Posts Tagged ‘Ken Lewis’

Full Suit By Andrew Cuomo Against Ken Lewis And Joe Price

Full Suit By Andrew Cuomo Against Ken Lewis And Joe Price

andrew cuomo - from the business insiderCourtesy of Zero Hedge

Highlights from the suit:

By early December 2008, Bank of America’s top management, including its CEO Ken Lewis and CFO Joseph Price, had two choices: they could tell the Bank’s shareholders about the huge material losses at Merrill since the merger proxy was filed, or they could hide them. Bank management chose to hide the information. In particular, Bank management failed to disclose that by December 5, 2008, the day Bank of America shareholders voted to approve the merger with Merrill Lynch, Merrill had incurred actual pretax losses of more than $16 billion. Bank management also knew at this time that additional losses were forthcoming and that Merrill had become a shadow of the company Bank of America had described in its Proxy Statement and other public statements advocating the merger. The Bank’s management thus left the Bank’s shareholders in the dark about fundamental changes at Merrill that were obviously important to their voting decision. These disclosure failures violated New York’s Martin Act.

Having obtained shareholder approval for the deal, Lewis then misled federal regulators by telling them that because 50% of Merrill’s tangible equity had disappeared, the Bank could not complete the merger without an extraordinary taxpayer bailout. Lewis went onto say how the Bank needed to “fill the hole” left by the unprecedented losses, which contradicted his public statements to the effect that the Bank would not need additional capital. Remarkably, between the time that the shareholders had approved the deal and the time that Lewis sought a taxpayer bailout, Merrill’s actual losses had only increased another $1.4 billion. The Bank’s management has not and cannot explain why they did not disclose to the Bank’s shareholders losses so great that, absent a historic taxpayer bailout, they threatened the Bank’s very existence.

On November 13, when Price knew of at least approximately $5 billion in after tax losses, Bank of America’s General Counsel, Timothy Mayopoulos, and lawyers from its outside law firm, Wachtell, Lipton, Rosen & Katz, determined the Bank should disclose the losses. The lawyers discussed the date of the disclosure, the manner of the disclosure, who would draft the disclosure, and that Price would approach Merrill CEO John Thain about the disclosure. Shortly thereafter, however, the decision was reversed, Wachtell’s role was marginalized, and the Bank made its


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Senator Bob Corker Needs to Be Updated on His Bank Failure History

Senator Bob Corker Needs to Be Updated on His Bank Failure History

Courtesy of Reggie Middleton

Senator Corker challenged Mr. Volcker’s stance in today’s congressional hearings on the Volcker Rule by saying that no financial holding company that had a commercial bank failed while performing proprietary trading. It appears as if Mr. Corker may have received his information from the banking lobby, and did not do his own homework.

Let’s reference the largest commercial bank/thrift failure of all:

From …
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Property Rights Take a Hit

For a free subscription to Phil’s Stock World, click here (it’s easy, no credit card required). 

In this article, Peter Schiff discusses the practical problems with a government’s abrogation of contract and property rights for some "contrived greater good." That is deeply disturbing enough but it goes further. Our Constitution gave specific powers to different branches of government to hold the powers of government in check. The loss of these checks and balances goes beyond the financial world "twilight zone" horrors unfolding before us now, it undermines the entire structure of our governance. – Ilene

Property Rights Take a Hit

By Peter Schiff, writing at LewRockwell.com

“Crony capitalism” is a term often applied to foreign nations where government interference circumvents market forces. The practice is widely associated with tin-pot dictators and second-rate economies. In such a system, support for the ruling regime is the best and only path to economic success. Who you know supersedes what you know, and favoritism trumps the rule of law. Unfortunately, this week’s events demonstrate that the phrase now more aptly describes our own country.

On Monday, the Supreme Court refused to hear an appeal from Chrysler’s secured creditors based on the government’s argument that the needs of other stakeholders outweighed those of a few creditors. In this case, the Administration concluded the interests of the United Auto Workers outweighed the interests of the Indiana teachers and firemen whose pension fund sued to block the restructuring. Given the enormous financial support that the UAW poured into the Obama campaign, such partiality is hardly surprising.

