Tampilkan postingan dengan label Bank of America. Tampilkan semua postingan
Tampilkan postingan dengan label Bank of America. Tampilkan semua postingan

Merrill Losses Were Withheld Before Bank of America Deal

Senin, 04 Juni 2012 0 komentar
Merrill Lynch & Co.
From the New York Times:

Days before Bank of America shareholders approved the bank’s $50 billion purchase of Merrill Lynch in December 2008, top bank executives were advised that losses at the investment firm would most likely hammer the combined companies’ earnings in the years to come. But shareholders were not told about the looming losses, which would prompt a second taxpayer bailout of $20 billion, leaving them instead to rely on rosier projections from the bank that the deal would make money relatively soon after it was completed.

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Bank Of America Shareholders Lose Again - To Their Own Company

Selasa, 01 Mei 2012 0 komentar

Readers will remember back in 2008 when Bank of America damaged its own shareholders by refusing to disclose the nature and scope of Merrill Lynch's losses. Those losses, of 15 billion dollars, and the hiding of them by BofA, were made worse by the fact that Merrill was paying nearly 4 billion in bonuses at the same time. Bank of America did not disclose the Merrill Lynch losses until after the shareholders approved the merger. 

Typical of Bank of America, and the shareholders sued. As we all know, Bank of America's stock is in the trash, at 8 dollars and falling, and down over 30% in the last 12 months alone.

Shareholders sued, and now some are objecting to a proposed $20 million settlement of the litigation, accusing the Board of collusion with the lead plaintiffs in the suit.

Judge Castel in the Southern District of New York will decide the issue this month.

BofA directors fight back over $20 million settlement 

Bank of America Still Causing Problems for Merrill Brokers

Senin, 30 Januari 2012 0 komentar
Bank of America has always been a disaster in the brokerage business, with a long history of mistreatment of its brokers. That outrage became well known when it took over the failing Merrill Lynch in 2008. Bank of America forced brokers out of the firm, by reducing payouts, refusing to pay for business which had already been booked, and for generally not having a clue how to run a brokerage firm. Merrill Lynch was not much better, given the fact that it was virtually bankrupt by the fourth quarter of 2008.

The complete mismanagement of the firm, first by Merrill, compounded by Bank of America, forced brokers to leave the firm, and doing so at their own financial peril, leaving behind significant deferred compensation and outstanding promissory notes. Apparently, staying was even worse.

That trend continues, three years later. On Wall Street is reporting that UBS is hiring teams of Merrill Lynch brokers. In an article "UBS Hires Raft of Veteran Merrill Brokers" Ashley Lau reports that UBS had placed a premium on brokers from Merrill, Bank of America's brokerage unit, by increasing up-front bonuses offered to those who signed before the end of 2011. That move came at the same time that Merrill brokers were about to receive the last of two big payouts on previous incentive plans.

The article continues to say that industry analysts said in early January that they expect to see more defections from Merrill's "Thundering Herd" of brokers, many already frustrated with changes since Bank of America purchased the firm three years ago, after the award payments are made in late January and early February.

We have been representing brokers in transition, contract and promissory note matters for over two decades, and are presently representing former Bank of America and Merrill Lynch brokers with their transition and promissory note issues. We have set up a dedicated email address for inquires from brokers who need assistance with their employment issues with Merrill Lynch, or any other wirehouse - brokers@seclaw.com


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Woman Sues Bank of America Over Its Foreclosure Procedures

Senin, 05 Desember 2011 0 komentar

An Austin woman filed suit Thursday against Bank of America Corp., alleging the company fraudulently sought to foreclose on her home. The suit claims that the bank wrongly invalidated a loan modification agreement because it wasn't signed by her husband even though he died in 2007, more than three years before the agreement was made. Filed in state District Court in Travis County, the lawsuit by Maria Gonzales comes on the same day a Massachusetts lawsuit accused five of the nation's largest banks — including Bank of America — of deceptive foreclosure practices. 

http://www.statesman.com/business/austin-woman-sues-bank-of-america-over-foreclosure-2007435.html

Bank of America Backlash - Bank Transfer Day

Rabu, 09 November 2011 0 komentar

As we have noted in numerous posts in the past, Bank of America has made a series of significant, and sometimes astounding, mistakes in its business operations, causing significant losses to shareholders, and pain to its employees and customers. 

