meeting and my concern is that volunteering this information would result in a story.”
To be clear, I’m not saying the media have not done good work so far on this story. Bloomberg had a tough story this weekend looking at the implications of the report for Dick Fuld (emphasis mine):
“I am the one who ultimately signs off and I’m comfortable with our valuations at the end of our second quarter,” then- Chief Executive Officer Fuld said on the conference call. “We have always had a rigorous internal process.”
The rigor was based on a shaky foundation, according to a 2,200-page report about the firm’s demise by Anton Valukas, the examiner for the bankrupt firm. Lehman Brothers “reverse- engineered” a key measure of stability, masking the firm’s true financial condition, Valukas said. Some asset valuations were also “unreasonable,” he said.
Keen to show that it had reduced leverage, a gauge of a company’s ability to withstand losses, Chief Financial Officer Ian Lowitt said on the June 16 call that the firm had shrunk its net leverage ratio to 12 times from 15.4 in the second quarter.
It accomplished the feat by reducing net assets by $70 billion, said Lowitt, who had just replaced Erin Callan in his post. “We’re going to operate conservatively,” he said.
Unbeknownst to shareholders, the firm was hiding $50 billion in assets through off-balance-sheet transactions known as Repo 105s that temporarily removed holdings until days after the quarter closed, according to Valukas. In the first quarter, the firm had used the same strategy to hide $49 billion in assets, he said in the report.
And contained in the Bloomberg story is this story idea from investment pro and blogger Janet Tavakoli, last seen here at The Audit standing up to the know-nothings on CNBC:
“Repos were just one of many ways to hide losses,” said Janet Tavakoli, president of Chicago-based financial consulting firm Tavakoli Structured Finance Inc. “All of the former investment banks used those techniques. All of them borrowed too much money and were overleveraged.”
Also, The Wall Street Journal’s Peter Eavis had a smart, as usual, take on what the Lehman report means for transparency and accountability, and the Journal also was good to look at the repo market on Saturday.
But the non-MSM blogs have led on this story.
It’s early yet, but that’s the rub with the stuffed stories today. If Lehman is slipping off the radar screen already, it seems unlikely we’ll see the full follow-through we need.
UPDATE: For more on coverage of Lehman, see my post on Clusterstock’s John Carney falling all over himself arguing that Lehman execs shouldn’t be prosecuted.

Welcome to my world. I work very hard for my money (ha) trying to increase focus on the role of the audit firms in the capital markets and now the financial crisis. I've been doing it for more than three years. I try to make it sexy. But the stories in MSM, in general, have no sizzle and little substance. They look for easy tropes like Enron and off-balance sheet shenanigans and miss the big stories. I write about the accounting industry and will continue because that's what I know and few others are doing so unless there's a major blow. When they lose interest I'll still be here. Stop by for a visit if you want to know more.
#1 Posted by Francine McKenna, CJR on Mon 15 Mar 2010 at 06:32 PM
FOOD FOR THOUGHT:
Lehman bankrupt... (OLD STORY) but what about the U.S. of A. Govt. itself???
"Ever since America's Declaration of Independence, deficit spending has been a recurring theme in Washington that invariably returns with a vengeance, especially during wartime. But it took 169 long years and seven major wars — from 1776 to 1945 — to rack up a cumulative deficit that matches the gaping budget hole of just 28 short days in February 2010!
What does the government resort to in order to finance these humongous deficits? The answer is obvious ...
Unprecedented borrowing: In just one week last month (ending 2/26), the U.S. Treasury issued ...
$32 billion in 7-year Treasury notes,
$42 billion in 5-year notes,
$44 billion in 2-year notes,
$8 billion in 30-year TIPS bonds,
$26 billion of 3-month bills,
$28 billion of 6-month bills,
$31 billion of 4-week bills, and
$25 billion of cash management bills.
Grand total: $236 billion in government debt issued in a single week, the most in the history of the world.
This means that Uncle Sam borrowed new money — and replaced old debt — at the rate of $390,212 per second ... $23.4 million per minute ... and $1.4 billion per hour — around the clock!
It is a pace of debt issuance that simply cannot be sustained without disastrous consequences."
- M & M.com
The good old U.S. of A. is heading towards BANKRUPTCY very soon folks!
I wonder is there such a thing as a "Chapter 11" for U.S. Govt.?? ehheheehe!!!
#2 Posted by CAMELOT, CJR on Mon 15 Mar 2010 at 08:13 PM
FOOD FOR THOUGHT:
Lehman bankrupt... (OLD STORY) but what about the U.S. of A. Govt. itself???
"Ever since America's Declaration of Independence, deficit spending has been a recurring theme in Washington that invariably returns with a vengeance, especially during wartime. But it took 169 long years and seven major wars — from 1776 to 1945 — to rack up a cumulative deficit that matches the gaping budget hole of just 28 short days in February 2010!
What does the government resort to in order to finance these humongous deficits? The answer is obvious ...
Unprecedented borrowing: In just one week last month (ending 2/26), the U.S. Treasury issued ...
$32 billion in 7-year Treasury notes,
$42 billion in 5-year notes,
$44 billion in 2-year notes,
$8 billion in 30-year TIPS bonds,
$26 billion of 3-month bills,
$28 billion of 6-month bills,
$31 billion of 4-week bills, and
$25 billion of cash management bills.
Grand total: $236 billion in government debt issued in a single week, the most in the history of the world.
This means that Uncle Sam borrowed new money — and replaced old debt — at the rate of $390,212 per second ... $23.4 million per minute ... and $1.4 billion per hour — around the clock!
