Bank of America CEO Ken Lewis has testified that former Treasury Secretary Hank Paulson and current Fed Chairman Ben Bernanke essentially forced him to acquire Merrill Lynch despite evidence of its growing losses. Even though this was certainly done with "America's best interests" in mind, it's still a bit troubling. It's especially troubling because early this year, Merill CEO John Thain was forced out for hiding Merrill's red ink. But doesn't Lewis' testimony reveal that explanation as completely, 100 percent bogus? For me this raises three big questions about one of the biggest financial mergers of our time:
First, here are the money graphs from the article:
"Did Paulson and Bernanke abuse their authority by ordering Mr. Lewis to go through with the Merrill acquisition, or did Mr. Lewis threaten to back out in order to squeeze more money out of the federal government?" Towns asked.
Bank of America Chief Executive Ken Lewis, the sole witness at the hearing, agreed with lawmakers under questioning that there was pressure from the government to complete the deal despite growing losses at Merrill.
"But it was in the context of them thinking it was in the best interests of Bank of America and the financial system," Lewis said.
"The threat was not what gave me concern. What gave me concern was that they would make that threat to a bank in good standing," Lewis said.
Republican investigators on the committee prepared a briefing paper that accused Paulson and Bernanke of "putting a gun to the head" of Lewis and Bank of America's board.
"This transaction took place in a climate of fear and intimidation by government officials," said Republican Representative Jim Jordan of Ohio.
And here's what still has me confused:
1) Does this mean that Ken Lewis lied to his his shareholders? As I wrote in April, BofA shareholders voted to approve the
merger with Merrill on December 5. Bank of
America reported Merrill's loss of $15.84 billion in the
fourth quarter on January 16. But Lewis had known that Merrill's asset sheet was poisonous four months earlierin
September, when Paulson and Bernanke were "putting a gun to the head"
to Lewis' head. Wouldn't that timeline suggest that Lewis certainly
did mislead shareholders about Merrill's balance sheet months before he
fired Thain for "concealing" something he already knew?
2) Was John Thain screwed? It's pretty clear that
Lewis knew about the crap sandwich of assets waiting to emerge
in January, but he still had the board vote on the merger in December.
When
Merrill's loss emerged even worse than all sides expected, Lewis forced
out Merrill's chief John Thain for hoodwinking him and shareholders.
But, as this testimony makes clear, Lewis wasn't hoodwinked at all. He was
completely aware that Merrill was about to implode before the
government forced the merger down his throat.
3) How bad is this for Ben Bernanke/the administration? A few months ago, Megan predicted that the fallout could seal the deal that Ben Bernanke will not be returning as the chairman of the Federal Reserve. Does Lewis' testimony reveal what everybody on Capitol Hill already knew and had moved on from, or will the BofA/ML scandal balloon into a meme for the administration in light of recent emails revealing that the government pursued similar strong-arm tactics to force a Chrysler-Fiat merger?










Dude. Before I finished the title of this post I couldn't help but become a bit angry. You're better than that, Derek.
The braintrust in D.C. running this (and other) witch hunts preys on the public's thirst for blood, but you, us, we, we're not supposed to stoop to the level of searching for a scapegoat.
I'm a bit disappointed, although I understand, kind of...
Anal_yst
http://1-2knockout.typepad.com
Hey there Anal_yst. So I guess I'm a touch confused by the comment (it's not sarcastic is it? The Internet still needs a sarcasm font, or something - that's only a related note).
But for the rest of this response, I'll assume sincerity. I'm not searching for blood, I'm just asking how deep the rabbit hole goes. I do think it's an interesting question to ask how exactly we forced two banks to merge against the bigger one's will; whether it follows that the government has the potential to be much tougher with banks than we've been if the turnaround becomes another downturn; whether the most powerful banker in the country (arguably?) violated his fiduciary responsibilities; etc. There's not a bone in my body that's thinking "let's find one sacrificial lamb" for the merrill disaster, I just think it's an interesting story.
Yea the "who to blame" that I swear used to be in the title irked me a bit, but the rest of the piece, fair questions/points, however (in order):
1. Its not just Lewis. Yes, he's the CEO and legally obligated (blah blah), but the Auditors, Lawyers, and other advisors (not to mention Merrill and BoA's own people) on the deal should have picked up on the loss(es), especially if Lewis (and presumably several others) already knew about it.
2. See above. I'm not sure what to think of jettisoning Thain/scapegoating him, and while it fishy, at best, Thain could have been screwed alot harder...
3. We've yet to see any Gov't types held really accountable for blatant strong-arming, and somehow I don't expect that to change any time soon. I don't like it for several reasons, but on the other hand, one could say (as I'm sure many have) extraordinary times call for extraordinary measures.
Appreciate your response, and agreed, there are several curiosities here, alas, I'm not exactly optimistic we'll ever know the "truth" though...
I hope the various lawsuits will bring the truth out. Hopefully there is a prosecutor out there ambitious enough to take on some of these very powerful people.