Former Lehman CEO Richard Fuld blames feds for bankruptcy

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Baxter said a deal to save Lehman failed to materialize because the bank didn’t have enough collateral to secure help. Fed backing of a Lehman deal would have been too risky, he said. He also says the Fed didn’t have the legal authority at the time to intervene.

Another Fed official, responding to questions from the panel, said Lehman was simply a “victim of circumstance.”

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Asked to respond to Fuld’s assertions that the bank did nothing wrong, Federal Reserve General Counsel Scott Alvarez conceded that the bank did work very hard to avert its total collapse by at first raising capital in the spring of 2008 and by later drafting a plan to wind down its assets.

“The management of Lehman tried very hard to save the company,” Alvarez said. “There should be no illusions about that.”

“They failed because they were a victim of circumstance and some bad decisions they had made in the years up to that,” he said. “But they didn’t have time to get out.”

Some panel members also lent Fuld a sympathetic ear.

Peter Wallison said the Fed should have loaned Lehman money to show markets that it had confidence in the company.

“The purpose of that is to say to the market this is a solvent company and we are willing to lend the money that it needs,” he said. “Eventually the run stops because the market says well the Fed says this is a solvent company and I need to stop worrying.”

The Financial Crisis Inquiry Commission is hearing from Fuld as it gears up to release to the president and Congress on Dec. 15 a report on Wall Street’s 2008 collapse. It is also hearing from former Wachovia executives Wednesday. It will hear from Federal Reserve Chairman Ben Bernanke and FDIC Chairwoman Sheila Bair on Thursday.

The panel’s vice chair grilled also government officials Wednesday regarding Wachovia’s October 2008 federal rescue.

In the case of Wachovia, government officials altered tax code to make an acquisition of the bank more attractive to Wells Fargo. Bill Thomas, a former Republican Ways and Means chair, criticized the move Wednesday morning, calling it an “unprecedented executive branch usurpation of tax law” that cost taxpayers billions of dollars in lost revenue. He went after former Wachovia CEO Robert Steel’s statement that the Wells Fargo deal didn’t require government assistance.

“How could you say there was no cost to the government?” he asked. “Wells Fargo sharpened its pencil and figured it was a pretty good deal. How can you not call changing the tax code to provide you with significant tax benefits ‘doing it without government assistance.’ Isn’t taking money away from taxpayers and the general fund government assistance?”

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