It is a pace of debt issuance that simply cannot be sustained without disastrous consequences."
- M & M.com
The good old U.S. of A. is heading towards BANKRUPTCY very soon folks!
I wonder is there such a thing as a "Chapter 11" for U.S. Govt.?? ehheheehe!!!
#3 Posted by CAMELOT, CJR on Mon 15 Mar 2010 at 08:15 PM
Might want to recheck the NYT site now plus DealBook - Lehman seems to be leading all over the place -
#4 Posted by CAS, CJR on Mon 15 Mar 2010 at 11:59 PM
I started reading Zero Hedge shortly after it was born just more than a year ago. I have little in the way of economic or finance background, so more than half the stuff I read (e.g., bond spreads and bond heatmaps) flies safely over my head. But the other 40% I understand quite nicely, thank you, and it scares hell out of me.
What also scares hell out of me is that with the exception of a few pieces based on high-priced subscription tip sheets or what might, in a trading context, be called inside information, a lot of what ZH reports that I don't see elsewhere appears to be more or less publicly available. An excellent example was its piece noting that if you look at how much money the Treasury actually is spending every month on unemployment, then the actual unemployment rate is probably closer to 13% than 10%.
In 25 years of journalism, I was all alone on a story more than a few times. But ZH seems to live there -- while, so far as I know, never being proved substantively wrong. Which makes me wonder what else is going on out there that even they are missing.
And that thought scares me most of all.
#5 Posted by Lex Alexander, CJR on Tue 16 Mar 2010 at 09:03 AM
To be fair, I heard that the Valukas report contained many, many pages. It would take a long time to read. A very long time. It could potentially require a lot of hard work. A lot of work.
#6 Posted by Professional Journalist, CJR on Tue 16 Mar 2010 at 10:12 AM
Yes, but they were all over the ACORN story!
So, to sum up: if you have a bunch of political operatives playing dress-up and then splicing together b-roll into something that looks damning, even if they never release the unedited tapes so we know what was actually said, even if there is zero actual criminal activity occurring, even if you have no idea how many offices they went to before they found the out-takes they were looking for, even if what's involved are piddling sums of money, even if the leadership of the organization is unaware of problems and immediately re-trains employees and launches an internal investigation when there is a whiff of impropriety...that's front-page news, deserving of saturation media coverage and Congressional action.
If, on the other hand, you have evidence that a firm whose collapse set of the greatest financial crisis of the modern era, threw millions out of work (and out of hospitals as they lost their insurance) and out of their homes, sent our economy into a tailspin, you have evidence this firm was involved in crooked dealings that go all the way to the top...well, that's not really newsworthy.
And don't get me started on Blackwater's employees shooting Iraqi civilians and their CEO's million dollar bribe plan. Blink and you missed it.
#7 Posted by Anon, CJR on Tue 16 Mar 2010 at 10:17 AM
Throughout this crisis and the resulting news management or non-reporting I have wondered if the MSM types just sit around in a circle and pass the bong to decide what to report. They have no clue as to what the history of journalism means.
Weak Press, Weak Democracy. Yeah, we've got that.
MSM = MainStream Morons
#8 Posted by Ed, CJR on Tue 16 Mar 2010 at 11:02 AM
The NYT is doing a pretty good job of highlighting and discussing the Lehman issues, especially on the white collar crime aspect.
The blogs may be good at identifying issues to follow up on but their discussion often seems more interested in acting as an echo chamber for certain pet theories as opposed to determining the facts and following the facts to wherever they may lead. The comments from people with experience and knowledge in the industry are often more enlightening that the original posts.
#9 Posted by rita, CJR on Tue 16 Mar 2010 at 01:15 PM
I will reiterate something that was written here a year ago. The press simply does not have enough good sources regarding this crisis. Bloggers do. Why is that?
Many sources try MSM first. However, those sources found the MSM unreceptive or ultimately uninterested (or the print found its way to the cutting room floor as one senior editor advised happened three times with stories he had written). Discouraging isn't even the right word for that.
The Yves Smith's of the world were once professionals in this field. They have a background that is so clearly absent in reporters or their editors. Bloggers chase what they believe is important and they don't have to worry about number of column inches. They use unidentified sources and sometimes sources that are not widely known, sources that would never pass the "who are you?" test that MSM loves to throw out.
However, the bloggers' financial and business expertise affords them the ability to use nontraditional sources of information and to independently ascertain the credibility of those sources. They know if the person's story rings true or not.
Their experience also allows them to recognize when they are being led astray by more established MSM sources.
#10 Posted by Gary Greenberg, CJR on Tue 16 Mar 2010 at 03:06 PM
Lehman Brothers fraud, FRONT PAGE NEWS, Financial Times, two days in a row.
The British press is beating the pants off the American press, and the elite know it.
#11 Posted by Nathanael, CJR on Tue 16 Mar 2010 at 09:20 PM
Stop complaining.
DO something that matters.
Join the Zeitgeist Movement.
#12 Posted by The Colorado Chapter of the Zeitgeist Movement, CJR on Wed 17 Mar 2010 at 04:36 PM
There is so much happening around us on each day that a one does not realize that how soon a breaking news becomes a thing of past. We might not have been that alert at times to read out the full story, but thanks to you for updating the information at this place.
Fred from Debt Settlement
#13 Posted by Fred Esterly, CJR on Sat 9 Oct 2010 at 06:28 AM
Ues, but not everthing black and white, something is gray :)
Miranda
#14 Posted by Plavuse, CJR on Sun 6 Mar 2011 at 05:51 PM