Is Bank of America ethical?

The Committee and Select Subcommittee began this investigation into government-led financial surveillance after a whistleblower disclosed that following the events of January 6, 2021, Bank of America (BoA), voluntarily and without legal process, provided the Federal Bureau of Investigation (FBI) with a list of names of all individuals who used a BoA credit or debit card in the Washington, D.C. region around that time.3 In response to these allegations and corroborating testimony from FBI officials, the Committee and Select Subcommittee requested documents from BoA and six other national financial institutions about the provision of Americans’ private financial information to federal law enforcement without legal process.4 On March 6, 2024, the Committee and Select Subcommittee released an interim report revealing that federal law enforcement had used sweeping search terms like “MAGA” and “TRUMP” to target Americans and even treated purchases of religious texts or firearms as indicators of “extremism.”5 That report detailed how federal law enforcement derisively viewed American citizens—treating Americans who expressed opposition to firearm regulations, open borders, COVID-19 lockdowns, vaccine mandates, and the “deep state” as potential domestic terrorists.6

For years, Bank of America (BAC) financed billions of dollars in controversial transactions by using its government-backed U.S. banking unit to help hedge funds and other BofA clients avoid taxes, the Wall Street Journal reports.

2022-CFP B-0004 In the Matter of: CONSENT ORDER BANK OF AMERICA, N.A. The Consume r Financial Protection Bureau (Bureau) has reviewed the administration of unemployment insurance benefit prepaid debit cards by Bank of America, N.A. (Respondent, as defined below) and has identified the following law violations in connection with Respondent’s treatment of unemployment insurance benefit recipients who filed notices of error concerning alleged unauthorized electronic fund transfers (EFTs): (1) Respondent engaged in unfair acts or practices by determining no error had occurred and freezing cardholder accounts based solely on the results of Respondent’s automated Fraud Filter, in violation of Sections 1031 and 1036 of the Consumer Financial Protection Act of 2010 (CFPA), 12 U.S.C.

Also in 2022, the CFPB and OCC fined Bank of America $225 million and required it to pay hundreds of millions of dollars in redress to consumers for botched disbursement of state unemployment benefits at the height of the COVID-19 pandemic.

Also in 2022, the CFPB and OCC fined Bank of America $225 million and required it to pay hundreds of millions of dollars in redress to consumers for botched disbursement of state unemployment benefits at the height of the COVID-19 pandemic.

Recently, the CFPB took action against Bank of America for breaking federal laws that apply to financial products, including bank accounts and credit cards.

In May 2022, the CFPB ordered Bank of America to pay a $10 million civil penalty over unlawful garnishments and, later in 2022, the CFPB and OCC fined Bank of America $225 million and required it to pay hundreds of millions of dollars in redress to consumers for botched disbursement of state unemployment benefits at the height of the COVID-19 pandemic.

Bank of America’s practices violated the Act’s prohibition on unfair and deceptive acts or practices.

Federal Regulators Fine Bank of America $225 Million Over Botched Disbursement of State Unemployment Benefits at Height of Pandemic

Bank of America last April weathered – and countered – allegations from 15 Republican attorneys general that it "appears to be conditioning access to its services on customers having the bank's preferred religious or political views."

Trump accuses Bank of America of political de-banking

A Christian ministry claiming it was “debanked” by Bank of America filed a consumer complaint this week to Tennessee Attorney General Jonathan Skrmetti to determine whether their accounts were closed due to religious discrimination.

Attorney General Knudsen demands action from Bank of America to correct debanking practices – Montana Department of Justice

See generally February 4, 2010 SEC Litigation Release titled Bank of America Agrees to Pay $150 Million to Settle SEC Charges, attached hereto as Exhibit 34.

See generally February 4, 2010 Litigation Release titled Bank of America Agrees to Pay $150 Million to Settle SEC Charges, attached hereto as Exhibit 34.

Bank of America said the money it made from overdraft and non-sufficient fund fees has dropped more than 90% as a result of changes made in the first half of 2022. The bank was fined $20m in 2014 and ordered to pay more than $700m to customers for deceptive marketing and illegal charges related to its credit cards.

Bank of America said the money it made from overdraft and non-sufficient fund fees has dropped more than 90% as a result of changes made in the first half of 2022.

