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UPDATED: Report: Cuomo May Demand Return Of Merrill Bonuses

Bloomberg has a few more details about the developing investigation, conducted by New York Attorney General Andrew Cuomo, into the bonuses awarded last month by Merrill Lynch.

It reports, sourced to "a person familiar with the matter," that Cuomo may demand the return of the bonuses -- estimated at as much as $4 billion, and apparently awarded on an accelerated schedule just before the firm came under the control of Bank of America at the start of 2009.

Bloomberg adds that Cuomo is also probing what Bank of America Chief Executive Officer Ken Lewis knew about the bonuses, and about Merrill's huge losses in the fourth quarter, which appear to have ben revealed B of A around the time the bonuses were awarded.

More broadly, Bloomberg reports, the investigation is focused on "whether the companies' shareholders had all necessary information about Merrill's finances and whether federal bail-out loans to Bank of America were used properly."

John Thain, Merrill's former CEO, was ousted as a Bank of America exec shortly after news of the bonuses, and the losses, became public. According to reports, Cuomo has already subponaed Thain.

President Obama yesterday called Wall Street's awarding of billions of dollars in bonuses "outrageous." Congress is considering adding "claw back" provisions to the next round of bailout money, which would allow the Treasury to get back money it invested in banks that was then spent in ways that departed from the purpose of the government's investment.

We've got our own contact in to Cuomo's office, and will let you know what else we find out...

Late Update: Looks like Bloomberg's report may have overstated the case a bit.


9 Comments

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It should certainly be a condition of any TARP II money that the bonuses should be returned. It's a win-win. Either you get the bonus money back or you don't give them any more.

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yep... and there should be A LOT more restrictions also as to how ALL the stimulus money can be spent...

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Maybe I'm dense (and I'm for sure not an economist) but is there a reason they couldn't instead (or also) just significantly increase the tax rates on the kind of income represented by bonuses? I don't know if it counts as income or capital gains, but regardless shouldn't the rates be raised? And would it violate the law (or due process) to do it to encompass income received in 2008, to start getting back some of this money right away?

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Whoa Purple Avenger! There are lots of people who receive bonuses as part of their income and mine didn't have anything to do with taxpayer $$ or TARP funds. I make around $200k/yr of which around $70k is bonus. It is already taxed at the 46% rate. I then have to beg for the difference between 46% and my average tax rate during my annual obeisance to the IRS.

Let Mr.Cuomo chase these funds down legally and leave my income out of the fight.

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comein,

I believe Purple Avenger was speaking of federal taxes on those bonuses.

How did you come to the 46% tax rate figure you pay?

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He's probably aggregating federal, state and FICA. But more to the point, "bonus" is really a misnomer for a lot of wall street workers who get modest lump sums each year (at least modest in wall street terms). "Deferred Comp" is a better name for it and it is just ordinary income for tax purposes.

Do we really want the Governement to start adjusting employee compensation after the fact? I can see having compensation discussions at the Compensation Committee of the Board level being subject to oversight. But "ex post facto" income adjustments? Does that mean we start deeming labor contracts as unfair and start arbitraily clawing back income from union members? And yes, at the end of the day, someone working in a white collar job pulling in 300-400K per year has rights too.

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PA's marginal dollars would not be subject to FICA taxes.

-- ARG

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Everyone of these corporations ought to be subject to IRS audits - fine tooth comb audits. And yes, we ought to tax bonuses in excess of some reasonable amount (say, in excess of the President's salary) at a very high rate to discourage the practice.

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Time for action! If you are sick about these executives as I am, write to your senators and demand the money returned.
I'v made it easy. go here http://www.returnthebonus.com to see a sample off my letter you can cut and paste and email. I also provided a link to all senator's contact information.
Outraged!

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