Causes Malfeasance A March 2010 report by the court appointed examiner indicated that Lehman executives regularly used cosmetic accounting gimmicks at the end of each quarter to make its finances appear less shaky than they really were. This practice was a type of
repurchase agreement that temporarily removed securities from the company's
balance sheet. However, unlike typical repurchase agreements, these deals were described by Lehman as the outright sale of securities and created "a materially misleading picture of the firm's financial condition in late 2007 and 2008".
Subprime mortgage crisis In August 2007, the firm closed its
subprime lender, BNC Mortgage, eliminating 1,200 positions in 23 locations, and took an after-tax charge of $25 million and a $27 million reduction in
goodwill. Lehman said that poor market conditions in the mortgage space "necessitated a substantial reduction in its resources and capacity in the subprime space." In September 2007,
Joe Gregory appointed Erin Callan as CFO. On March 16, 2008, after rival
Bear Stearns was taken over by
JPMorgan Chase in a
fire sale, market analysts suggested that Lehman would be the next major investment bank to fall. Callan fielded Lehman's first quarter conference call, where the firm posted a profit of $48.9 million, compared to
Citigroup's $5.1 billion and
Merrill Lynch's $1.97 billion losses, which marked Lehman's 55th consecutive profitable quarter. The firm's stock price leapt 46 percent after that announcement. In 2008, Lehman faced an unprecedented loss to the continuing
subprime mortgage crisis. Lehman's loss was a result of having held on to large positions in subprime and other lower-rated mortgage
tranches when securitizing the underlying mortgages; it is unclear whether Lehman was simply unable to sell the lower-rated bonds or voluntarily kept them. In any event, huge losses accrued in lower-rated mortgage-backed securities throughout 2008. In the second fiscal quarter, Lehman reported losses of $2.8 billion and was forced to sell off $6 billion in assets. In the first half of 2008 alone, Lehman stock lost 73% of its value as the credit market continued to tighten. In August 2008, Lehman reported that it intended to release 6% of its work force, 1,500 people, just ahead of its third-quarter-reporting deadline in September. Most of those gains were quickly eroded as news came in that Korea Development Bank was "facing difficulties pleasing regulators and attracting partners for the deal." On September 9, Lehman's shares plunged 45% to $7.79, after it was reported that the state-run South Korean firm had put talks on hold. Investor confidence continued to erode as Lehman's stock lost roughly half its value and pushed the
S&P 500 down 3.4% on September 9. The
Dow Jones lost 300 points the same day on investors' concerns about the security of the bank. The U.S. government did not announce any plans to assist with any possible financial crisis that emerged at Lehman. The next day, Lehman announced a loss of $3.9 billion and its intent to sell off a majority stake in its investment-management business, which included
Neuberger Berman. Lehman, after earlier rejecting questions on the sale of the company, was reportedly searching for a buyer as its stock price dropped another 40 percent on September 11, 2008. Lehman Brothers Investment Management Director
George Herbert Walker IV dismissed the proposal, going so far as to actually apologize to other members of the Lehman Brothers executive committee for the idea having been suggested. He wrote, "Sorry team. I am not sure what's in the water at Neuberger Berman. I'm embarrassed and I apologize." former Lehman Brothers CEO
Richard Fuld said a host of factors including a crisis of confidence and
naked short-selling attacks followed by false rumors contributed to both the collapse of Bear Stearns and Lehman Brothers. House committee Chairman
Henry Waxman said the committee received thousands of pages of internal documents from Lehman and these documents portray a company in which there was "no accountability for failure". An article by journalist
Matt Taibbi in
Rolling Stone contended that naked short selling contributed to the demise of both Lehman and
Bear Stearns. A study by finance researchers at the
University of Oklahoma Price College of Business studied trading in financial stocks, including Lehman Brothers and Bear Stearns, and found "no evidence that stock price declines were caused by naked short selling".
Bankruptcy On Saturday, September 13, 2008,
Timothy F. Geithner, then the president of the
Federal Reserve Bank of New York, called a meeting on the future of Lehman, which included the possibility of an emergency liquidation of its assets. Lehman reported that it had been in talks with
Bank of America and
Barclays for the company's possible sale; however, both Barclays and Bank of America ultimately declined to purchase the entire company, in the former case because the British government (in particular, the
Chancellor of the Exchequer Alistair Darling and the CEO of the
Financial Services Authority Hector Sants) refused to allow the transaction at the last minute, quoting stockholder regulations in the UK, despite a deal having apparently been completed. The next day, Sunday, September 14, the
International Swaps and Derivatives Association (ISDA) offered an exceptional trading session to allow market participants to offset positions in various
derivatives on the condition of a Lehman bankruptcy later that day. Although the bankruptcy filing missed the deadline, many dealers honored the trades they made in the special session. Shortly before 1 am Monday morning (UTC−5), Lehman Brothers Holdings announced it would
file for
Chapter 11 bankruptcy protection citing bank debt of $613 billion, $155 billion in bond debt, and assets worth $639 billion. It further announced that its subsidiaries would continue to operate as normal. The morning witnessed scenes of Lehman employees removing files, items with the company logo, and other belongings from the world headquarters at
745 Seventh Avenue. The spectacle continued throughout the day and into the following day. Brian Marsal, co-chief executive of the restructuring firm
Alvarez and Marsal was appointed as
chief restructuring officer and subsequently chief executive officer of the company. Later that day, the
Australian Securities Exchange (ASX) suspended Lehman's Australian subsidiary as a market participant after clearing-houses terminated contracts with the firm. Lehman shares tumbled over 90% on September 15, 2008. The Dow Jones closed down just over 500 points on September 15, 2008, which was at the time the
largest drop in a single day since
the days following the attacks on September 11, 2001. In the United Kingdom, the investment bank went to
administration with
PricewaterhouseCoopers appointed as administrators. In Japan, the Japanese branch, Lehman Brothers Japan Inc., and its holding company filed for civil reorganization on September 16, 2008, in
Tokyo District Court. On September 17, 2008, the New York Stock Exchange delisted Lehman Brothers. On March 16, 2011 some three years after filing for bankruptcy and following a filing in a Manhattan
U.S. bankruptcy court, Lehman Brothers Holdings Inc announced it would seek creditor approval of its reorganization plan by October 14 followed by a confirmation hearing to follow on November 17.