Bank of America said the money it made from overdraft and non-sufficient fund fees has dropped more than 90% as a result of changes made in the first half of 2022.

In 2014, the CFPB ordered Bank of America to pay $727 million in redress to its victims for illegal credit card practices.

Bank of America shelled out $727 million to the CFPB in 2014 for illegally deceiving roughly 1.4 million customers through deceptive marketing products.

District Court in Charlotte alleges that Bank of America defrauded investors, including federally insured financial institutions, who purchased more than $850 million in RMBS from Bank of America Mortgage Securities 2008-A (BOAMS 2008-A) securitization.

“Bank of America’s reckless and fraudulent origination and securitization practices in the lead-up to the financial crisis caused significant losses to investors,” U.S. Attorney Tompkins said.

Finally, Bank of America concealed important risks associated with the mortgages backing the BOAMS 2008-A securitization.

This announcement is part of the ongoing efforts of President Obama’s Financial Fraud Enforcement Task Force’s RMBS Working Group and is accompanied by an announcement by the Securities and Exchange Commission (SEC) that it has filed civil charges in federal court in Charlotte, N.C. against Bank of America for defrauding investors.

Bank Of America To Pay $16.65 Billion In Historic Justice Department Settlement For Financial Fraud Leading Up To And During The Financial Crisis

“Even reputable institutions like Bank of America caved to the pernicious forces of greed and cut corners, putting profits ahead of their customers.

Bank of America will pay a $5 billion civil penalty to settle the Justice Department claims under FIRREA.

Bank of America to Pay $16.65 Billion in Historic Justice Department Settlement for Financial Fraud Leading up to and During the Financial Crisis

“Even reputable institutions like Bank of America caved to the pernicious forces of greed and cut corners, putting profits ahead of their customers.

Bank of America will pay a $5 billion civil penalty to settle the Justice Department claims under FIRREA.

In August, federal prosecutors in North Carolina sued Bank of America, accusing it of understating the risks of the mortgages underpinning some $850 million in securities.

The terms of the resolution of those claims are reflected in separate documents, attached hereto as Exhibit B. I. Bank of America acknowledges the facts set out in the Statement of Facts set forth in Annex 1, attached hereto and hereby incorporated.

Bank of America and Merrill Lynch have reached an agreement in principle to resolve claims by the United States Securities and Exchange Commission (“SEC”).

LEXIS 188892 April 4, 2012, Decided April 4, 2012, Filed In March 2012, the United States and fo rty-nine states filed suit in the D.C. Court against n umerous financial institutions for "misconduct related to their origination and servicing of si ngle fam ily re sidential mortgages." (Complaint, United States v. Bank of America Corp., No. 12 -CV-361 (D.D.C.

Bank of America and Merrill Lynch have reached an agreement in principle to resolve claims by the United States Securities and Exchange Commission (“SEC”).

The terms of the resolution of those claims are reflected in separate documents, attached hereto as Exhibit B. I. Bank of America acknowledges the facts set out in the Statement of Facts set forth in Annex 1, attached hereto and hereby incorporated.

Based on these investigations, the United States believes that there are potential legal claims by the United States against Bank of America, Countrywide, Merrill Lynch and First Franklin for violations of federal law.

Defendant’s foregoing obligations for disgorgement, prejudgment interest, and a civil penalty shall be deemed satisfied in full by the payment of Bank of America Corp. to the United States Department of Justice in accordance with the terms of the agreement dated August 20, 2014 among Bank of America Corp., the United States Department of Justice, and certain States.

The Securities and Exchange Commission having filed a Complaint and Defendant Bank of America, N.A. having entered a general appearance; consented to the Court’s jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment; without admitting or denying the allegations of the Complaint (except as to jurisdiction); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment: I. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant and Defendant’s agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Final Judgment by personal service or otherwise are permanently restrained and enjoined from violating Section 17(a)(2) and (a)(3) of the Securities Act of 1933 (the “Securities Act”) [15 U.S.C.

: : : FINAL JUDGMENT AS TO BANK OF AMERICA, N.A. The Securities and Exchange Commission having filed a Complaint and Defendant Bank of America, N.A. having entered a general appearance; consented to the Court’s jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment; without admitting or denying the allegations of the Complaint (except as to jurisdiction); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment: I.

