Danny Fortson and Maurice Chittenden
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THE Lehman Brothers board signed off on more than $100m (£59m) in payouts to five top executives just three days before the bank went bankrupt leaving thousands of employees out of work in London.
The payoffs, approved on September 12 by the Wall Street giant’s compensation committee, included over $24m in severance packages to the collapsed firm’s top three London executives.
The committee agreed a $16.2m pay-off for Benoit Savoret, chief operating officer for Europe. This payment had been guaranteed by the firm after Savoret had turned down an approach to join a rival firm. Andy Morton, the fixed-income business head, was set for a $2m golden goodbye.
Both were forced out in a shake-up orchestrated from New York in the waning days at the troubled bank. A $5m package for Jeremy Isaacs, the European chief executive who also left, was approved as well.
The executives never received the payments – detailed in internal Lehman documents seen by The Sunday Times - because the company filed for bankruptcy protection the next working day, September 15.
According to Tony Lomas, the lead administrator, they will now be treated as unsecured creditors.
The committee also signed a $41m retention package for Eric Felder, the head of global fixed income in New York, and a $40m two-year deal for Jerry Donini, the US-based head of equities. These are understood to have been voided, replaced by new contracts under Barclays which bought the US business.
The pay deals will further inflame the debate raging about executive pay as the global financial crisis accelerates.
In the two years prior to Lehman’s collapse, the executives were generously remunerated while overseeing forays into risky commercial real-estate investments that helped to bring the company down.
Savoret was paid $30m between 2006 and 2007, Morton pocketed $26.5m and Isaacs received $43m. Morton said yesterday at his home in west London that none of the three men would get the money.
“The bank did recommend that we should be given that money but because the bank went bankrupt the compensation committee never met to authorise it,” he said. “I have no legal redress.”
Savoret, who bought Tony Blair’s house when he went to Downing Street in 1997 and now lives in a £6.6m house, refused to comment.
As the bank careered toward failure, the subject of pay did come up internally. In an e-mail, US executive Judith Vale urged colleagues to rein back on their lavish rewards.
“Top management should forgo bonuses this year,” read the e-mail, dated June 3.
“This would serve a dual purpose. Firstly, it would represent a significant expense reduction. Secondly, when the ‘world’ discovers this in next year’s proxy, it would send a strong message to both employees and investors that management is not shirking accountability for recent performance.”
Dick Fuld, Lehman’s combative chief executive known as “the Gorilla” who has shouldered much of the blame for the company’s collapse, responded to a colleague in a separate e-mail.
“Don’t worry – they are only people who think about their own pockets.”
Fuld was last week forced to testify in front of Congress, where he was lambasted for overseeing the largest corporate failure in history.
He said he took “full responsibility for the decisions I made and for the actions I took”, but spent most of the time explaining the external factors that pushed the bank over the edge.
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Crooks come in many different disguises & these people are no better than crooks. The way companies are run in the UK & elsewhere needs to change, more power to shareholders.
Waqar Ahmed, Walsall, UK
I agree about what happened, & what is being done to save something from the wreckage, but what after that?
The system needs REFORMS matching the 1984 dictum: "Prevention is better than cure".
STOP COWBOY FINANCIERS.
FSA-style sales verfication &
French style loan caps for a start.
duncan, Marseille, France
Lehman's also left many hard-up students who worked for them through the summer unpaid. PWC (receivers) paid at least some of those still working, those whose contracts had finished and were owed pay were left devastated.
When PWC come to Freshers next year, all together - "PWC - OFF CAMPUS !".
John Jenkins, Thame, UK
Barclays have picked up a fantastic deal in their purchase of Lehman-US. They are very lucky to have missed ABN. Mark my words, Barclays will do well from this.
James, London, UK
These payments might be revoked by a US court. The legal doctrine of fraudulent conveyances allows courts to set aside payments made to evade creditors. It especially applies in bankruptcy. In extreme cases, criminal penalties may apply. Does UK law have the same concept?
George, Lutz, FL USA
Why have we not seen any failed bank directors or executives charged with breach of trust and incompetance, surely these are guilty of crimes against humanity, in view of the wide reaching effects of their greed and foolishness?
M.Burns, Prayssac, France
This payment to executives would fall foul of the Insolvency laws in the UK - it is a clear case of insolvent trading. Surely those that approved it can be prosecuted and the monies distributed returned to their rightful creditors?
Ian M Jones, Reading, UK
I'm out of Barclays NOW !! ...Its the Co-Op Bank for me , no flashy billionaires & no charges on the company account !! I'm gone !!
Pete, stockport, UK
if a bank needs additional capital in week 2 are there legal principles which apply if it has offered significant bonuses in week 1?
will, london,
I don't trust Barclays any more - I'm moving my money out. They appear to be totally two faced - Bonuses on one side, cap in hand on the other.
Matt, Henley,
Why did Barclays decide to buy part of Lehman's when it now has to go cap in hand to the UK goverment for funds to shore itself up because of exposure to 'toxic assets'. This seems bizarre - how much did it pay for whatever part of Lehmans it appears to have bought? Has my bank lost its senses?
James , Coventry, UK