Sunday, December 20, 2009, 11:09AM ET - U.S. Markets Closed.

Bank of America Shocker: How Much More Will Taxpayers Take?

Posted Jan 16, 2009 03:42pm EST by Aaron Task in Investing, Newsmakers, Banking
How dumb do they think we are?

That was my first reaction on reading The Wall Street Journal's account of how Hank Paulson and Ben Bernanke urged Bank of America CEO Ken Lewis to not abandon Merrill Lynch when faced with mounting losses related to the deal, but instead take $138 billion in bailout funds:

"Bernanke and Paulson also urged Mr. Lewis to finish the deal and not invoke a material-adverse change clause, saying it was in his interest to finish the deal," says The WSJ story. "If they walked away, it would reflect poorly on the bank and suggest it hadn't done its due diligence and wasn't following through on its commitments." (Lewis didn't refuted this account today, saying:  "The U.S. government was 'firmly of the view' that canceling or delaying the transaction might result in 'serious systemic harm,'" the Journal subsequently reported.)

It's pretty clear to even the most casual observer that Bank of America didn't have time to do enough "due diligence" on Merrill Lynch when the two firms agreed to a hastily arranged merger in mid-September. Bank of America had been looking at Lehman Brothers at the time, then balked; when it became evident the government was then going to let Lehman Brothers go bankrupt, Merrill CEO John Thain feared his firm could suffer the same fate and scrambled to find a dance partner.

Thain found a willing partner in Lewis, who in a September conference call explaining the deal, said BOA wouldn't need government support: "We actually thought Merrill's capital structure was very good and had a lot more of a base of common equity than some others."

That some BAO shareholders (and Henry Blodget) are calling for Lewis to be fired is not surprising, considering:

  • On Dec. 5, Bank of America shareholders approved the Merrill transaction; less than two weeks later, BOA executives were meeting with government officials expressing concern about the size of Merrill-related losses. BOA's official explanation - "beginning in the second week of December, and progressively over the remainder of the month, market conditions deteriorated substantially..." - rings hollow, at best.
  • From the end of 2007 until early September 2008, Merrill had taken over $50 billion in subprime-related losses, according to Bloomberg. Did Lewis and BOA's management think that was the end of Merrill's losses?
  • Bank of America has now received $45 billion in direct government capital - diluting common shareholders and matching the amount received by industry laggard Citigroup - as well as $118 billion in guarantees for its bad debts.
  • Everyone today is focused on the Merrill Lynch deal, but Lewis also acquired Countrywide Financial, the biggest and most aggressive lender of the subprime era. Raise your hand if you think there aren't huge losses coming from that portfolio.

While Lewis and Thain certainly have some 'splaining to do, they are businessmen trying to make a buck. Meanwhile, Paulson and Bernanke continue to throw taxpayer money down a rat hole, even pledging TARP funds that have already been allocated elsewhere; their behavior is the greatest abomination of them all and an affront to all Americans.

Go to Tech Ticker
510 votes|Recommend this

351 Comments

charles.torre
charles.torre - Friday January 16, 2009 03:55PM EST

Enough blogging and enough talking. It's time to declare all those worthless derivatives worthless and let the cards fall where they may.

TylerS
TylerS - Friday January 16, 2009 03:56PM EST

I was PISSED when I read the feds were pressuring B of A to assist the Lehman Brothers or Merryl Lynch. You do realize they are bailing out Merryl Lynch more then Bank of America. That is my bank!!! Also, that 'Suddenly it was Paulson and Bernanke," part actually happened I think. B of A did NOT want to get involved, but from what I remember reading they WERE pressured into *helping the US*. This SUCKS!!!!

Bob Nolen
Bob Nolen - Friday January 16, 2009 04:00PM EST

Decaf guys, decaf. This endless talk about "nuking" the shareholders and bondholders is amazing and getting dull. Get a one way ticket to Venezula if you're such big fans of nationalization.