Defendant ’s foregoing obligations for disgorgement, prejudgment interest, and a civil penalty shall be deemed satisfied in full by the payment of Bank of America Corp. to the United States Department of Justice in accordance with the terms of the agreement dated August 20, 2014 among Bank of America Corp., the United States Department of Justice, and certain States.

The Securities and Exchange Commission having filed a Complaint and Defendant Bank of America, N.A. having entered a general appearance; consented to the Court’s jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment; without admitting or denying the allegations of the Complaint (except as to jurisdiction); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment: I.

On August 6, 2013, the SEC filed a complaint against Bank of America, N.A.

On August 6, 2013, the SEC filed a complaint against Bank of America, N.A. (“BANA”), Banc of America Mortgage Securities, Inc. (“BOAMS”), and Merrill Lynch, Pierce, Fenner & Smith, Inc. f/k/a Banc of America Securities LLC (“BAS”) (collectively, the “Bank of America Entities” or “Defendants”). The Commission alleged, that from at least November 2007 through at least January 2008, the Bank of America Entities made material misrepresentations and omissions in connection with the sale of residential mortgage-backed securities known as BOAMS 2008-A Trust (“BOAMS Trust”). The complaint also alleges that the Bank of America Entities failed to disclose known risks associated with the high concentration of wholesale loans in BOAMS Trust including higher likelihood that the loans would be subject to material underwriting errors, become severely delinquent, fail early in the life of the loan, or prepay. See Complaint.

Prosecutors have asked that Bank of America pay a fine of $848 million, although the judge presiding over the case, Jed S. Rakoff, will determine the penalty.

Bank of America agreed to settle the SEC's charges and pay a penalty of $33 million.

In settling the SEC's charges without admitting or denying the allegations, Bank of America consented to the entry of a judgment that permanently enjoins Bank of America from violating the proxy solicitation rules â€" Section 14(a) of the Exchange Act of 1934 and Rule 14a-9 â€" and orders Bank of America to pay the financial penalty.

The Securities and Exchange Commission today charged Bank of America Corporation for misleading investors about billions of dollars in bonuses that were being paid to Merrill Lynch & Co.

SEC Charges Bank of America for Failing to Disclose Merrill Lynch Bonus Payments

executives at the time of its acquisition of the firm.” Also according to the press release, “Bank of America agreed to settle the SEC’s charges and pay a penalty of $33 million.” The press release noted that “as Merrill was on the brink of bankruptcy and posting record losses, Bank of America agreed to allow Merrill to pay its executives billions of dollars in bonuses.

Also according to the press releas e, “Bank of America agreed to settle the SEC’s charges and pay a penalty of $33 million.” Id.

House of Representatives (D-Maryland), sent a letter to the Securities and Exchange Commission (“SEC” or the “Commission”) Office of Inspector General (“OIG”) and to the Office of the Special Inspector General for the Troubled Asset Relief Program (“SIGTARP”) regarding the SEC’s proposed $33 million settlement with Bank of America (“BofA”), for false and misleading statements made in connection with its merger with Merrill Lynch & Co. (“Merrill”), filed in U.S. federal court on August 3, 2009.

Moreover, the press release stated: In settling the SEC’s charges without admitting or denying the allegations, Bank of America consented to the entry of a judgment that permanently enjoins Bank of America from violating the proxy solicitation rules – Section 14(a) of the Exchange Act of 1934 and Rule 14a-9 – and orders Bank of America to pay the financial penalty.

According to Rosenfeld, “As Merrill was on the brink of bankruptcy and posting record losses, Bank of America agreed to allow Merrill to pay its executives billions of dollars in bonuses.

The Bonuses Action, filed on August 3, 2009, charges Bank of America with violating Section 14(a) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rules 14a-3 and 14a-9 thereunder based on the Bank’s failure to disclose, in proxy materials soliciting shareholder votes for approval of the merger, its authorization to Merrill to pay year-end bonuses of up to $5.8 billion to its employees prior to the closing of the merger.

Bank of America, led by Chief Executive Moynihan, also settled with the SEC for $10 million over hidden fees in some of its structured notes.

