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Bank of America tries to get out of auction-rate mess

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While a number of other banks and brokerages have settled charges that they improperly marketed auction-rate securities, Bank of America (NYSE: BAC) has been a bit of a hold out. Pressure from government legal authorities is charging that the NY State Attorney General has been especially forceful in trying to bring the big financial services firm to its knees.

The question is why BAC has taken so long. A number of other companies got this issue behind them weeks ago. According to Reuters, most firms in the industry "agreed to buy back a total of at least $44 billion of the securities from individuals, nonprofits and small businesses."

Regulators love making "examples" of corporations who move slowly on big industry settlement talks and Bank of America is risking penalties and sanctions by being one of the last to the negotiating table. It is not likely to do shareholders any good if the firm gets to be the poster boy for a government crackdown on auction-rate bad behavior.

Bank of America should have settled when its peers did.

Douglas A. McIntyre is an editor at 24/7 Wall St.

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Last updated: November 14, 2009: 09:33 AM

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