Liquidation Barclays acquisition On September 16, 2008,
Barclays PLC announced that they would acquire a "stripped clean" portion of Lehman for $1.75 billion, including most of Lehman's North America operations. On September 20, 2008, a revised version of the deal, a $1.35 billion (£700 million) plan for
Barclays to acquire the core business of Lehman (mainly its $960-million headquarters, a 38-story office building at
745 Seventh Avenue in
Midtown Manhattan, with responsibility for 9,000 former employees), was approved. After a 7-hour hearing,
U.S. bankruptcy judge James Peck ruled: "I have to approve this transaction because it is the only available transaction. Lehman Brothers became a victim, in effect the only true icon to fall in a tsunami that has befallen the credit markets. This is the most momentous bankruptcy hearing I've ever sat through. It can never be deemed precedent for future cases. It's hard for me to imagine a similar emergency." Luc Despins, then a partner at
Milbank, Tweed, Hadley & McCloy, the creditors committee counsel, said: "The reason we're not objecting is really based on the lack of a viable alternative. We did not support the transaction because there had not been enough time to properly review it." In the amended agreement, Barclays would absorb $47.4 billion in securities and assume $45.5 billion in trading liabilities. Lehman's attorney
Harvey R. Miller of
Weil, Gotshal & Manges, said "the purchase price for the real estate components of the deal would be $1.29 billion, including $960 million for Lehman's New York headquarters and $330 million for two New Jersey data centers. Lehman's original estimate valued its headquarters at $1.02 billion but an appraisal from CB Richard Ellis this week valued it at $900 million." Barclays were not to acquire Lehman's Eagle Energy unit, but to have entities known as Lehman Brothers Canada Inc, Lehman Brothers Sudamerica, Lehman Brothers Uruguay and its Private Investment Management business for high-net-worth individuals. Finally, Lehman would retain $20 billion of securities assets in Lehman Brothers Inc that are not being transferred to Barclays.
Nomura acquisition Nomura Holdings, Japan's top brokerage firm, agreed to buy the Asian division of Lehman Brothers for $225 million and parts of the European division for a nominal fee of $2. It would not take on any trading assets or liabilities in the European units. Nomura negotiated such a low price because it acquired only Lehman's employees in the regions, and not its stocks, bonds or other assets. The last Lehman Brothers Annual Report identified that these non-US subsidiaries of Lehman Brothers were responsible for over 50% of global revenue produced.
Sale of asset management businesses On September 29, 2008, Lehman agreed to sell Neuberger Berman, part of its investment management business, to a pair of private-equity firms,
Bain Capital Partners and
Hellman & Friedman, for $2.15 billion. The transaction was expected to close in early 2009, subject to approval by the U.S. Bankruptcy Court, but a competing bid was entered by the firm's management, who ultimately prevailed in a bankruptcy auction on December 3, 2008. Creditors of Lehman Brothers Holdings Inc. retain a 49% common equity interest in the firm, now known as Neuberger Berman Group LLC. In Europe, the Quantitative Asset Management Business has been acquired back by its employees on November 13, 2008 and has been renamed back to TOBAM.
Financial fallout Lehman's bankruptcy was the largest failure of an investment bank since
Drexel Burnham Lambert collapsed in 1990 amid fraud allegations.
This report revealed that Lehman Brothers used an accounting procedure termed
repo 105 to temporarily exchange $50 billion of assets into cash just before publishing its financial statements. The action could be seen to implicate both
Ernst & Young, the bank's accountancy firm and
Richard S. Fuld Jr., the former CEO. This could potentially lead to Ernst & Young being found guilty of financial malpractice and Fuld facing time in prison. According to
The Wall Street Journal, in March 2011, the SEC announced that they weren't confident that they could prove that Lehman Brothers violated US laws in its accounting practices. In October 2011, the administrators of Lehman Brothers Holding Inc. lost their appeal to overturn a court order forcing them to pay £148 million into their underfunded pensions plan. As of January 2016, Lehman paid more than $105 billion to its unsecured creditors. In addition, JPMorgan will pay $1.42 billion in cash to settle a lawsuit accusing JPMorgan of draining Lehman Brothers liquidity right before the crash. The settlement would permit another $1.496 billion to be paid to creditors and a separate $76 million deposit. The brokerage unit of Lehman Brothers completed its liquidation process on September 28, 2022, after paying out over $115 billion to its customers and creditors over the course of 14 years. As of December 2022, Lehman's British operations were being administrated by
PricewaterhouseCoopers, which was expected to complete the administration process no earlier than 2025. In October of 2025, Lehman Brothers International Europe formally exited administration, having repaid creditors in full with 8% interest, 17 years after the original collapse. == Merger and acquisition history ==