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Wall Streetwalkers: The Sleazy Lehman Brothers Subsidiary

Lehman Brothers maintained its squeaky-clean image by relying on its seamier subsidiary. Just call her Aurora.

Founded 158 years ago by two Alabama cotton traders, Lehman Brothers essentially focused on bond trading for much of its history, and built a reputation as the ultimate white-shoe financial firm: untouchable, a Wall Street flagship, and an engine of the city's economy.

The company had an entire office that just handed out charitable donations each year to dozens of nonprofits here and abroad, including $5 million to the World Trade Center Memorial Foundation and $1 million to the Apollo Theater in Harlem. In 2007, employees donated $4.6 million, with the company matching those gifts, dollar for dollar. The company even had its own art curator.

Lehman won major business awards each year. Lehman was named the "most admired" securities firm in 2007. And this year, somehow, Business Week named Lehman one of the 50 best-performing companies in 2008.

Lehman's boss, Fuld, collected a number of society honors, including a 2006 Rockefeller Award from the Museum of Modern Art.

Named CEO in 1994, Fuld doubled the number of employees in the firm and led it through an impressive increase in revenue and stock value.

And, predictably, he became very rich. In testimony last month, he told the House Oversight Committee that he had made $60 million, plus another $240 million in stock that he sold. He owns a $21 million apartment in New York City, a $14 million home in Florida, a summer home in Idaho, and millions in artwork.

Fuld also waded heavily into the business of selling mortgage-backed securities to investors. You could argue that Lehman's growth precisely paralleled its increasing involvement in those types of investments.

Lehman was able to broaden its portfolio following the repeal of the Glass-Steagall Act in 1999, during the Clinton administration. The act prevented banks from investing on Wall Street, thus shielding consumers from riskier transactions. Once that protection was gone, Lehman could gamble away, and it became among the largest issuers of mortgage-backed securities. The share price had soared from its 1994 price of $5 to $86 in 2007.

Now that Lehman's stock is nearly worthless, several of the pension funds that lost their shirts investing in the mortgage-backed securities have sued Lehman for misrepresenting its financial position as things went sour.

A complaint filed by the pension fund of plasterers' union, Local 262, quotes a memorable bit of obfuscation from a Lehman spokesperson back in July 2007, when things had already started to go bad: "Rumors related to subprime exposure are unfounded."

"They were not telling the truth with regard to their exposure," says Local 262 attorney Curtis Trinko. "They were leading the investment world to believe that they were not exposed, while certain people in charge of those kind of investments had really gone deeply into it."

Representative Henry Waxman called Lehman "a company in which there was no accountability for failure." Four days before the bankruptcy, Waxman said, the Lehman board gave three executives $20 million bonuses.

Federal investigators recently issued subpoenas to a range of Lehman executives and divisions, as part of an investigation into whether the company misled investors during the year leading up to its collapse.

The demise of Lehman Brothers led predictably to a series of gauzy images: employees carting off their stuff; people mourning sentimentally about the company-that-was; nonprofits bemoaning the demise of a major sugar daddy; Fuld insisting that his tenure had been successful, and fulminating about the failure of the government to bail him out.

Even in the late '90s, however, the company was underwriting loans issued by questionable lenders. The company did a lot of the underwriting early on for loans issued by two of the more notorious lenders, Delta Funding Corp. and FAMCO, according to Josh Zinner, a lawyer with the Neighborhood Economic Development Advocacy Project.

The U.S. Justice Department sued Delta Funding in 2000 under the Fair Housing Act for a range of illegal behavior, which included charging unfairly large fees and penalties to homeowners, handing out kickbacks, and charging African-American homeowners more than whites.

In 2003, a federal jury in California held Lehman liable for helping FAMCO cheat borrowers. The jury ruled that Lehman not only knew about the fraud, but actually assisted the company in deceiving homebuyers. The jury fined FAMCO and Lehman $51 million.

Lehman also worked with United Companies Lending, which pushed scores of people toward foreclosure, especially in Philadelphia. United was investigated by federal and state authorities in Pennsylvania and Massachusetts for questionable lending practices.

Lehman was also involved with the mortgage insurance company Conseco, which was fined $27 million in 2002 for violating consumer-protection laws. In 2004, Conseco had to pay $20 million to settle an improper securities-trading case brought by the New York Attorney General and the SEC.

