Bank of America
Type Public (NYSE: BAC)
Founded
(as "Bank of America")
San Francisco, CA (1928)
(acquiring banks)
Charlotte, NC (1874)
Boston, MA (1784)
Headquarters Charlotte, North Carolina, USA
Key people
Ken Lewis, Chairman & CEO
Amy Brinkley, Global Risk Executive
Alvaro de Molina, CFO
Industry Money Center Banks
Products Banking
Revenue $83.980 billion USD (2005)
Operating income $42.877 billion USD (2005)
Net income $16.447 billion USD (2005)
Employees 176,638 (2005)
Website Bank Of America
Corporate History
NationsBank
See NationsBank for a history of that entity before the merger in 1998 with BankAmerica Corporation.
BankAmerica and the BankAmericard
Amadeo Giannini was the founder of the modern day Bank of America NT&SA. After the 1906 San Francisco earthquake his Bank of Italy became a leader of the San Francisco banking community by providing loans to those struck by the disaster.
In the late 1920's, Giannini approached Orra E. Monnette, President and founder of the Los Angeles based Bank of America, Los Angeles about a potential merger between the two entities. The Los Angeles based bank exhibited strong growth throughout the 1920s, due in part to its success in developing an advanced bank branching system. The merger of the two institutions was completed in early 1929 and took the name Bank of America. The combined company was headed by Giannini with Monnette serving as co-Chair.3
While the names of many nationally chartered banks end with the initials 'N.A.' (National Association), Giannini picked a unique ending, National Trust and Savings Association, or 'NT&SA', because he wanted the name to highlight the different functions of the bank. BofA was the only NT&SA in the country. The bank was soon the largest in California.
Giannini also sought to build a national bank, expanding into most of the western states as well as into the insurance industry, under the aegis of his holding company, Transamerica Corporation. Bank of America NT&SA also had banking relationships in international financial markets. With the passage of the Bank Holding Company Act of 1956, banks were prohibited from owning non-banking subsidiaries such as insurance companies, and Bank of America and Transamerica were separated, with the latter company continuing in the insurance business. However, federal banking regulators prohibited Bank of America's interstate banking activity, and Bank of America's domestic banks outside of California were forced into a separate company that eventually became First Interstate Bancorp, which was acquired by Wells Fargo Corp. in 1996. It was not until the 1980s with a change in federal banking legislation and regulation that Bank of America was again able to expand its domestic consumer banking activity outside of California. California was the nation's fastest growing state during the post-World War II boom, with the highest use of checking accounts (partially driven by many soldiers being paid via bank accounts during WWII), resulting in BankAmerica being swamped by checks. By 1949, the branches had to close at 2:00pm in order to process the bookkeeping by 5:00 p.m. To cope with the transaction volume, the bank invested heavily in information technology and is generally credited, together with GE and SRI, with inventing modern centralized bank operations, along with a number of financial transaction processing technologies such as automatic check processing, account numbers, and Magnetic Ink Character Recognition (MICR). Based upon these technologies, credit cards were able to be linked directly to individual bank accounts. Because of the efficiency of these technologies, the bank had significantly lower administrative costs than other banks and was able to expand until it became the world's largest bank in the early 1970s.
In 1959, it invented the bank credit card, the BankAmericard, which changed its name to VISA in 1977. A consortium of other California banks came up with Master Charge (now MasterCard) in order to compete with BankAmericard.
Expansion outside of California
Following passage of the Bank Holding Company Act of 1967, BankAmerica Corporation was established for the purpose of owning BankAmerica and its subsidiaries.
BankAmerica expanded outside California in 1983 with its acquisition of Seafirst Corporation of Seattle, Washington, and its wholly owned banking subsidiary, Seattle-First National Bank. Seafirst was at risk of seizure by the federal government after becoming insolvent due to a series of bad loans to the oil industry. BankAmerica continued to operate its new subsidiary as Seafirst rather than Bank of America until its 1998 merger with NationsBank.
BankAmerica was dealt huge losses in 1986 and 1987 due to the placement of a series of bad loans in the Third World, particularly in Latin America. The company fired its CEO, Sam Armacost, although Armacost blamed the problems on his predecessor, A.W. (Tom) Clausen, who was then appointed to replace Armacost. The losses resulted in a huge decline of BankAmerica stock, making it vulnerable to a hostile takeover.
