Brian Moynihan, Other Current And Former Bank Of America Execs Subpoenaed By NY Attorney General

Tyler Durden's picture

Bank of America just can't catch a break. First it gets caught in a trap of a "non-settlement" settlement which will only expose it to billions more in legal fees and other reserve fund increases, and now this. From the WSJ: "New York state Attorney General Eric Schneiderman has issued subpoenas seeking new depositions from the Charlotte, N.C., bank's chief executive and other current and former executives, according to people familiar with the situation. The subpoenas are a sign that Mr. Schneiderman, who became New York's top law-enforcement official this year, doesn't intend to drop the civil-fraud investigation of Bank of America begun more than a year ago under predecessor Andrew Cuomo." Perhaps it is about time Ken Lewis finally get some primetime TV exposure where he belongs: on the defendant's chair. "Mr. Lewis, who retired partly because of rancor over the Merrill deal, declined comment through his lawyer. Mr. Price's lawyer couldn't be reached to comment." Considering the complete disaster New York prosecutors have now completed with the DSK arrest, they will need a very high profile arrest and conviction to make up for it. Kenny boy sounds like just the type to fit the bill.

From the WSJ:

The attorney general's office and Bank of America have clashed recently about how to proceed in the Merrill case. In court filings, Mr. Schneiderman's office said it intended to begin its depositions, but Bank of America asked a judge to delay any depositions until the attorney general produced certain documents disclosing communications between employees who worked with Mr. Cuomo and outside parties.

Last week, New York state Supreme Court Judge Bernard Fried ruled that Mr. Schneiderman must hand over the documents requested by Bank of America, describe the parameters of the search for the documents, and list any documents not produced on grounds of privilege. The judge also ruled that depositions wouldn't begin for 90 days.

Pressure from U.S. regulators contributed to Bank of America's decision to buy Merrill as the firm teetered in 2008. The deal was struck the same weekend that Lehman Brothers Holdings Inc. tumbled into bankruptcy.

The legal friction with Mr. Schneiderman is the latest reminder that Bank of America is a long way from shedding legal and financial wreckage of the crisis. The bank's 2008 takeover of mortgage lender Countrywide Financial Corp. culminated in this week's $8.5 billion settlement with holders of mortgage-backed securities issued by Countrywide.

Of course, at the bottom of the whole BofA-Merrill fiasco is none other than Hank Paulson who pressured Ken Lewis to take the deal or else. But not even we are that naive to hope that Paulson will ever go to court for any other reason. After all, if anyone watched the straight to HBO movie by a NYT reporter, Hank could do no wrong.

Although Agent Orange sure could (courtesy of the most value destroying M&A transaction in the history of corporate finance). Perhaps it is also time to take another long hard look at Mozillo (and not giggle).


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Lord Welligton's picture

Which is to say it is the Central Banks that are the problem.

All the rest is nonsense.

Unless you're on the inside. 


Widowmaker's picture

I did, but only for your second trash comment.

Quixotic_Not's picture

Moral hazard my ass!

Lick up the toxic waste 'MeriKans, it's your patriotic duty!   LOL

Just ask Karl Dickinger...

iDealMeat's picture

I junked you too..  Because:

Who junked me.


Is a question, not a sentence..

I'm the grammar police and demand perfection.

snowball777's picture

It's a perfectly valid sentence. 'Who' may be a proper name. You, grammar cop, suffer from an acute failure of imagination.

unununium's picture

Hu could possibly benefit from this.

Pining for the old CR...

fxrxexexdxoxmx's picture

I enjoyed your post. But when you whined about being junked, I junked you.

Do you really think a junk has meaning?

Other then ZH junk is in your trunk talk.

dcb's picture


there are so many trolls around the site lately it makes me sick. any mention of central bankers being the cause of problems lately gets multi junked. It's gotten to be a bit of a joke.


there is a real factor not covered in the article or comments of the author. I am sorry I can't find the source documents but it was all reported on bloombergand I for sure sent those articles to Cuomo and got replies. Lewis stated he knew the portfolio and the value of it from prior work. He sent one of his own to merrill who valued the portfolio very low. the merril people didn't sign off on this valuation and resigned. He then went to the government and blackmailed it with the new data (his cooked data) saying he would bail on the deal. I believe he then got 20 billion or so (not sure of the exact number) to go through with the deal. I would imagine it was one of the reasons he had to pay the bonus money, because otherwise management at merrill could rat him out for the crooked accounting. It just all fits together a bit too well. What other reson could there be for paying all that bonus money?  


