Bank of America Merrill Lynch BAML Financial Missteps and Settlements

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Bank of America Merrill Lynch, or BAML, has faced several financial missteps and settlements over the years. One notable example is the $9.5 billion settlement in 2014 for selling toxic mortgage-backed securities.

BAML has also been involved in several other high-profile settlements, including a $2.43 billion settlement in 2012 for selling mortgage-backed securities to investors. The bank has paid billions of dollars in fines and penalties for its role in the 2008 financial crisis.

The bank's financial missteps have had significant consequences, including a decline in its stock price and a loss of public trust. In 2012, BAML's stock price fell by 10% after the bank announced a $2.43 billion settlement with investors.

BAML has taken steps to improve its financial practices and increase transparency, but the bank still faces criticism for its role in the financial crisis and its handling of certain financial products.

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History of BAML

Bank of America Merrill Lynch, or BAML, has a fascinating history. The company completed the acquisition of Merrill Lynch & Co on January 1, 2009.

Credit: youtube.com, How Bank of America Came to Own Merrill Lynch

In 2009, Bank of America began rebranding its corporate and investment banking activities under the Bank of America Merrill Lynch name, starting in September.

In April 2011, BAML integrated its corporate and investment banking operations into a single division, a move that streamlined its services.

BAML made a significant achievement in 2013, being recognized as the Most Innovative Investment Bank of the Year in The Banker's Investment Banking Awards in October.

In 2019, Bank of America announced a rebrand of its investment banking division to "BofA Securities" in February.

Merrill Lynch Acquisition

Merrill Lynch was sold to Bank of America for $38.25 billion in stock, which is equivalent to about $53.2 billion in 2023.

The sale was a result of significant losses attributed to the drop in value of Merrill Lynch's large and unhedged mortgage portfolio in the form of collateralized debt obligations.

Trading partners lost confidence in Merrill Lynch's solvency, leading to severe liquidity pressures, and Bank of America stepped in to purchase the company.

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The sale price of $29 per share represented a 70.1% premium over the September 12 closing price and a 38% premium over Merrill's book value of $21 a share.

However, this price was a discount of 61% from its September 2007 price.

The merger was transacted under pressure from federal officials, who said they would otherwise seek the replacement of Bank of America's management as a condition of any government assistance.

Merrill Lynch received billions of dollars from its insurance arrangements with AIG, including $6.8 billion from funds provided by the United States government to bail out AIG.

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Controversies and Settlements

Merrill Lynch has faced numerous controversies and settlements over the years. In 2002, the company agreed to pay out $100 million for publishing misleading research.

The firm also faced allegations of improper market timing activities in 2005, resulting in a $10 million civil penalty. This was due to three financial advisors placing 12,457 trades for a client, causing short-term profits to be siphoned out of mutual funds and harming long-term investors.

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Credit: youtube.com, Settlement Talks With BofA - Bloomberg

Merrill Lynch has been criticized for its treatment of employees, particularly those from diverse backgrounds. In 2007, the company was sued by the EEOC for allegedly discriminating against an Iranian employee due to his nationality and Islamic religion.

The firm was also ordered to pay $1.6 million to a former Iranian employee who was fired due to his Persian ethnicity. Additionally, Merrill Lynch was criticized for its handling of a lawsuit filed by a gay employee who was subjected to harassment.

In 2013, the company agreed to pay $160 million to settle a class action racism lawsuit brought by a longtime U.S. employee. This lawsuit highlighted the firm's failure to increase its proportion of black brokers, as required by a 30-year-old consent decree.

CDO Losses

Merrill Lynch's rise to CDO market leader began in 2003 with Christopher Ricciardi's team from Credit Suisse First Boston.

Between 2006 and 2007, Merrill was the lead underwriter on 136 CDOs worth $93 billion.

Credit: youtube.com, CDO (Collateralized Debt Obligation) that caused the global financial crisis

The value of these CDOs was collapsing by the end of 2007, but Merrill held onto portions of them, creating billions of dollars in losses for the company.

Merrill sold a group of CDOs worth $30.6 billion to Lone Star Funds for $1.7 billion in cash and a $5.1 billion loan in mid-2008.

MBIA sued Merrill Lynch for fraud and five other violations in April 2009, related to credit default swap contracts on four of Merrill's mortgage-based CDOs.

The SEC's fraud charges against Goldman Sachs and its Abacaus CDOs were similar to Rabobank's case against Merrill over a CDO named Norma.

Rabobank alleged that Merrill didn't inform it that hedge fund Magnetar Capital had chosen assets for Norma and bet against them.

Merrill disputed Rabobank's claims, with a spokesman saying the two matters were unrelated and the claims were unfounded.

Analyst Research Settlement

Merrill Lynch agreed to pay out $100 million in 2002 for publishing misleading research.

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This settlement was a result of an agreement with the New York attorney general and other state securities regulators, who pushed for increased research disclosure and a separation of research from investment banking.

The settlement amount would be equivalent to around $162 million in today's dollars, highlighting the significant financial implications of such actions.

Merrill Lynch's agreement marked a significant step towards improving research practices and transparency in the financial industry.

Discrimination Charges

Merrill Lynch faced a lawsuit from the EEOC in 2007, alleging the company discriminated against Dr. Majid Borumand due to his Iranian nationality and Islamic religion.

