Showing posts with label Bank of America. Show all posts
Showing posts with label Bank of America. Show all posts

Wednesday, October 23, 2013

Is the JPMorgan Settlement a Template for Other Bank Settlements?

J.P. Morgan Chase’s settlement is just a template for more settlements on Wall Street. According to an article at MarketWatch, the Justice Department is planning to use the reported $13 billion settlement with J.P. Morgan as a blueprint for other similar settlements. 

The deal to settle investigations by prosecutors into the firm’s issuance of bad mortgage investments to investors before the financial crisis could just be the start of many large settlements in the banking industry. The Justice Department plans to use a 1980s law which carries a lower burden of proof and gives prosecutors 10 years, instead of the standard 5 years, to pursue these cases. Some of the settlement money would have to go directly to struggling consumers, under the new model.

J.P. Morgan has been accused of selling troubled mortgage securities, many of which originated from its acquisitions of Bear Stearns and Washington Mutual. Almost every major Wall Street firm issued similar mortgage securities before the crisis and could become targets under this new approach by prosecutors. 

When the housing boom crashed five years ago, investors lost billions on their investments and the banks were accused of intentionally selling bad mortgages. Now five years later, banks, including Bank of America Corp. and Citigroup, have been saddled with ongoing litigation from the regulators, prosecutors, states and investors.

This switch in prosecution theories, which effectively extends the statute of limitations, will undoubtedly result in longer investigations, and more uncertainty for targets and potential targets of those investigations.

Tuesday, October 22, 2013

BofA Said to Face Three More U.S. Probes of Mortgage-Bond Sales

Bloomberg is reporting that Bank of America Corp., sued by U.S. attorneys in August over an $850 million mortgage bond, faces three additional Justice Department civil probes over mortgage-backed securities, according to two people with direct knowledge of the situation.

U.S. attorneys offices in Georgia and California are examining potential violations tied to Countrywide Financial Corp., the subprime lender Bank of America bought in 2008, said the people, who asked not to be identified because the inquiries aren’t public. U.S. attorneys in New Jersey are looking into deals involving Merrill Lynch & Co., purchased by the firm in 2009, the people said.

If claims are brought, Bank of America would join JPMorgan Chase & Co. (JPM) in facing Justice Department demands that it resolve liabilities inherited while buying weakened rivals at the government’s urging during the credit crisis. JPMorgan, the biggest U.S. bank, reached a tentative $13 billion agreement last week to end civil claims over mortgage-bond sales, including those handled by Bear Stearns Cos. and Washington Mutual Inc. operations purchased in 2008. Bank of America, led by Chief Executive Officer Brian T. Moynihan, 54, is being examined for violations of the Financial Institution Reform, Recovery and Enforcement Act of 1989, a relic of the savings-and-loan crisis known as FIRREA, according to the people. The Justice Department cited that statute in its August lawsuit against the firm, which is the nation’s second-largest lender after JPMorgan.

For more information - BofA Said to Face Three More U.S. Probes of Mortgage-Bond Sales - Bloomberg

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The attorneys at Sallah Astarita & Cox include veteran securities litigators and former SEC Enforcement Attorneys. We have decades of experience in securities litigation matters, including the defense of enforcement actions. We represent investors, financial professionals and investment firms and brokers nationwide. For more information cotact Mark Astarita at 212-509-6544 or at email us

Wednesday, September 25, 2013

"Massive Fraud" At Center of Bank of America Trial

The trial against Bank of America Corp's Countrywide unit has begun and the prosecutor has stated that the company placed profits over quality in a "massive fraud" selling shoddy mortgages to Fannie Mae and Freddie Mac.

The claim came at the start of the first case by the government to go to trial against a major bank over defective mortgage practices leading up to the 2008 financial crisis. Pierre Armand, a lawyer in the civil division of the U.S. Attorney's Office in Manhattan, said Countrywide made $165 million selling loans that it promised were investment quality to Fannie and Freddie. "What documents and witnesses will show is that the promise of quality was largely a joke," Armand said.

We will post any important or interesting pieces of information that are reported from the trial. For more information, see 'Massive fraud' at center of trial against BofA over U.S. mortgages 

Wednesday, August 7, 2013

More Detail on the Bank Of America Mortgage Backed Fraud Allegations

The SEC has released its civil charges against Bank of America and alleges alleges that Bank of America failed to tell investors that more than 70 percent of the mortgages backing its offering – called BOAMS 2008-A – originated through the bank’s “wholesale” channel of mortgage brokers unaffiliated with Bank of America entities.

Bank of America knew that such wholesale channel loans – described by Bank of America’s then-CEO as “toxic waste” – presented vastly greater risks of severe delinquencies, early defaults, underwriting defects, and prepayment.  These risks all directly impact the returns to RMBS investors, however Bank of America only selectively disclosed the percentage of wholesale channel loans to a limited group of institutional investors.  Bank of America never disclosed this material information to all investors and never filed it publicly as required under the federal securities laws.

SEC.gov | SEC Charges Bank of America With Fraud in RMBS Offering

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The attorneys at Sallah Astarita & Cox include veteran securities litigators and former SEC Enforcement Attorneys. We have decades of experience in securities litigation matters, including the representation of individual and institutional investors who have been defrauded. We represent investors, financial professionals and investment firms and brokers nationwide. For more information contact Mark Astarita at 212-509-6544 or at email us

Tuesday, August 6, 2013

DOJ Sues Bank Of America Over Mortgage-Backed Securities

The housing/banking/mortgage crisis may finally be catching up to Bank of America. The Feds have sued the bank for what the Justice Department and securities regulators said was a fraud on investors involving $850 million of residential mortgage-backed securities.

The Justice Department and the U.S. Securities and Exchange Commission filed the parallel suits in U.S. District Court in Charlotte, according to the court filings.

The securities date to about January 2008, the government said, putting them just at the beginning of the global financial crisis.

Apparently Bank of America is defending by claiming that its investors were all sophisticated and fully understood what was involved with the securities. Is that true? If you were an investor in mortgage backed securities sold by Bank of America, we would like to hear from you. Call me at 212-509-6544. We represent investors and financial professionals across the country, and have been doing so for decades.

DOJ Sues Bank Of America Over Mortgage-Backed Securities

Monday, June 4, 2012

Merrill Losses Were Withheld Before Bank of America Deal

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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Tuesday, May 1, 2012

Bank Of America Shareholders Lose Again - To Their Own Company

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 

Monday, January 30, 2012

Bank of America Still Causing Problems for Merrill Brokers

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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Monday, December 5, 2011

Woman Sues Bank of America Over Its Foreclosure Procedures

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

Wednesday, November 9, 2011

Bank of America Backlash - Bank Transfer Day

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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Friday, September 30, 2011

Bank of America's Continued Mis-Steps

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

Tuesday, September 27, 2011

Line of the Day

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.

Wednesday, September 21, 2011

Moody Lowers Bank of America's Debt Rating

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

Monday, September 12, 2011

Bank of America is Doomed. Just File Bankruptcy Now

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

Thursday, September 8, 2011

Merrill Brokers Next Target for BofA?

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. 

Thursday, June 16, 2011

Merrill Loses Another Promissory Note Case

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.

Thursday, February 4, 2010

Merrill Hiring Rookies

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?
More>>>

Wednesday, January 20, 2010

TARP Payback Widens Losses At BofA

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?

Monday, October 5, 2009

No More 50% Pay Cuts?

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?

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>>>