Now, another aspect is that perhaps the government doesn't want to show how it got suckered. Knowing the facts above one can see a real reason the government could force lewis to resign, but not prosecute him at the federal level because he can also let it be known how he suckered the fed. It's reather clear with freedom of information requests, etc. the fed doesn't like to show how it has been suckered (or giving hand outs to it's prefered people).

There is ample enough data from the data given out that the fed doesn't have an issue overpaying for crap if you are one of those connected in the system.

Pegasus Muse's picture

Excellent piece.  Gives a good feel for the forces at play beneath the surface the banksters use to manipulate markets. Thanks.

XRAYD's picture



I like it.

ebworthen's picture


I wonder how much money has changed hands in the DSK, Sarkozy, Guinea, Wall Street scandal?

It boggles the mind.

$8.5 billion and no jail time is a steal if you ask me.


SloMoe's picture

Especially when you can buy your "get out of jail card" using taxpayer money. Always remember, "...of the people, by the people, for the executives."

onthesquare's picture

I have begun to wonder what the difference is between telling the truth and taking an oath to tell

the truth

the whole truth

and nothing but the truth

clarification between the two is required.

Zero Govt's picture

it's dog-eat-dog crunch-time on Wall Street and judging by the numbers of poison pills coming down the establishment medias shit-stir-tubes it'll be BoA next, clearly not top ranking and fully paid-up members of the NY Parasite Club

Meanwhile the wheels of the NY protection racket, sorry Justice system, only turn to shut-up and silence, discredit and/or shut down competition. Which heading does Mr Lewis, agitated by the Wank Paulson-Merrill deal, fall under I wonder? Some secrets Hank 'Toxic Bank' Paulson doesn't want outed maybe?!!

When fraud, deceipt and selling sugar coated financial turds is standard business practice in NY it helps to cut the low hanging fruit cakes like Bernie Madoff once in a while in publicity mushroom clouds to deflect public attention from the fact the toxic NY Judicial system allowed 99% of NY's financial criminals to walk free

ebworthen's picture


Do some state A.G.'s and law enforcement folks need to borrow some fine hempen rope?

I mean, I have plenty, what with maintaining the rigging of my pirate barque in tip-top shape; hard to compete with Wall Street and Washington with inferior equipment.

Fine strong rope, thick, will support at least 500 lbs even in the snap load of a falling fat pig bankster.


monopoly's picture

We can dream that justice will be served, we can dream.

Jack Napier's picture

I have a dream that a man will be judged not by the size of his bank account, but by his ability to create molotov cocktails and moonshine.

Quixotic_Not's picture

I have a dream that a man will be judged by the cumulative length and girth of his penis...

I win, bitches!

taca's picture

All of our handbags are priced between wholesale fashion jewelry with a money back guarantee if you are not 100% satisfied with your purchase. We also offer you FREE UPS Ground shipping on all orders over

TraderTimm's picture

I suggest we get into alternatives, especially ones that will take away the banks profit margins. (When it comes to 'interest' and transfer fees.) I've been making a few small videos to promote bitcoin. Take a look, if you would.

The world deserves a currency that is rid of central banks and free from political whims.


buzzsaw99's picture

kleptocracy been veddy veddy good to stutterin' hank.

VK's picture

More wrist slapping action coming up. That will teach those bad, mean banksters. Lol.

Seasmoke's picture

did Ken Lewis really think he was going to walk off into the sunset

buzzsaw99's picture

hank paulson paid no taxes on $750M. Class warfare bitchez!

buzzsaw99's picture

tax evaders as head of treasury:

hank paulson

turbo timmy

j. dimon?

nmewn's picture

"Of course, at the bottom of the whole BofA-Merrill fiasco is none other than Hank Paulson who pressured Ken Lewis to take the deal or else. But not even we are that naive to hope that Paulson will ever go to court for any other reason."

Exactly right.

In Vito-Land it would have been phrased something along the lines of...Ken, what I'm asking you to do is disregard your fiduciary duty to shareholders in the doing so, you open yourself up to charges in the future, by not doing so, you are at risk of arrest right now.

Gee Paulie, now that you put it that way, where do I sign?

