The AIG-Bank of America lawsuit over mortgage backed securities fills me with the least rooting interest of any possible lawsuit. For me it’s like watching Notre Dame play Ohio State. I don’t really care who wins. But that AIG lawsuit was critical to the larger mortgage mess. For the first time, an investor in mortgage backed securities sought a repurchase fee far higher than what other investors had sought. On a face value of $35 billion, AIG wanted $10 billion. This made the $8.5 billion BofA settlement with all their Countrywide MBS investors look ridiculous, and the same for the “global settlement” with state Attorneys General, over all banks, with a rumored price tag of $20-$25 billion. AIG’s suit showed the serious liabilities the banks had with their improper securitizations, and as a result BofA’s shares dipped about 20%. This was the main cause.
It turns out that BofA knew about the AIG lawsuit since January.
Top Bank of America Corp lawyers knew as early as January that American International Group Inc was prepared to sue the bank for more than $10 billion, seven months before the lawsuit was filed, according to sources familiar with the matter [...]
The bank made no mention of the lawsuit threat in a quarterly regulatory filing with the U.S. Securities and Exchange Commission just four days earlier. Nor did management discuss it on conference calls about quarterly results and other pending legal claims.
The SEC’s rules for litigation disclosure are murky, and some lawyers said Bank of America may have been justified in not revealing AIG’s lawsuit before it was filed. The bank’s litigation disclosures are in line with those of many rivals.
But other lawyers said banks have an obligation to disclose legal threats that could have major consequences.
“Publicly owned companies are supposed to disclose material threatened litigation under generally accepted accounting principles,” said Richard Rowe, a former director of the SEC’s Division of Corporation Finance, who was commenting generally and not specifically about Bank of America.
Every quarterly earnings statement and public comment from banks in the post-bubble period contains some discussion of a reserve fund for mortgage losses and liabilities. They always attach a dollar amount to it. If BofA knew about an AIG lawsuit seven months ago that would reshape the extent of their mortgage liabilities, and chose not to reveal that information, that’s a serious error. Is it criminal? Hard to say. The SEC has requested more disclosure on these matters. But if I were a BofA shareholder, I’d be mighty unhappy today.
The bigger issue this highlights is the massive credibility gap the banks have on their mortgage liabilities. The sums they throw out to cover repurchases are ridiculously low. AIG exposed this with their lawsuit. How many other banks know about pending litigation and aren’t revealing it?
The lack of disclosure is a symptom of the general head-in-the-sand attitude from the banks toward their mortgage problems. This has been the case since the bubble popped.




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Is it a head in the sand or the Banksters knowing they’ll just have to pay out more bucks to Obama LLC and Congress Inc. to reduce exposure; just as the Administration is already doing against the NY AG. Deductible as an expense, don’t you know?
Now US Bancorp is also suing B of A, adding to its woes. OK, well and good, but did they (and AIG) not know this stuff was crap when they bought it? Just sayin’
The bank made no mention of the lawsuit threat in a quarterly regulatory filing with the U.S. Securities and Exchange Commission just four days earlier. Nor did management discuss it on conference calls about quarterly results and other pending legal claims.
Don’t CEO’s have to certify that there numbers are accurate? I don’t know if knowledge of this lawsuit is something that is included in what CEO’s have to certify.
Memo to W. Buffet: caveat emptor.
If AIG sues many other financial players will also sue for more money they have to their shareholders will force them. This deal to protect the banks seems designed to stop this. Also BOA is not the only bank likely to get sued.
The Bush/Obama bank bailout will unravel if BOA gets sued because investors will pull their money from all bank stocks. FDL has long argued the Bank bailout had funny numbers chalk this up in the I told you so file.
Maybe SEC will declare it a “matter under investigation” so they can deep six the evidence after a week and a half on noninvestigation.
Warren is betting BOA will either get a deal or be bailout even if Obama has to give up any dream of being reelected.
This seems like a safe bet given Obama’s past record.
However an American settlement on Fraud does not stop foreign investors from suing over bank fraud I fear Obama must stop Americans from suing over fraud and set up a tax payer paid for fund to settle foreign claims of fraud.
In other words Warren makes a fortune and we pay for it.
I am sure the Tea Baggers will stay silent about this and Obama will let them slide on supporting this.
Harry and Nancy will have to find Blue Dog votes to pass this with minimum GOP help.
The only small silver lining is that the blue Dogs will all lose their seats in november.
Hahahahaa! Good one!
David the reporting requirements don’t require disclosure of a name. If it is only “reasonably posssible” that they will suffer a loss, they don’t have to accrue anything. Unfortunately the law is on their side. You can thank Barney Frank for the lax accounting rules on this.
Paragraph 10 of SFAS No. 5) requires disclosure of losscontingencies if: 15
• A losscontingency is probable, but it is not accrued because it cannot be reasonably estimated.
• A losscontingency is reasonably possible, in which case it would not be accrued because it is not probable.
• A losscontingency is probable and is accrued, but an exposure to loss exists in excess of the amount accrued.
708.23 In those situations, the disclosure must indicate the nature of the contingency and must include:
• An estimate of the possible loss or range of loss, or
• A statement that such an estimate cannot be made.
You know you can also invest in BoA just like Buffett. If you would have invested like he did in 2009 you would have made out well. However, I dont see another bail out coming so I wouldnt recommend following Buffett this time. Although he does have a good track record.
Thanks Dday! Great catch. Death knell for BAC? Or do we assume Buffett knew about the AIG liability in advance of his five billion buy-in?
If Buffett knew and ponied up billions anyway, don’t we assume that Buffett knows that BAC will be bailed out sufficiently to cover all such additional liabilities? I can’t stand how preznit is such a tool of the oligarchs, but he is most definitely their tool so Buffett probably has a safe bet that preznit will continue to be their tool and will protect the oligarchs (including Buffett) from their moral hazard. Since regulating the banks would be “job-killing over-regulation,” right?
OTOH, Buffett probably did not know about the FDIC’s plan to object to the BAC settlement with BNYM over the crap RMBS securitization.
Misinforming investors is stock in trade for the Banksters. The public will not stand another bailout from BO PLenty.
One must assume that Buffet had assurances of a bailout from Obama et al. before he dumped money into Bank of America.
The “angel investor” in this case really is the middle class, as usual.
Making a genuine profit is hard, it’s much easier to steal from the treasury.
Right! Like the public stood behind the first Bank bailout…
Oh, wait…