Merrill Lynch

timmeh_65a6d.jpg

Matt Taibbi says we should run Elizabeth Warren for president in 2012, and the more I read about how the since-appointed members of the Obama administration handled the financial crisis, the more I like the idea:

Oct. 27 (Bloomberg) -- In the months leading up to the September 2008 collapse of giant insurer American International Group Inc., Elias Habayeb and his colleagues worked nights and weekends negotiating with banks that had bought $62 billion of credit-default swaps from AIG, according to a person who has worked with Habayeb.

Habayeb, 37, was chief financial officer for the AIG division that oversaw AIG Financial Products, the unit that had sold the swaps to the banks. One of his goals was to persuade the banks to accept discounts of as much as 40 cents on the dollar, according to people familiar with the matter.

[...] Beginning late in the week of Nov. 3, the New York Fed, led by President Timothy Geithner, took over negotiations with the banks from AIG, together with the Treasury Department and Chairman Ben S. Bernanke’s Federal Reserve. Geithner’s team circulated a draft term sheet outlining how the New York Fed wanted to deal with the swaps -- insurance-like contracts that backed soured collateralized-debt obligations.

CDOs are bundles of debt including subprime mortgages and corporate loans sold to investors by banks.

Part of a sentence in the document was crossed out. It contained a blank space that was intended to show the amount of the haircut the banks would take, according to people who saw the term sheet. After less than a week of private negotiations with the banks, the New York Fed instructed AIG to pay them par, or 100 cents on the dollar. The content of its deliberations has never been made public.

The New York Fed’s decision to pay the banks in full cost AIG -- and thus American taxpayers -- at least $13 billion. That’s 40 percent of the $32.5 billion AIG paid to retire the swaps. Under the agreement, the government and its taxpayers became owners of the dubious CDOs, whose face value was $62 billion and for which AIG paid the market price of $29.6 billion. The CDOs were shunted into a Fed-run entity called Maiden Lane III.

[...] A spokeswoman for Geithner, now secretary of the Treasury Department, declined to comment. Jack Gutt, a spokesman for the New York Fed, also had no comment.

One reason par was paid was because some counterparties insisted on being paid in full and the New York Fed did not want to negotiate separate deals, says a person close to the transaction. “Some of those banks needed 100 cents on the dollar or they risked failure,” Vickrey says.

In other words, Geithner used taxpayer money from one big disaster to paper over the fact that all the other parties were bankrupt, too - and probably still are, no matter what you read in the papers. Wait until the commercial market crashes. Wheee!



Judge Rakoff Rejects Bonus Settlement for Merrill Executives

Now why doesn't President Obama nominate more judges like this one?

As President Obama traveled to Wall Street on Monday and chided bankers for their recklessness, across town a federal judge issued a far sharper rebuke, not just for some of the financiers but for their regulators in Washington as well.

Judge Rakoff_7efb1.jpg

Giving voice to the anger and frustration of many ordinary Americans, Judge Jed S. Rakoff issued a scathing ruling on one of the watershed moments of the financial crisis: the star-crossed takeover of Merrill Lynch by the now-struggling Bank of America.

Judge Rakoff refused to approve a $33 million deal that would have settled a lawsuit filed by the Securities and Exchange Commission against the Bank of America. The lawsuit alleged that the bank failed to adequately disclose the bonuses that were paid by Merrill before the merger, which was completed in January at regulators’ behest as Merrill foundered.

He accused the S.E.C. of failing in its role as Wall Street’s top cop by going too easy on one of the biggest banks it regulates. And he accused executives of the Bank of America of failing to take responsibility for actions that blindsided its shareholders and the taxpayers who bailed out the bank at the height of the crisis.

The sharply worded ruling, which invoked justice and morality, seemed to speak not only to the controversial deal, but also to the anger across the nation over the excesses that led to the financial crisis, and the lax regulation in Washington that permitted those excesses to flourish.

Implicit in the judge’s remarks were broader questions on the anniversary of one of the most tumultuous weeks in Wall Street’s history: What do the giants of finance owe their shareholders and the investing public? And who will adequately oversee these behemoths?

Congress is pondering these issues as it prepares to reshape the power structure of financial regulators in Washington, including the S.E.C. President Obama is pushing lawmakers to pass tougher regulations this year that would touch everything from bonuses to the structural soundness of Wall Street’s most powerful banks, even as some Democrats fret that the health care debate makes it unlikely that financial reform can be achieved.

“We will not go back to the days of reckless behavior and unchecked excess at the heart of this crisis,” Mr. Obama said in his speech before several hundred banking executives, lawmakers and Mayor Michael R. Bloomberg of New York.

Such consequences were at the heart of the dispute that came before Judge Rakoff, who had demanded that the S.E.C. and the bank explain which executives were responsible for failing to tell the bank’s shareholders about the payout of Merrill’s bonuses. That information, together with evidence of large undisclosed losses at Merrill, may have led shareholders to reject the merger at a time when the government wanted to forestall a worse meltdown of the financial system.