First Interstate Bancorp of Los Angeles (which had originated from banks once owned by BofA), launched such a bid in the fall of 1986, although BankAmerica rebuffed it, mostly by selling its FinanceAmerica subsidiary to Chrysler and by selling the brokerage firm Charles Schwab and Co. back to Mr. Schwab. On the day of the 1987 stock market crash, BankAmerica was trading at $8 per share, although by 1992 it had rebounded mightily to become one of the biggest gainers of that half-decade. The selling of the corporate headquarters building in downtown San Francisco to raise capital was a symbolic blow to the bank.
BankAmerica's next big acquisition came in 1992. BankAmerica acquired its California rival, Security Pacific Corporation and its subsidiary Security Pacific National Bank in California and other banks in Arizona, Idaho, Oregon and Washington (which Security Pacific had acquired in a series of acquisitions in the late 1980s). This was, at the time, the biggest bank acquisition in history. Federal regulators nevertheless forced the sale of Security Pacific's Washington subsidiary, Rainier Bank, because the combination of Seafirst and Rainier would have given BankAmerica too large a share of the market in that state. Later that year, BankAmerica expanded into Nevada by acquiring Valley Bank of Nevada.
In 1994, BankAmerica acquired the Continental Illinois National Bank and Trust Co. of Chicago, which had become federally-owned as part of the same oil industry debacle that had brought down Seafirst. At the time, no bank had the resources to bail out Continental, so the federal government operated the bank for nearly a decade. Illinois at that time regulated branch banking extremely heavily, so Bank of America Illinois was a single-unit bank until the 21st century. Bank of America moved its national lending department to Chicago in an effort to establish a financial beachhead in the region.
These mergers helped BankAmerica Corporation once again become the largest U.S. bank holding company in terms of deposits, but the company fell to second place in 1997 behind fast-growing NationsBank Corporation and to third in 1998, also behind North Carolina's First Union Corp. In 1998, Bank Of America and NationsBank executed a merger-of-equal and changed the headquarter to Charlotte, North Carolina.
Bank of America Lawsuit aganist former Bank officers
The committee overseeing the liquidation of Bank Building and Equipment Corp. of America is seeking $23 million in actual damages and $23 million in punitive damages against three former officers of the defunct company.
The three defendants are Carl Weis Jr., the former chief executive; Myron Carpenter, the former chief financial officer, and Doug Clements, who ran the Loughman's division of BBC from 1987 until the parent company filed for bankruptcy protection in 1990.
The lawsuit alleges Clements perpetrated a massive financial fraud that "ultimately led to the demise of BBC."
The fraud not only caused the company to lose $8 million in contracts from unprofitable jobs, but also kept the otherwise profitable firm from earning $15 million, the suit said.
Merger of NationsBank and BankAmerica
The purchase of BankAmerica Corp. by NationsBank Corporation was the largest bank acquisition in history at that time. While the deal was technically a purchase of BankAmerica Corporation by NationsBank, with the renaming of the former entity to Bank of America Corporation, the deal was structured as a merger, and Bank of America NT&SA, changing its name to Bank of America, N.A. was the remaining legal bank entity. The bank still operates under Federal Charter 13044 which was granted to Giannini's Bank of Italy on March 1, 1927. Despite the mammoth size of the two companies, federal regulators insisted only upon the divestiture of 13 branches in New Mexico, in towns that would be left with only a single bank following the combination. This is because branch divestitures are only required if the combined company will have a larger than 25 percent FDIC deposit market share in a particular state or 10 percent deposit market share overall. Following the $64.8 billion acquisition of BankAmerica by NationsBank, the resulting Bank of America had combined assets of $570 billion, and 4,800 branches in 22 states.
In 2001, Bank of America CEO and chairman Hugh McColl stepped down and named Ken Lewis as his successor. Lewis's greater focus on financial discipline and efficiency contrasted greatly with the expansionary mergers and acquisition strategy of his predecessor.
In 2004, Bank of America purchased Louisville, Kentucky-based National Processing Company for $1.4 billion from National City Corp. The renamed company- BA Merchant Services- processes one in every six VISA and MasterCard transactions. The company also provides financial solutions for travel and healthcare companies. BA Merchant Services is headquartered in Louisville.
