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B of A: Revealing Merrill Bonus Info Would Cause "Irreparable Harm"

We didn't get to this yesterday afternoon... but it looks like Bank of America is going to the mat to avoid telling Andrew Cuomo's investigation who got those controversial Merill Lynch bonuses.

B of A, reports Bloomberg, filed court documents yesterday claiming that revealing the identities of the lucky bonus recipients would cause "grave and irreparable harm" to the firm, because it would let competitors know which areas of B of A's business the company considers most valuable, and would therefore make it easier to steal B of A's top talent. It would also create "internal dissension and consternation," and could even create security risks for those named.

In other words, if it became known who we gave huge bonuses to in a year when Merrill collapsed, people would be so mad they'd physically attack them.

Does any of this even pass the laugh test?

Former Merrill CEO John Thain has already talked to Cuomo's team about the bonuses, after a judge ordered him to do. But its not clear what he said. B of A CEO Ken Lewis refused last week to turn over a list of who got the bonuses.

Merrill gave out the awards on an accelerated schedule last December, just weeks before the failed firm came under the control of B of A. Thain has since been fired.


29 Comments

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Shank of America Lewis deserves to be unemployed and under indictment. I hope to see the bank's Board of directors take care of this fraud and Cuomo take of his future by indicting him. I hope everyone will find a way to protest and pull the plug on this dude!

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IMO Board of directors in the US are the problem, not the solution. Were the Boards doing due diligence, much of our current financial problems wouldn't exist. Board of directors today are more like good ol' boy networks, consisting of "I'll kiss your's if you'll kiss mine" approach to Corporate governance.

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I have to agree.

By failing to provide timely and competent oversight, these board members were in clear breach of their fiduciary duties to the organization they ostensibly served.

They in turn should be held accountable for their lapses in judgment, which bordered on criminal, and financially liable by corporate shareholders for their failures to exercise due diligence.

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Nice of these folks to start considering harm. It was apparently not a consideration when putting millions of hard working people out of work and out of their homes around the world, but now that some multimillionaires might go to work for other multimillionaires... it has become grave and irreparable harm can be done.

And Congress and our presidents (both Bush and Obama) have decided that those folks who have gotten us (and the world) into this mess MUST be supported at all costs.

Makes sense to me... we supported them before and look what it has gotten us.

My view: The rich and powerful are deciding that remaining rich and powerful is the ONLY consideration. Everything else is of no consequence, and if and when this country goes down the tubes... they are making certain they will remain on top.

The almost six trillion dollars already given out... if used to pay off 90% of the mortgages in this country... would have given a HUGE amount of money to the banks, and the homeowners would have now actually OWNED their homes and would have lots of extra money to spend in the economy, keeping the unimployment to zero.

But actually HELPING anyone but themselves was never... and is not now... a consideration... IMHO

... and don't forget to vote those mobsters back into office again, folks, so they can finish the job...

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excellent points and logic but the little people just don't figure into to their plans of self-protection and theft!

remember the Who song.."we got the numbers"...

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Johnny,

The BCCI scandals involving the S&L/junk bonds scandals of the 80's set the stage for today's looting of the American treasury.BCCI is the Holy,er, "Unholy Grail" of global economic "Casino Capitalism."

And,it's the same cast of characters-the Bushes, the Saudi's ,Citibank ,AIG ,Golman Sachs, UBS...

What I have seen very little discussed is Phil Gramm and the derulation he authored that dismantled Glass Steagall...AND the fact he went on to lobby for UBS-a BIG friend of AIG.

BUSHCO and his groupies should have been prosecuted THEN,before they got a second bite at the economic apple,this go round!

You remember Foreclosure Phil,don' you? How about the immortal words of the PHIListine himself..

"The recession is all mental.America is a nation of whiners."

Oops,I forgot to mention h9is wife Wendy who was on the board of Enron-they are both from Texas,ya know!

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"The real owners are the big wealthy business interests that control things and make all the important decisions. Forget the politicians, they’re an irrelevancy.

The politicians are put there to give you the idea that you have freedom of choice. You don’t. You have no choice. You have owners. They own you. They own everything.

They own all the important land. They own and control the corporations. They’ve long since bought and paid for the Senate, the Congress, the statehouses, the city halls. They’ve got the judges in their back pockets. And they own all the big media companies, so that they control just about all of the news and information you hear. They’ve got you by the balls.

They spend billions of dollars every year lobbying – lobbying to get what they want. Well, we know what they want; they want more for themselves and less for everybody else,”

“But I’ll tell you what they DON'T want, they don’t want a population of citizens capable of critical thinking. They don’t want well-informed, well-educated people capable of critical thinking. They’re not interested in that. That doesn’t help them. That’s against their interests.