When making their investment in Chrysler just a few months ago, the Indiana pension fund agreed to commit capital because of the specific assurances received from the company. In allowing this sham bankruptcy to be crammed through the courts, we have shredded the vital principal of the rule of law, and have become a nation of men, rather than one of laws.

The risk that legal contracts can now be arbitrarily set aside will make investors think twice before committing capital to distressed corporations. Oftentimes enforcing contracts imposes hardships. That’s precisely why we have contracts.

Without absolute faith that deals will be honored, it will be extremely difficult for U.S. companies to borrow money. This will be particularly true for those companies already struggling with too much debt. Without the ability to issue secured debt,
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Zero Hedge

US Industrial Production Hits New Record High In April

Courtesy of ZeroHedge View original post here.

US Industrial production was expected to rise for the 4th straight month in April and it did, jumping significantly more than expected (+1.1% MoM vs +0.5% MoM). That is the biggest monthly jump since October...

Source: Bloomberg

US Industrial production overall has reached a new record high

Source: Bloomberg

Manufacturing also surprised to the upside with a 0.8% MoM ...



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Phil's Favorites

Stablecoin volatility shows an urgent need for regulation to protect consumers

 

Stablecoin volatility shows an urgent need for regulation to protect consumers

Shutterstock/David Sandron

Courtesy of Matthew Shillito, University of Liverpool

Some cryptocurrencies have always been fairly volatile, with values soaring or plunging within a short space of time. So for the more cautious investor, “stablecoins” were considered the sensible place to go. As the name implies, they are designed to be a steadier and safer bet.

At the moment though, that stability is proving hard to find. The value of o...



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Digital Currencies

Stablecoin volatility shows an urgent need for regulation to protect consumers

 

Stablecoin volatility shows an urgent need for regulation to protect consumers

Shutterstock/David Sandron

Courtesy of Matthew Shillito, University of Liverpool

Some cryptocurrencies have always been fairly volatile, with values soaring or plunging within a short space of time. So for the more cautious investor, “stablecoins” were considered the sensible place to go. As the name implies, they are designed to be a steadier and safer bet.

At the moment though, that stability is proving hard to find. The value of o...



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ValueWalk

Dodge Construction Network Presents The 2022 OUTLOOK Mid-Year Forecast At Its Construction OUTLOOK Conference

By Anna Peel. Originally published at ValueWalk.

Four regional keynote sessions to update the initial 2022 forecast, and how construction continues to evolve post-COVID

HAMILTON, NJ — May X, 2022 — Dodge Construction Network today announced it will conduct its Construction Industry OUTLOOK Mid-Year Update. The webinar will be segmented by region — west, northeast, midwest and south.

Q1 2022 hedge fund letters, conferences and more

...

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Chart School

Powell doing a Volker to crush inflation, yeah right!

Courtesy of Read the Ticker

In 1979, Volker was equal to Goliath as he had a good chance of crushing inflation, today the debt Goliath is massive.

In the video below David Rosenberg explains the FED is on a 'Volker' mission to crush inflation no matter what happens to risk on assets like stocks.

David Rosenberg thinking is challenged when ask about the current US debt levels, as Paul Volker did say that he could not have crushed inflation with the debt levels of today.  David Rosenberg simply says the FED is going to hike no matter what, until something very serious breaks.

The question remains will something break in the markets after 1%, 1.5% or 2% hikes. No one knows. But as the US debt to GDP% is over 120% this suggests s...



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Kimble Charting Solutions

Microstrategy Stock Crash Gets Crypto Bulls Attention, Key Support Test In Play!

Courtesy of Chris Kimble

Microstrategy is a tech company selling its enterprise software solutions and analytics (platform)… but it is better known for something else…

It’s CEO Michael Saylor is a bitcoin whale. And he has been investing significant amounts of the companies reserves in Bitcoin. He even secured a term loan using bitcoin as collateral.

So Microstrategy is a bitcoin play as much as anything else. Well, bitcoin and the cryptocurrency space has been hit hard of late, with Bitcoin falling under $30K and other crypto coins tanking.

This is also illustrated through today’s “monthly” chart of ...



