Word: cuomo
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...Andrew Cuomo [X] (potential...
...year. Lewis, 62, said it was his decision to leave, but no one could miss the huge legal dustup swirling around him over the bank's deal late last year to buy Merrill Lynch. The Securities and Exchange Commission (SEC) and New York attorney general Andrew Cuomo have been investigating whether Lewis misled shareholders to gain approval of that acquisition. He could soon face charges in those probes. (See the top 10 crooked CEOs...
...September, Judge Jed Rakoff said he would not accept a settlement that did not name specific executives. New York attorney general Cuomo is reportedly considering pursing his own charges against Lewis and other Bank of America executives on issues surrounding the Merrill acquisition. Pursuant to Rakoff's ruling, the SEC has gone ahead with its case against the bank in general but has yet to name individual executives in the suit. Cuomo recently subpoenaed a number of current and former Bank of America board members. He has not indicated whether he intends to bring charges...
...York's Cuomo does have the authority to bring criminal cases involving securities violations under the Martin Act, which gives the attorney general of New York the power to prosecute financial fraud. And it is not unheard of for executives to go to jail for lying on a proxy statement. In the 1970s, in a famous Wall Street fraud case, the chief executive of National Student Marketing was sentenced to 18 months in jail for lying about the finances of a company National Student Marketing was acquiring. Yet Cuomo has typically stuck to bringing civil charges against executives and companies...
...Cuomo will have a higher bar to clear if he's looking for wrongdoing outside the proxy statements. In general securities-fraud cases, it must be proven that executives of a company knew that a piece of information was material and created a scheme to make sure shareholders didn't find out about it. Certainly if Lewis or others were found guilty of that they would face stiff penalties. What's more, judges typically are more likely to ban, at least temporarily, executives of financial-services companies who are found in violation of securities-fraud laws because it is considered...