In 2004, Bank of America acquired Boston, Massachusetts-based FleetBoston Financial for $47 billion to solidify Bank of America's position as the bank with the largest FDIC-rated deposit market share in the United States with $513 billion in deposits, well ahead of the number two bank holding company, newly-merged JPMorgan Chase-Bank One with $353 billion in deposits and number three Wells Fargo & Co. with $228 billion (As of June 30, 2003).
Bank of America Today
On June 30, 2005 the bank announced it would purchase credit card giant MBNA for $35 billion in cash and stock. The Federal Reserve Board gave final approval to the merger between Bank of America and MBNA on December 15, 2005. The merger closed on 1 January 2006, and the completion of the deal solidifies the Bank's position as the largest issuer of credit cards in the U.S., surpassing rival J.P. Morgan Chase. The assimilated former MBNA entity will be called Bank of America Card Services, and will also incorporate Bank of America's existing credit card operations. The combined Bank of America Card Services organization will have more than 40 million active U.S. accounts and nearly $140 billion in managed outstanding balances. Bank of America is already the world's leader in active debit cards.
Bank of America is currently constructing a massive new headquarters for its New York City operations. The skyscaper will be located on 42nd Street and Avenue of the Americas, at Bryant Park, and will feature state-of-the-art "green" - environmentally friendly - technology throughout its 1.2 million square feet (120,000 m²) of office space. After its completion, the building will be the headquarter for the company's investment banking division, and will also host most of Bank of America's New York based staff.
Divisions
Bank of America today comprises three main divisions.
Global Consumer and Small Business Banking
Global Consumer and Small Business Banking (GC&SBB) is the largest division in the company, and deals primarily with consumer banking and credit card issuance. The acquisition of FleetBoston in 2004 and MBNA in 2005 significantly expanded its size and range of services, resulting in about 51% of the company's total revenue in 2005. It competes directly with the retail banking divisions of Citigroup and JPMorganChase. The GC&SBB organization includes over 5,700 retail branches and over 17,000 ATMs across the United States.
MBNA merger
As a result of the merger with MBNA, Bank of America is now the largest issuer of credit, debit and prepaid cards in the world based on total purchase volume as well as the largest Consumer bank and #1 small business lender in the United States.
Global Corporate and Investment Banking
Global Corporate and Investment Banking (GCIB), also known as Banc of America Securities, provides mergers and acquisitions advisory, underwriting, as well as trading in fixed income and equities markets. Its strongest groups include Leveraged Finance, Syndicated Loans, and Mortgage Backed Securities. It also has one of the largest research teams on Wall Street.
Global Wealth and Investment Management
Global Wealth and Investment Management (GWIM) manages assets of institutions and individuals. It is among the 10 largest U.S. wealth managers (ranked by private banking assets under management in accounts of $1 million or more as of June 30, 2005). In July 2006, Chairman Ken Lewis announced that GWIM's total assets under management exceeded $500,000.
Controversy
Enron scandal
Bank of America was one of several banks linked to the fraudulent activities committed by Enron. In 2004, they settled a class action lawsuit brought on by Enron investors, for $69 million. The suit specifically claimed that Bank of America had "actively engaged and participated in the fraudulent scheme" and "furthered Enron's fraudulent course of conduct and business in several ways".
Under the settlement, the bank denies that it violated any law and explains that it settled the matter solely to eliminate the uncertainties, expense and distraction of further protracted litigation.
Raiding Social Security
In 2004, a California jury decided that Bank of America had illegally raided the Social Security benefits of a million customers. The jury awarded damages that could exceed $1 billion. Bank of America had been accused of withholding customers' direct deposit social security benefit payments to cover debts in cases where a debt is owed to the bank by the customer (e.g.: due to an overdrawn account, various service fees, etc.), this is in direct violation of California state law. The suit claims that Bank of America knew about the law, and concealed the facts of this law from their customers. Bank of America counters that it only followed standard industry practice of using monthly pre-authorized direct deposits to cover overdrafts and the like. -- The case is on appeal.
