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SEPTEMBER : THE BANKRUPTCY OF LEHMAN                          


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         after, the rumors and the naked short sellers came after us.” The company pressed
         the SEC to clamp down on the naked short selling. The SEC’s Division of Risk,
                                                   
         Strategy and Financial Innovation shared with the FCIC a study it did concerning
         short selling. As Chairman Mary Schapiro explained to the Commission, “We do not
         have information at this time that manipulative short selling was the cause of the col-
         lapse of Bear and Lehman or of the difficulties faced by other investment banks dur-
         ing the fall of .” The SEC to date has not brought short selling charges related to
         the failure of these investment banks. 
            On March , Lehman reported better-than-expected earnings of  million
         for the first quarter of . Its stock jumped nearly , to .. But investors and
         analysts quickly raised questions, especially concerning the reported value of
         Lehman’s real estate assets. Portfolio.com called Lehman’s write-downs “suspiciously
         minuscule.” In a speech in May, David Einhorn of Greenlight Capital, which was
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         then shorting Lehman’s stock, noted the bank’s large portfolio of commercial real es-
         tate loans and said, “There is good reason to question Lehman’s fair value calcula-
         tions. . . . I suspect that greater transparency on these valuations would not inspire
         market confidence.” 
            Nell Minow, editor and co-founder of the Corporate Library, which researches
         and rates firms on corporate governance, raised other reasons that observers might
         have been skeptical of management at Lehman. “On Lehman Brothers’ [board], . . .
         they had an actress, a theatrical producer, and an admiral, and not one person who
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         understood financial derivatives.” The Corporate Library gave Lehman a D rating
         in June , a grade it downgraded to F in September . On June , Lehman
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         announced a preliminary . billion loss for its second quarter—the first loss since it
         became a public company in . The share price fell to . Three days later
         Lehman announced it was replacing Chief Operating Officer Joseph Gregory and
         Chief Financial Officer Erin Callan. The stock slumped again, to ..


                         “THIS IS NOT SOUNDING GOOD AT ALL”
         After Lehman reported its final second-quarter results on June , the New York
         Fed’s on-site monitor at Lehman, Kirsten Harlow, reported that there had been “no
         adverse information on liquidity, novations, terminations or ability to fund either se-
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         cured or unsecured [funds].” The announced liquidity numbers were better that
         quarter, as were the capital numbers.
            Nevertheless, Lehman’s lenders and supervisors were worried. The next morning,
         William Dudley, then head of the New York Fed’s Markets Group (and its current
         president), emailed Bernanke, Geithner, Kohn, and others that the PDCF should be
         extended because it “remains critical to the stability” of some of the investment
         banks—particularly Lehman. “I think without the PDCF, Lehman might have experi-
         enced a full blown liquidity crisis,” he wrote. 
            Just one week after the earnings release, Harlow reported that Lehman was in-
         deed having funding difficulties. Four financial institutions had “trading issues”
         with Lehman and had reduced their exposure to the firm, including Natixis, a
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