No2War
No2War - Friday January 16, 2009 04:00PM EST

How dumb do they think we are? The Bush regime lied about 9/11 saying "who could have known?" while they had been warned over and over that it would happen. They lied about the Iraq war and five years later some people are still waiting to find WMDs. And while the housing bubble burst and millions of mortages went into default, the Bush regime denied a recession and Cheney said, "who could have known?" and some people still believed them. That's pretty dumb.

Yahoo! Finance User
Yahoo! Finance User - Friday January 16, 2009 04:00PM EST

When will american people go out to the street and protest about this high level of corruption?. How much more are you guys willing to take???. No problem, don't worry, next week everything will be back to normal. Until february/march when bankers (and auto makers) need yet another bailout!!!!

D
D - Friday January 16, 2009 04:01PM EST

Do we have a choice????

Douglas
Douglas - Friday January 16, 2009 04:03PM EST

How can you bail out Merrill Lynch when they fired the CEO, Stan ONeal that made the unwise purchase of the west coast sub-prime bank- Franklin. Then paid him his 160million severance package! I'm sure they could have stiffed him for the severance and then litigated the issue for a couple of years and maybe won. BofA shouldn't be given another penny if the officers have golden parachutes in place...it's just to much conflict of interest...runing the Bank into the ground to just leave with a fist-full of cash! Somebody wake up Congress, tell the President Elect not to do it!

who cares
who cares - Friday January 16, 2009 04:03PM EST

Thank you Aaron....well written and perfectly correct. THE NEXT DISASTER! Wait till the pension funds are found underfunded or NOT FUNDED at all. I don't have enough money in my retirement 401k and they're going to push to shore up other's retirements at the taxpayer expense. IT"S COMING!!!!

Art
Art - Friday January 16, 2009 04:04PM EST

The Ivy League geniuses are at it again.

Everyones All American
Everyones All American - Friday January 16, 2009 04:04PM EST

2 simple rule changes ... and this madness ends. 1. Mark these complex financial assets to model and not to market. 2. Uptick rule

Nate
Nate - Friday January 16, 2009 04:06PM EST

All I know, is that our forefathers that founded this country would have been dumping the tea overboard about 6 months ago. When is it enough? I feel a tea party coming on. No taxation without representation!

terry
terry - Friday January 16, 2009 04:06PM EST

Lewis lays off older workers. Let him join them. I doubt any of them cost stockholders the amount he has. How about those options BOA employees. Tough break.

Redwoodkape
Redwoodkape - Friday January 16, 2009 04:06PM EST

I've never been real big on conspiracy scenarios but, you know, I'm getting to that point. Is the market falling due to a crisis of confidence? Well, maybe... but the lack of confidence is justified. I pity Pres-elect Obama. He's a senator so he has some responsibility here, but he is going to end up carrying the can for 50 years of financial mis-management. God bless & preserve him. (No, I didn't vote for him and I'm not a Democrat, just a citizen of the USA.)

CharlesH
CharlesH - Friday January 16, 2009 04:07PM EST

I am rapidly coming to the conclusion that most politicians are idiots and or bloodsuckers of American tax payers monies. I truly believe that the American people are becoming very cynical and untrusting of our Goverment which is loosing credibility on daily basis with decisions like the BOA and other unregulated criminal distribution of tax money indicate.

Yahoo! Finance User
Yahoo! Finance User - Friday January 16, 2009 04:07PM EST

Apparently they think we're as stupid as Henry. The government has screwed us from the start. Ever since they started pushing home ownership on Americans who couldn't pay for it. Henry is stupider than he looks if he actually believed that BoA did this of their own free will. He probably thinks that's exactly what happened with Countrywide and Bear. BoA would've scooped up Lehman if they'd gotten the same sweetheart deal that JP Morgan got. And BoA has been the government's whipping boy since then. Yes someone should be held accountable, and those people are Ben Bernanke and Henry Paulson. Fire those clowns. They're the ones that keep pushing crap companies onto the balance sheets of good companies, just like the Bush administration took up the initiative that ended up putting crap housing loans on the American public that lead to this whole mess. If the government had started doing the bloodletting from the start, let Citi fail, let Bear fail, let Lehman fail, let Merrill fail, let GM file for bankruptcy and let Cerebus pump more cash into Chrysler instead of the taxpayers. Then we would be well on our way to getting out of this mess. And BoA would still have Countrywide and nearly have it turned around. Don't make my dividend get slashed because your administration (I didn't vote for those guys) botched this thing from the start and made the company I invested clean up their mess. Lewis knew this purchase was a reach. He knew they shouldn't do it, and your government forced his hand. So don't get all uppity and self-richeous when your government has to back Lewis and BoA up because they've been taking shots on the chin to help everyone out for quite a while now. That's my investment paying my dividend. All that our (that's you and me) taxpayer money is doing is covering up the mistakes of your government, causing my investment to sour, and causing my dividend to get slashed. I hope your proud. No go do some actual research before they put you on camera again. It might help.

