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Judge Approves 'Half-Baked Justice' SEC Settlement with BofA

It all started during the financial crisis. Banks and brokerage houses were tumbling down one after another. One of the biggest was the collapse of Merrill Lynch. Bank of America (BAC) negotiated the purchase of Merrill, but there was one hitch. BofA failed to appraise its stockholders that Merrill had approved $5.8 billion in bonuses to Merrill employees.

The agreement was struck. Everything was kept under the table until the SEC started an investigation into the matter. The SEC is famous for just giving a slap on the wrist to the biggest offenders. In this case the SEC agreed that BofA should pay a measly $33 million fine.

Continue reading Judge Approves 'Half-Baked Justice' SEC Settlement with BofA

CIT Group to Repay 'High-Cost' Debt

Late Monday, the Board of Directors at CIT Group (CIT) announced that it plans to repay $750 million of what it terms "high-cost" debt. The first part of this payment will be made Tuesday, totaling $750 million of its $7.5 billion first lien credit facility.

The repayment will come on a pro rata basis among the outstanding tranches, and it will be subject to a 2% payment premium. The company will prepay this debt from its available company cash, which is more than $5 billion.

Continue reading CIT Group to Repay 'High-Cost' Debt

Closing Bell: Earnings Season's Tough Start (AET, AA, BAC, CVX, ERTS, KBH, HIG)

Today started out as a down day and it stayed that way. The market tried to recover mid-morning, but that failed. The financial sector was under pressure from guidance and from fears of more reprisals out of Washington D.C. that never seem to go away. The rest of the market pressure was on earnings and a pressure of earnings warnings hitting the stocks.

Here were today's unofficial closing bell levels:

Dow 10,626.81 -37.18 (-0.35%)
S&P 500 1,136.21 -10.77 (-0.94%)
Nasdaq 2,282.31 -30.10 (-1.30%)

Top Analyst Upgrades
Top Analyst Downgrades

Continue reading Closing Bell: Earnings Season's Tough Start (AET, AA, BAC, CVX, ERTS, KBH, HIG)

Goldman Sachs had bigger role in AIG than realized

Were we all too fast to blame AIG (AIG)?

The insurance giant's role in precipitating the worldwide financial crisis has been covered at length since it teetered on the edge of disaster in September 2008, thanks to a series of high-risk transactions executed through its financial products group. Well, Goldman Sachs (GS), which has recovered quickly from last year's woes and is already figuring out how to pay some hefty bonuses, may have played a larger role in these transactions than everyone realized.

Continue reading Goldman Sachs had bigger role in AIG than realized

Former Bank of America director says give CEO job to insider

And now we're back with more from the "Who the hell cares what he thinks?" file:

Former Bank of America (NYSE: BAC) lead director Temple Sloan tells Bloomberg that the company should pick an insider from Bank of America to be its next CEO -- because an outsider wouldn't be familiar with how the company (doesn't) work. He supports handing the job to Brian Moynihan, consumer banking head, or Barbara Desoer, who runs home loans and insurance.

Interesting ideas! Why isn't Mr. Sloan still on the board of directors?

Continue reading Former Bank of America director says give CEO job to insider

Housing market to dip again next year; Goldman says by 10%

If you've become comfortable with the current state of the housing market ... don't. Economists at Goldman Sachs (NYSE: GS) and Bank of America's Merrill Lynch (NYSE: BAC) say there's still plenty of risk in the housing market.

Alec Phillips, the head of Goldman's Washington office, said, "The risk of renewed home price declines remains significant." His "working assumption" is a drop of between 5% and 10% by the middle of next year.

Continue reading Housing market to dip again next year; Goldman says by 10%

BofA unloads First Republic for $1 billion

There was no secret that Bank of America Corp. (NYSE: BAC) wanted to sell First Republic.

And so today the deal was announced: BofA got more than $1 billion from a consortium of private equity operators. They include General Atlantic LLC and Colony Capital.

