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Andrew Cuomo To File Civil Securities Fraud Charges Against Ken Lewis and BofA CFO Joe Price Even As The SEC Proves Its Incompetence Yet Again

Tyler Durden's picture




NY AG Andrew Cuomo just announced he would file civil securities fraud charges against BofA ex-CEO Ken Lewis and CFO Joe Price under New York's Martin Act. This blow to Ken Lewis follows hot on the heels of yet another attempt by the ever pathetic and worthless SEC to cover up the whole Merrill mess, this time by proposing yet another settlement with BofA, however instead $30 million this time taxpayers will pay BofA investors $150 million. The fact that there is no change in the SEC's M.O. from before, but merely an increase in the "booty", is sure to anger Judge Rakoff even more. The need for a referendum over the fitness of Mary Schapiro to serve her job as head of the SEC in light of these two diametrically opposing actions is now greater than ever.




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Thu, 02/04/2010 - 12:30 | Link to Comment Anonymous
Thu, 02/04/2010 - 12:31 | Link to Comment Handle with care
Handle with care's picture

Lets hope other state AGs pile on to this

Thu, 02/04/2010 - 12:32 | Link to Comment Anonymous
Thu, 02/04/2010 - 14:18 | Link to Comment RossInvestor
RossInvestor's picture

Yes, Ken Lewis would look good in some old fashioned Sing Sing pin stripes.

Thu, 02/04/2010 - 12:32 | Link to Comment Master Bates
Master Bates's picture

You sure don't like Mary, T.D.!

Maybe if her employees were doing something beside looking at porn all day, we'd have some real regulation!

Thu, 02/04/2010 - 12:34 | Link to Comment colonial
colonial's picture

The SEC is a corrupted federal agency.  The corruption takes two forms.

The first is systemic.  Walled off from true Congressional oversight since its inception, the SEC has learned that its responsibilities are so misunderstood on The Hill that it can do virtually anything it wants without scrutiny or rebuke.

Just as markets operated under the Greenspan put, which was instituted in the wake of the 87 crash, the SEC understands that it too has a federal backstop.

Understanding this, individual staffers are free to act without any fear that their actions will be seen as incompetent, biased or arbitrary.  It is an incredibly dysfunctional agency not up to the task of dealing with the global nature of financial markets. 

Yet, we are about to see Congressional Committees, who understand even less about the business and the SEC, provide more money, more staff, more regulations and therefore more power to this fundamentally flawed agency. 

We are witnessing nothing less than the dismantling of a financial market system that was once the envy of the world and responsible for a considerable amount of capital expansion.  And to be clear on this point, we're talking the creation of REAL DOLLARS, not dollars generated in the bowels of the Fed and Treasury. 

 

Thu, 02/04/2010 - 12:39 | Link to Comment Anonymous
Thu, 02/04/2010 - 12:43 | Link to Comment Failure to Comm...
Failure to Communicate's picture

BofA must really need more hush-money.

Thu, 02/04/2010 - 12:46 | Link to Comment Anonymous
Thu, 02/04/2010 - 12:48 | Link to Comment Peterpaul
Peterpaul's picture

All,

This is a test run on GS. Cuomo will try GS by proxy with ML as well as test out means of attacks, defenses, and hopefully get enough intel into where the real bodies are buried to take on the mothership.

That is, if Cuomo lasts...

Thu, 02/04/2010 - 16:23 | Link to Comment swmnguy
swmnguy's picture

Good point.  You don't suppose Andrew has gotten his you-know-what dipped into any honeypots, do you?

Thu, 02/04/2010 - 12:49 | Link to Comment RossInvestor
RossInvestor's picture

It would be sweet if federal judge Rakoff threw out this proposed settlement and held Mary Shapiro in contempt.  Now, that would be CHANGE!

Thu, 02/04/2010 - 13:00 | Link to Comment velobabe
velobabe's picture

Italy seizes Bank of America, Dexia Assets in Derivatives Probe

from Bloomberg

they misled the region about the economic advantage of the package. Banks skewed the swaps to their advantage to hide fees

In Milan, prosecutors seized assets from four banks including JPMorgan Chase & Co. and UBS AG and requested they stand trial for alleged fraud. Hearings started in Milan this month...

courts are busy around the globe.

Thu, 02/04/2010 - 13:04 | Link to Comment deadhead
deadhead's picture

but merely an increase in the "booty", is sure to anger Judge Rakoff even more.

Gotta believe that this is the case....so, another $117 million is supposed to make a difference???

 The need for a referendum over the fitness of Mary Schapiro to serve her job as head of the SEC in light of these two diametrically opposing actions is now greater than ever.

I don't think a referendum is the appropriate suggestion TD.  The President of the US should ask her to resign....today.

Thu, 02/04/2010 - 13:05 | Link to Comment Anonymous
Thu, 02/04/2010 - 13:45 | Link to Comment Anonymous
Thu, 02/04/2010 - 13:46 | Link to Comment Commander Cody
Commander Cody's picture

There are two sets of laws: One for the banksters, corporate heads and their government enablers; the other for everyone else.

Thu, 02/04/2010 - 14:32 | Link to Comment Anonymous
Thu, 02/04/2010 - 17:00 | Link to Comment Anonymous
Thu, 02/04/2010 - 17:09 | Link to Comment myshadow
myshadow's picture

 Since mr. hankey forced the deal down lewis's throat, I would imagine there is some jeopardy for him down the road. 
This whole deal stunk up the joint when it went down.  The Obama administration made itself an accessory after the fact by covering up this festering root canal, and the entire real causes of the meltdown..
They should have come in guns blazing and casting light on this whole mess...
Instead, we bought aig and covered the asses of the bush administration, and the banksters.

If Holder doesn't have a perpwalk in Manhattan this summer, all of this populist crap will stain him into one term.

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