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The Lehman Brothers Scandal (2008)

Company Background: Lehman Brothers Holdings Inc. was a firm specialized in the provision of global financial services. It was founded in Montgomery, Alabama, in the United States of America. The company had headquarters in New York City, New York,in the U.S. It ceased operations in 2008. The founders were: Henry Lehman, Emmanuel Lehman and Mayer Lehman.

What Happened? Lehman Brothers hid over $50 billion in loans disguised as sales. They allegedly sold toxic assets[1] to Cayman Island Banks with the understanding that they would eventually be rebought.
How they were caught: Their bankruptcy led to the discovery of the fraud. They filed for bankruptcy in 2008, which is the largest bankruptcy ever recorded. Their case was larger than that of Enron, Washington Mutual, WorldCom and GM combined. On September 15, 2008, Lehman brothers filed for Chapter 11 bankruptcy protection (Montgomery, n.d.).
Their bankruptcy filing came in as a blow to the financial industry as it was the largest bankruptcy case in United States history and it also came after repeated assurances were given by chief executives who said finances were healthy, leverage manageable and liquidity levels high.
Main Players: The main players of the Lehman Brothers scandal were the CEO; Richard S. Fuld and Lehman executives. Their auditor; Ernst & Young also had a key role to play in the fraud. They manipulated their books by using an accounting trick called ‘Repo 105’.
‘Repo 105’ is an accounting trick in which a company classifies a short-term loan as a sale and subsequently uses the cash proceeds from said sale to reduce its liabilities (Investopedia.com, n.d.). ‘Repo 105’ was a materially misleading report which temporarily moved $50 billion assets at the end of every quarter.
Penalties and Consequences: Lehman Brothers were not prosecuted by the Securities Exchange Commission (SEC) due to the lack of evidence. Later in 2010, New York Attorney General Andrew Cuomo filed suit against Ernst and Whitney, Lehman Brothers’ accountants, accusing them for having ‘substantially assisted … a massive accounting fraud’ (Wolff, 2011).
Ernst & Young, one of the Big Four auditing firms, has agreed to pay a $10 million to New York state to settle a lawsuit for overlooking accounting gimmicks by Lehman Brothers, the defunct Wall Street bank (Chatterjee, 2015).
As a result of the failure of Lehman Brothers, 26,000 people went redundant/lost employment and millions of investors lost all of their money.
Lessons Learnt: Large-scale global banking cannot be safely entrusted to private banks because their behavior yields socially unacceptable costs. Lehman Brothers failed their fiduciary duties, betraying both public and private trust.
Credit extension ought to be as equally socialized as dependence on credit is. As such, it is necessary that the public sector takes control of credit extension. Lehman Brothers’ bankruptcy exposes big global private banking as unaffordable and anachronistic (Wolff, 2011).
Irony/Fun in the Scandal: In 2007, Lehman Brothers was ranked the #1 ‘Most Admired Securities Firm’ by Fortune Magazine (The 10 Worst Corporate Accounting Scandals of All Time, n.d.)

[1] A toxic asset is a popular term for certain financial assets (such as securitization of subprime mortgages, collateralized debt obligations) whose value has fallen significantly and for which a functioning market no longer exists, such that the assets cannot be sold at a price that could be satisfactory to the holder. 

Works Cited

Chatterjee, P. (2015, April 16). Ernst & Young Pays $10 Million To Settle Lehman Brothers Audit Failure Lawsuit. Retrieved January 25, 2016, from CorpWatch Blog: http://www.corpwatch.org/article.php?id=16019
Investopedia.com. (n.d.). Repo 105. Retrieved January 25, 2015, from investopedia.com: http://www.investopedia.com/terms/r/repo-105.asp
Montgomery, A. (n.d.). The Dearth of Ethics and the Death of Lehman Brothers. Retrieved January 25, 2015, from sevenpillarsinstitute.org: http://sevenpillarsinstitute.org/case-studies/the-dearth-of-ethics-and-the-death-of-lehman-brothers
The 10 Worst Corporate Accounting Scandals of All Time. (n.d.). Retrieved January 25, 2015, from accounting-degree.org: http://www.accounting-degree.org/scandals/
Wolff, R. (2011, December 12). Lehman Brothers: financially and morally bankrupt. Retrieved January 25, 2015, from theguardian.com: http://www.theguardian.com/commentisfree/cifamerica/2011/dec/12/lehman-brothers-bankrupt

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