Andrew Cuomo posts
FeedPosted Oct 5th 2009 10:00AM by Mark Fightmaster (RSS feed)
Filed under: Management, Bank of America (BAC)
According to a Wall Street Journal report (subscription required) on Monday, Bank of America (NYSE: BAC) is set to choose an emergency chief executive officer (CEO) -- just in case Ken Lewis (the current CEO) is forced to step down thanks to legal issues. The decision was in the works before Lewis announced he would retire effective New Year's Eve, but the situation ramped up after New York Attorney General Andrew Cuomo hinted that he may file civil charges against Lewis.
Five people comprise the committee that was formed earlier this year, with Bank of America Chairman Walter Massey leading the way. The committee was originally created to respond to concerns raised by U.S. banking regulators, but it has now shifted its focus a bit. The committee will give the choice to the full board for approval, but then the U.S. banking regulators will have to approve the choice, basically allowing the government to hand pick their choice. Once this process runs its course, the plan will then be shuttered until it is needed.
Continue reading Bank of America choosing an 'emergency' chief executive, just in case
Posted Sep 14th 2009 5:00PM by Mark Fightmaster (RSS feed)
Filed under: Bank of America (BAC), Financial Crisis

Let's dive into the world of breaking news here, as the New York Attorney General's office has decided to mark the one-year anniversary of the financial meltdown by
preparing charges against some
Bank of America (NYSE:
BAC) executives. Reportedly, the charges stem from the failure to disclose details about the company's acquisition of Merrill Lynch.
The Attorney General (Andrew Cuomo) is likely to file charges against the executives because of their failure to alert shareholders to mounting losses and accelerated bonus payments at Merrill. Earlier, a federal district judge rejected a $33-million settlement between BAC and the SEC over the same executive bonuses. This settlement was in relation to the fact that BAC did not inform shareholders of an agreement to pay Merrill Lynch execs billions of dollars worth of bonuses, the deal was struck before BAC acquired Merrill.
Continue reading Bank of America execs facing charges
Posted May 15th 2009 1:00PM by Trey Thoelcke (RSS feed)
Filed under: Law, Private equity
In order to end the two-year-old inquiry by New York Attorney General Andrew M. Cuomo into its pension business, the Carlyle Group has agreed to pay $20 million and make broad changes to its practices. Carlyle, one of the world's largest private equity firms, will no longer use intermediaries, known as placement agents, to secure investment business from public pension funds, and it will curb its campaign contributions to elected officials who oversee pension funds.
"This is a revolutionary agreement," Cuomo said Thursday. "I believe it totally changes the way people operate: It ends pay-to-play, it bans the selling of access, it puts the political power brokers out of business."
Continue reading Carlyle to pay $20 million to end New York pension probe
Posted Apr 23rd 2009 11:00AM by Elizabeth Harrow (RSS feed)
Filed under: Bank of America (BAC), DJIA, Federal Reserve, Financial Crisis
An outspoken group of Bank of America (NYSE: BAC) shareholders has been calling for CEO Kenneth Lewis's head lately, with investors none too pleased by the bank's near-disastrous acquisition of Merrill Lynch. However, testimony is hitting Wall Street today that indicates Lewis was simply following government orders by keeping hefty losses at Merrill under wraps.
Lewis testified under oath before New York Attorney General Andrew Cuomo in February, asserting "it wasn't up to me" to disclose Merrill's fourth-quarter losses toward the end of 2008.
According to Lewis, Federal Reserve Chairman Ben Bernanke and former Treasury Secretary Henry Paulson pressured him to stay mum about Merrill Lynch's troublesome balance sheet. The regulators reportedly urged Lewis to proceed with the merger, warning that the deal's failure would "impose a big risk" to the nation's financial system.
Continue reading Was Bank of America's CEO intimidated by the feds?
Posted Mar 20th 2009 4:10PM by Douglas McIntyre (RSS feed)
Filed under: After the bell, General Motors (GM), Expedia Inc (EXPE), Amer Intl Group (AIG), Xerox Corp (XRX), S and P 500, DJIA, NASDAQ
After days of rallying, the market decided that bank stocks had gone much too far. With no first quarter earnings out, the fact is that the current quarter could still be tough. Financial shares could still reset lower. The market reacted accordingly.
The unofficial numbers for the day broke out like this:
Dow 7,278.38 -122.42 (-1.65%)
S&P 500 768.54 -15.50 (-1.98%)
Nasdaq 1,457.27 -26.21 (-1.77%)
TOP ANALYST CALLS
Continue reading Closing bell: End of bank rally brings the show down (AIG, EXPE, GM, MGM, XRX)
Posted Feb 2nd 2009 12:30PM by Elizabeth Harrow (RSS feed)
Filed under: Bad news, Management, Bank of America (BAC), Options, DJIA, Financial Crisis
A report today in the New York Post suggests that shareholders are anxious to oust Kenneth Lewis, CEO of Bank of America Corporation (NYSE: BAC). The paper says that a group of angry investors, spearheaded by Jerry Finger, has compiled a list of demands to present at the bank's next annual meeting. Finger and his irate mob will request that the roles of CEO and chairman be split, and the outspoken investor said it's safe to assume that a brand-new chief executive is also high on his wish list.
Finger made headlines last month by filing a class-action lawsuit against B of A, alleging that its merger with Merrill Lynch failed to protect shareholders' interests. New York Attorney General Andrew Cuomo is now investigating that very same matter, and reports say that the AG may demand the return of $4 billion in bonuses to Merrill employees that were rushed through prior to the merger's completion.
Continue reading Will Bank of America shareholders show CEO Kenneth Lewis the door?
Posted Dec 18th 2008 11:11AM by Daniel Solin (RSS feed)
Filed under: Other issues, Politics

