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Lehman's Demise, Dissected

If simple incentives had been in place on Wall Street, could the latest crisis have been largely avoided?

Share your thoughts.

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1.
Marie Burns
Fort Myers, Florida
March 19th, 2010
7:38 am
Yours is hardly an original one. Probably every person who's ever lost a few bucks on 50 shares of stock has thought of it.

Perhaps you should follow up in your next column by admitting how impossible corporations make it for stockholders to effect policy changes. I understand the bill(s) moving through Congress are supposed to give stockholders a limited say about executive compensation, but if experience is any indicator, the bills will have no practical effect.

I suppose hardly a stockholders' meeting passes without some gadfly standing up & complaining about some egregious or perceived egregious behavior on the part of the board or company executives, after which a spokesperson applies a bromide, or -- perhaps more often -- security whisks the gadfly out of the room as fair warning to others who may think they can get away with questioning the almighty.

Offer a concrete, workable solution next time, please, rather than suggesting a fairy tale "what if the world were perfect?" scenario.

The Constant Weader at www.RealityChex.com
2.
Bob K.
Dallas, Texas
March 19th, 2010
7:38 am
I am glad the criminals at Lehman went under. We should have let all the criminals at Citigroup, Chase, and all the rest go under. Prudent, responsible banks would have bought up the spoils and life would go on. Instead, we bailed out the criminals, and they have engaged in criminal behavior once again.
3.
Jon Jost
Seoul, Korea
March 19th, 2010
7:38 am
Once upon a time... there was a world with ethics and morals that some actually believed and practiced. Then something happened and the most important thing in the world was to get rich (and famous) however you could. American Idol trumped Donald and it was morning in America. And they lived happily ever after.

It is going to take a some real cultural, political and legal weight-lifting to scrape away the corruption and rot in American society.

www.jonjost.wordpress.com
www.cinemaelectronica.wordpress.com

4.
soso
Canada
March 19th, 2010
7:38 am
what a surprise; do you think the brothers at Lehman also deserve mega bonus from taxpayers?
5.
NJ
March 19th, 2010
7:38 am
So who is going to jail for this fraud perpetrated on the shareholders? We don't need reform. We NEED PROSECUTIONS under laws already in existence! All the officers and accountants who did this should be rooming with Bernie Madoff and Jeffrey Skilling in a ten by ten cell.
6.
howardofathens
Athens, TN
March 19th, 2010
7:39 am
The medical profession is vulnerable to malpractice litigation. Why not make the bankers subject to malpractice suits? They do injure people.
7.
Bowling Green, KY
March 19th, 2010
9:51 am
Mr. Cohan submits an entirely reasonable plan for curbing the idiocy and hubris that plagues Wall Street but he perhaps has not fully considered that those unworthies, those self-proclaimed Masters of the Universe don't play by any rules. Rules are not for them. They see themselves as swashbuckling buccaneers. Fiscal Errol Flynns to whom rules do not apply.

And if such a penalty were in place, there would be quite a few who would do just as they please (albeit with other people's money) because they would never for a minute imagine that anyone as brilliant as themselves would ever be caught. Mr. Cohan's suggestion might work if in addition to being stripped of their worldly, ill-gotten gains, the criminals whose recklessness collapsed the economy to point of breaking were handed out long (and I mean looooong) prison sentences. Not to any country club "jail" either. Hard time, breaking rocks or better yet, on chain gangs digging ditches for sewer lines. Their pictures on post office walls with other wanted criminals and their names erased from every plaque, stone, scroll, and award certificate, with the exception of a prison roll.

That MIGHT suffice. But then again, maybe not.
8.
Lawrence, Kansas
March 19th, 2010
9:51 am
William Cohan's analysis of the past is right on! In the old days, when the investment banks were partnerships, the partners bore the losses. As a result they did not do foolish things. The best description of modern investment banking has been "compensation schemes masquerading as financial institutions." Unfortunately, demanding that "shareholders must demand that corporate boards of directors revamp the entire compensation structure on Wall Street" is a pipe dream. Ain't gonna happen. Something is broken in corporate governance, at financial institutions and corporations generally, and it has been broken a long, long time. Think Gulf & Western, Occidental Petroleum, RJR Nabisco, etc. When corporate governance is broken at the too-big-to-fail banks, the consequences are, as we have seen, catastrophic. The alignment of incentives of managers with those of shareholders at those banks won't happen anytime soon. That is why we need a quick way to give a haircut to everybody who took risk that turned out badly.
9.
Daniel Wishnatsky
Phoenix, AZ
March 19th, 2010
9:51 am
This system is way beyond dysfunctional, it is toxic.

