Securities Law Prof Blog

Editor: Eric C. Chaffee
Univ. of Toledo College of Law

Tuesday, January 27, 2009

Cuomo Issues Subpoenas to Thain on Merrill Lynch Bonuses

STATEMENT FROM ATTORNEY GENERAL ANDREW CUOMO REGARDING NEW DEVELOPMENTS IN INVESTIGATION OF MERRILL LYNCH BONUSES AND BANK OF AMERICA:

"Today, as part of our ongoing inquiry into executive compensation issues at institutions who have received TARP funds, my Office issued subpoenas seeking the testimony of former Merrill Lynch CEO John Thain, as well as the testimony of Bank of America Chief Administrative Officer J. Steele Alphin.  These subpoenas are part of an ongoing inquiry into billions of dollars in bonuses paid by Merrill Lynch late last year just days before Merrill was taken over by Bank of America.  The fact that Merrill Lynch appears to have moved up the timetable to pay bonuses before its merger with Bank of America is troubling to say the least and warrants further investigation.   

With that in mind, I am also pleased to announce that our ongoing inquiry into executive compensation practices at TARP funded institutions, including this matter, will be conducted cooperatively and in coordination with the TARP Special Inspector General Neil Barofsky.  Our offices have already begun working together and I look forward to a continuing and productive working relationship with the Special Inspector General.  Our cooperative efforts set a perfect example for how federal and state authorities should be working together on behalf of taxpayers. "

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