The Jenner and Block report on Lehman just keeps on giving. Today I am going to focus on FRBNY's culpability in the apparent Lehman fraud - that is, the role that FRBNY (and thus Tim Geithner) played in keeping an insolvent institution afloat through the use of fraudulent artifices. We must look first to what the PDCF, or "primary dealer credit facility" was created to be. The report does this for us: Under the PDCF, the FRBNY would make collateralized loans to broker ‐ dealers, such as LBI, and in effect, act as a repo counterparty. Unlike a typical counterparty, though, with the creation of the PDCF, the FRBNY was generally understood by market participants to be the “lender of last resort to the broker ‐ dealers.” 5332 Reflecting the fact that broker ‐ dealer liquidity had become increasingly dependent on overnight repos to obtain short ‐ term secured financing, 5333 the PDCF was structured as an overnight facility. Pursuant to the F...
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