They don’t want people who are smart enough to sit around the kitchen table and figure out how badly they’re getting fucked by a system that threw them overboard 30 fucking years ago.

You know what they want? Obedient workers – people who are just smart enough to run the machines and do the paperwork but just dumb enough to passively accept all these increasingly shittier jobs with the lower pay, the longer hours, reduced benefits, the end of overtime and the vanishing pension that disappears the minute you go to collect it. And, now, they’re coming for your Social Security.

They want your fucking retirement money. They want it back, so they can give it to their criminal friends on Wall Street. And you know something? They’ll get it. They’ll get it all, sooner or later, because they own this fucking place. It’s a big club, and you ain’t in it. You and I are not in the big club.”

-George Carlin

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Charge him with contempt and slap him in jail until he testifies. He can ask for his deposition to be sealed, but as far as I know (and I am not a lawyer), the only grounds for not testifying would be the fifth amendment.

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I hope Andrew Cuomo stays with this.

I hope the Federal Government gets to the bottom of where all the money went.

There is no point in supporting these entities through hard times if the US Government does not prevent the money from going into the wrong hands for wrong reasons, and if the government is not going to conduct the appropriate inquiries to figure out how it all happened.

Just because you get to hire really high price lawyers to come up with really high priced BS justifications for these BS positions does not mean that they are correct.

Is this not common sensical??

Andrew Cuomo seems to get it, even though it dovetails with his desire to be Governor or more.

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Wait.. the argument is that disclosure of the bonuses might lead to competitors luring these folks away?

First of all... since these folks ran Merrill into the ground, why would they be such hot properties to headhunters?

And second, who's gonna hire them? Bear Stearns? Lehman? CitiGroup? WaMu? Drexel Burnham Lambert?

Look, it's pretty obvious that BofA just doesn't want to deal with the embarrassment that will follow the disclosure.

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You know that argument is getting old, cold and stinky. They have been saying that about everything (bonus, which banks get the bailout money, who didn't flush the toliet) for the last 8 months. When are they going to relize there is no place for them to go - no place, nada, none. NO ONE is HIRING. Their world has changed.

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Very good points, which go straight to the poverty of Wall Street's rationale for giga-bonuses. There are actually two flawed notions at work here: 1) The proposition that Wall Streeters have anyplace to go right now, as you point out; and 2) that Wall Street firms don't already have a pretty good idea of who got how much. A big bonus is, after all, a point of pride, but only if you can brag about it. In other words: the idea that Ken Lewis must conceal this information in order to protect the identities of his "best talent" -- as if they weren't already out there talking up their big scores -- is downright laughable. Zach Roth is right: this is about keeping the information away from taxpayers, who don't automatically assume that Wall Streeters are entitled to a $120 share of every taxpayer's income.

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What's truly laughable is that these characters want us to believe that their conduct should be immune from scrutiny, and that what we would term the 'bad conduct' of others only serves to show that their choices represented the norm, and were—in fact—'good business practices.'

Where are the boards of directors of these corporations who's fiduciary duty is clear? Where are the stockholders, institutional and individual, who should rise up against these practices?

What sort of world do we live in that the chief executive of Home Depot, fired by his board for poor performance, would land at the helm of Chrysler. He wasn't 'good enough' for General Electric or Home Depot, but is hired to magically turn around Chrysler? And we, as taxpayers, are not supposed to notice?

What is this 'world' in which corporate America lives?

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It is to bad that it is neccesary to bribe people to do a good job. Donald Trump has a procedure for those who do not do the job well. It is called "Your Fired". The salaries of the top executives are, in itself, absorbant so why are bonuses required. Bribery? My next question is: "do they get bonuses when their division is not profitable?" Sure they do. The reason that BOA bought Merril Lynch was that the company was not solvent and was going bankrupt so the rest of the story is: these executives did not do their jobs well enough to keep ML solvent. My next question question is: how come these people got bonuses in the first place?"

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It's not just bribery. It's extortion. The ones who believe they need the bonus extort that by threatening to leave! I say, all their bluffs! Publish the list of names on the front page of every newspaper. These folks who drove Merrill off a cliff and extorted bonuses for doing it, deserved to be shunned and shamed!

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This article has great content, as is the usual for your site. I have noticed and increase in errors in your articles. It would be a shame if errors obscured or interfered with the effectiveness of your reporting so please tighten that back up.

(In caps)

"...of the lucky bonus recipients would CASUE"grave and irreparable harm" to ...

"Former Merrill CEO John Thain has already talked to Cuomo's team about the bonuses, after a judge ordered him to DO."

Sorry for the nitpicking - keep up the good work.