Fundamental changes that re-arrange incentives so that pigs are not paid to gorge themselves is absolutely necessary.

This requires not only effective swine control, but a broader view on the role of finance.
10.
RWeber
Park Slope
March 19th, 2010
9:52 am
No Lehman execs, certainly not Fuld, will ever be investigated by the FBI, or indicted by Obama's DoJ. This admin is owned by Wall St, especially by GoldmanSachs whose execs, lawyers & former execs then in govt, all instrumental in driving their competitors Lehman & Bear out of existence. This lot who now control the Obama govt don't want Fuld et al starting to sing sing sing to get their well deserved prison sentences reduced. Please, there is still some honor among thieves, the market force, if you will, of MAD, mutually assured destruction.

So the Lehman felons will keep their freedom & their personal fortunes, and GoldmanSachs will rake in even more billions with less competition, & still no govt regulation, only public welfare insurance, the remaining banksters doing God's work continuing the same scams that caused the '08 crash & that will cause the even more severe coming.

What a fabulous return on investment GoldmanSachs execs get for their political "donations."
11.
dbg25
NM
March 19th, 2010
9:52 am
These people should go to jail. Our country and its systems need reexaminging. We put people in jail for minor drug offenses but we let these immoral chaptains of finance and industry that ruin so many average Americans off the hook on legalities in the name of free enterprise. Where is the outrage among the bankers, not to menton the pension funds and the politicians who are suppose to be looking out for the average investor? The tea party people, Fox TV and the Republicans should be screaming about this.
12.
A.S.
San Francisco
March 19th, 2010
9:58 am
There will be no change in Wall Street behavior as long as their lobbyists continue to manipulate the votes of the whores in Congress who do their bidding in exchange for sufficient funds to keep them in office.*

What do Wall Street CEOs say to members of Congress behind closed doors? "Who's your daddy?"

*Apologies to genuine working girls.
13.
joe
NY
March 19th, 2010
9:59 am
This fiasco has made one thing perfectly clear: many, many people on Wall Street should go to jail for a long, long time, and the politicians preventing that, regardless of party, should be thrown out of office. End of story. We are not living in a democracy. This nation has become a systemically corrupt oligarchy.
14.
Sao Paulo, Brasil
March 19th, 2010
9:59 am
I firmly believe that the generation of American Businessmen who ran companies after WWII are turning in their graves at the result of this ultra greedy, ultra risky, no lose, quarter by quarter, revenue driven performance of those who pose as Wall Street businessmen today!!
15.
HIGHLIGHT (what's this?)
Baffled Observer
Washington State
March 19th, 2010
9:59 am
It's simply amazing--hold up a gas station for $50, go to prison. Rip off the entire national economy, collect a bonus.

Cynicism about the US economy and politics is destroying our nation. But until some justice is done, there's no argument against the cynicism, because it's basically on target.
16.
90069
March 19th, 2010
9:59 am
The annotations to Anton R. Valukas' examination of the Lehman failure were brilliant. This is good reading, presented in a way that competently leads the user through 336 pages and illuminates the report in a way that is understandable to a much wider audience.
17.
Andy B.
NYC
March 19th, 2010
9:59 am
LOL! Who are you trying to kid, Mr. Cohan?

By now, the public is ( or should be ) finally aware that the real reason that financial organizations felt free to take "massive risks" is that they really were not risks at all, given that their agents at the highest level of government could be relied upon to provide bailout safety nets to the biggest investment banks and their allied institutions like AIG.

