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Judge Balks at BofA Bonus Settlement

$33M deal with SEC raises questions of fairness; hearing set

By Rob Quinn,  Newser Staff

Posted Aug 6, 2009 5:00 AM CDT

(Newser) – Bank of America won't be able to quietly settle the flap over bonuses for Merrill Lynch execs with a simple $33 million payout to the SEC, a federal judge ruled yesterday. Judge Jed Rakoff refused to sign off on the settlement, saying that doing so would leave the public in the dark over whether the bank lied to shareholders and whether the $5.8 billion in bonuses it approved came from bailout funds. He scheduled a Monday hearing on the matter, Reuters reports.

The proposed settlement "in no way specifies the basis for the $33 million figure or whether any of this money is derived directly or indirectly from the $20 billion in public funds previously advanced to Bank of America as part of its bailout," Rakoff wrote. The SEC's lawsuit alleges that the bank deliberately misled shareholders by failing to tell them it had authorized billions in bonuses for Merrill Lynch execs ahead of their merger.

Bank of America is accused of deliberately misleading investors over bonuses paid to Merrill Lynch execs.
Bank of America is accused of deliberately misleading investors over bonuses paid to Merrill Lynch execs.   (AP Photo/Matt Rourke, file)
Bank of America Corp CEO Ken Lewis arrives at the building that houses   Attorney General Andrew Cuomo's office in New York earlier this year.
Bank of America Corp CEO Ken Lewis arrives at the building that houses Attorney General Andrew Cuomo's office in New York earlier this year.   (AP Photo/Mary Altaffer)
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Despite the public importance of this case, the proposed consent judgment would leave uncertain the truth of the very serious allegations made in the complaint. - Judge Jed Rakoff

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COMMENTS
Showing 3 of 3 comments
Thinker
Aug 6, 2009 11:35 AM CDT
Sorry, just saying Obama did it doesn't make it so. Bush started the bailout after Bush caused the problems in the first place. ClearSight, you sure are blind.
cochiserocks
Aug 6, 2009 10:04 AM CDT
I wish this was going on in the UK.
IndependentThinker
Aug 6, 2009 3:43 AM CDT
Thank you logothete. The politics are making for a great smoke screen so the persons responsible can shift around, when the smoke clears we're pointing our fingers at the wrong people then fighting each other over who is right. Were getting screwed from all sides in this. Repubs, Demos, Libs and Cons they are all in our pockets giving the moeny to their friends, who didn't F***ing earn it!

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