12-06-04 Ongoing Criminality at Bank of America

New evidence of criminality at Bank of America has been reported by the New York Times and ProPublica.  Through the coerced mergers of Bank of America with Countrywide and Merrill Lynch the US government converted Bank of America into a corrupt organization. Today, the indemnity for criminality, both past and future, vested in Bank of America, is probably its most valuable intangible capital asset.  However, this asset only works for the benefit of management, and against the shareholder and all who do business with this criminal enterprise.
   
   
BofA Brian Moynihan, Federal Reserve Ben Bernanke
Both ProPublica and the New York Times in their most recent coverage failed to mention additional significant facts regarding the Bank of America- Merrill Lynch Merger:

• The fraud on the shareholders and SEC in the Merrill Lynch merger was perpetrated under coercion by the US government. [1]
• The matter was investigated by then NY Attorney General Andrew Cuomo, who produced indisputable evidence of a criminal conspiracy involving Lewis, Bernanke, Paulson, and others. [1,2]
• The completion of the merger entailed the ouster of then BofA General Counsel Timothy Mayopoulos and appointment of Brian Moynihan (who had no legal experience at that time) to replace him. [1]
• During the same merger executives unlawfully took $5.8 billions of shareholders funds to their own pockets. [3,4]
• The matter was purportedly reviewed in court under SEC v Bank of America  (1:09-cv-06829) in the US District Court in Manhattan, where Judge Jed Rakoff, BofA, and SEC (with media cheering along) engaged in fraud on the court to exonerate all involved. [3,4]
• Today, the indemnity for criminality, both past and future, vested in Bank of America, is probably its most valuable intangible capital asset.  However, this asset only works for the benefit of management, and against the shareholder and all who do business with this criminal enterprise. [5]

LINKS:[1] 09-04-23 RE: SEC v BAC (1:09-cv-06829) State of New York Attorney General Andrew Cuomo Letter to US Congress and analysts' responses:
http://www.scribd.com/doc/41079990/[2] 11-02-11 Press Release: US Congress Fails to Perform Its Oversight Duties and Impeach Bernanke
http://www.scribd.com/doc/48669543/[3] 11-08-01 Zernik, J: Fraud and corruption in the US courts is tightly linked to failing banking regulation and the financial crisis, 16th World Criminology Congress presentation
http://www.scribd.com/doc/61351562/[4] 
11-01-10 Request No 1 for investigation/impeachment proceedings against US Judge JED RAKOFF and Clerk RUBY KRAJICK, US District Court, Southern District of New York, in re: Conduct of Securities and Exchange Committee v Bank of America Corporation (1:09-cv-06829) s
http://www.scribd.com/doc/46616530/[5] 12-01-30 Vistas in Legal-Economic Theory: Perpetual corporate immunity as a major intangible capital asset and a driving force in socio-economic development, or lack thereof
http://www.scribd.com/doc/79912684/____

Merrill Losses Were Withheld Before Bank of America Deal

By GRETCHEN MORGENSON

Days before Bank of America shareholders approved the bank’s $50 billion purchase of Merrill Lynch in December 2008, top bank executives were advised that losses at the investment firm would most likely hammer the combined companies’ earnings in the years to come. But shareholders were not told about the looming losses, which would prompt a second taxpayer bailout of $20 billion, leaving them instead to rely on rosier projections from the bank that the deal would make money relatively soon after it was completed.

READ MORE:[1] G. Morgenson, Merrill Losses Were Withheld Before Bank of America Deal, New York Times, June 3, 2012
http://www.nytimes.com/2012/06/04/business/bank-of-america-withheld-loss-figures-ahead-of-merrill-vote.html?_r=2&pagewanted=1&hp 

How Bank of America Execs Hid Losses­In Their Own Words

by Cora Currier
ProPublica, June 4, 2012, 4:50 p.m

When Bank of America announced it was buying Merrill Lynch in September 2008, bank execs told their shareholders that the merger might hurt earnings a touch. It didn't turn out that way. Losses at Merrill piled upover the next two months, before the deal even closed. Yet the execs kept painting a prettier picture to shareholders ­ even though it turns out they knew better.

As the New York Times detailed this morning, a brief in a new lawsuit filed in federal court in Manhattan recounts sworn testimony and internal emails in which execs admitted to giving bad information to shareholders and that they had worried about the legal ramifications of doing so.

READ MORE:[1] C. Currier, How Bank of America Execs Hid Losses­In Their Own Words, ProPublica, June 4, 2012
http://www.propublica.org/article/how-bank-of-america-execs-hid-losses-in-their-own-words