Bartanist's picture

My original thought on this is that the NY syndicate banks in a conspiracy with the Fed and Paulson forced the "poison" Merril bomb on BAC.

Lewis was apparently told to take it. He did, but because it was not a good deal, he was forced to lie to his employees and shareholders about the terms of the deal, including the undisclosed loss and the bonuses.

It seems likely that the NY syndicate banks were trying to take down BAC too, but it did not go according to plan. BAC, the Charlotte bank, did not just role over and die like it was supposed to.

So BAC became the target of insider lawsuits, shareholder lawsuits and the poster child for mortgage fraud. Why BAC and not JPM? Most likely because BAC is a Charlotte bank and JPM is part of the NY syndicate. A large number of NY syndicate types left BAC shortly after the shotgun wedding.

f16hoser's picture

Cuomo the HOMO didn't do anything. Should we expect Schneiderman to be any different???? More political grandstanding from the Grandstand state of NY.

bullwinkle's picture

Who knows, maybe Julian decided to share some info.  If so, this could be fun.

Tunga's picture

Google that giggle. 

So the bank of Rome goes for the jugular? 

 They killed the CIA! Bastards!!

Tunga's picture

Indiana Jones: Who?


Government Agent: Top - People.

Bansters-in-my- feces's picture

New York's top law-enforcement official this year, doesn't intend to drop the civil-fraud investigation of Bank of America begun more than a year ago

......So wake me up when there is CRIMINAL charges.....and some CONvitions,with hard time.....

Other wise....Yawn...Yawn..!

Bansters-in-my- feces's picture


Elmer Fudd's picture

So far all an "AG" means to me is its a job held by a person who has much higher political aspirations.  He/she is easily directed by those that really matter.

Marty Rothbard's picture

As a resident of metropolitan Charlotte, I keep an eye on our scummiest corporate citizen, BOA.  I was floored, when the purchase of Countrywide was announced.  I was floored when the aquisition of Merrill Lynch (bullcrap on America) was announced.  I asked myself, why are these fools trying to destroy the company they work for?  Surely they are privy to better information than I am, and to me it seems that, by inspection, the value of these firms is less than zero, when their liabilities are taken into account.  Well, its nice to be proved right.  Maybe the CEO of BOA should talk to me before making any more aquisitions.

pebblewriter's picture

I worked for BofA years ago.  The one thing that always stunned me was the aquisitions. We've all heard of the "not invented here" syndrome.  At BofA, it was meant to imply an improvement over the stagnant, inferior practices BofA already employed.  Saw it with Continental, Robbie Stephens, Shaw, etc.  The new guys were always assumed to be smarter.  I left when the Charlotte gang came along -- just couldn't stand the thought of going through it all over again.  So, I don't know if the aquisition mindset has changed.  But, in looking at the Countrywide and Merrill acquisitions, seems there was probably some of that institutional inferiority complex still at work.

dogbreath's picture

Maybe WB can paste those eyes on the treminator.  cold cold.

Does anyone ever take a face like the one frankey posted and only look at  one half at a time with a piece of paper blocking the other half.  Many public figures have truely scarey eyes/mouth lines when viewed this way.  movie stars often show two very different sides.  Paulson surprisingly doesn't show a huge difference.    

Tater Salad's picture

Wonder if the new Jew on the block has any prostitute friends?  I would think so as they can't be complete without one.

dcb's picture

So true, I only feel complete with my Ho. At least I can afford my high rent fuck and am not some white trash complaining because he can't cut it with the big boys. It's so easy to blame others for your own failures isn't it.

snowball777's picture

There are no high-rent fucks, only high-desperation Johns.

Orly's picture

If they do bring in Lewis, I hope he squeals like a five-year old on the playground.

If I am not mistaken, it seemed that Lewis knew his goose was cooked one way or the other, thanks in large part to "daBazooka" and that skiing weasel John Thain.  It was a damned-if-I-do-damned-if-I-don't situation for Kenny.  It was easy to see the mark in his eyes those last few weeks.

I am thinking that if they do go after him, it could be the can-opener we have all been waiting for...

PulauHantu29's picture

Why are "they" picking on BAC?

GS wants less competition and has given them the Death Wish.

pebblewriter's picture

For those watching the financial stocks, last week's runup should be quickly undone -- not only on the BofA news, but a number of technical and harmonic indicators.  My recent post: