Richard S. Fuld Jr., the chief executive of Lehman Brothers Holding that owns the financially charred remains of a once formidable investment bank, didn’t look very happy answering angry questions from Henry A. Waxman’s House Committee on Oversight and Government Reform yesterday or when dodging the protesters waiting for him outside who hurled insults and held up signs reading “crook” and “shame.”

I bet Mr. Fuld is not used to people talking to him like that.

He’s also not used to being held accountable to people who talk to him like that.  The only problem now is that he can’t flick them off like flies the way he did back in June when he dismissed a call by certain shareholders to forgo bonuses this year and mockingly noted “they are only people who think about their own pockets.”

The tide has now turned against him.  The FBI and at last count 3 U.S. attorneys offices are investigating whether positive statements made by Fuld to analysts about the health of Lehman’s balance sheet five days before the company filed for bankruptcy amounted to fraud.  The Securities Exchange Commission is also examining Lehman’s asset valuation practices.

One internal Lehman document dated June 8, 2008 shown to Fuld during yesterday’s hearing warned about Lehman’s financial condition and asked, “Why did we allow ourselves to be so exposed?”  Yet Fuld claimed he never saw the document before.  Maybe he didn’t see that particular document before, but had he heard that there might be a problem from some other source?

It’s hard to believe he could be that clueless.  It makes you wonder how someone so smart could be so blind.

That incongruity offers a few interesting leadership/ legal lessons for managers of any size business:

1.  Periodically reexamine the assumptions of your cash cows.  Those cows are not sacred.  Everyone loves to make money and no one wants to lose out on the latest market trend; but, if you don’t respect business fundamentals you stand to lose even more — maybe everything.

2.  Hedge your assumptions — the goal is to survive and thrive, not gamble and hope for a bailout from Uncle Sam, your shareholders, your friends, or your family.

3.  Remember who your business is serving and serve those constituencies with integrity.

4.  Create checks and balances in your business processes and systems to avoid overconfidence and Hummer-sized blind spots.

5.  Keep your finger on the business pulse more than in the cookie jar.

Keep those 5 principles in mind and you won’t be staring down a legal nightmare or find yourself starring in a Congressional Jerry Springer Show.

It’s hard to digest the Wall Street headlines of the past week:  Lehman filed for bankruptcy, AIG got a huge loan and Uncle Same as a business partner, Merrill Lynch got a new home, and other bank merger talks were in high gear.

It’s the latest after shock of the collapsed U.S. hosing (sic) market.  It’s a collapse that has led to foreclosures of brick and mortar homes and now the collapse of Wall Street’s house of cards.

Some fingers wag and point to the “Housing Bubble” as the source of all our woes, as if there is a Mr. Bubble* out there plotting and planning the demise of Western capitalism by giving us all a “bath.”  Others point to insufficient regulation.  The situation appears hopelessly tangled to Main Streeters, and to a few Wall Streeters too.  But there is probably one thing we can all agree on: we feel betrayed.

There has been a colossal breach of trust involving obscene amounts of money.  Tax payers are now being asked to foot the bill for a financial frat party while those who work at the other end of the salary/bonus food chain are losing their homes and struggling to keep gas tanks full.

Last week I found an interesting piece by Michael E. Lewitt shortly after the Bear Stearns fiasco last Spring.  As an industry insider, Mr. Lewitt provides a fascinating look behind the scenes.  He points to short sightedness, excess leverage in unregulated activities (sounds like Enron’s off the books accounting, doesn’t it?), as well as a narrowly focused notion of fiduciary duty as part of the problem.  The structural problems we’re facing, he says boil down to “bad economic policies and bad political values.”

The blame game will no doubt continue for the next 18 months or more while our policy makers in Washington, including the new administration, figure out what to do.  If Enron and Worldcom have us Sarbanes-Oxley, you can be sure that this debacle will bring additional regulation and oversight too.  It’s merely a question of when.

So what does all this stuff on Wall Street have to do with Main Street and your day-to-day business activities?  Well, it’s food for thought on several fronts:

1.  To what extent is your business turning a blind eye to the ethics of certain profitable activities?  Is overconfidence creating a business blind spot?  Relying, for example, on lax enforcement of certain regulations or the fact that there are no regulations can backfire.  Being accountable to a government regulator is no fun.  But having one look over your shoulder and help you make business decisions, as AIG is about to find out, is even less fun.  Yet, that’s exactly what happens in deferred prosecution agreements.  Big Brother won’t prosecute, but in exchange they become your business “partner” until there is sufficient confidence that you have the necessary systems in place to “do the right thing.”

2.  To what extent are lawyers giving their clients the green light on whatever they want just to keep the clients happy and make a few bucks?  Take for example the case of the alleged Ernst & Young tax shelter fraud:  Wealthy clients asked friendly law firms to write opinion letters assuring them that their tax shelters were “likely” to survive scrutiny if the IRS challenged their legality.  One big firm lawyer has already pleaded guilty to tax fraud charges, another has paid the IRS $39.4 million to avoid criminal charges and his lawyer says his client and the accounting execs were “only guilty of greed.”  He makes it sound like a temporary head cold instead of the character flaw that it is.

3.  To what extent is your business tying compensation to short-term performance and encouraging risky behaviors that jeopardize long term stability?  Take a moment to stand back and examine your business policies and the behaviors they are driving.  Could they be improved to better align company actions with sound business practices and good decision making.

Let’s keep the bubbles in the tub.

*Mr. Bubble is a registered trademark of Ascendia Brands.