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Ken Lewis Should Resign, Regardless of Shareholder Vote, Says Dartmouth Prof.

Posted Apr 29, 2009 01:29pm EDT by Aaron Task in Newsmakers, Banking
Ken Lewis is expected to be reelected to Bank of America's board but a proposal to split the CEO and Chairman roles is too close to call, according to preliminary results from the bank's shareholder meeting today. Shortly after 1 p.m. EDT, the company said the final results have been delayed because of the volume of votes being tallied.

But regardless of the outcome and the compliant board's continued public support for the CEO, Lewis should resign, says Sydney Finkelstein a Professor of Management at Dartmouth's Tuck School of Business.

"Is he really the right guy to move the company forward? My answer is ‘no,'" says Finkelstein, the author of Think Again and Why Smart Executives Fail.

To Finkelstein, Lewis has "had enough chances" and made some egregious errors, including:

  • Ill-timed acquisitions of Countrywide Financial and Merrill Lynch.
  • The ham-handed firing of John Thain.
  • Basing first-quarter results on write-ups of Merrill Lynch assets.
  • Repeated declarations of Bank of America's health, followed by revelations to the contrary; results of the stress tests being the latest.

Most importantly, Finkelstein says Lewis failed "the most challenging litmus test" by failing to do his fiduciary duty and disclose the Merrill Lynch losses to BofA shareholders ahead of vote on the merger. Lewis could have either resigned in protest or pushed back after Hank Paulson threaten to fire him if BofA pulled out of the Merrill deal, he says.

"I don't know why Ken Lewis just continues to just come up with these stories - ‘my hands were tied. I couldn't do this, I couldn't do that,'" Finkelstein says. "You have fiduciary duty to protect your shareholders. There are going to be more lawsuits."

111 Comments

Yahoo! Finance User
Yahoo! Finance User - Wednesday April 29, 2009 01:41PM EDT

Let's cut Ken Lewis a break. He and the entire BAC board were threatened to be fired by Hank Paulson if the Merrill Lynch deal was not completed. I think he was (deep down) trying do his patriotic duty to save the US financial system from collapse by agreeing with the government to do the Merrill Lynch deal.

Yahoo! Finance User
Yahoo! Finance User - Wednesday April 29, 2009 01:44PM EDT

Pooh is like candy to American voters!

Melanie C
Melanie C - Wednesday April 29, 2009 01:45PM EDT

I disagree. Give him his 3 years to turn things around and then let's revisit new leadership. Right now new leadership could do more harm than good.

Yahoo! Finance User
Yahoo! Finance User - Wednesday April 29, 2009 01:45PM EDT

So why hasn't Finkelstein been as, or deservedly more so critical of the performance of Barney Frank and Chris Dodd. What has happened on "their watch" is far more egregioius

Yahoo! Finance User
Yahoo! Finance User - Wednesday April 29, 2009 01:46PM EDT

The people in charge of this country have become virulent swine! Flu on you!

Midas1
Midas1 - Wednesday April 29, 2009 01:47PM EDT

Agree with mogleytheman. I think all the fleabags should be held accountable or do the honorable thing like the Japanese and fall on a sword. The crooks should at a minimum join the likes of Madoff and work for $.25 per hour cleaning toilets, making license plates, etc. They are no better than common thieves. Martha Stewart was sent to prison on a lot lessor charge and she certainly didn't bankrupt the world! Why are these MEN not in prison?

Bob
Bob - Wednesday April 29, 2009 01:48PM EDT

I agree wholeheartedly. One key thing that needs to be drilled home to the large company execs is that the money they pay themselves with and play with and gamble with belongs to other people. Mostly small people who trust and depend on the honesty and judgement the CEO and Board will exhibit. He has not been honest and not used good judgement.

Melanie C
Melanie C - Wednesday April 29, 2009 01:49PM EDT

By the way this articles 4 bullets for "enough chances" are all the same event - Merrill Lynch, just say that and the length of the article shrinks tremendously.

constance
constance - Wednesday April 29, 2009 01:50PM EDT

I don't like Lewis...I think he should go...BUT...The last time I looked, the stockholders OWN THE COMPANY and if they vote to keep him...then he stays....they get to reap their own choice...but Mr Finkelstein has absolutely no right to make demands unless he is a stockholder

Yahoo! Finance User
Yahoo! Finance User - Wednesday April 29, 2009 01:52PM EDT

Professors should be seen and not heard, unless they've had a job outside academia and/or government.

Yahoo! Finance User
Yahoo! Finance User - Wednesday April 29, 2009 01:53PM EDT

Why does everyone dump on the rich? They’re people, too, you know? Why don’t you try putting yourself in their shoes? They have problems, too! It’s just that none of their problems are about money. Otherwise, they’re just like you, so give them a break, okay?

jimmygofaster
jimmygofaster - Wednesday April 29, 2009 01:54PM EDT

Let's not forget Moody's and S&P who both stamped toxic mortgage-backed securities investment grade before shipping them to pension funds, before shipping them around the world. The American public is being taken for a ride by congress, by the worthless regulators, and by the criminals who fostered the collpase of the world economy. They are still collecting huge paychecks, enjoying life, enjoying pensions to come, re-election in the case of lawmakers, and so forth. We need a revolution in this country. The people need to stand up and say "Enough".

Bob
Bob - Wednesday April 29, 2009 01:54PM EDT

To: amicg2002-you are right except that many many people do not bother to vote or do not know what they are voting on and throw the material in the trash. when that happens the board votes their way and when yo uhave a close one like this it is the deciding factor.

Yahoo! Finance User
Yahoo! Finance User - Wednesday April 29, 2009 01:57PM EDT

Isn't Ken's father Jerry Lewis.. yuk yuk

Yahoo! Finance User
Yahoo! Finance User - Wednesday April 29, 2009 01:58PM EDT

So who is this pinhead Finkelstein and what experience does he have running a corporation?

Matt
Matt - Wednesday April 29, 2009 02:00PM EDT

I like how they are quoting some prof. who prob has never run a business in his entire life and just sits around wearing flannel up in NH eating maple syrup.

Steven
Steven - Wednesday April 29, 2009 02:04PM EDT

These people act like BAC is the only bank stock that went under with this recession. They also seem to forget the fear that existed when Lehman failed and ML was going to be next. I believe it was right here on TT that people were posting how last November was going to be the last ever Thanksgiving and they even had an analyst say no one would be buying food so fertilizer prices were lower. How about some perspective people.

Dave
Dave - Wednesday April 29, 2009 02:04PM EDT

I love the smell of pooh in the morning, but if you put too much of it in the same toilet it will get clogged and start to smell bad.. much like what is coming out of America...

Reedersong
Reedersong - Wednesday April 29, 2009 02:04PM EDT

Lie, cheat, and steal as long as it's other's money at risk...Probably not so with their own money.

Wayne_0488
Wayne_0488 - Wednesday April 29, 2009 02:05PM EDT

I hope that we can find out what really happened with this Bank of America & Merrill Lynch merger--especially if there was a conspiracy to commit securities fraud by Ben Bernanke, Ken Lewis, and Hank Paulson. This is an incredible story and if it is true, it will send shockwaves in the marketplace as the regulators and overseers at the highest levels are committing serious crimes and it greatly damages the people's trust in what they're being told by these people. This is a big big story here...

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