Continue reading BofA unloads First Republic for $1 billion

Bank of America execs facing charges

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

Judge will not approve Bank of America, SEC settlement

We have another fly in the ointment. Judge Jed Ratkoff of federal district court refused to approve a $33 million settlement in the SEC vs. Bank of America Corp case.

In the complaint, the SEC had alleged that Bank of America Corp (NYSE: BAC) told investors in the proxy documents for the Merrill Lynch merger that Merrill agreed NOT to award year-end performance bonuses before the merger closed.

Continue reading Judge will not approve Bank of America, SEC settlement

Was Bank of America's CEO intimidated by the feds?

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?

Wall Street takes its toll on Sesame Street

There's been no shortage of heartstring-jerking reports from the current economic crisis -- seniors whose retirement accounts have been wiped clean; families relocating from homes to motels; MBAs forced to wear their resumes on sandwich boards.

However, in my humble opinion, today's news might be the most pathetic: Sesame Workshop, the nonprofit organization that produces the classic Sesame Street TV show, is slashing 20% of its 355-member workforce.

Continue reading Wall Street takes its toll on Sesame Street

Will Bank of America shareholders show CEO Kenneth Lewis the door?

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?

Wall Street, 2009: Deaf, blind, and just plain dumb

In Gone with the Wind, Rhett Butler wryly notes that there is "just as much money to be made out of the wreckage of a civilization as from the upbuilding of one." Having observed the near-Roman excesses of New York's money men over the past couple of years, I might go even further and argue that the end of a civilization tends to be even more outrageously profligate than its beginning. After all, it's hard to imagine stern, conservative men like J.P. Morgan and Andrew Mellon giving in to the incredible excesses of the latest round of would-be magnates.

While tales like Stephen Schwarzman's million dollar birthday and Dick Fuld's five homes tend to capture the public's attention, these outrageous expenditures are only the tip of the iceberg. From $175 hamburgers at the Wall Street Burger Shoppe to John Thain's $1.22 million office redecoration, it has become increasingly clear that New York's financial workers have spent the last few years living in a completely alien world. What's more, they are either unable or unwilling to adapt to the changing realities of America's economy.

Continue reading Wall Street, 2009: Deaf, blind, and just plain dumb

Wall Street has been strip mining America

Just like the government's tardy recognition of the recession, nine months after the fact, Washington has become embarrassed over and over again by the scandalous behavior of Wall Street investment banks and corporate executives. This includes: overindulgent life styles at company, shareholder, and taxpayer expense; outrageous bonuses by money losing companies; corporate jets; lavish business retreats; gaming of stock options and more.

Our nation has been strip-mined by corporate executives that think short term, focus on themselves instead of their company, and people they represent, and have been negligent to consider the repercussions of their actions or inaction.

Strip-mining allows for the removal of minerals in the fastest and easiest way possible grabbing at surface material as you work your way down and cause havoc to the ecosystem. Environmental problems are of great concern now more than ever and the process is heavily regulated -- more so than the economic strip mining of the last few years.

Since Washington is so affected by lobbyists whose interests are not aligned with the overall public well-being (note: I did not say welfare), as the cynic would say "the best government money can buy", the public is not getting its monies worth.

Continue reading Wall Street has been strip mining America

Is John Thain being made the fall guy?

Well that didn't take long: Former Merrill Lynch CEO John Thain has received a subpoena from New York Attorney General Andrew Cuomo. The subpoena is part of an investigation into the billions of dollars in bonuses that Merrill paid last year just before it was taken over by Bank of America (NYSE: BAC). Cuomo called the decision to fast track the bonus payments "troubling."

In a statement, Cuomo's office said, "With that in mind, I am also pleased to announce that our ongoing inquiry into executive compensation practices at TARP funded institutions, including this matter, will be conducted cooperatively and in coordination with the TARP Special Inspector General Neil Barofsky." Bank of America Chief Administrative Officer J. Steele Alphin was also subpoenaed.

Continue reading Is John Thain being made the fall guy?

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Last updated: February 11, 2012: 08:11 PM

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