Congratulations to you, Tom Montag, named sole chief operating officer of Bank of America this past Wednesday. And first thing Thursday morning asked to sign a check to the government for $16,650,000,000 to settle complaints that the bank sold flawed mortgage securities in the days preceding the financial crisis. But don’t feel too badly. Only $9.65bn will go to various regulatory agencies. Some, $7bn will go toward writing down the balances of homeowners struggling to meet mortgage payments, and to demolish foreclosed homes in blighted neighborhoods. Nice of you to arrange this gigantic transfer of wealth from your shareholders to the government’s coffers and to stressed homeowners and communities, with that relief arriving in time for them to decide which party to vote for in the mid-term congressional elections 73 days hence. Do all of this and the Justice Department might not file criminal charges against you and the bank, which it has reserved the right to do.
Brian Moynihan, Bank of America’s CEO, has reason to feel aggrieved. The mortgage mis-selling was done largely by Merrill Lynch and Countrywide before BofA acquired them — at the urging of the government, which feared that failure of those institutions would exacerbate the financial crisis. Timothy Geithner, former secretary of the New York Fed and the U.S. Treasury writes in his recently published memoirs that BofA’s acquisitions “eased fears of a collapse.” This settlement, which brings total fines paid by the bank to an estimated $70bn, “allows us to continue to focus on the future,” Mr. Moynihan told the press. Not a bad thing.
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