In 1999, a class action lawsuit was filed against Bank of America for engaging in the practice of "Biggest Check First" check-clearing. Put simply, the bank clears checks in order from biggest to smallest for transactions presented on the same business day, with less regard to what time they come in during that business day. Customers allege that this is purposely done, to cause more checks to bounce, triggering more overdraft fees for the bank to collect.
Here's an example: A customer has $1,000 in his checking account. Check numbers 101 through 104 come in for processing for $60, $10, $30 and $950, in that order. If the checks are processed by the check number or in ascending order (smallest to largest), the first three checks will clear and the fourth will bounce, meaning the customer will be charged one fee for insufficient funds. NationsBank (now Bank of America) can charge $19 to $35 for each bounced check. If the checks are processed largest to smallest, however, the $950 check will clear first, and the checks for $60, $30 and $10 will bounce, resulting in $57 to $105 in fees. (It depends on how many over drafts the customer has. The first is $19. It progressively rises to $35 with each additional.)
The bank employs the same practice for ATM and debit card transactions. Another example: A customer has $100 in her account. On Saturday she withdraws $80 from an ATM. On Sunday she buys a coffee using her debit card for $3 and puchases a small amount of gas for $15. As of Sunday night, she still has $2 remaining in her account. On Monday, her recurring monthly cable bill is auto-debited from her account, for $150. The bank clears this transaction even though the customer is now in the negative. This is standard grounds for an overdraft fee, so the customer expects to find one on her next statement.
However, when the customer checks her statement, she finds four overdraft charges. One for the cable bill, plus one for each of the debits over the weekend. The customer is naturally confused, as she had not overdrawn her account for any of the weekend transactions. Yet, the bank counts those charges as overdrafts because they do not post until the next business day (Monday), even though the transactions were all authorized over the weekend. Since the bank employs "biggest check first", the smaller weekend transactions clear after the cable bill that came in later in the business day. The customer get four overdraft charges total, instead of one.
BOA paid a $9M settlement and the lawsuit was dismissed without an admission of fault. Bank of America continues to process transactions from highest to lowest amounts. New York, California, and Nevada are currently fighting the practice.
When asked about the practice, bank representatives claim that it insulates the Bank from undue risk. By paying the largest items first, the Bank ensures that no loss is incurred on the largest items, by withdrawing the appropriate funds from the customer's account and honoring the largest, and most risky items. Smaller items, which may or may not be honored against a negative balance, depending on the account officer's decision, pose less liability to the Bank, and are therefore paid last. Also, regardless of when checks are written, their negotiation can happen in a number of ways, including direct presentment at the drawee bank, at which time funds are immediately reserved out of the customer's account to pay cash to the payee who cashes the item. Such policies are designed to reduce the risk of loss to the bank.
Furthermore, bank representatives also state that larger transactions typically represent more important items on a customer's account such as a mortgage or rent payment, car payment, insurance payment, utility payments, etc. By paying these items first, it is ensured that the customer's most important items are not affected, although smaller less important items may be affected.
Bank of America customers also claim that the bank's ATM and Online Banking systems can be confusing, and cause a false impression of the available balance. Customers claim that this increases the likelihood of incurring overdraft fees. Customers claim that when using their Bank of America debit card for purchases or ATM withdrawals, the amount of the charge is immediately deducted, then made available several days later, then deducted once again. This is as a result of the authorization hold process. If charges were made during the period when the money was temporarily back in the account, those charges go through - and incur an overdraft fee. BOA's response is that their Online Banking and ATM systems should be used in conjunction with a written account register so that customers are aware of all pending transactions on their accounts.
In fairness, the "Biggest Check First" policy is not unique to Bank of America, and is common among other large U.S. banks, such as JP Morgan Chase, Citibank, and Wachovia. BoA has increased the length of time [debit card] authorizations are listed as pending in online banking from 1 business day to 3 business days to reduce confusion over the actual available balance.
Online Bill Pay
Another relatively new policy Bank of America has implemented is the sending of automated bill payments without available funds -- and the related charging of fees. If previous Fleet or BankBoston customers had an automated bill payment set up but either scheduled the payment for the wrong day or else didn't deposit necessary funds in time, the bank would attempt to make the payments for three days until the money was available, before cancelling the payment attempt. As no money would be transferred unless funding was available, no fees were charged.
