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To: geode00 who wrote (188589)3/5/2009 6:58:27 PM
From: stockman_scottRespond to of 306849
 
Bank of America Says Bonus Disclosure Will Harm It (Update1)

By Karen Freifeld

March 5 (Bloomberg) -- Bank of America Corp. will suffer “grave and irreparable harm” if Merrill Lynch & Co. employees paid $3.6 billion in bonuses just before the firm’s acquisition by the bank are publicly identified, its lawyers said.

Bank of America today filed documents in state court in Manhattan to intervene in a case brought by New York Attorney General Andrew Cuomo to compel former Merrill Chief Executive Officer John Thain to testify about the bonus recipients.

“Neither the individual names nor the job titles bear any reasonable or relevant relationship” to Cuomo’s investigation, the firms argued in the documents. “Nor is there a reasonable or relevant reason to disclose such information to the general public.”

The information Cuomo seeks would provide a “road map” revealing which business lines the banks believe to be most valuable and enable competitors to poach the bank’s top talent, Bank of America argued in the court filing. Disclosure of the information would also cause “internal dissension and consternation,” pose security risks for the exposed bankers and their families, and cause employees to leave, according to the filings.

Yesterday, Cuomo subpoenaed seven people who received bonuses at Merrill Lynch & Co., said a person familiar with the matter. Thain and Bank of America CEO Kenneth D. Lewis previously testified in Cuomo’s office about the bonuses awarded before the Jan. 1 merger.

Seven Subpoenaed

The seven executives will be asked questions about their individual bonuses, their communications with Thain and the timing of the bonuses, the person said. The person identified the seven bonus recipients subpoenaed as Andrea Orcel, David Sobotka, Peter Kraus, Thomas Montag, David Gu, David Goodman and Fares Noujaim.

Scott Silvestri, a Bank of America spokesman, declined to comment yesterday. He said the bank doesn’t comment on subpoenas.

A Cuomo spokesman didn’t immediately return a call seeking comment on the bank’s filings today. The attorney general’s written response is due March 11. A court hearing is scheduled for March 13.

The Wall Street Journal yesterday published the names of a number of the top executives and their 2008 earnings, citing documents and people familiar with Merrill’s compensation. Eleven top executives were paid more than $10 million in cash and stock last year, the Journal said.

Thain’s Testimony

Thain told Cuomo’s office in a deposition Feb. 19 that he couldn’t identify the bonus recipients, citing confidentiality orders from Bank of America. A New York judge ruled Feb. 23 Thain should complete his deposition and the testimony would be kept confidential until a court ruling.

Thain testified for a second time in Cuomo’s office on Feb. 24. “He cooperated thoroughly and answered whatever was asked,” his attorney, Andrew Levander, said in an e-mail that day. Levander declined to comment on whether Thain was asked to identify bonus recipients.

Lewis testified two days later. Benjamin Lawsky, a special assistant to Cuomo, said after Lewis left Feb. 26 that Cuomo served the bank with a subpoena to produce a list of the individual bonuses.

Cuomo Investigation

Cuomo has been examining whether Merrill broke securities laws when it paid the bonuses. He is cooperating with U.S. Special Inspector General Neil Barofsky in a federal probe of executive pay at banks that received money from the U.S. Treasury’s Troubled Asset Relief Program. Merrill and Charlotte, North Carolina-based Bank of America have received about $45 billion in TARP money.

Orcel, Merrill’s top investment banker, was paid $33.8 million in cash and stock, the Journal said, citing documents and interviews with people familiar with Merrill’s compensation.

Sobotka, who now heads global proprietary trading, was paid about $13 million in 2008, the Journal said. Gu, head of Merrill’s global-rates division, made $18.7 million last year, and Goodman, co-head of commodities, was paid $16.5 million, according to the Journal.

Kraus, who was head of global strategy at Merrill for only three months, had an employment contract estimated at $29.4 million, the Journal said. Kraus couldn’t be reached for comment by Bloomberg News through John Myers, a spokesman for AllianceBernstein Holding LP, where Kraus is now CEO.

Goodman, Gu, Noujaim and Orcel declined to comment through Timothy Cobb, a Merrill spokesman in London.

