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Ernst & Young Was ‘Comfortable’ with Lehman’s Shady Accounting

Late yesterday, U.S. Bankruptcy Examiner Anton Valukus released a 2,200 page report that details the collapse of Lehman Brothers. It points the finger at Lehman execs for engaging in shady accounting that Ernst & Young knew about and was comfortable with. Lehman’s Board of Directors were not informed of the questionable accounting treatment.

To put it in more technical terms: Ernst & Young is in deep shit. The lead partner on the Lehman audwed more times than Dick Fuld for crissakes.

The accounting in question was known inside Lehman as “Repo 105.” These transactions moved billions of dollars off of Lehman’s balance sheet that were described by emails in the report as “basically window dressing” and their global financial describing them as having “no substance.” The Times reports that the treatment was so crucial to LEH that one executive, Herbert McCade, was known internally as the “balance sheet czar” and that he described in an email that the treatment was “another drug we r on.”


The really bad part for Ernst & Young is that they were okay with the “drug.” From the report, the lead partner stated that E&Y “had been aware of Lehman’s Repo 105 policy and transactions for many years.” For you wonky types, Lehman was accounting for these “Repo 105” transactions based on guidance from Statement on Financial Reporting Standard 140, Accounting for Transfers of Financial Assets and Repurchase Financing Transactions.

E&Y’s “team had a number of additional conversations with Lehman about Repo 105 over the years,” although they were not involved with drafting the policy nor did the firm provide any advisory services related to the transactions. According to the lead partner on the engagement, the firm simply “bec[a]me comfortable with the Policy for purposes of auditing financial statements.”

The problem, according to the Examiner’s report is that E&Y was okay with the treatment based on the theory:

Ernst & Young’s view, however, was not based upon an analysis of whether actual Repo 105 transactions complied with SFAS 140. Rather, Ernst & Young’s review of Lehman’s Repo 105 Accounting Policy was purely “theoretical.” In other words, Ernst & Young solely assessed Lehman’s understanding of the requirements of SFAS 140 in the abstract and as reflected in its Accounting Policy; Ernst & Young did not opine on the propriety of the transactions as a balance sheet management tool.

According to Lehman’s Global Financial Controller Martin Kelly, “Ernst & Young ‘was comfortable with the treatment under GAAP for the same reasons that Lehman was comfortable.'” Don’t you love it when things work out like that?

Ernst & Young has issued a statement that simply addresses the final audit that the firm performed: “Our last audit of the company was for the fiscal year ending Nov. 30, 2007. Our opinion indicated that Lehman’s financial statements for that year were fairly presented in accordance with Generally Accepted Accounting Principles (GAAP), and we remain of that view.”

SO! E&Y is in a bit of a pickle. Civil suits have already been filed against both firms and more investigations will certainly be coming. If you’ve got some time over the weekend, take a flip through this beauty. We know there is accounting porn in there for some of you.

Report Details How Lehman Hid Its Woes as It Collapsed [NYT]
Examiner: Lehman Torpedoed Lehman [WSJ]
Lehman Brothers Holdings Inc. Chapter 11 Proceedings Examiner’s Report [Jenner & Block]

Rumor Mill: New Ernst & Young Office Requires Sterile Cubes, Secure Lavatories

As you’re all aware, your working environment is crucial to your productivity (or lack thereof). The slightest change can throw off your mojo for days or weeks at time. Maybe indefinitely.

So when we heard that the E&Y Long Island office had moved from Melville to Jericho we were concerned for the professionals in that office.

Brand new office in EY spirit, bright white, yellow partner and senior manager offices, orange walls in the enormous staff through manager room. We have super tiny cubes with really short walls where you just sit up an inch and you can see the person across from you. No space heaters or mini fridges allowed and you aren’t allowed to put up anything on you [sic] “cube” / “workstation” walls. They have to remain white. Oh and the bathroom requires a key in which you must walk from the far back of the office (where are seats are) to the front desk to get the key. There are 5 keys for men and 5 for women but the mens keys have dwindled down to 2 so you have to wait for someone to come back from the bathroom to go.

The team colors are a nice touch but the cube dwellers aren’t allowed to decorate? No pictures of spouses, kids, friends, dogs, cats, co-worker crush, favorite metal band allowed? What about the certificate you got from the latest in-house CPE? Can that go up? It sounds as though TPTB are insisting on the most sterile environment possible. No distractions. What about looking that person across from you dead in the eye while they’re eating with their mouth open? How’s that for a distraction?

Speaking of sterile environments, what’s with the bathroom keys? Are homeless people sneaking in and stanking up the joint? And they’re down to two keys for the men? Where did the other three keys go? What sadist is hoarding keys at the expense of other people’s excretory and digestive systems? Any ideas people? Maybe the keys just got flushed. Let’s get to the bottom of this mystery. Discuss.