Most of our observations have been on the brokerage side, and specifically with the handling of the Merrill Lynch acquisition, but their problems and mistakes extend to the banking side as well. 

The arrogant announcement that the bank was going to impose a $5 a month fee for use of its debit cards was the most recent mistake. Not only is it outrageous to charge customers for access to their own money, the simple fact is that debit card use is hirer among lower wage earners than higher wage earners, and such a fee hits those who are least able to afford it the hardest. 

We all know the end of the story - Bank of America dropped its plans for the fee after the huge backlash from consumers. However, what it could not avoid was Bank Transfer Day.

Bank of America's arrogance was nearly perfectly timed with the Occupy Wall Street protests. Say what you will about the protests and protesters, Bank of America played right into the protests hands. Wall Street once again preying on the little guy was a story line that was hard to ignore, and the combination of the protests with BofA's stupidity fueled the specific protest - Bank Transfer Day.

The media is giving credit to a variety of people for Bank Transfer Day, but regardless, it is not disputed that the event was a pure grassroots movement, by bank customers frustrated by one too many nickel-and-diming fees. According to the Motley Fool, LA gallery owner Kristen Christian created a Facebook event on Oct. 4 that called for people to move their money from banks to credit unions. Titled "Bank Transfer Day" and scheduled for Nov. 5, the event struck a chord with a large number of people. More than 70,000 RSVP'd in the month leading up to the action.

As noted in the article, the event might have been a larger success if planned for a weekday rather than a Saturday, but there is no denying that it was a success. According to media reports, and results from the Credit Union National Association, over 650,000 people joined credit unions since the day BofA announced its debit card fee.

Bank Transfer Day: A Resounding, If Unanticipated, Success for Credit Unions

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Bank of America's Continued Mis-Steps

Jumat, 30 September 2011 0 komentar

We are having a tough time keeping up with the nonsense at BofA. Adding to their recent problems, they have now announced that they are going to start charging their own customers $5.00 a month if they want to use their debit cards. Yup, BofA is going to charge it's own customers $60 a year to access their own money.

I don't know much about banking. My issues with BofA are on the brokerage side, which I do know something about. But this new fee demonstrates some of the problems on the brokerage side for BofA - they simply do not have a clue.

Smaller banks are jumping for joy at BofA's latest move; others are as well. The Retail Industry Leaders Association (RILA) claims that the bank earns a profit of 1100 percent every time a debit card is swiped, and have cost merchants over 20 billion dollars last year. “Crying poverty and adding fees, all while collecting a 600 percent profit on every transaction is one heck of a public relations strategy,” according to Katherine Lugar, the RILA's executive vice president for public affairs. “Bank of America's new fee is great news for every other bank in America. If Bank of America wants to charge account holders to access their own money, every other bank, particularly credit unions and community banks will welcome the flood of customers in search of a new bank,” added Lugar.

Senator Richard Durbin, architect of debit card interchange fee reform, bashed the proposed monthly fee. "Bank of America is trying to find new ways to pad their profits by sticking it to its customers," he said in a statement. It's overt, unfair, and I hope their customers have the final say."

Bank of America to charge debit card use fee | Reuters

Line of the Day

Selasa, 27 September 2011 0 komentar

Over at Above The Law, they are debating the question of whether insider traders should go to jail. One reason for sending people to jail is deterence. Matt Levine, the editor of DealBreaker, argues that deterrence makes sense, claiming that "[p]eople who work at hedge funds really don’t want to go to jail. Compared to their Greenwich homes, jail has worse food, more violence, and fewer golden retrievers."

True statement, and he finishes with: 

"Also they get ordered around by people with less education than them, which is why they left BofA in the first place."

Is Bank of America so bad that it is now part of a running joke?

Read the whole article, it is a good discussion of the insider trading issue. DealBreaker Debate: Insider Trading Sentencing.

Moody Lowers Bank of America's Debt Rating

Rabu, 21 September 2011 0 komentar

Not much of a surprise here - Moody's Investors Service has lowered Bank of America Corp.'s debt ratings, saying it is now less likely that the U.S. government would step in and prevent the lender from failing in a crisis.

Still watching for the Merrill spinoff........