Yahoo! Finance User
Yahoo! Finance User - Friday January 16, 2009 04:08PM EST

The outrage should also be directed at the fact that while they're gathering taxpayer money, BOA is also throwing money in the form of retention bonuses to the ML brokers brought over. These bonuses equate to a full year compensation for a lot of brokers. You do the math - this comp ranges from $500K to $3MM - if half of the borkers get this that's at least 5,000 brokers. It may not look like much to what the Goldman buddies have gotten from the govt but it's enough to get even more outraged. Maybe the Bull should have just died - instead it's carcass is stinking up the whole room and making anyone around it sick.

Art
Art - Friday January 16, 2009 04:10PM EST

With each new financial crisis it becomes increasingly clear that Paulson, Bernanke and those in positions of authority don't have any more clue of what is happening and how to stop it than do the CEO's and boards of the failing firms. This can't have a happy ending.

Nate
Nate - Friday January 16, 2009 04:11PM EST

how come we aren't tossing the tea into the sea yet? Anyone for a tea party? No taxation without representation! The only way to fix this problem is to take back our government from the political idiots who control it now, be it by force or peace!

Yahoo! Finance User
Yahoo! Finance User - Friday January 16, 2009 04:11PM EST

Don’t worry, folks. These guys will get theirs. The tables are turning.

__A_YAHOO_USER__
__A_YAHOO_USER__ - Friday January 16, 2009 04:11PM EST

I guess more Bailouts will be a "normal" thing now.Just bailout everything.I am sure this is just the start of bailouts!!!More to come,line up,bailout the world next.

Yahoo! reserves the right to refuse, or remove any comment that does not comply with the Yahoo! Terms of Service. The submission of spam, hateful, or obscene messages may result in the termination of your Yahoo! ID.
About Tech Ticker - Send FeedbackDisclaimer. Copyright © 2007 Yahoo! Inc. All rights reserved.
Copyright/IP Policy - Terms of Service - Privacy Policy - Help
Quotes delayed, except where indicated otherwise. Delay times are 15 mins for NASDAQ, NYSE and Amex. See also delay times for other exchanges.

Quotes and other information supplied by independent providers identified on the Yahoo! Finance partner page. Quotes are updated automatically, but will be turned off after 25 minutes of inactivity. Quotes are delayed at least 15 minutes for NASDAQ, NYSE and Amex. See also delay times for other exchanges. Real-Time continuous streaming quotes are available through our premium service. You may turn streaming quotes on or off. Fundamental company data provided by Capital IQ. Financials data provided by Edgar Online. Historical chart data and daily updates provided by Commodity Systems, Inc. (CSI). International historical chart data, daily updates, fund summary, fund performance, dividend data and Morningstar Index data provided by Morningstar, Inc. Analyst estimates data provided by Thomson Financial Network. All data provided by Thomson Financial Network is based solely upon research information provided by third party analysts. Yahoo! has not reviewed, and in no way endorses the validity of such data. Yahoo! and ThomsonFN shall not be liable for any actions taken in reliance thereon. All information provided "as is" for informational purposes only, not intended for trading purposes or advice. Neither Yahoo! nor any of independent providers is liable for any informational errors, incompleteness, or delays, or for any actions taken in reliance on information contained herein. By accessing the Yahoo! site, you agree not to redistribute the information found therein.