Quote from Daal:
The Fed's participation in this deal was totally standard, I cant see anything criminal about this. They have the power and the duty to work with bank managements, they do this almost weekly, they have the power to get management to step down by threatening enforcement actions against bank managements. If Bernanke needs to go to jail for this, then every fed chairmain since 1913 needs as well
The disclosure issue, Fed General Counsel Scott Alvarez instructed the fed not to ask anything about it, so they did not encourage material information to be hidden from shareholders, altough some kind of implicit pressure probably occured
Quote from nravo:
Show me a specific example of a Fed chairman doing what the Fed did to a bank. The Fed, to my knowledge, has never forced one bank to buy or run of receive assets of another bank when they go belly up
Quote from Daal:
The Fed routinely 'asks' banks to cut dividends, raise capital, get rid of bad bankers, ban people from the banking industry, order banks to be shutdown, etc
http://www.federalreserve.gov/newsevents/press/enforcement/2009enforcement.htm
Lewis was acting like a reckless banker, he signs to buy a company levered 30-1 with toxic garbage and gets cold feet when the assets go down? His actions were threatening the stability of the US financial system. The fed, as part of their regulatory duty, had the authority to ban him from banking, even if he was running a bank that had enough capital by regulatory standards
Quote from Martinghoul:
I am with Daal on this...
Had Lewis been allowed to pull out of the deal, the consequences in the mkt would have been absolutely staggering. If he hadn't agreed initially, that would have been a different kettle of fish. But for him to change his mind in the middle of the biggest ever sh1tstorm is just not acceptable.
The Fed, in my view, did absolutely the right thing.
Quote from Martinghoul:
I am with Daal on this...
Had Lewis been allowed to pull out of the deal, the consequences in the mkt would have been absolutely staggering. If he hadn't agreed initially, that would have been a different kettle of fish. But for him to change his mind in the middle of the biggest ever sh1tstorm is just not acceptable.
The Fed, in my view, did absolutely the right thing.
Quote from WaveStrider:
I suppose it could be argued that the Fed and Paulson forced the merger to "save the system".
But Lewis is still on the hook for violating his fiduciary duty to the bank's shareholders by not telling them how big a hole Merrill was going to blow in BofA.
Unfortunately for him, the only other option he had was to refuse and resign, which he obviously didn't take.