Isn't it finally time to put someone in charge of the SEC who really cares about investors?
There are many well qualified candidates. Here are a few suggestions:
William Galvin: The highly respected Secretary of the Commonwealth of Massachusetts. He has taken on the industry and recovered millions of dollars of damages for aggrieved investors.
Joe Borg: Executive Director of the Alabama Securities Commission. Mr. Borg has a stellar record of protecting the interests of investors in Alabama.
Andrew Cuomo: The Attorney General of New York. He knows the industry and has shown great tenacity in exposing the recent fraud involving Auction Rate Bonds and other misdeeds.
Mary Schapiro, who is President-elect Obama's choice, has spent her career protecting the securities industry
from investors.
Continue reading Memo to Obama: Mary Schapiro is not 'change' at the SEC
Posted Oct 22nd 2008 5:45PM by Jonathan Berr (RSS feed)
Filed under: Market matters, , Amer Intl Group (AIG)

Executive pay is like the weather. Everyone complains about it but no one does anything to change it. That is until New York Attorney General Andrew Cuomo tangled with
AIG (NYSE:
AIG).
Cuomo, the son of a former New York governor who reportedly wants the job himself one day, convinced the embattled insurer to suspend payments from a $600 million bonus fund as well as a $19 million payoff to its former chief executive Martin J. Sullivan, according to
The New York Times.
This is good news for taxpayers for a number of reasons. First, the thought of executives at a firm that was bailed out by taxpayers the tune of tens of billions of dollars getting bonuses was galling. Sullivan and his colleagues were supposed to be rewarded to creating value for shareholders, which they obviously failed to do. Cuomo also set a precedent that might apply to executives at other failed companies such as Lehman Brothers, Bear Stearns and
Merrill Lynch & Co. (NYSE: MER).
Continue reading Kudos to Andrew Cuomo for forcing AIG to suspend executive bonus pay
Posted Oct 16th 2008 10:15AM by Douglas McIntyre (RSS feed)
Filed under: Management, Amer Intl Group (AIG)
When an executive gets a bonus, he should be able to keep it, no matter what happens to his company later. It was given to him by his board of directors. It is their right. Most senior management people have employment contracts. It is all legal. Bonuses drive performance and help retain people who might take jobs elsewhere.
Andrew Cuomo, son of a former governor of New York State, and a man who would like that job, is the Attorney General of the Empire State. He looks at management bonuses a bit differently. He is going after AIG (NYSE: AIG) management compensation to make his point.
According to The New York Times, "The board awarded its chief executive officer a cash bonus of over $5 million and a golden parachute worth $15 million," Mr. Cuomo wrote in a letter to AIG's board. He proposes to take action against the insurance company if it does not relent, but it is not clear what that action would be.
No matter how much popular support there is for cutting huge executive compensation packages, Cuomo wants to undermine the rights of public company boards to use their own judgments on how to handle pay packages for their own senior managers. Cuomo wants to restrict corporate boards from exercising rights which they have had for decades. Will he want to decide how boards compensate management at steel companies or fast-food firms? Where does it end?
Cuomo is out of bounds.
Douglas A. McIntyre is an editor at 247wallst.com.
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