Lehman purchased BNC Mortgage, which gave Lehman a subsidiary that directly lent to homebuyers. And Lehman purchased the troubled Delaware Savings Bank in 1999 and changed its name to Lehman Brothers Bank. Delaware Savings had specialized in lending to homebuyers and purchasing mortgage loans.

Lehman also owned one of the largest loan-servicing companies that collect mortgage payments—the very same Aurora Loan Services that foreclosed on Grant and Christofferson.

Most folks believe that Lehman simply collected mortgages in one pot and then sold them to investors. But according to Ackelsberg, Lehman created the pot first and then went out looking for mortgages to fill it. In other words, the demand was coming from Wall Street.

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  • Courtney 12/05/2008 3:49:00 AM

    I always love how these articles breeze by the fact that the homeowner missed a payment and then the evil bank foreclosed. If these people paid their mortgage, we wouldn't have this problem. I hope New York has fun as they run the only profit center out of town and overseas. Wall Street does pay 20% of the operating budget for that shi**y state. I hope New York has fun becoming the next Detroit.

  • rayman 11/10/2008 11:07:00 PM

    thanks for the comments. as the writer of the article, i would love to hear from any current or former lehman employees on this topic. i can be reached via the voice email or 212 475 3300. thanks.

  • Megan46 11/09/2008 7:38:00 AM

    Well, the Psychotic Republicans who have no agenda or issues to run on are the reason you lost. As I recalled it was Sen. McCain who said; "this campaign is not about issues but personalities". Sen. Obama stayed on Msg. George Bush polices are allowing corporations to send jobs overseas, Union Busting, faith-base initiatives, no regulations, continuation of the trickle down theory base on tax-cuts to Corporations and the rich. A phony war, base on a lie of WMD�s (none were every found). Allowing Halliburton who are no more than war profiteering and our Gov�t paid them Billions of dollars through no-bid contracts. Let Capitalist regulate themselves since they know best. Then ask for a Bailout for the Banks and Wall Street that reeks of socialism and blame it on Poor and middle-class for buying houses they could not afford. Brass A** nerves. All you can talk about is Rev. Wright and Sen. Obama being a Muslim, which the people saw through. All the republicans offered was tired rhetoric and lies and all you people talk about was Rev. Wright and Sen. Obama being a Muslim and ignorant "Joe the plumber" which nobody cared about since it don't pay their bills or put food on the table!!!!!

  • Dhalgren 11/08/2008 10:19:00 PM

    Outstanding article, Mr. Rayman. I worked at Lehman from 1998-2008. When we acquired Aurora Loan and another mortgage subsidiary in California some people in Fixed Income and Ops saw the red flags. The people in Littleton were from a different culture and never fit with Lehman's four core businesses of Fixed Income, Equities, Investment Banking, and Wealth Management. When news broke in July that Lehman was on the hook ($350 Mil) for the failed exurb, McAllister Ranch, in Bakersfield, CA, and lost billions in Florida real estate development, we knew the end was near. This article explains the mistake Lehman made in acquiring a mortgage trader in Littleton Colorado, and how Dick Fuld went from being the best risk manager on the street to being the most reckless CEO in a nearly a decade. Great work!

  • Barquentine 11/08/2008 6:41:00 AM

    These muvvas should be put in jail. If there isn't a statute that can be used, Obama should make sure that one is immediately put into law.

  • ghostof'lectricity 11/06/2008 6:11:00 AM

    This is an excellent article and certainly tells us a lot about the sordid and double- and triple-dealing world of the investment bankers and finance "insiders" who plotted to make more profits for themselves no matter how many people got hurt along the way, then claimed to be victims when the whole Ponzi scheme collapsed. But I have one cavil about the article's metaphors and illustrative graphics: don't you think it's rather sexist and gratuitous to compare Lehman Bros./Aurora to a female prostitute? And the drawing of a sexy, scantily-clad, fishnet-stockinged hooker leaning on a street sign saying "Wall Street"? Was that necessary?

  • Will 11/06/2008 12:38:00 AM

    .... dubbya tee eff is wrong with these rich people who control these companies? do they really need more money at the expense of their brothers and sisters. it makes me so sad knowing these are the type of ppl who sit at the top of all the companies/services we deal with.

 

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