Finance and Economic

Bank of America Corp CEO Ken Lewis has survived troubled acquisitions, massive credit losses and two government bailouts, but experts question whether he can survive a series of investigations.

Lewis and other senior bank executives face intense scrutiny from regulators, state attorneys general and the U.S. Congress over whether they failed to disclose key information about Merrill Lynch’s financial health and bonus plans before Bank of America bought the brokerage.

“It comes to a point that the company is so completely distracted by the legal fight it can’t focus on the business,” said Tony Plath, banking professor at UNC-Charlotte who follows the bank closely. “This is becoming a significant impediment to management’s job.”

A Bank of America spokesman said the board fully supports Lewis, but did not elaborate further.

At a Monday meeting, the bank’s directors were expected to discuss legal options if he is charged with civil fraud, The Wall Street Journal said.

In the latest in a series of investigations and lawsuits, a U.S. House of Representatives panel gave the bank until noon Monday to provide additional information about its purchase of Merrill Lynch. The panel said the bank cannot use attorney-client privilege to withhold details of the deal from Congress.

And New York Attorney General Andrew Cuomo’s office is considering filing civil charges against Lewis,

Whatever Cuomo and other investigators decide, legal issues can drag on for years, and companies often cut ties with executives to minimize such distractions, according to corporate governance experts free insurance quotes.

“Whether a management change happens depends on the size of the distraction,” said Karen Brenner, a business professor at New York University specializing in ethics and corporate governance. “Legal issues can ebb and flow, but the company is dealing with a great deal of pressure now.”

Brenner said while it is early to assume the pending legal issues will quickly force wholesale management change, such changes are not unprecedented.

Some investors are already getting restless.

Michael Nix, co-chief investment officer for Greenwood, South Carolina-based Greenwood Capital Associates, said the firm is considering selling its 100,000 Bank of America shares because of short-term performance and long-term litigation worries.

“We’ll still be talking about these lawsuits three to five years from now,” Nix said. “A lot of people will get pulled into this thing.”

Bank of America shares were down 2 percent at $17.28 in Monday afternoon trading.

ABRUPT ENDS 

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