Act (ERISA) Litig., Case No. 1:09- md-02058-PKC (S.D.N.Y.) ($2.43 billion settlement of securities fraud class action); Morris v. Bank of America, N.A.

defective residential mortgage loans originated by Countrywide’s Consumer Markets Division and later Bank of America to the GSEs with misrepresentations as to the loans’ quality; and iii.

defective residential mortgage loans originated by Countrywide’s Consumer Markets Division and later Bank of America to the GSEs with misrepresentations as to the loans’ quality; and iii. Relator, who filed a complaint on or about January 14, 2014, under the qui tam provisions of the False Claims Act against Defendants Countrywide, Bank of America, Merrill Lynch, and First Franklin, alleging, inter alia, that, from 2008 to 2013, those entities breached representations and warranties by failing to report thousands of defective loans to the GSEs.

Defendant ’s foregoing obligations for disgorgement, prejudgment interest, and a civil penalty shall be deemed satisfied in full by the payment of Bank of America Corp. to the United States Department of Justice in accordance with the terms of the agreement dated August 20, 2014 among Bank of America Corp., the United States Department of Justice, and certain States.

The Defendants were ordered to pay a total of $225,060,000.00 in disgorgement, prejudgment interest, and penalties, which would be deemed satisfied in full by the payment of Bank of America Corp. to the United States Department of Justice (“DOJ”) in accordance with the terms of the agreement dated August 20, 2014 among Bank of America Corp., the DOJ, and certain States wherein it was agreed that $115,840,000.00 would be allotted to the SEC for settlement of the claims associated with this matter.

In November 2023, Bank of America entered into a settlement with the CFPB to resolve allegations that it had inaccurately reported data required by the federal Home Mortgage Disclosure Act.

ORDER TERMINATING THE CONSENT ORDER With the consent of Bank of America, N. A. (Respondent), by and through its Managing Director and President, the Consumer Financial Protection Bureau (Bureau) issued a Consent Order on November 28, 2023, for violations of the Home Mortgage Disclosure Act (HMDA), 12 U.S.C.

ORDER TERMINATING THE CONSENT ORDER With the consent of Bank of America, N. A. (Respondent), by and through its Managing Director and President, the Consumer Financial Protection Bureau (Bureau) issued a Consent Order on November 28, 2023, for violations of the Home Mortgage Disclosure Act (HMDA), 12 U.S.C. §§ 2801-2810, and its implementing regulation , Regulation C, 12 C.F.R.

The Consumer Financial Protection Bureau cut short a five-year agreement with Bank of America Corp. over the bank’s alleged submission of false mortgage data as the significantly curtailed government agency rolls back a bevy of settlements, ending the monitoring of BofA more than three years early.

“For years, Countrywide and Bank of America unloaded toxic mortgage loans on the government sponsored enterprises Fannie Mae and Freddie Mac with false representations that the loans were quality investments,” said U.S. Attorney Preet Bharara for the Southern District of New York.

Attorney’s Office for the Southern District of New York, along with the Federal Housing Finance Agency’s Office of Inspector General and the Special Inspector General for the Troubled Asset Relief Program, conducted investigations into the origination of defective residential mortgage loans by Countrywide’s Consumer Markets Division and Bank of America’s Retail Lending Division as well as the fraudulent sale of such loans to the government sponsored enterprises Fannie Mae and Freddie Mac (the “GSEs”).

“For years, Countrywide and Bank of America unloaded toxic mortgage loans on the government sponsored enterprises Fannie Mae and Freddie Mac with false representations that the loans were quality investments,” said U.S. Attorney Preet Bharara for the Southern District of New York.

Attorney’s Office for the Southern District of New York, along with the Federal Housing Finance Agency’s Office of Inspector General and the Special Inspector General for the Troubled Asset Relief Program, conducted investigations into the origination of defective residential mortgage loans by Countrywide’s Consumer Markets Division and Bank of America’s Retail Lending Division as well as the fraudulent sale of such loans to the government sponsored enterprises Fannie Mae and Freddie Mac (the “GSEs”).

