December 29, 2008
"The Weekend That Wall Street Died"
Posted by Gordon Smith

The W$J has a feature on the death of Lehman Brothers. Lots of nuggets in this story, including this description of the last Lehman board meeting:

A more somber scene was playing out at Lehman. Directors, who had been camped at the Midtown offices all day, gathered at around 8 p.m. in the firm's board room. Weil lawyers and Lehman executives summarized the Fed meeting to the frustrated board.

"They bailed out Bear," said Roland Hernandez, the former CEO of Spanish-language TV network Telemundo and a longtime Lehman board member. "Why not us?"

One of Mr. Fuld's assistants broke in to hand him a note: The SEC chairman wanted to address Lehman's board by speakerphone.

Mr. Cox, criticized for his allegedly minor role in the government's bailout of Bear Stearns, had been reluctant to call Lehman. The SEC chief finally called from the New York Fed, surrounded by several staffers, at the urging of Mr. Paulson, the Treasury secretary.

"This is serious," said Mr. Cox. "The board has a grave matter before it," he said.

John D. McComber, a former president of the Export-Import Bank and a Lehman director for 14 years, asked: "Are you directing us to authorize" a bankruptcy filing?

The SEC chief muted his phone. A minute later, he came back on the line. "You have a grave responsibility and you need to act accordingly," he replied.

As the meeting wrapped up around 10 p.m., Mr. Fuld, his suit jacket now off, leaned back in his chair. "I guess this is goodbye," he said. Lehman would file about four hours later.

Chris Cox has been criticized for his inaction in the face of disaster, and that telephone call is emblematic of his approach to the crisis: enter the scene after the damage has been done and observe that things are really bad. What was the point of that call, anyway?

Last week Cox defended his passivity:

What we have done in this current turmoil is stay calm, which has been our greatest contribution -- not being impulsive, not changing the rules willy-nilly, but going through a very professional and orderly process that takes into account unintended consequences and gives ample notice to market participants.

So ... the last months could have been even worse without your steady hand? Is that seriously the argument?

It would be unfair to lay all of the problems with the SEC at the feet of Chris Cox, but let's just say that I am looking forward to seeing what Mary Schapiro can do with the agency.

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Comments (1)

1. Posted by Elizabeth Brown on December 31, 2008 @ 8:18 | Permalink

On Dec. 29th, the SEC added a page to its website detailing its actions during the credit crisis. See http://www.sec.gov/news/press/sec-actions.htm

Apparently, it is trying to show that it has not been passive these past few months. In some cases, they seem to be counting each stage of the regulatory process as a separate action. For example, they count writing the rules to strengthen the regulation of the credit rating agencies and the approval of measures to strengthen the oversight of the credit rating agencies as two separate actions. Technically, they are two actions but they are part of the same process. It seems a bit disingenuous to count them separately.

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