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BofA under investigation by the SEC concerning Merrill Lynch bonuses totaling $3.6 billion

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When the history of this financial crisis is written, this story story will be a contender as a standout example of its kind. It is one of the slickest, under the table, sleight of hand deals ever.

Picture this. The financial markets are falling apart right and left. Lehman, Bear Stearns and Merrill are going down for the count. In the midst of this confusion Bank of America Corp (NYSE: BAC) is in the process of taking over Merrill Lynch. Merrill executives and employees are in a state of panic but at the last moment they regain their composure and have the audacity (word is too mild) to pay themselves $3.6 billion in bonuses just days before the BofA takeover.

The question under investigation by the SEC is whether of not B of A knew about the bonuses but did not tell its stockholders in advance. Federal securities law prohibits institutions from "omitting material facts." Congress, led by Dennis Kucinick and New York Attorney General Andrew Cuomo, are spearheading the investigation.

Listen to this whopper. It seems that while BofA is bleeding $275 billion dollars in losses, Ken Lewis, then head of BofA was receiving a $20 million dollar bonus.

In response, Ms Schapiro or the SEC wrote that if there has been an omission of material facts that she will carry out enforcement responsibilities with "vigor and vigilance."

So much for the saga of Merrill bonuses. What are your thoughts on this matter?

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Last updated: November 12, 2009: 02:22 PM

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