‘Secretly and Prematurely’

Cuomo said in a Feb. 10 letter that Merrill “secretly and prematurely’‘ awarded $3.6 billion in bonuses, with Bank of America’s ‘‘apparent complicity.’‘

Cuomo said in the letter that Merrill ‘‘chose to make millionaires out of a select group of 700 employees,’’ and that a smaller group was awarded ‘‘gigantic bonuses.’’

After the top four recipients received a total of $121 million, the next four received a combined $62 million, he said, and the next six a combined $66 million.

Overall, the top 149 people who got bonuses received a combined $858 million, according to Cuomo’s letter. He said 696 people got bonuses of $1 million or more.

The case is People v. Thain, 400381/2009, New York state Supreme Court (Manhattan).

To contact the reporter on this story: Karen Freifeld in New York at kfreifeld@bloomberg.net.

Last Updated: March 5, 2009 16:01 EST



To: geode00 who wrote (188589)3/5/2009 11:49:34 PM
From: stockman_scottRespond to of 306849
 
The MBAs of the Meltdown – Where Did Those Bankers Go to Business School?

wowowow.com

Here’s a question, fellow 401K-robbed victims of the meltdown: Exactly where did this toxic batch of bankers and businesspeople — who engineered the economy into the ditch, the stock market into free fall and frittered away the fortunes of our country and maybe even the world — learn their craft? Which MBA, economics and law programs produced the perpetrators of the calamities that have befallen the great Wall Street institutions and, now, Main Street Americans as well? Which schools are the Academies of the Apocalypse, and who and how many went to each?

Winner: Harvard

Runner-up: New York University’s Stern School of Business

Third Place: Cornell

It’s well-known by everyone except those with an MBA that the rest of the world hates the average overeducated-in-the-wrong-way whiz kid who emerges from an elite graduate school of business. These soulless, humorless, real-world-experience-starved scammers descend upon Wall Street and corporate America by the truckload every May, typically making life miserable for the professional peasants who work at the unfortunate firms to which they flock, for those who must stand mutely by as their new bosses proceed to make Every Mistake in the Book. The craftiest and most mendacious of each generation invariably finds their way to the corner office, where for years now they’ve been shipping jobs overseas, changing the focus of their firms from making products to managing money and getting richer than Marie Antoinette could have ever imagined.

Well, now these geniuses have failed even farther upwards and we have on our hands a full-fledged global economic meltdown.

Taking an inventory of CNN’s Ten Most Wanted: The Culprits of the Collapse, Time magazine’s 25 People to Blame For the Financial Crisis, plus a peek at the pontificators on CNBC (where the soaring level of screaming and finger-pointing makes for great daytime reality TV), we found ourselves wondering: From which schools did the stars of the meltdown emerge?

Harvard - 9 Stars

Stanley O’Neal, Harvard MBA: Ousted as Chairman, CEO of Merrill Lynch, after the firm posted its first $8 billion in losses due to the sub-prime crisis. Received a severance package valued at the time at $161 million in stock and options.

John Thain, Harvard MBA: Hired to succeed O’Neal at Merrill Lynch and eventually managed to sell it to Bank of America. Forced out when it was revealed that he spent $1.3 million to decorate his office, and, according to The Wall Street Journal, asked for a 2008 bonus of $5-10 million, prompting President Obama to complain about "the reports that we’ve seen over the last couple of days about companies that have received taxpayer assistance, then going out and renovating bathrooms or offices or in other ways not managing those dollars appropriately." In January ‘09, NYS Attorney General Andrew Cuomo subpoenaed Thain about the purported billions in executive bonuses paid out to Merrill employees.

Christopher Cox, Harvard MBA: Former Chairman of the SEC, the organization that missed Bernie Madoff’s massive Ponzi Scheme even though the agency investigated him numerous times is known for his lax enforcement of Wall Street.

Henry Paulson, Harvard MBA: Secretary of the Treasury under President Bush, spoke ardently against government regulation of Wall Street. The resulting financial meltdown forced Paulson to oversee the greatest infusion of American taxpayer money into the banking system of any Treasury Secretary in history, including the $750 billion unregulated TARP plan. His choice to let Lehman fail after bailing out Bear Stearns and AIG has also been faulted for dramatically worsening the financial crisis.

