Monday, September 14, 2009
What does not comport
Let's give a big round of applause to Federal District Court Judge Jed S. Rakoff:
"If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be." Thomas Jefferson
A Federal District judge on Monday overturned a settlement between the Bank of America and the Securities and Exchange Commission over bonuses paid to Merrill Lynch executives just before the bank took over Merrill last year.What does the Judge have to do? Draw a cartoon caricature of a Wall Street banker with a horse dong about to rape a midget with the word "shareholder" tattooed above the ass, while a lascivious Uncle Sam peeks at the scene through the keyhole? Because that's the situation, folks.
The judge said that Bank of America “materially lied” in shareholder communications about the bonuses.
The $33 million settlement “does not comport with the most elementary notions of justice and morality,” wrote Jed S. Rakoff, the judge assigned to the case in federal court in Lower Manhattan.
The ruling directed both the agency and the bank to prepare for a possible trial that would begin no later than Feb. 1.
The case involved $3.6 billion in bonuses that were paid by Merrill Lynch late last year, just as that firm was about to be merged with Bank of America. Neither company provided details of the bonuses to their shareholders, who voted on Dec. 5 to approve the merger.
The judge focused much of his criticism on the fact that the fine in the case would be paid by the bank’s shareholders, who were the ones that were supposed to have been injured by the lack of disclosure.
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