Timmy-Gate Takes a Turn For The Worse: Did Geithner Help Lehman Hide Accounting Tricks?

Just when you thought that nothing could stink more than Timothy Geithner's handling of the AIG bailout, a new report details how Geithner's New York Fed allowed Lehman Brothers to use an accounting gimmick to hide debt. The report, which runs to 2200 pages, was released by Anton Valukas, the court-appointed examiner. It actually makes the AIG bailout look tame by comparison. It is now crystal clear why Geithner's Treasury as well as Bernanke's Fed refuse to allow any light to shine on the massive cover-up underway.

Recall that the New York Fed arranged for AIG to pay one hundred cents on the dollar on bad debts to its counterparties--benefiting Goldman Sachs and a handful of other favored Wall Street firms. (see here) The purported reason is that Geithner so feared any negative repercussions resulting from debt write-downs that he wanted Uncle Sam to make sure that Wall Street banks could not lose on bad bets. Now we find that Geithner's NYFed supported Lehman's efforts to conceal the extent of its problems. (see here) Not only did the NYFed fail to blow the whistle on flagrant accounting tricks, it also helped to hide Lehman's illiquid assets on the Fed's balance sheet to make its position look better. Note that the NY Fed had increased its supervision to the point that it was going over Lehman's books daily; further, it continued to take trash off the books of Lehman right up to the bitter end, helping to perpetuate the fraud that was designed to maintain the pretense that Lehman was not massively insolvent.

Wray cites a NYT article on the subject of the Fed's involvement in hiding the insolvency:

They were considered the dregs of Lehman Brothers -- "bottom of the barrel," as one banker put it. But as Lehman executives tried to keep the floundering bank afloat in 2008, they used these troubled investments to raise quick cash that helped mask the extent of the firm's troubles. And they did it with the help of the Federal Reserve Bank of New York.

The newly released report on the collapse of Lehman Brothers -- which lays out what it characterizes as "materially misleading" accounting at the bank -- also sheds surprising new light on Lehman's dealings with the New York Fed.

Lehman engaged in a series of transactions with the New York Fed that were similar to the ones that drew criticism from the bankruptcy court examiner who investigated its collapse. The examiner, Anton R. Valukas, drew no conclusions about the transactions with the Fed, and focused instead on deals that were known inside Lehman as "Repo 105."

But the report by Mr. Valukas nonetheless raises fresh questions about the role of the New York Fed in supporting Lehman during the frantic months leading up to its collapse. It suggests that Lehman executives believed the Fed would be able to help the bank avert disaster and provide it with a business opportunity.

Geithner told Congress that he has never been a regulator. (see here) That is a quite honest assessment of his job performance, although it is completely inaccurate as a description of his duties as President of the NYFed. Apparently, Geithner has never met an accounting gimmick that he does not like, if it appears to improve the reported finances of a Wall Street firm. We will leave to the side his own checkered past as a taxpayer, although one might question the wisdom of appointing someone who is apparently insufficiently skilled to file accurate tax returns to a position as our nation's chief tax collector. What is far more troubling is that he now heads the Treaury--which means that he is not only responsible for managing two regulatory units (the FDIC and OCC), but also that he has got hold of the government's purse strings. How many more billions or trillions will he commit to a futile effort to help Wall Street avoid its losses?

Geithner has denied that he played any direct role in the AIG bail-out--a somewhat implausible claim given that he was the President of the NYFed and given that this was a monumental and unprecedented action to funnel government funds to AIG's counterparties. He may try to deny involvement in the Lehman deals. (Again, this is implausible. Lehman executives claimed they "gave full and complete financial information to government agencies", and that the government never raised significant objections or directed that Lehman take any corrective action. In fairness, the SEC also overlooked any problems at Lehman. (see here) But here is what is so astounding about the gimmicks: Lehman used "Repo 105" to temporarily move liabilities off its balance sheet--essentially pretending to sell them although it promised to immediately buy them back. The abuse was so flagrant that no US law firm would sign off on the practice, fearing that creditors and stockholders would have grounds for lawsuits on the basis that this caused a "material misrepresentation" of Lehman's financial statements. (see here) The court-appointed examiner hired to look into the failure of Lehman found "materially misleading" accounting and "actionable balance sheet manipulation." (here) But just as Arthur Andersen had signed off on Enron's scams, Ernst & Young found no problem with Lehman. (here)

In short, this was an Enron-style, go directly to jail and do not pass go, sort of fraud. Lehman's had been using this trick since 2001. (here) It looked fine to Timmy's Fed, which extended loans allowing Lehman to flip bad assets onto the Fed's balance sheet to keep the fraud going.

More generally, this revelation drives home three related points. First, the scandal is on-going and it is huge. President Obama must hold Geithner accountable. He must determine what did Geithner know, and when did he know it. All internal documents and emails related to the AIG bailout and the attempt to keep Lehman afloat need to be released. Further, Obama must ask what has Geithner done to favor his clients on Wall Street? It now looks like even the Fed BOG, not just the NYFed, is involved in the cover-up. It is in the interest of the Obama administration to come clean. It is hard to believe that it does not already have sufficient cause to fire Geithner. In terms of dollar costs to the government, this is surely the biggest scandal in US history. It terms of sheer sleaze does it rank with Watergate? I suppose that depends on whether you believe that political hit lists and spying that had no real impact on the outcome of an election is as bad as a wholesale handing-over of government and the economy to Wall Street.

At least Senator Kaufman, who took Joe Biden's seat, has spoken out on this outrage. But the Republicans are hoping to win back Wall Street's favor, so they are keeping quiet about this massive ongoing fraud, and, of course, the Obama White House, who received the most money ever for a presidential campaign from Wall Street, is demonstrating to Wall Street just what their largess has purchased. From HuPo, who picked up Simon Johnson's article in Baseline Scenario:

Last week, Senator Ted Kaufman (D., DE) gave a devastating speech in the Senate on "too big to fail" and all it entails. A long public silence from our political class was broken -- and to great effect. Today's Dodd reform proposals stand in pale comparison to the principles outlined by Senator Kaufman. And yes, DE stands for Delaware -- corporate America has finally decided that its largest financial offspring are way out of line and must be reined in.

Now, the Senator has gone one better, putting many private criticisms of the financial sector -- the kind you hear whispered with conviction on the Upper East Side and in Midtown -- firmly and articulately on the public record in a Senate floor speech to be delivered tomorrow (this is a direct link to speech). He pulls no punches:
   

"fraud and potential criminal conduct were at the heart of the financial crisis"

He goes after Lehman -- with its infamous Repo 105 -- as well as the other entities potentially implicated in those transactions, including Ernst and Young (Lehman's auditors). This is the low hanging fruit -- but have you heard even a squeak from the White House or anyone else in the country's putative leadership on this issue?

And then he goes for the twin jugulars of Wall Street as it still stands: The idea that we saved something, at great expense in 2008-09, that was actually worth saving; and Goldman Sachs.
   

"[T]his is not about retribution. This is about addressing the continuum of behavior that took place -- some of it fraudulent and illegal -- and in the process addressing what Wall Street and the legal and regulatory system underlying its behavior have become."

(Everywhere a "(here)" appears in Wray's text there is a link that I did not incorporate. It is way past my bedtime.)

"It is not necessary to have hope in order to persevere."