they better tax this f*ck and persons of similar nature:
http://www.bloomberg.com/apps/news?pid=20670001&refer=columnist_reilly&sid=ag..fL1BCuXo
what about fixing his errors out of his personal assets?
our game, trading, is much more tough, and we risk our own money, plus paying huge taxes.
interestingly, the above f*ck is free to go, without empting all his pockets.
i will not be surprised if even Madoff gonna be set free in the absence of "corpus delicti".
we don't have good lawyers on our side
Jan. 16 (Bloomberg) -- Kenneth Lewis gambled big. He lost. Now taxpayers have to pick up his tab.
For that, the Bank of America Corp. chief executive officer probably needs to go. At the very least, Lewis, who also is chairman, should give up one of his posts to bring greater accountability to the bank.
Not because one specific bet, Merrill Lynch & Co., is souring. Lewis could be forgiven if that were his only misstep.
Itâs not. Since the crisis began, Lewis has misjudged the depth, breadth and severity of the storm that has crushed the global financial system. In doing so, he used capital that he should have been husbanding.
If he had been more prudent, BofA may have been able to complete the Merrill Lynch transaction without government help. Or BofA might never have done the deal, and others, in the first place.
Now the Charlotte, North Carolina-based company is staring into the abyss. The bankâs stock fell about 18 percent yesterday following reports that it told the government in December that it wouldnât be able to close the Merrill deal without assistance because of bigger-than-expected losses at the brokerage.
The government may now have to inject more capital into the company or backstop losses on a portion of its assets, or some combination of the two. The government has given Citigroup Inc. a similar guarantee against losses on some assets, although that hasnât kept investors from fleeing its stock.
Really Different
In some ways, itâs easy to see how Lewis stumbled. After all, when people say, âItâs different this time,â it almost certainly isnât.
So Lewis acted as if the crisis would mirror past recessions. He looked to use BofAâs once-strong balance sheet to capitalize on othersâ weakness.
Aggressive moves like that are what give businesses the edge once economic clouds part. Remember that in the 1930s predecessor banks to todayâs BofA profited from picking up institutions that failed during the Great Depression.
The problem: It actually is different this time. Even if the economy suddenly pulls out of its tailspin, the financial system and the banking business model are forever changed. What they will look like even a year from now isnât known.
Lewis didnât seem to pay enough heed to this. In January 2008, he agreed to buy hobbled mortgage lender Countrywide Financial Corp., saving it from what many investors figured would be an inevitable bankruptcy filing. Then, as economic, housing and banking conditions worsened during the spring, Lewis refused to scupper the purchase or force a renegotiation of the terms.
Paying a Premium
The result? Last July, BofA closed the deal. It paid $2.5 billion in stock, even though BofA later said Countrywideâs net assets were worth just $100 million.
The transaction was completed using a structure that may have limited BofAâs exposure to at least some Countrywide liabilities. Later in the summer, Lewis did an about-face and backed Countrywideâs debt, exposing BofA to problems lurking on its books.
Lewis also held BofAâs dividend steady for the first nine months of 2008, after other banks had cut their payouts. While the bank announced in October that it would halve the quarterly dividend to 32 cents a share, BofA should have cut deeper, faster and earlier to conserve capital.
Lewis again moved aggressively in September, snapping up Merrill Lynch as Lehman Brothers Holdings Inc. was sinking into bankruptcy and the financial system teetered. A bold move, for sure, and one that made some strategic sense for BofA. Mounting losses at Merrill have put BofA in a bind, though.
Reverse Moves
On top of all this, Lewis twice in 2008 increased BofAâs stake in China Construction Bank Corp. The second time, in November, BofA shelled out $7 billion.
Lewis has made some moves in the other direction. In October, he raised $10 billion through the sale of new stock. And in January, he backtracked on China Construction and sold $2.8 billion of BofAâs stake in the Chinese bank.
That wasnât enough. With his earlier moves, Lewis had increased his bet that things wouldnât be different this time. That has proven a colossal misjudgment.
BofA investors have suffered for it, watching the bankâs stock fall almost 80 percent the past 12 months. Taxpayers are about to share in their woe.
Now Lewis needs to pay a price himself.
(David Reilly is a Bloomberg News columnist. The opinions expressed are his own.)
To contact the writer of this column: David Reilly at
dreilly14@bloomberg.net
Last Updated: January 16, 2009 00:01 EST