Andrew Hedley Hornby, Harvard MBA: Failed former CEO of what used to be one of the UK’s largest bank group, HBOS, which had to merge with Lloyds in the face of bad mortgage loans.

Lawrence Summers, Harvard PhD, Economics; Former President, Harvard University: Current head of President Obama’s National Economic Council, and former Deputy Secretary of the Treasury under Bill Clinton, where he helped prevent government employee Brooksley Born from imposing government oversight of derivatives, those toxic Wall Street investments now believed to be at the root of much of the current crisis.

Franklin Raines, Harvard Law: Former CEO of Fannie Mae, took "early retirement" amid an accounting investigation.

Daniel Mudd, MPA, Harvard JFK School of Government: Took over Fannie Mae from Raines, and increased the number of subprime mortgages it guaranteed until the government dismissed him in 2008, when the Feds had to put Fannie into conservatorship to keep it afloat.

George W. Bush, Harvard MBA: Rode herd over the most alarming financial meltdown since the Great Depression, as the tsunami of unregulated Wall Street derivatives collided with the bursting of the housing bubble.

New York University - 3 Stars

Alan Greenspan, MA, Economics, NYU: Former Federal Reserve Chairman and lifelong acolyte of Ayn Rand l’aissez-faire capitalist theories, kept Wall Street unregulated and the lending rate low, allowing the mortgage bubble to expand until it finally blew up, taking the economy with it.

Dick Fuld, NYU/Stern MBA: Former CEO of Lehman Brothers, the 158-year-old investment bank that, under his leadership, had to file for bankruptcy after it went deep into the subprime mortgage and CDO cesspool.

Kathleen Corbet, NYU/Stern MBA: Ran ratings agency Standard & Poor’s as they slapped Triple-A ratings on risky pools of loans, luring investors all over the world to invest in now-worthless CDOs.

Cornell University - 2 Stars

Sandy Weill, Cornell BA, Government: Former CEO of Citibank, created the banking behemoth that put commercial banking and investment banking under one roof for the first time since the 1930s, after successfully lobbying for the repeal of Depression-era regulations that kept those banking functions separate. The result is a Citibank that the government just recently took a 38% stake in to keep it afloat.

Richard Marin, Cornell MBA: Former CEO of Bear Stearns Asset Management, ran two highly leveraged hedge funds that blew up in the summer of 2007, kicking off the credit crisis cascade that eventually saw 85-year-old Bear Stearns dismantled and sold to JP Morgan Chase for parts.

Honorable Mention:

London School of Economics

Robert Rubin: Former Treasury Secretary under Clinton who reportedly strongly opposed government regulation of derivatives. Later he served as board director of Citigroup during its disastrous decline that led to the government taking over 38% of the company’s shares to keep it from going under.

University of Southern California

Chuck Prince, USC Law: Replaced Sandy Weill as CEO of Citibank until the firm’s poor risk management led to his replacement. Citibank now is 38% owned by taxpayers and trades for under $2 from a high of $55 in ‘07.

University of Georgia

Phil Gramm, U of Georgia Ph.D., Economics: Former Republican U.S. Senator (Rep) who co-authored the infamous 1999 repeal of the Depression-era Glass-Steagall Act, which regulated the banking industry and kept the economy depression-free for 66 years. As predicted, eight short years later, the banking meltdown and the so-called "Greatest Depression" was on.

Yale

Bill Clinton, Yale Law: Former President of the United States signed the Gramm-Leach-Bliley Act dissolving the depression-preventing Glass-Steagall Act, into law.

University of Virginia

David Lereah, UVA Ph.D., Economics: Former Chief Economist of the National Association of Realtors, whose ever-cheerful economic forecasts helped fuel the home-buying, mortgage-lending frenzy of the mid-2000s. Noted for authoring the 2006 book, Why The Real Estate Boom Will Not Bust — And How You Can Profit From It.



To: geode00 who wrote (188589)3/6/2009 1:21:48 AM
From: stockman_scottRead Replies (1) | Respond to of 306849
 
Time to Buy Stocks?

dailykos.com