Moody's lowers BofA's debt ratings, shares tumble

Bank of America is Doomed. Just File Bankruptcy Now

Senin, 12 September 2011 0 komentar

While I still have a problem with Henry Blodget still participating in the financial industry, even as a columnist, great article on Bank of America's imminent bankruptch. The full title is BANK OF AMERICA IS DOOMED, Says Chris Whalen-Stop Firing People and Just Declare Bankruptcy Now.

Whalen is arguing for a government seizure of the bank, and a reorganization. I am not so sure that is possible, but he makes a great point - 

Bank of America is rearranging chairs on the deck of the Titanic. And firing thousands of people who don't need to be fired.

BANK OF AMERICA IS DOOMED, Says Chris Whalen—Stop Firing People And Just Declare Bankruptcy Now

Merrill Brokers Next Target for BofA?

Kamis, 08 September 2011 0 komentar

The forced departure of Sallie Krawcheck may be a sign of more than just problems at Bank of America - we may be seeing the start of an internal attack on Merrill Lynch brokers.

We all know the contempt that Bank of America has for it's own securities firm employees - witness what it did to its bank brokers when it cut their pay in half, but industry media is speculating that two of the reasons Krawcheck was canned was first, her refusal to force Merril Lynch brokers to push Bank of America products on their customers, and two, her opposition to a move to radically alter compensation at Merrill Lynch by altering the commission structure and putting brokers on a salary plus bonus.

I am sure that she was opposed to the salary and bonus plan, most right-thinking industry executives know that such a compensation scheme does nothing to benefit the broker, and will cause long term damage to the business. Bank of America will undoubtedly wrap itself up in the American flag and claim that it is a move designed to align the broker's interests with the customer, but that is simply nonsense. Wrap fee accounts did that - the broker is compensated for his success in managing the assets. Putting brokers on salary is simply a money grab - taking money from your own employees to shore up your abysmal failure on the banking side.

We all know that Bank of America is failing, and that the only profitable piece of its operations is Merrill Lynch. Again, rather than fix its problems on the banking side, it is going to attempt to cannibalize the brokerage side, and take compensation from its employees.

That is not a coghent business plan. Has BofA really forgotten what happened when it pulled a similar stunt on its bank brokers? They left in droves.

Watch for Merrill brokers to do the same. 

Merrill Loses Another Promissory Note Case

Kamis, 16 Juni 2011 0 komentar
As most readers are aware, brokerage firms structure their signing bonuses for producing brokers as long term loans which are forgiven over time. When the broker leaves the firm, regardless of the reason, the firm sues to collect the balance on the loans.

Those claims are often met with significant counterclaims by the broker - after all, the broker left the firm for a reason, usually a significant breach by the firm.

While the brokerage firms often win in those cases, since the promissory note is just that, Merrill Lynch has been losing these cases lately, as it appears that Merrill's mistreatment of its brokers over recent years is finally coming home to roost.

Last month, a FINRA Panel refused to enforce a promissory note at Merrill's request. This month, another  FINRA arbitration panel denied Merrill Lynch's request to enforce a million dollar note, and ordered Merrill Lynch to pay the broker 1.5 million dollars.

The broker keeps the one million dollars represented by the note, and Merrill pays him an additional 1.5 million dollars.

 And, to add insult to injury, the Panel assessed all forum fees against Merrill.

I have represented numerous Bank of America and Merrill Lynch brokers in employment related cases, including the defense of claims on promissory notes. While I do not know anything about this case, in my view of the world, these cases are simply an outgrowth of the poor management of Merrill Lynch which led to its financial demise, and the nearly incompetent management of the brokerage firm by Bank of America. Management of both firms took steps in their own self-interest, regardless of the impact on employees and brokers and destroyed careers in the process.

Sometimes damage to employees in management decisions is unavoidable. A reputable company compensates the employees harmed by those management decisions. Merrill Lynch and Bank of America do not compensate the employees; they sue the employees.

No wonder Bank of America/Merrill lynch finds itself in financial ruin. BofA's stock traded at over $50 a share a few years ago. Today it hovers around $10.

A copy of the award is available here.