Bank of America, however, changed their policy to send the payments even with a zero balance, even electronic payments where it is clear the funds do not exist. They then charge customers up to $35 per scheduled payment. They also do not then cancel the payments, but continue to re-attempt the payments one more time, meaning that if customers do not deposit funds immediately into their account, they can be charged up to $35 per mistakenly scheduled payment, for up to two mistaken payments, or $35 per incident, where their previous banks would have charged nothing.
In February 2006 Bank of America also changed their online bill pay policy to send customers' automated bill payments without debiting the payments from their account until the day after they are processed by the payees' bank. This differs from most online banking customers' previous experience with having the funds immediately debited from their account to help keep their account balance positive, and would seem to be done purely to incur additional overdraft charges.
Online banking security
Website redirection weakness
In April 2005, Bank of America was the target of a phishing scheme that exploited a flaw in the Bank of America online banking website. Normally, a phishing link that accesses an illegitimate website can be detected by carefully reading the URL in the web browser. One URL for the Bank of America website allowed a second URL to be passed to the Bank of America website for redirection. This allowed the phishing link to access an illegitimate website through the Bank of America website and thereby display a "real" Bank of America URL while accessing the illegitimate site.
SiteKey
Announced in May of 2005, SiteKey, provided by Passmark Security, is an additional login step added to the Bank of America online banking website. If the Bank of America system recognizes the user's computer it displays a small image and a text token previously selected by the user. If the user does not recognize the image the user is instructed to not log in and call a phone number for "Electronic Banking Services." If the Bank of America system does not recognize the user's computer the user is asked one of three security questions that had previously been selected and answered by the user. The bank claims this as an added security measure to help reduce the likelihood of phishing attacks by allowing users to easily verify the authenticity of the server to which they are connected.
Though SiteKey will by no means render Bank of America customers immune to phishing attacks, it is a step in the right direction since it demands a two-way exchange of authenticating information: The Web server presents the user its credentials (your chosen image and text) as a means of proving they really are the bank. Only after seeing the image they have chosen, the bank instructs its users, should they, in turn, present their credentials (user ID and passcode).
Some people have noted that Sitekey, or at very least customer account numbers, may be subject to exposure via brute force attacks. When a user enters any valid bank account number, Sitekey prompts for the selection of the correct Sitekey. Thus it is possible to confirm the existence of a valid account by inspecting the format of a valid account number, cleverly tuning guesses of account numbers, and repeatedly submitting the numbers.
While the two-way authentication is currently an uncommon function among the consumer banking industry, the recognition of the user's computer, or more accurately, their browser, is still done in the normal way using HTTP cookies. Additionally, an Adobe Flash shared object is added to the user's computer that stores identifying details of customers, such as log-ins, in a way that is said to prevent most customers from finding or deleting them.
International operations
In 2005, Bank of America acquired a 9% stake in China Construction Bank, China's second largest bank, for $3 billion. It represented the company's largest foray into China's growing banking sector. Bank of America currently has offices in Hong Kong, Shanghai, and Guangzhou and is looking to greatly expand its Chinese business as a result of this deal. Bank of America has also invested in opening new branches in India, particularly Mumbai.
Bank of America operates under the name Bank Boston in many other countries, including Brazil. In Mexico, it operates under the name Bank of America.
Diversity
Bank of America was named one of the 100 Best Companies for Working Mothers in 2004 by Working Mothers magazine. Furthermore, Amy Woods Brinkley, the Bank's Global Risk Executive, and Barbara Desoer, the Bank's Global Technology and Service Fulfillment Executive, were named two of the most powerful women in Banking by US Banker magazine, and were among the "top 50 most powerful women in business," as ranked by Fortune.