The EEOC lawsuit claimed the company's actions were intentional and committed with malice. A National Association of Securities Dealers arbitration panel later ordered Merrill Lynch to pay $1.6 million to a former Iranian employee, Fariborz Zojaji, who was fired due to his Persian ethnicity.

Merrill Lynch was criticized by the National Iranian American Council and the American-Arab Anti-Discrimination Committee for its treatment of Iranian employees. The company was also criticized for its handling of a case involving a gay employee, Darren Kwiatkowski, who was called a derogatory slur by another employee.

In 2013, Merrill Lynch agreed to pay $160 million to settle a class action lawsuit brought by a longtime employee alleging racism. The company had failed to meet its 30-year-old consent decree to increase its proportion of black brokers to 6.5%.

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Market Timing Settlement

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In March 2005, Merrill Lynch paid a $10 million civil penalty to settle allegations of improper activities at its Fort Lee, New Jersey office.

The firm's financial advisors placed 12,457 trades for Millennium Partners, a client, in at least 521 mutual funds and 63 mutual fund sub-accounts of at least 40 variable annuities.

Millennium made profits in over half of the funds and fund sub-accounts, with total gains of about $60 million in those funds where it made profits.

Merrill Lynch failed to reasonably supervise these financial advisers, whose market timing siphoned short-term profits out of mutual funds and harmed long-term investors.

The $10 million penalty, equivalent to about $15 million in 2023, was a significant amount for the firm at the time.

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Deceptive Trading Venue Information

Deceptive Trading Venue Information can have serious consequences for investors. In 2008, Merrill Lynch started misleading customers about trading venues. They admitted wrongdoing and agreed to pay a $42 million penalty in 2018. This shows that deception in the financial industry can lead to significant fines.

Bank of America Merrill Lynch

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Bank of America Merrill Lynch is a premier trading platform that delivers superior results for its clients. With its extensive experience and geographic coverage, the company is an industry leader in helping municipal and conduit issuers raise debt capital.

Bank of America Merrill Lynch offers specialized tax-advantaged services to institutional investor clients, including banks, mutual funds, insurance companies, corporations, hedge funds, and more.

The company's wealth management services, formerly known as Merrill Lynch, continued to operate independently after the merger with Bank of America. This allowed clients to maintain their existing relationships and services.

Bank of America Merrill Lynch's investment bank was integrated into the newly formed BofA Securities after the merger, creating a more comprehensive financial services platform.

BofA Mercury is a tool offered by Bank of America Merrill Lynch that provides insights and tools to help clients optimize their trading strategies.

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Market and Regulatory

Bank of America Merrill Lynch achieved the second-highest revenues of any investment bank worldwide in 2010, with a global market share of 6.8 per cent.

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The bank's strong performance in 2010 was driven by its success in leveraged loans and asset-backed securities, where it achieved the highest revenues of any investment bank worldwide.

In 2011, Bank of America Merrill Lynch maintained its position as the second-highest revenue-generating investment bank globally, with a market share of 7.4 per cent.

Market Share

Bank of America Merrill Lynch held a significant market share in the investment banking industry. In 2010, they achieved a global market share of 6.8 per cent, making them the second-highest revenue-generating investment bank worldwide.

Their performance in leveraged loans and asset-backed securities was particularly notable, as they secured the highest revenues in both categories that year. This achievement highlights their expertise in these areas.

In 2011, they maintained their strong market position, with a global market share of 7.4 per cent, narrowly trailing J.P. Morgan & Co. This consistent performance demonstrates their ability to adapt and thrive in a competitive industry.

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Regulatory Actions

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Regulatory Actions were taken against Merrill Lynch in 2005, resulting in a $10 million civil penalty for their failure to reasonably supervise financial advisors.

This penalty was related to market timing activities that siphoned short-term profits out of mutual funds, harming long-term investors.

Merrill Lynch's Fort Lee, New Jersey office was at the center of the scandal, with three financial advisors and a fourth involved to a lesser degree making trades for Millennium Partners in 521 mutual funds and 63 mutual fund sub-accounts of 40 variable annuities.

These trades resulted in profits of about $60 million for Millennium in the funds where they made gains.

Merrill Lynch (BofA Securities)

Merrill Lynch (BofA Securities) is a leader in the industry, helping municipal and conduit issuers raise debt capital. They have a premier trading platform and extensive geographic coverage.

Their experience and expertise allow them to deliver superior results for their clients. They offer specialized tax-advantaged services to institutional investor clients such as banks, mutual funds, insurance companies, corporations, hedge funds, and more.

Frequently Asked Questions

What is a Merrill Lynch money account?

A Merrill Lynch money account is a financial management tool that helps you manage daily finances and long-term investments in one place. It's designed to work with other investing and banking solutions to help you achieve your financial goals.

Is Bank of America getting rid of Merrill Lynch?

No, Bank of America is not getting rid of Merrill Lynch, but rather rebranding its private banking and investment services under the Merrill name. The company is simplifying its brand structure, with Merrill Lynch Private Banking & Investment Group becoming Merrill Private Wealth Management.

Victoria Funk

Junior Writer

Victoria Funk is a talented writer with a keen eye for investigative journalism. With a passion for uncovering the truth, she has made a name for herself in the industry by tackling complex and often overlooked topics. Her in-depth articles on "Banking Scandals" have sparked important conversations and shed light on the need for greater financial transparency.

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