Lehman Brothers fully expected to be bailed out like the vast majority of the other big players on the Wall Street casino- it was only the animosity between their bosses and the more powerful Goldman Sachs alumni in government such as Henry Paulsen which cut off their supply of taxpayer loot.
18.
Belle Mead
March 19th, 2010
10:00 am
Bravo! That was great analysis of the problems with Wall Street.

There is just one defect: “shareholders must demand that corporate boards of directors revamp the entire compensation structure on Wall Street away from one based on revenue generation to one that rewards long-term profits”. That will happen about the same time as Bernie Madoff tells the world where he hid the billions he stole.

The answer lies in how we regulate Wall Street. Bring back Glass-Steagall. Mandate that only private partnerships can conduct the “non commercial bank” business.

Wall Street should only be in the business of financing productive enterprises. It should not be trading for its own accounts.
19.
Nor Cal rural resident
Cobb, California
March 19th, 2010
10:00 am
So the question remains of who controls and designs the rewards that have led all of these scoundrels to engage in the economic behaviors that have been such a disaster for us all?

As things currently work at high levels, compensation systems are made by the lackeys of those who are being compensated. If shareholders at company "A" object, the executives can easily migrate to or create company "B" that will give them what they want. The rest of us will still be left paying the price.

I wonder what NYSE rule was changed to enable the public ownership of these companies? Clearly, to fix the dynamics that created this sorry mess, we need rule changes once again. But which rules and where? The NYSE is now only one exchange of many so these rules need to reside at level that is more universal than at a single exchange.

Thank you for this enlightening article Mr. Cohen.
20.
RADF
Lewes, DE
March 19th, 2010
10:01 am
"....what other business on the face of the earth, aside from Wall Street, pays out between 50 percent and 60 percent of each dollar of revenue generated to employees in the form of compensation?"

Unbelievable! If this doesn't get legislators off their backsides, nothing will!
21.
Florida
March 19th, 2010
10:01 am
If all of the culprits were put together in a 10 x 10 cell they soon be operating a boiler room.
22.
Dan Wylie-Sears
Boston
March 19th, 2010
10:02 am
Risk is an inherent feature of all productive ventures. It's an undesirable feature that should be limited, but it cannot be eliminated.

Rather than rewarding risk indiscriminately (as done in recent years) or penalizing risk indiscriminately (as recommended here), incentives should favor risks that are worth taking. Risky financial assets should pay higher returns than low-risk ones, which means that risky projects or deals should not be undertaken unless they actually will generate higher returns.

Also, of course, people aren't Skinner-box pigeons, responding to reward and punishment without having any internal state of mind. We take risks that seem reasonable when we feel secure enough to do so. And we base our sense of what's reasonable, to a large extent, on what others around us seem to consider reasonable.
23.
R H
Toronto
March 19th, 2010
10:02 am
While these crooks do belong in jail, with their personal assets confiscated and added to the federal general revenues, we cannot ignore the screaming need for very strict regulations combined with an effective inspection regime.

Don't trust human nature to change on its own any time soon. Just look at that pervasive evil influencer on the lazy and feeble minded, Glen Beck, who has taken to interpreting the words "social justice" as code language for Naziism and Communism. By-the-way, those two philosophies were strongly opposed to each other. When ignorance is rewarded with a high-paying pulpit in the mass media, and is portrayed as the spokesperson for the Tea Party movement, I despair. Sadly funny how many advocates of that ideology are anti-abortion, gun-toting, fundamentalist Bible belters with a penchant toward libertarianism (anarchy) and bigotry.
24.
Frank White
NYC
March 19th, 2010
10:02 am
Obama appointed Crooks like Geithner, Bernanke & Larry Summers to watch over these things, so what are you worried about?

You didn't get the memo?

Obama is for the PEOPLE.

He's not a Republican - We Can Trust Him.

If He Says Something's Ok, I blindly Trust Him.

Praise Be To Obama!
25.
victoria2
Colorado
March 19th, 2010
10:02 am
How do we get a copy of the full report? I want to read the section on their relationship with the New York Federal Reserve Bank and "Little Timmy Geithner"... what's up with that anyway? Does anyone get the feeling that there is something very strange about that man? Should Obama get rid of him? I say YES and want to see some proof to back it up!

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