Radio Financial Adviser Clark Howard takes on Bank of America
A San Francisco man, Matthew Shinnick, was arrested and jailed when he tried to verify the validity of a check at Bank of America branch after receiving a check from someone who had seen his ad for bicycles on craigslist.com. Radio financial adviser Clark Howard found out about this story and talked with the man, Matthew Shinnick, who has spent about $14,000 in legal fees to clear his name. He went into his bank to see if the check was legitimate and verify that there was money in the person’s account. He was told it was a valid account and so he cashed the check. At that point, BOA employees called the police and Shinnick was arrested on fraud charges because the check was actually a phony. He had no idea that the real criminal had used the name of a legitimate company to fake a check. So, Matthew sat in the bank branch for hours while police figured out what to do and then spent the night in jail. Once he got out, he wanted to clear his name legally so the arrest would not come back to haunt him. He had to hire attorneys to do this and it cost him nearly $14,000. He then went to Bank of America and asked that the bank cover his fees because it was the bank’s error. But so far BOA has refused. Clark Howard has had two officers from BOA to represent the bank, and stated he would cover half the legal costs if BOA would cover half. BOA has refused and Clark Howard stated that they have threatened legal action against him. Clark Howard has urged his listeners to withdraw their money and refuse to do business with Bank of America any longer. He keeps a running tally on how much money his listeners have withdrawn from BOA on his website, www.clarkhoward.com.
Major sponsorships
Bank of America owns the naming rights of several venues in the sports world.
* Bank of America Stadium, Charlotte - Carolina Panthers, NFL.
* Bank of America 500, a NASCAR race that is hosted annually at Lowe's Motor Speedway.
* Bank of America Colonial, a PGA Tour golf tournament.
* Official bank of
o Major League Baseball
o Minor League Baseball
o Little League
Ad campaigns that run during the Little League World Series and the World Series use the slogan "The Official Bank of Baseball."
External links
# Bank of America homepage
# Find this bank's branches on myBank.com
Source:-Wikipedia
Founded
(as "Bank of America")
San Francisco, CA (1928)
(acquiring banks)
Charlotte, NC (1874)
Boston, MA (1784)
Headquarters Charlotte, North Carolina, USA
Key people
Ken Lewis, Chairman & CEO
Amy Brinkley, Global Risk Executive
Alvaro de Molina, CFO
Industry Money Center Banks
Products Banking
Revenue $83.980 billion USD (2005)
Operating income $42.877 billion USD (2005)
Net income $16.447 billion USD (2005)
Employees 176,638 (2005)
Website Bank Of America
Corporate History
NationsBank
See NationsBank for a history of that entity before the merger in 1998 with BankAmerica Corporation.
BankAmerica and the BankAmericard
Amadeo Giannini was the founder of the modern day Bank of America NT&SA. After the 1906 San Francisco earthquake his Bank of Italy became a leader of the San Francisco banking community by providing loans to those struck by the disaster.
In the late 1920's, Giannini approached Orra E. Monnette, President and founder of the Los Angeles based Bank of America, Los Angeles about a potential merger between the two entities. The Los Angeles based bank exhibited strong growth throughout the 1920s, due in part to its success in developing an advanced bank branching system. The merger of the two institutions was completed in early 1929 and took the name Bank of America. The combined company was headed by Giannini with Monnette serving as co-Chair.3
While the names of many nationally chartered banks end with the initials 'N.A.' (National Association), Giannini picked a unique ending, National Trust and Savings Association, or 'NT&SA', because he wanted the name to highlight the different functions of the bank. BofA was the only NT&SA in the country. The bank was soon the largest in California.
Giannini also sought to build a national bank, expanding into most of the western states as well as into the insurance industry, under the aegis of his holding company, Transamerica Corporation. Bank of America NT&SA also had banking relationships in international financial markets. With the passage of the Bank Holding Company Act of 1956, banks were prohibited from owning non-banking subsidiaries such as insurance companies, and Bank of America and Transamerica were separated, with the latter company continuing in the insurance business. However, federal banking regulators prohibited Bank of America's interstate banking activity, and Bank of America's domestic banks outside of California were forced into a separate company that eventually became First Interstate Bancorp, which was acquired by Wells Fargo Corp. in 1996. It was not until the 1980s with a change in federal banking legislation and regulation that Bank of America was again able to expand its domestic consumer banking activity outside of California. California was the nation's fastest growing state during the post-World War II boom, with the highest use of checking accounts (partially driven by many soldiers being paid via bank accounts during WWII), resulting in BankAmerica being swamped by checks. By 1949, the branches had to close at 2:00pm in order to process the bookkeeping by 5:00 p.m. To cope with the transaction volume, the bank invested heavily in information technology and is generally credited, together with GE and SRI, with inventing modern centralized bank operations, along with a number of financial transaction processing technologies such as automatic check processing, account numbers, and Magnetic Ink Character Recognition (MICR). Based upon these technologies, credit cards were able to be linked directly to individual bank accounts. Because of the efficiency of these technologies, the bank had significantly lower administrative costs than other banks and was able to expand until it became the world's largest bank in the early 1970s.
