A nine-volume, 2,200-page report  by a court-appointed examiner into the causes of Lehman Brothers’  bankruptcy,published on Thursday March 11th, has a table of contents that lasts for  38 pages. Its most exciting finding relates to an off-balance-sheet  accounting gimmick. But the work of Anton Valukas, the chairman of  Jenner & Block, a law firm, is crisp, clear and explosive.
The report’s juiciest finding relates to Lehman’s use of an accounting  device called Repo 105, which allowed the bank to bring down its  quarter-end leverage temporarily. Repurchase (“repo”) agreements,  whereby borrowers swap collateral for cash and agree to buy the  collateral back later at a small premium, are a very common form of  short-term financing. They normally have no effect on a firm’s overall  leverage: the borrowed cash and the obligation to repurchase the  collateral balance each other out.
The conclusion is that Lehman’s aggressive growth strategy and its approach  to risk reflected “serious but non-culpable errors of business judgment”  rather than any breach of fiduciary duties. But the stain on the  reputation of the bank’s executives and directors has grown even larger.
 
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