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It's Not Our Fault We Went Bankrupt

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Former Lehman CEO: It's Not Our Fault We Went Bankrupt

September 1, 2010

 

Lehman Brothers' bankruptcy had nothing to do with Lehman Brothers, according to Dick Fuld, Lehman Brothers' former CEO.

Instead, Fuld argued at a public hearing today, Lehman went bust because the financial world wrongly lost confidence in the bank, and the government failed to effectively intervene.

He doesn't mention Repo 105, the accounting gimmick that Lehman used to hide billions of dollars in debt, according to a court-ordered postmortem of the bank.

In fact, in 1,680 words of prepared testimony, Fuld devotes exactly 15 words to what Lehman did wrong. And those 15 words are immediately followed by an explanation of why Lehman's errors didn't contribute to the bankruptcy:

In retrospect, there is no question we made some poorly timed business decisions and investments, but we addressed those mistakes and got ourselves back to a strong equity position ... There is nothing about this profile that would indicate a bankrupt company.

Here's the story of the Lehman bankruptcy, according to Fuld:

  The market was wrong to lose confidence in Lehman Brothers.

Lehman's demise was caused by uncontrollable market forces and the incorrect perception and accompanying rumors that Lehman did not have sufficient capital to support its investments.

Lehman suggested that the government ban naked short selling, or allow Lehman to convert to a bank holding company, or let it take deposits. The government refused, though it later wised up.

Each of those requests was denied at the time. Tellingly, though, each measure was later implemented in some form for other investment banks during the days and weeks following Lehman’s bankruptcy filing.

So Lehman went bankrupt.

This loss of confidence, although unjustified and irrational, became a self-fulfilling prophecy and culminated in a classic run on the bank starting on September 10, 2008, that then led Lehman to file for bankruptcy four days later, in the early morning hours of September 15.



Posted On 9/1/2010 1:20:51 PM



Worst Not Over for U.S. Comm Prop Mrkts

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S&P: The Worst Not Over for U.S. Commercial Property Markets
August 23, 2010

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The slump in the U.S. commercial property market didn't quite plumb the depths of the downturn in residential real estate, but although there are signs that home prices are nearing the bottom, commercial real estate could fall further.

According to an article published by Standard & Poor's Ratings Services, titled "U.S. Commercial And Residential Property Markets May Have Seen The Worst Of Their Slumps," despite a surge in foreclosures in the U.S. commercial real estate market, there were fewer defaults in commercial mortgage-backed securities (CMBS) than the rating agency originally expected.

"We still see fundamentals in the market declining--if at a slower pace--and we might see more delinquencies in CMBS," S&P says in the article.

As the U.S. economic recession spurred job losses and store closings, the commercial property market suffered sharp reductions in construction and steep decreases in prices. But although prices tumbled 39 percent from their peak--an even bigger drop than seen in residential real estate--the decline was tempered because there aren't as many commercial mortgages as there are residential loans, the article said.

In addition, loan-to-value ratios in the commercial market weren't as high as those in the residential sector as lenders learned from the drubbing they took in the late 1980s.

"The problem is severe but not quite as bad as in the residential market, and at this point it doesn't look quite as bad as we thought it might be," Standard & Poor's Chief Economist David Wyss said. "There's a more normal pattern in CMBS and commercial real estate because commercial real estate has always (been) a very cyclical business, and this has been a really bad cycle."

Amid diminished demand for new strip malls, office buildings, and the like, companies with well-positioned portfolios will probably benefit, in S&P's view, in what could be an active year for debt sales by REITs and homebuilders. After a six-month dearth of issuance leading up to March of last year--during which there was no issuance by REITs--Standard & Poor's rated $9 billion in REIT debt from June to December 2009, and sellers matched that amount in first half of 2010. REITs are using much of this debt to build war chests to take advantage of opportunities that arise.



Read more: http://www.insurancejournal.com/news/national/2010/08/23/112662.htm#ixzz0xS4XZvTR


Posted On 8/23/2010 12:38:58 PM



WOW!

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Billions for Iraq reconstruction unaccounted for; lax oversight blamed
More than 95 percent of $9.1 billion cannot be accounted for 

Baghdad, Iraq (CNN) -- A federal audit of $9.1 billion targeted for reconstruction in Iraq cannot account for more than 95 percent of it, a federal report said Tuesday.

The report, by the Special Inspector General for Iraq Reconstruction, blamed "weaknesses in DoD's [the Department of Defense's] financial and management controls" and called on the Pentagon to improve its financial and management controls.