In 1959, it invented the bank credit card, the BankAmericard, which changed its name to VISA in 1977. A consortium of other California banks came up with Master Charge (now MasterCard) in order to compete with BankAmericard.
Expansion outside of California
Following passage of the Bank Holding Company Act of 1967, BankAmerica Corporation was established for the purpose of owning BankAmerica and its subsidiaries.
BankAmerica expanded outside California in 1983 with its acquisition of Seafirst Corporation of Seattle, Washington, and its wholly owned banking subsidiary, Seattle-First National Bank. Seafirst was at risk of seizure by the federal government after becoming insolvent due to a series of bad loans to the oil industry. BankAmerica continued to operate its new subsidiary as Seafirst rather than Bank of America until its 1998 merger with NationsBank.
BankAmerica was dealt huge losses in 1986 and 1987 due to the placement of a series of bad loans in the Third World, particularly in Latin America. The company fired its CEO, Sam Armacost, although Armacost blamed the problems on his predecessor, A.W. (Tom) Clausen, who was then appointed to replace Armacost. The losses resulted in a huge decline of BankAmerica stock, making it vulnerable to a hostile takeover.
First Interstate Bancorp of Los Angeles (which had originated from banks once owned by BofA), launched such a bid in the fall of 1986, although BankAmerica rebuffed it, mostly by selling its FinanceAmerica subsidiary to Chrysler and by selling the brokerage firm Charles Schwab and Co. back to Mr. Schwab. On the day of the 1987 stock market crash, BankAmerica was trading at $8 per share, although by 1992 it had rebounded mightily to become one of the biggest gainers of that half-decade. The selling of the corporate headquarters building in downtown San Francisco to raise capital was a symbolic blow to the bank.
BankAmerica's next big acquisition came in 1992. BankAmerica acquired its California rival, Security Pacific Corporation and its subsidiary Security Pacific National Bank in California and other banks in Arizona, Idaho, Oregon and Washington (which Security Pacific had acquired in a series of acquisitions in the late 1980s). This was, at the time, the biggest bank acquisition in history. Federal regulators nevertheless forced the sale of Security Pacific's Washington subsidiary, Rainier Bank, because the combination of Seafirst and Rainier would have given BankAmerica too large a share of the market in that state. Later that year, BankAmerica expanded into Nevada by acquiring Valley Bank of Nevada.
In 1994, BankAmerica acquired the Continental Illinois National Bank and Trust Co. of Chicago, which had become federally-owned as part of the same oil industry debacle that had brought down Seafirst. At the time, no bank had the resources to bail out Continental, so the federal government operated the bank for nearly a decade. Illinois at that time regulated branch banking extremely heavily, so Bank of America Illinois was a single-unit bank until the 21st century. Bank of America moved its national lending department to Chicago in an effort to establish a financial beachhead in the region.
These mergers helped BankAmerica Corporation once again become the largest U.S. bank holding company in terms of deposits, but the company fell to second place in 1997 behind fast-growing NationsBank Corporation and to third in 1998, also behind North Carolina's First Union Corp. In 1998, Bank Of America and NationsBank executed a merger-of-equal and changed the headquarter to Charlotte, North Carolina.
Bank of America Lawsuit aganist former Bank officers
The committee overseeing the liquidation of Bank Building and Equipment Corp. of America is seeking $23 million in actual damages and $23 million in punitive damages against three former officers of the defunct company.
The three defendants are Carl Weis Jr., the former chief executive; Myron Carpenter, the former chief financial officer, and Doug Clements, who ran the Loughman's division of BBC from 1987 until the parent company filed for bankruptcy protection in 1990.
The lawsuit alleges Clements perpetrated a massive financial fraud that "ultimately led to the demise of BBC."
The fraud not only caused the company to lose $8 million in contracts from unprofitable jobs, but also kept the otherwise profitable firm from earning $15 million, the suit said.