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The primary lesson to learn from the present collapse of the American economy is that merit, competence and good intentions have absolutely nothing to do with who rises to the top leadership positions in corporate America.

There has been a myth put forward, at least since Reagan, that those who rise to leadership in the private sector are the best decisionmakers and deserve incredible financial rewards. The whole paradigm of 'trickle down economics' required the acceptance of this myth, because the lynchpin of the argument is that this business elite has some special talent, and we all benefit from them being at the helm.

Sorry folks, it's just a small, exclusive insider's club, much like the old European nobility === the biggest Ponzi scheme ever.

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JDoughey said it well. Here's the hard thing for me, as someone who worked hard to get Obama elected (though I did not wholly believe in him from the outset, as many did): A lot of the crisis response now consists of bailing out people who don't deserve it, on the grounds that if they are not bailed out, vast numbers of innocents will be impoverished. Which is true. There's a lot of outrage about this, but the administration could point to the alternative and say, we're only doing what we must.

The problem I'm worried about is that these "innovative" (what a BS word) instruments - CDO's and CDS's - have structurally altered the economic system. They shouldn't have been allowed to, but they were - due to lobbying and to legislative deregulators like Gramm. I get angry at the "too big to fail" arguments for bailouts, it's hostage-taking, but then I realize that the horse left the barn when they were allowed to set up their businesses this way to begin with - no reporting requirements on these new items, no oversight, "different" accounting, risk, and conflict standards, and on the TPM front page today, exemption from creditor processes in bankruptcy. WTF?

Now that all of that has happened, and the toxic crap is everywhere, how can the current admin unwind the crime without taking down the system? And if they do take down the system, will history blame them instead of their predecessors (who created this)? If it's a choice between essentially continuing the crime (see Josh's Fed reporting today) and killing the system, the people I worked to put in place will in fact continue the crime, where they feel they have to.

So this is hostage-taking and it's an outrage. But the outrage actually occurred when they were allowed to set up this carnival of f***ery in the first place. The crime has now become the system and the top 1% is forcing us to give them even more to ransom the system back (which may be impossible). They are almost permanently decoupled from the rest of us now. How do you get that back? How do you undo it?

I would like to see the vast ill-gotten gains forcibly returned, even if the activity wasn't technically illegal (lobbying again), but if that were tried it would be called "class warfare" - using 20th-c. tropes on 21st-c. financial crime (finance AS crime). I can't decide whether I blame the admin for not going there, or not. This isn't my granddad's class system! And it's not his economic system or his business world either. We may have already been pitched into feudalism and not know it yet. I think we need to wake up to that. (Sorry for length of comment.)

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The desire to view dirty laundry is childish.

The public doesn't need to know these details. What's important is the conduct by Lewis & Thain et al, the people who approved the bonuses and took taxpayer investments and loan guarantees.

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Why don't we start a petition circulated to B of A customers that states they will withdraw their deposit in mass if they don not disclose this information?

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Do a blog post on that!

I'm not sure that encouraging a run on a bank is wise, but it's worth discussing!

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Lost in the Eliot Spitzer morality play was the fact that he was going after AIG and the other Wall Street kleptocracies.

Andrew Cuomo, look out for call girls bearing gifts!

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As Teddy Roosevelt and Louis Brandeis well knew, bankers must be regulated for the good of society. We allowed banks to consolidate, and under Bush II our government was taken over by lobbyists. Insurance companies evaded practically all federal regulation in favor of ineffective state oversight -- just as they wanted. As Attorney General, Spitzer accused AIG of bid-rigging; AIG entered into a consent decree, paid tribute to NY State, and forced out Maurice Greenberg. Too bad Spitzer didn't dig deeper into AIG's dark secrets. He coulda been a contender for trustbuster for our times.

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Coulda been a contendah for trustbuster?

I'll wager that Mrs. Spitzer feels he already holds the title....

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Interesting stories from the Depression on what happened to some bankers in rural farm country.

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Lewis' acquisitions (Fleet Financial, Countrywide, Nation'a Bank,Merrill Lynch) were done at the wrong time and at the wrong price. It is only proper that he should be fired and thrown onto the ash heap of other fallen CEO's. His bone headed decision to take his corporate jet to meet with Mr. Cuomo and his refusal to identify bonus recipients from Merrill are further justifications for the Board to realize that his judgment has steered the company onto the rocks.Apparently the market agrees which now values BAC stock at $4/share.

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I am usually a pacifist but these bank CEOs are making me dream of being Dexter Morgan.

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What I find most instructive here is:

"because it would let competitors know which areas of B of A's business the company considers most valuable"

Like laundering the war profits of Hallibuton, Ker Mcgee, KBR and Kellog Brown & Root, et.al.

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Unbelievable.
szsmith

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