Merrill Hiring Rookies

Kamis, 04 Februari 2010 0 komentar
In order to combat the mass of brokers who left ML since the BofA takover, Bank of America plans to rebuild its brokerage force in 2010 by adding rookie advisors rather than competing for talent in the industry’s expensive recruiting war according to a story in Registered Rep and Financial Times. Maybe Merrill is rethinking its "strategy" of firing brokers for trumped up reasons and forcing others to leave?
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TARP Payback Widens Losses At BofA

Rabu, 20 Januari 2010 0 komentar
Bank of America lost $5.2 billion over the last three months of 2009. Things aren't going so well over there. Losing 5 BILLION dollars in three months is quite an accomplishment. However, $4 billion of that was in charges related to its repayment of $45 billion in TARP loans. At least the taxpayers recouped 45 billion dollars. More>>>

Has anyone seen a summary of what was loaned under TARP, what has been paid back, and what the American people are out of pocket to date?

No More 50% Pay Cuts?

Senin, 05 Oktober 2009 0 komentar
Sallie Krawcheck, Bank of America Corp.’s head of wealth management, said she won’t do “stupid things” to pay policies that might spur financial advisers to leave the bank. I guess we don't be seening any more 50% pay cuts or insulting retention bonuses from BofA/Merrill that caused so many brokers so much harm.  More>>>

No More 50% Pay Cuts?

0 komentar
Sallie Krawcheck, Bank of America Corp.’s head of wealth management, said she won’t do “stupid things” to pay policies that might spur financial advisers to leave the bank. I guess we don't be seening any more 50% pay cuts or insulting retention bonuses from BofA/Merrill that caused so many brokers so much harm.  More>>>

How BofA Used Merrill To Bully the Government

Selasa, 29 September 2009 0 komentar
Some members of Congress and others have accused federal regulators of pressuring Bank of America into going through with its merger with Merrill Lynch. But records suggest it was the bank, not regulators, doing the bullying. Law.com has an analysis of this view of the issue. More>>>

SEC About Face on BofA Suit

Selasa, 22 September 2009 0 komentar
After having its questionable settlement with Bank of America rejected by the Court, the SEC has now said that it will press its case that Bank of America Corp. misled investors, and said additional claims may be added.

“We will vigorously pursue our charges against Bank of America and take steps to prove our case in court,” the agency said yesterday in a statement, a week after U.S. District Judge Jed Rakoff set trial for February. The SEC said it will use the pretrial process to obtain information and “determine whether to seek the court’s permission to bring additional charges.”

Are we supposed to forget that the Commission agreed to settle the claims in an agreement that was of questionable merit, and did not include any individual defendants? More>>>

Cuomo Subpoenas BofA Board

Rabu, 16 September 2009 0 komentar
The Merrill Bonus issue at Bank of America is not going away. InvestmentNews is reporting that the New York Attorney General's office subpoenaed five members of BofA's board of directors as part of an investigation into the bank's acquisition of Merrill Lynch & Co.

According to the article, the board members are expected to be questioned about what they knew regarding the mounting losses and bonus payments at Merrill ahead of the deal's completion on Jan. 1. More>>>

NYAG Seeks to Question BofA Lawyers on Merger

Rabu, 09 September 2009 0 komentar
In a move that has the potential to impact the attorney-client privilege, New York Attorney General Andrew Cuomo asked Bank of America Corp. to allow his office to question the institution's lawyers in its ongoing probe into last year's merger with Merrill Lynch. Cuomo's office said it cannot adequately explore whether to bring charges against Bank of America officers because of the bank's "indiscriminate invocation of the attorney-client privilege. More>>>

USDJ Rakoff Rejects SEC-BofA Settlement.

Rabu, 26 Agustus 2009 0 komentar
Judge Rakoff wants the explanation behind why a Bank of America proxy statement last November misled investors about bonuses for employees at Merrill Lynch, which was about to be acquired by the bank. On Tuesday, he stated another desire: to get the SEC to better explain why had agreed to a settlement without pressing the bank’s executives harder. The judge is also questioning how anyone can judge the merit of a reliance on the advice of counsel defense, when the defendant has not waived the attorney-client privilege.

This is obviously a tough decision for the SEC, and is starting to suggest an apparent willingness on the part of the Commission to let a big player off the hook for serious violations with the payment of a significant sum of money. As we have said in the past, if this wasn't Bank of America, and instead was a small or regional firm, not only would the SEC be looking to put them out of business, prosecutors would be filing criminal charges. More>>>