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Biotech/COVID-19

China's COVID crisis and the dilemma facing its leaders, by experts who have monitored it since the Wuhan outbreak

 

China’s COVID crisis and the dilemma facing its leaders, by experts who have monitored it since the Wuhan outbreak

A Shanghai refuse worker shows the strain of the month-long COVID lockdown. Shutterstock

Courtesy of Jane Duckett, University of Glasgow; Meixuan Chen, University of Glasgow, and William Wang, ...



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Politics

5 justices, all confirmed by senators representing a minority of voters, appear willing to overturn Roe v. Wade

 

5 justices, all confirmed by senators representing a minority of voters, appear willing to overturn Roe v. Wade

An unscalable fence around the U.S. Supreme Court, on May 7, 2022, set up in response to protests against the possible overruling of Roe v. Wade. Jose Luis Magana / AFP/Getty Images

Courtesy of Kevin J. McMahon, Trinity College

If the leaked Supreme Court decision on abortion is to be believed, five justices have ...



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Promotions

Phil's Interview on Options Trading with TD Bank

TD Bank's host Bryan Rogers interviewed Phil on June 10 as part of TD's Options Education Month. If you missed the program, be sure to watch the video below. It should be required viewing for anyone trading or thinking about trading using options. 

Watch here:

TD's webinar with Phil (link) or right here at PSW

Screenshots of TD's slides illustrating Phil's examples:

 

 

&n...



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Mapping The Market

Suez Canal: Critical Waterway Comes to a Halt

 

Suez Canal: Critical Waterway Comes to a Halt

Courtesy of Marcus Lu, Visual Capitalist

The Suez Canal: A Critical Waterway Comes to a Halt

On March 23, 2021, a massive ship named Ever Given became lodged in the Suez Canal, completely blocking traffic in both directions. According to the Suez Canal Authority, the 1,312 foot long (400 m) container ship ran aground during a sandstorm that caused low visibility, impacting the ship’s navigation. The vessel is owned by Taiwanese shipping firm, Evergreen Marine.

With over 2...



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The Technical Traders

Adaptive Fibonacci Price Modeling System Suggests Market Peak May Be Near

Courtesy of Technical Traders

Our Adaptive Fibonacci Price Modeling system is suggesting a moderate price peak may be already setting up in the NASDAQ while the Dow Jones, S&P500, and Transportation Index continue to rally beyond the projected Fibonacci Price Expansion Levels.  This indicates that capital may be shifting away from the already lofty Technology sector and into Basic Materials, Financials, Energy, Consumer Staples, Utilities, as well as other sectors.

This type of a structural market shift indicates a move away from speculation and towards Blue Chip returns. It suggests traders and investors are expecting the US consumer to come back strong (or at least hold up the market at...



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Lee's Free Thinking

Texas, Florida, Arizona, Georgia - The Branch COVIDIANS Are Still Burning Down the House

 

Texas, Florida, Arizona, Georgia – The Branch COVIDIANS Are Still Burning Down the House

Courtesy of Lee Adler, WallStreetExaminer 

The numbers of new cases in some of the hardest hit COVID19 states have started to plateau, or even decline, over the past few days. A few pundits have noted it and concluded that it was a hopeful sign. 

Is it real or is something else going on? Like a restriction in the numbers of tests, or simply the inability to test enough, or are some people simply giving up on getting tested? Because as we all know from our dear leader, the less testing, the less...



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Insider Scoop

Economic Data Scheduled For Friday

Courtesy of Benzinga

  • Data on nonfarm payrolls and unemployment rate for March will be released at 8:30 a.m. ET.
  • US Services Purchasing Managers' Index for March is scheduled for release at 9:45 a.m. ET.
  • The ISM's non-manufacturing index for March will be released at 10:00 a.m. ET.
  • The Baker Hughes North American rig count report for the latest week is scheduled for release at 1:00 p.m. ET.
...

http://www.insidercow.com/ more from Insider





About Phil:

Philip R. Davis is a founder Phil's Stock World, a stock and options trading site that teaches the art of options trading to newcomers and devises advanced strategies for expert traders...

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About Ilene:

Ilene is editor and affiliate program coordinator for PSW. Contact Ilene to learn about our affiliate and content sharing programs.