BofA defends Merrill bonus settlement

CHARLOTTE, N.C. — Bank of America Corp. on Monday defended the fairness of a proposed $33 million settlement it struck with federal regulators over executive bonuses paid out by Merrill Lynch, according to a federal court filing.

The Charlotte, N.C.-based bank, which has been under intense scrutiny for the $3.6 billion in bonus payments made to Merrill Lynch executives earlier this year, maintained that the penalty it struck with the U.S. Securities and Exchange Commission this month represented a “constructive conclusion” to the situation.

Bank of America, without admitting or denying the allegations, agreed earlier this month to pay a $33 million fine to settle charges that it misled investors about Merrill Lynch’s plans to pay bonuses to executives even as it prepared to report billions in losses. Those losses affected Bank of America’s bottom line after its takeover of the troubled investment bank was completed.

However, two weeks ago U.S. District Judge Jed Rakoff in New York said he needed more information before he can decide whether to approve the $33 million settlement.

Regulators have claimed that Bank of America had said in its proxy statement that it would not pay out bonuses to Merrill employees in fiscal year 2008, when, in fact, the bank authorized bonus payments of as much as $5.8 billion.

In Monday’s filing, Bank of America suggested that investors should have already known about the bonuses given the media attention surrounding the merger after it was first announced last September.

“There was no false or misleading statement or omission” in a proxy statement for voting shareholders, the bank said in the court filing. In addition, the bank pointed out that Merrill disclosed the size of its bonus pool when it reported financial results earlier that year.

The acquisition and bonus payments have caused Bank of America internal issues and angered some shareholders. Bank of America’s CEO Ken Lewis’ management ability has been questioned and shareholders stripped Lewis of his chairman’s title in April.

Bank of America spokesman Scott Silvestri declined provide additional comment on Monday’s filing.