Judge Rakoff of the Southern District of New York is our person of the week.Why?Because he wouldn’t rubber stamp a deal between the SEC and Bank of America, which allowed BofA to sweep under the rug its use of taxpayer money (from “Uncle Sam”) to pay $3.6 billion in bonuses to Merrill employees.
Merrill had lost $27 billion!Are bonuses deserved on losses of that magnitude?Should that be the norm? Can the whole thing be swept under the rug for a mere $33 million dollar fine?
“No” said our person of the week, Judge Jed Rakoff.
After some harsh questioning and just plain common sense – the Judge called the proposed fine “strangely askew” (to the $3.6 billion dollars in bonuses) and sent the parties packing; giving them 2 weeks to rethink and attempt to support the settlement.
Let’s be clear.I have no issue with ample bonuses and huge salaries.I’d take one.
But they should be a reward for:
Creating shareholder value
Extraordinary service
Taking risks on new technologies
Creating new jobs.
- They should not be paid by taxpayers.- They should not be paid for generating losses in a public company and - they should not be made for churning trades and providing no value to folks on “Main Street”.
In an effort to defend the $3.6 billion in bonuses, BofA’s attorney Lewis Liman (our imbecile of the week); argued it only amounted to on average: bonuses of $91,000.
Mr. Liman, what planet are you living on?How many
teachers
nurses
firefighters
legal aid attorneys
operators of homeless shelters; and
community organizers
even earn $91,000.Jed Rakoff stood up for “Main Street” this week and for that reason he is our “Person of the week”.
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Steven N. Berk has over twenty years of litigation experience spanning both the private and public sectors. His practice ranges from representing Fortune 500 Companies, to consumers. Steven is based in Washington, D.C. and founded Berk Law in May 2009....More...