The audit centered on the Development Fund for Iraq (DFI), which was established in May 2003 by the Coalition Provisional Authority (CPA).

After the CPA was dissolved in June 2004, the Iraqi government authorized the U.S. government to administer the funds used for reconstruction.

The Pentagon managed the DFI funds until the end of 2007, when its authority was withdrawn.

The special inspector general reviewed records from eight Defense Department organizations that received DFI funds.

"This situation occurred because most DoD organizations receiving DFI funds did not establish the required Department of the Treasury accounts and no DoD organization was designated as the executive agent for managing the use of DFI funds," the report concluded. "The breakdown in controls left the funds vulnerable to inappropriate uses and undetected loss."


Posted On 7/28/2010 9:13:49 AM



Top Chef Sues BP

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Top New Orleans Chef Sues BP Over Seafood Losses
June 28, 2010

Susan Spicer, one of New Orleans' most prominent and highly regarded chefs, has sued BP Plc for damages to restaurants that have lost normal seafood supplies because of the Gulf of Mexico oil spill.

Spicer, who runs the restaurant Bayona in New Orleans' French Quarter, is seeking class-action status on behalf of restaurants and others in the seafood industry that have suffered damage since the April 20 explosion of the Deepwater Horizon drilling rig.

In a complaint filed late Friday in New Orleans federal court, Spicer's lawyer Serena Pollack said the restaurants depend heavily on the availability of local seafood.

Because of the spill, they expect to lose customers because of lower tourism and convention business, contamination fears and significantly higher prices, the 18-page complaint said.

"Much of plaintiff's business is based on the unique quality of Louisiana seafood, as well as the chain of delivery of that resource from the initial harvester (be it fisherman, oyster grower or shrimper),'' Pollack wrote. "Because this chain of delivery can not be maintained, plaintiff's business has been, and continues to be, materially damaged.''

BP spokesman Mark Salt said the British company does not comment on litigation.

Bayona opened in 1990, and according to its website has since 1995 been one of New Orleans' top five restaurants in the Zagat Survey.

Spicer has received a James Beard Foundation award, and appeared as a judge on Bravo's "Top Chef'' and Food Network's ''Iron Chef America.'' She has also opened the New Orleans restaurants Herbsaint and Cobalt.

The lawsuit seeks compensatory and punitive damages from BP. It also names as defendants Transocean Ltd, which operated the rig; Cameron International Corp, which provided a blowout preventer; and a Halliburton Co unit that provided cementing services.

More than 250 lawsuits have been filed over alleged damage from the oil spill, according to the Westlaw database. Westlaw is a unit of Thomson Reuters.


Posted On 6/28/2010 12:47:35 PM



NFIP Will Cover Hurricane-Driven Oil Damage, FEMA Confirms

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NFIP Will Cover Hurricane-Driven Oil Damage, FEMA Confirms

By ARTHUR D. POSTAL
Published 6/9/2010 Subscribe to Property & Casualty 


NU Online News Service, June 9, 11:45 a.m. EDT

WASHINGTON—The National Flood Insurance Program will pay claims for damage to homes and contents from oil driven ashore during hurricanes, its officials have announced.

In a statement, Rachel Racusen, press secretary to the Federal Emergency Management Agency, which runs the flood program, said, “The mixing of oil and other pollutants in flood water is not unusual during a storm.”

She added, “Damage caused by these pollutants in flood waters is covered under the NFIP, subject to the provisions in the Standard Flood Insurance Policy.”

Effectively, Ms. Racusen confirmed what Mississippi Insurance Commissioner Mike Chaney told state residents in a statement released Tuesday by his office.

In the statement, Mr. Chaney said that to recover damages stemming from the additional risks oil poses should a hurricane strike, claimants seeking payment under the NFIP must prove there is a flood as defined in the standard flood insurance policy.

If that can be proven, Mr. Chaney said, damage caused by pollutants to commercial policies is limited to $10,000.

Home and condo payments will be limited to policy limits, and oil or water with oil in the yard is not covered.

Mr. Chaney further said that the cost of complying with any local or state ordinance, including one that requires special removal methods for oil, is specifically excluded, with the exception of certain floodplain management mitigation requirements.

Moreover, Mr. Chaney said, there will be no coverage for testing for, or the monitoring of, pollutants unless there is a law or ordinance requiring it.


Posted On 6/9/2010 11:18:51 AM