Iain Dey and Danny Fortson
Win 100 iconic DVDs
JP MORGAN has been accused by its Wall Street rivals of dealing the final hammer blow that forced Lehman Brothers into collapse in a sensational claim that threatens to spark a colossal legal battle.
The giant American bank is alleged to have frozen $17 billion (£9.6 billion) of cash and securities belonging to Lehman on the Friday night before its failure.
According to Lehman’s biggest creditors, this was what precipitated the liquidity crisis that embroiled the firm, forcing it into Chapter 11 bankruptcy protection on the morning of Monday, September 15.
The allegations have been raised in a filing at the bankruptcy court in New York, lodged late last week. Lehman’s biggest creditors include almost every big firm on Wall Street, most of Europe’s heavyweight banks and insurance companies as well as a slew of Japanese and Chinese institutions that are owed several hundred billion dollars.
The funding lines provided to Lehman to finance its everyday operations amount to $188 billion, according to court filings.
The creditors are now demanding that JP Morgan open up its books to the bankruptcy court to allow the transactions to be assessed.
“The creditors’ committee understands that LBHI [Lehman Brothers Holding Inc] had at least $17 billion in excess assets which were held at JPMC [JP Morgan Chase] on the Friday going into the weekend before its bankruptcy filing,” the documents said.
“The creditors’ committee further understands that, on September 12, 2008, JPMC refused to allow LBHI access to its excess assets and instead ‘froze’ LBHI’s account. In freezing LBHI’s assets, JPMC was purportedly holding all of LBHI’s assets as a potential offset against any claims JPMC may have had against LBHI.”
The filing goes on to claim that “as a result of JPMC’s actions, LBHI suffered an immediate liquidity crisis, that could have been averted by any number of events, none of which transpired”.
Lehman’s collapse is fast emerging as the single biggest event of the credit crunch, sparking a number of unexpected effects.
The unravelling of the firm’s prime brokerage operations has already forced a number of hedge funds out of business.
Olivant, the investment group run by former Abbey boss Luqman Arnold, revealed last week that its 2.8% stake in UBS was held through an account at Lehman in London which the firm’s administrators are refusing to release.
Previous court documents have suggested that JP Morgan was owed $23 billion by Lehman in secured loans.
JP Morgan said: “These assertions raised by the creditors’ panel are unfounded conjecture. We will address them at the appropriate time in bankruptcy court.”
In London, Price Waterhouse Coopers, the administrators to Lehman Brothers in Europe, is wrangling with more than 60 stock exchanges and clearing houses around the world to recoup up to $3 billion Continued on page 2
Continued from page 1 that it says is owed to the defunct bank.
LCH Clearnet, the clearing house, has returned £217m to PWC in recent weeks and Eurex is also thought to have returned some funds.
The cash was held as margin – money that exchanges require in case a company goes bust.
LCH is one of the largest holders of these reserves, reflecting Lehman’s standing as the biggest trader on the London Stock Exchange.
An LCH spokeswoman said: “We have already given the administrators £217m of the margin we held for Lehman and it would be imprudent of us to return all the remaining margin until this has been completed.”
Tony Lomas, the lead administrator at PWC, said “constructive discussions” were continuing with other exchanges.
The art on the 30th and 31st floors of Lehman’s Canary Wharf headquarters in east London has been removed after appraisers valued it and is being stored in a “safe place”, Lomas said.
It will “be dealt with on another day when we have resolved more pressing matters”, he added. The works, which include oil paintings and bronze sculptures, are understood to be worth millions of pounds.
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
36-month car lease
on contract hire for
£359.99 plus VAT pm
12 months for the price of 11 and a 5% discount.
Offer ends 31/11/09
Check your free Experian credit report before applying
Car Insurance
c£100,000 + car, bonus & bens
Lord Search & Selection
Midlands
Competitive salary + NHS pens
The Council for Healthcare Regulatory Excellence (CHRE)
London
Not Specified
The Sheppard Trust
London
£31,842 – £38,378pa
Charity Commision
London, Liverpool or Taunton
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
Book now & save over £100pp.
11 cool resorts, lowest prices... Early Booking offers 15 Nov.
20% off selected Azores holidays taken in October with Sunvil Discovery
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
World Class Golf, Spa and preferential Beach Club. Private estate overlooking West Coast
Villas from £275 per night inclusive of Golf
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.