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BofA Boss Ordered to Testify in $3.6B Bonus Probe

Massive perks paid out before pricey bailout

By Rob Quinn,  Newser Staff

Posted Feb 20, 2009 2:36 AM CST

(Newser) – Bank of America chairman Kenneth Lewis has been subpoenaed to testify in the investigation into possible deception of investors over the Merrill Lynch takeover, sources tell the Wall Street Journal. New York Attorney General Andrew Cuomo is exploring whether the bank broke the law by failing to inform investors of the scale of Merrill's losses, and about the $3.6 billion it paid out in bonuses just days before the merger.

Former Merrill CEO John Thain was questioned all day yesterday about the bonuses, according to sources. Investigators for Cuomo—who wrote last week that the bank was "apparently complicit" in the awarding of bonuses before Merrill's mammoth loss was announced—reportedly plan to quiz Lewis about why he told Congress he had "no authority" over the bonuses, when they were detailed in the merger agreement and paid partly in Bank of America stock. 

NY Attorney General Andrew Cuomo has accused Merrill Lynch & Co. executives of corporate irresponsibility by secretly awarding $3.6 billion in bonuses as taxpayers were bailing out the industry.
NY Attorney General Andrew Cuomo has accused Merrill Lynch & Co. executives of corporate irresponsibility by secretly awarding $3.6 billion in bonuses as taxpayers were bailing out the industry.   (AP Photo/Mike Groll, file)
Kenneth Lewis, chairman, president and CEO of Bank of America, answers questions after speaking in Detroit late last year.
Kenneth Lewis, chairman, president and CEO of Bank of America, answers questions after speaking in Detroit late last year.   (AP Photo/Paul Sancya)
Former Merrill Lynch executive John Thain speaks during a news conference in New York last year.
Former Merrill Lynch executive John Thain speaks during a news conference in New York last year.   (AP Photos/Bebeto Matthews, file)
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COMMENTS
Showing 3 of 4 comments
Guest
Feb 20, 2009 10:41 PM CST
YOU got a bounus? DAMN! I worked all those extra hours....
Guest
Feb 20, 2009 3:31 AM CST
Maybe this is another CEO who loved the pay but was absent on the job.
Guest
Feb 19, 2009 7:23 PM CST
Mario Cuomo is NOT the Attorney General of NY. Andrew Cuomo is. I see Newser got it right in the photo, but get it right in the story.

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