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Court Overturns Merrill-BofA Settlement With SEC

Bank's $33M fine doesn't do 'justice' to shareholders, public: judge

By Nick McMaster,  Newser Staff

Posted Sep 14, 2009 2:47 PM CDT

(Newser) – A federal judge today scrapped the $33 million settlement Bank of America and the SEC agreed on as punishment for the bank's not informing shareholders of bonuses paid to Merrill Lynch executives just before the bank bought Merrill, the New York Times reports. Saying BofA "materially lied, " Jed Rakoff noted that the very shareholders who were possibly misled by management would be footing the bill for the settlement.

The settlement “does not comport with the most elementary notions of justice and morality,” wrote Rakoff, who instructed the SEC and BoA to prepare for a trial beginning no later than Feb. 1. Rakoff said the settlement suggests a sweetheart deal between regulator and offender: “The SEC gets to claim that it is exposing wrongdoing on the part of the Bank of America; the bank’s management gets to claim that they have been coerced into an onerous settlement by overzealous regulators. And all this is done at the expense, not only of the shareholders, but also of the truth.”

FILE - In this Jan. 22, 2008 file photo, a Bank of America logo is shown in Concord, N.C. id by Merrill Lynch.
FILE - In this Jan. 22, 2008 file photo, a Bank of America logo is shown in Concord, N.C. id by Merrill Lynch.   (AP Photo/Chuck Burton, file)
FILE - In this Sept. 15, 2008 file photo, then Merrill Lynch Chairman and CEO John Thain, left, and Bank of America Chairman and CEO Ken Lewis shake hands following a news conference in New York.
FILE - In this Sept. 15, 2008 file photo, then Merrill Lynch Chairman and CEO John Thain, left, and Bank of America Chairman and CEO Ken Lewis shake hands following a news conference in New York.   (AP Photos/Bebeto Matthews, file)
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It is quite something else for the very management that is accused of having lied to its shareholders to determine how much of those victims’ money should be used to make the case against the management go away. - Judge Jed S. Rakoff

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COMMENTS
Showing 3 of 7 comments
mehrheit
Sep 15, 2009 5:12 AM CDT
Just another day in corporate-socialist heaven.
BlahBlahBlah
Sep 14, 2009 9:20 AM CDT
Rock on! I think I have a man crush on Rakoff!
RobN
Sep 14, 2009 9:16 AM CDT
The SEC accepted the original settlement because the administration didn't want the details going public of the pressure Geitner and friends put on B of A to go through with the Merrill Lynch deal. It all got buried with the original settlement; lots of asses are going to be hanging out on both sides of this deal.

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