The United States Attorney’s Office for the Southern District of New York has conducted investigations of Countrywide and Bank of America’s origination and sale of defective residential mortgage loans to the Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”) (collectively, “government-sponsored enterprises” or “GSEs”), including investigating allegations asserted by: i. Relator, who filed a complaint on or about June 21, 2011, under the qui tam provisions of the False Claims Act, 31 U.S.C. §§ 3729, et seq., against Bank of America, three of its subsidiaries (Countrywide Financial Corporation, Landsafe Appraisal Services, Inc. and U.S. Trust), and another defendant, asserting inter alia, that, from 2004 to 2011, Bank of America and its subsidiaries originated residential mortgage loans using inflated appraisals and fraudulently sold those loans to the GSEs with misrepresentations as to the loans’ quality; ii.

Relator, who filed a complaint on or about June 4, 2014, under the qui tam provisions of the False Claims Act against Countrywide and Bank of America, alleging, inter alia, that, from 2009 to 2014, these entities fraudulently sold 2

The United States Attorney’s Office for the Southern District of New York has conducted investigations of Countrywide and Bank of America’s origination and sale of defective residential mortgage loans to the Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”) (collectively, “government-sponsored enterprises” or “GSEs”), including investigating allegations asserted by: i. Relator, who filed a complaint on or about June 21, 2011, under the qui tam provisions of the False Claims Act, 31 U.S.C. §§ 3729, et seq., against Bank of America, three of its subsidiaries (Countrywide Financial Corporation, Landsafe Appraisal Services, Inc. and U.S. Trust), and another defendant, asserting inter alia, that, from 2004 to 2011, Bank of America and its subsidiaries originated residential mortgage loans using inflated appraisals and fraudulently sold those loans to the GSEs with misrepresentations as to the loans’ quality; ii.

Environmental Protection Agency (EPA) announced a proposed settlement with Bank of America to address the White Swan Cleaners/Sun Cleaners Area Groundwater Contamination Superfund Site in Wall Township, Monmouth County, New Jersey.

“This settlement with Bank of America ensures that long term cleanup, including remediation of contaminated groundwater and future vapor mitigation work, will be funded by the responsible party, not by the taxpayers,” New Jersey Commissioner of Environmental Protection Shawn M.

FOR THE DISTRICT OF KANSAS IN RE: BANK OF AMERICA WAGE AND HOUR EMPLOYMENT LITIGATION No. 10-MD-2138-JWL This Order Relates to All Cases __________________________________ MEMORANDUM & ORDER This multidistrict litigation proceeding consolidates numerous putative collective and class actions against Bank of America, N.A.

If you want to be excluded from the settlement – keeping your rights to sue Bank of America separately – or want to object to the court's decision, you must act before July 7.

and Bank of America, N.A., for disgorgement of $109,220,000, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $6,620,000, and a civil penalty in the amount of $109,220,000 pursuant to Section 20(d) of the Securities Act [15 U.S.C.

participating in SSA bonds trading cartel Brussels, 28 April 2021 The European Commission has fined Bank of America Merrill Lynch , Cr é dit Agricole , and Credit Suisse a total of € 28 494 000 for breaching EU antitrust rules.

Antitrust: Commission fines investment banks € 371 million for participating in a European Governments Bonds trading cartel Brussels, 20 May 2021 The European Commission has found that Bank of America , Natixis , Nomura , RBS (now NatWest), UBS , UniCredit and WestLB (now Portigon) have breached EU antitrust rules through the participation of a group of traders in a cartel in the primary and secondary market for European Government Bonds (‘EGB'). Fines totalling € 371 million are imposed on Nomura, UBS and UniCredit.

Antitrust: Commission fines investment banks €28 million for participating in SSA bonds trading cartel The European Commission has fined Bank of America Merrill Lynch, Crédit Agricole, and Credit Suisse a total of €28,494,000 for breaching EU antitrust rules.

Antitrust: Commission fines investment banks € 371 million for participating in a European Governments Bonds trading cartel The European Commission has found that Bank of America, Natixis, Nomura, RBS (now NatWest), UBS, UniCredit and WestLB (now Portigon) have breached EU antitrust rules through the participation of a group of traders in a cartel in the primary and secondary market for European Government Bonds (‘EGB').

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Bank of America and its Merrill Lynch investment company settled a lawsuit with two Black women employees who said they were excluded from opportunities because of their race and sex, according to New York federal court records reviewed by The Charlotte Observer.