The Deal
Saturday, November 21, 
8:42 am

Bank of America's enemies list

  Share     E-Mail    Discussion    Print Story
lewis,ken-shock125x100.jpgWith the number of parties lining up to either sue, subpoena or put Bank of America Corp. (NYSE:BAC) on trial over the purchase of Merrill Lynch & Co., management at the Charlotte, N.C., institution must feel like its navigating a mine field.
 
The announcement by a group of pension funds Tuesday that it planned on launching one of the largest class-action securities lawsuits in history against the bank for improperly concealing billions in losses as well as billions more in bonuses paid before a shareholder vote on the deal is just the latest in a long line of people with axes to grind over the deal. So without further ado, here's a handy guide to everyone who has a beef with BofA.
 
  • New York Attorney General Andrew Cuomo: Bank of America's most intractable foe was one of the first to go after the bank's board and management after the news came out that Merrill racked up $16 billion in fourth-quarter losses while doling out $5.8 billion in early bonuses. Cuomo has been investigating whether BofA's management intentionally hid both issues from shareholders prior to the vote on the merger with Merrill Lynch. Cuomo has already subpoenaed CEO Ken Lewis, former Merrill CEO John Thain, senior BofA management and five members of the bank's board of directors for his investigation. Reports say he plans to eventually subpoena all 15 board members present in December.
  • Rep. Edolphus Towns, D-N.Y.: Last week the chairman of the House Oversight and Government Reform Committee demanded that BofA stop dragging its feet on handing over documents that his panel has been seeking as it looks into the Merrill buyout. Towns told BofA he wanted even the document the bank was claiming were protected by attorney-client privilege. The bank handed over the requested documents but held on to those it said were protected by attorney/client privilege.
  • The Securities and Exchange Commission: After its $33 million settlement with BofA over the disclosure of the bonuses at Merrill was thrown out of court and a trial scheduled, the regulator has vowed to vigorously pursue its claims against the bank.
  • Ohio Public Employees Retirement System, State Teachers Retirement of Ohio and the Teacher Retirement System of Texas: The pension funds are suing BofA for improperly concealing billions in losses.
  • Robert McCann: The former vice chairman and president of the global wealth management division at Merrill Lynch is suing Bank of America for not allowing him to join a rival company. He was one of the first major names to defect before a mass exodus of bankers from the institution since the start of 2009.
  • Large shareholder Jonathan Finger of Finger Interests Number One Ltd.: Finger, who helped lead a shareholder revolt to have Lewis tossed as CEO at the bank's annual meeting, recently reiterated his call for Lewis to resign in the wake of all the high-profile investigations.
  • And finally on the lighter side: Disgruntled BofA customer Dalton Chiscolm is trying to take down the beleaguered institution all by himself, with a "1,784 billion, trillion dollar" lawsuit over poor customer service.
 - George White
 

Continue reading below

Also on Dealscape





Post a comment





The Deal Pipeline

Deal Video


Inside The Deal: Avaya Inc.'s Mohamad Ali on the company's next target.


More video...

Crisis On Wall Street
Technology
Deals of The Decade

Community

Industry Insight

Managing your shareholder base

Growth companies and their PE sponsors should be wary of the pitfalls that arise when they layer on tiers of preferred stock.


Industry Insight

Easing the stress of distressed M&A

Corporate buyers face numerous complexities when trying to identify the right moment to purchase a distressed asset.


Editor's Note

Editor's letter: Nov. 16, 2009

Beneath the veneer of Wall Streeters beats the same heart, stirred by the same determinants of behavior.


footspacer.jpg footspacer.jpg footspacer.jpg footspacer.jpg footspacer.jpg


©Copyright 2009, The Deal, LLC. All rights reserved. Please send all technical questions, comments or concerns to the Webmaster.