Reports: John Thain Resigns From Bank of America

NEW YORK – Media reports Thursday said former Merrill Lynch & Co. CEO John Thain has resigned from Bank of America Corp. following news that Merrill had moved up its yearend bonuses, paying them just before BofA's government-brokered acquisition of Merrill was completed.

CNBC and The Wall Street Journal's Web site reported that Thain resigned after a meeting with Bank of America executives Thursday morning. A Bank of America spokesman declined to comment. Thain was heading a wealth management division of the two firms' merged businesses.

The bonuses to Merrill executives were also paid out as the company prepared to report a $15.45 billion fourth-quarter loss — a loss that led Bank of America to request and receive $20 billion in additional government bailout money.

Bank of America has increasingly come under criticism in recent weeks for its acquisition of Merrill Lynch, a deal fostered by the government to save Merrill Lynch on the same day that Lehman Brothers Holdings Inc. collapsed amid the credit crisi. On Thursday, Bank of America said it knew of Merrill's plans to more up the bonuses.

"Merrill was an independent company until Jan. 1 of 2009," said Bank of America spokesman Scott Silvestri. "John Thain decided to pay year-end incentives in December, as opposed to their normal date in January. Bank of America was informed of his decision."

Bonuses were not paid, though, to Thain and four other top executives — President and COO Greg Fleming, Chief Financial Officer Nelson Chai, President of Global Wealth Management Robert McCann, and General Counsel Rosemary Berkery — who requested they not receive additional compensation.

Shares of Bank of America, which were already tumbling Thursday, fell further after reports of Thain's departure. Bank of America shares fell $1.04, or 15.6 percent, to $5.64 in early afternoon trading.

Bank of America shares have been among the hardest hit in the sector throughout the first few weeks of 2009. Its shares had already sunk 52.6 percent in 2009 before Thursday's fall.

Bank of America last week struck a deal with the government to receive an additional $20 billion in funds as part of the Treasury Department's bank investment program. The government also agreed to backstop losses on additional assets as Charlotte, N.C.-based Bank of America absorbs struggling Merrill Lynch. The investment comes after Bank of America already received an initial $25 billion as part of the program.

Thain went to Merrill Lynch, which like other financial companies was struggling because of its investments in soured mortgage back securities, after leading the New York Stock Exchange. Before that, he served as chief operating officer at Goldman Sachs Group Inc.