The judge accused Bank of America and the S.E.C. of concocting the settlement to effectively absolve themselves of further responsibility.

“The S.E.C. gets to claim that it is exposing wrongdoing on the part of the Bank of America in a high-profile merger,” he wrote, and “the Bank’s management gets to claim that they have been coerced into an onerous settlement by overzealous regulators.”


hank_01d9b.jpg

Well! This certainly should be an interesting summer:

WASHINGTON – A House panel has subpoenaed documents that lawmakers say could shed new light on Federal Reserve Chairman Ben Bernanke's role in Bank of America's acquisition of Merrill Lynch.

The subpoena comes ahead of a hearing next week in which Bernanke is scheduled to testify.

Lawmakers have accused Bernanke and President Bush's treasury secretary, Hank Paulson, of pressuring Bank of America Corp. Chief Executive Kenneth Lewis into the deal and urging him to keep quiet about Merrill's financial problems.

Not divulging that information would have violated Lewis' fiduciary duty to the bank's shareholders.

Lawmakers also have questioned whether Lewis threatened not to go through with the merger in order to squeeze money from the government.


I assume the administration thinks they're doing the right thing by pouring billions into the banks, but things seem to be getting worse for everyone else, don't they?

A registered nurse came close to losing her $1,550-a-month apartment on the Upper East Side after being let go from two jobs in three months. A woman found herself dipping into a 401(k) to keep her $3,375 unit in Peter Cooper Village after her husband was laid off in February from his six-figure marketing job. A father of two with an M.B.A. and a law degree owed $5,400 in back rent in Stuyvesant Town after he struggled to find steady work and lent money to his wife’s family.

Lawyers, judges and tenant advocates say the staggering economy has sent an increasing number of middle-class renters across New York City to the brink of eviction, straining the legal and financial services of city agencies and charities. Suddenly, residents of middle-class havens like Rego Park in Queens and Riverdale in the Bronx are crowding into the city’s already burdened housing courts, long known as poor people’s court.

Even some affluent people in high-end places are finding themselves facing off with landlords. One man, laid off by Merrill Lynch, was forced to move out of his $5,700 apartment in TriBeCa, owing $20,000 in back rent. Todd Nahins, a lawyer who represents owners of luxury residential buildings, has been busy negotiating payment plans for tenants in arrears.

“There’s definitely an uptick of people who were basically very good rent payers until the economic downturn,” Mr. Nahins said. “There’s so many of them. People who at one point had made money are now not earning enough to pay their rent.”


ConsumerAffairs.com:

Under heavy fire from critics for the bank's losses in the economic meltdown, former Bank of America chairman Kenneth Lewis will step down as chairman, to be succeeded by Dr. Walter E. Massey. Lewis will remain as President and CEO.

All 18 board members were said to "comfortably" resist votes to remove them from the board, but the vote to split the duties of chairman into different posts was successful. Massey, an accomplished scientist and a member of many corporate governing boards, most recently served as president of his alma mater, Morehouse College in Atlanta, Georgia.

The announcement came after a raucous shareholder meeting in Charlotte, North Carolina today, where investors and activists grilled him for pushing the acquisition of debt-riddled Countrywide Financial and Merrill Lynch, as well as for accepting billions in taxpayer money during the first round of bailouts of the financial market last year.

Countrywide, formerly the world's largest mortgage lender, was acquired last year by Bank of America for $4 billion amid rumors that it would seek bankruptcy protection due to mounting losses from the collapsing housing market. The additional acquisition of Merrill Lynch saddled the banking giant with an estimated $70 billion in capital losses, while shareholders saw their investments drop by an average of 76 percent.[..]

The Service Employees' International Union (SEIU) launched a campaign to remove Lewis as chairman, after it was revealed that Bank of America used $25 billion in taxpayer money it received for executive compensation and buyouts of competitors, while squeezing the credit lines of its customers.

SEIU actually liveblogged the shareholder's meeting and deserves all sorts of credit for really holding Lewis's feet to the fire.

I think Lewis should just be grateful that the shareholders didn't opt to treat him the way that Icelanders have treated the bankers that caused their financial crisis. Just sayin'...


I can barely read this through my empathetic tears:

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.

God, I hate that internal dissension and consternation! And of course, unless they disclose, no one will have a clue that the guy with the Hamptons beach house, private car and driver, gold Rolex and Park Avenue penthouse works on Wall Street. Why, people might even try to steal from them the same way they stole from us!


Countdown: Still....Bushed! Jan. 5, 2009


DOWNLOAD (41)
WMV QuickTime
PLAY (73)
WMV QuickTime

I don't, as a rule, get surprised by the utter gall of these Wall Street executives, or the complete farce of how these TARP bailout funds are managed but this is a bit much.

Peter Kraus worked hard in the three months he spent at Merrill Lynch this fall — and the $25 million in bonus cash he earned for his troubles was just enough to allow him to afford to buy Carl and Barbaralee Spielvogel's apartment at 720 Park for $36.63 million, twice what they paid for it two years ago.

Continue reading »