Skip to content
Monday 7 September 2026London --:--Frankfurt --:--Zurich --:--
NewslettersSearchEN · DE · FR
MorningWire

European business, markets and politics

FTSE 100
10,831.09
0.00%
DAX
26,046.40
+0.17%
CAC 40
8,278.77
0.00%
STOXX 50
6,392.93
+0.16%
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
More
GermanyFranceEU InstitutionsCompetitionPublic AffairsBankingTechnologyEnergy
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
  • DE
Thursday 07 August 2014 3:22 pm  |  Updated:  Friday 07 June 2019 2:13 am

There’s no justice in the US government’s record Bank of America settlement

By: Marc Sidwell

Add as a preferred source on Google

Surely anyone who hoped to see banks punished in the wake of the financial crisis should be ecstatic with the new settlement between Bank of America and the US Department of Justice? They’re not, though. The only person coming out on top in this settlement is the US government, which gets to pocket a big cheque and wave another bloody scalp, hard on the heels of a similar $7bn (£4.2bn) settlement with Citigroup in July, and a $13bn settlement with JP Morgan last year, over a claim that it misled investors in mortgage securities.

It certainly can’t be the scale of the settlement that fails to satisfy, since at about $17bn, it is eye-bulging: amounting to handing over Bank of America’s entire profits for the last three years. It is not just the biggest settlement yet in relation to the financial crisis, but the biggest ever corporate settlement with the federal government in US history.

Bank of America’s current chief executive Brian Moynihan has been working hard for almost five years to move the bank on and clean up its legal troubles. As such, he at least might be expected to consider it money well-spent to finally draw a line under this saga. But the lengthy negotiations that took place before agreement was reached hardly suggest this was the deal his bank was looking for either.

It’s easy to see why. The lion’s share of the cases in dispute weren’t committed by the bank at all, but by institutions it saved in the throes of the crisis: Merrill Lynch and Countrywide. Between 2004 and 2008, the three issued $965bn in mortgage-backed securities to private investors. Of that total, about $700bn was issued by Countrywide.

And at the time, government agencies encouraged Bank of America’s rescue act. In other words, this is largely a punishment for acts committed by other companies – that the bank was then leant on to acquire as a public service. It’s easy to understand its reluctance to pay top dollar.

But those who you might expect to cheer on the bank-bashing aren’t happy either. For one thing, this is a deal that favours government coffers. The $17bn is expected to consist of $9bn in cash and the rest in relief to distressed homeowners. The bank had wanted more than half of its payment to go to help this latter group directly.

Worse, to many, this settlement does not feel like justice. A backroom deal leaves no room for the public presentation of evidence or for wrongdoing to be proved in open court under due process. And, as the banks might ruefully add, the price of a quiet life is the loss of the chance to make a robust defence in public as well.

Instead, we have a bargain that looks far too much like a shakedown. The great tragedy of the crisis was the imposition of bailouts that effectively rewarded failure. Now the post-crisis punishments are failing to restore a sense of fairness on either side.

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • Opinion

Categories

  • Opinion

Trending Articles

  • Victoria Beckham owed £350,000 by Harvey Nichols

  • Iceland boss Richard Walker vows to set up shop on Falkland Islands

  • Britain ‘taxing itself to death,’ Burnham warned

  • £74m for branded condoms? UK must stop spaffing cash on foreign aid

  • Don’t underestimate the free trade agreement Britain just joined

More from Morning Wire

  • Trump’s tough stance on DEI costs Big Four giant Deloitte millions

    Big Four
    Deloitte building exterior at dusk with illuminated offices and company logo visible
  • Google to pay £260m to settle ‘unfair’ pricing class action lawsuit

    Lawsuit
    Googles modern Kings Cross headquarters showcasing innovative architecture in Londons dynamic tech district
  • Citi Unveils Custody+: A Suite of Near- and Real-time Custody Solutions to Meet Always-On Industry Demand

    Business Wire
  • IT consultant ordered to pay £50,000 after being accused of stealing Soho House members’ personal details

    Legal
    Soho House has continued to attract new members to its clubs.
  • Give London power to level up the rest of the country

    Opinion
    Business professionals in formal attire engaged in a lively discussion at a corporate meeting in a modern office setting.
  • Millions spent, reputations battered: Fraud watchdog, Dechert and ENRC legal war reaches an end

    Lawsuit
    Serious Fraud Office
  • Was Fifa able to sack senior exec Lamour without consequences? A lawyer explains

    Sport Business
    Getty Images news-related image depicting a significant event or person, suitable for general news and business contexts.
  • Citi Investor Services Wins US$380 Billion Middle Office Mandate from Aegon Asset Management

    Business Wire
MorningWire

Independent European business, markets and political news for decision-makers.

Morning Briefing

Europe

  • Germany
  • France
  • EU Institutions
  • Europe

Business

  • Markets
  • Business
  • Economy
  • Regulation
  • Competition
  • Public Affairs

Editorial

  • Opinion
  • Editorial Policy
  • Corrections
  • Contact

Company

  • About Morning Wire
  • Privacy Policy
  • Terms of Use
  • Cookie Policy
© 2026 Morning Wire Ltd · Published by Morning Wire Media, Bahnhofstrasse 65, 8001 Zürich, Switzerland
Privacy · Terms · Cookies · Facebook