Merger of NationsBank and BankAmerica
The purchase of BankAmerica Corp. by NationsBank Corporation was the largest bank acquisition in history at that time. While the deal was technically a purchase of BankAmerica Corporation by NationsBank, with the renaming of the former entity to Bank of America Corporation, the deal was structured as a merger, and Bank of America NT&SA, changing its name to Bank of America, N.A. was the remaining legal bank entity. The bank still operates under Federal Charter 13044 which was granted to Giannini's Bank of Italy on March 1, 1927. Despite the mammoth size of the two companies, federal regulators insisted only upon the divestiture of 13 branches in New Mexico, in towns that would be left with only a single bank following the combination. This is because branch divestitures are only required if the combined company will have a larger than 25 percent FDIC deposit market share in a particular state or 10 percent deposit market share overall. Following the $64.8 billion acquisition of BankAmerica by NationsBank, the resulting Bank of America had combined assets of $570 billion, and 4,800 branches in 22 states.
In 2001, Bank of America CEO and chairman Hugh McColl stepped down and named Ken Lewis as his successor. Lewis's greater focus on financial discipline and efficiency contrasted greatly with the expansionary mergers and acquisition strategy of his predecessor.
In 2004, Bank of America purchased Louisville, Kentucky-based National Processing Company for $1.4 billion from National City Corp. The renamed company- BA Merchant Services- processes one in every six VISA and MasterCard transactions. The company also provides financial solutions for travel and healthcare companies. BA Merchant Services is headquartered in Louisville.
In 2004, Bank of America acquired Boston, Massachusetts-based FleetBoston Financial for $47 billion to solidify Bank of America's position as the bank with the largest FDIC-rated deposit market share in the United States with $513 billion in deposits, well ahead of the number two bank holding company, newly-merged JPMorgan Chase-Bank One with $353 billion in deposits and number three Wells Fargo & Co. with $228 billion (As of June 30, 2003).
Bank of America Today
On June 30, 2005 the bank announced it would purchase credit card giant MBNA for $35 billion in cash and stock. The Federal Reserve Board gave final approval to the merger between Bank of America and MBNA on December 15, 2005. The merger closed on 1 January 2006, and the completion of the deal solidifies the Bank's position as the largest issuer of credit cards in the U.S., surpassing rival J.P. Morgan Chase. The assimilated former MBNA entity will be called Bank of America Card Services, and will also incorporate Bank of America's existing credit card operations. The combined Bank of America Card Services organization will have more than 40 million active U.S. accounts and nearly $140 billion in managed outstanding balances. Bank of America is already the world's leader in active debit cards.
Bank of America is currently constructing a massive new headquarters for its New York City operations. The skyscaper will be located on 42nd Street and Avenue of the Americas, at Bryant Park, and will feature state-of-the-art "green" - environmentally friendly - technology throughout its 1.2 million square feet (120,000 m²) of office space. After its completion, the building will be the headquarter for the company's investment banking division, and will also host most of Bank of America's New York based staff.
Divisions
Bank of America today comprises three main divisions.
Global Consumer and Small Business Banking
Global Consumer and Small Business Banking (GC&SBB) is the largest division in the company, and deals primarily with consumer banking and credit card issuance. The acquisition of FleetBoston in 2004 and MBNA in 2005 significantly expanded its size and range of services, resulting in about 51% of the company's total revenue in 2005. It competes directly with the retail banking divisions of Citigroup and JPMorganChase. The GC&SBB organization includes over 5,700 retail branches and over 17,000 ATMs across the United States.
MBNA merger
As a result of the merger with MBNA, Bank of America is now the largest issuer of credit, debit and prepaid cards in the world based on total purchase volume as well as the largest Consumer bank and #1 small business lender in the United States.
Global Corporate and Investment Banking
Global Corporate and Investment Banking (GCIB), also known as Banc of America Securities, provides mergers and acquisitions advisory, underwriting, as well as trading in fixed income and equities markets. Its strongest groups include Leveraged Finance, Syndicated Loans, and Mortgage Backed Securities. It also has one of the largest research teams on Wall Street.
Global Wealth and Investment Management
Global Wealth and Investment Management (GWIM) manages assets of institutions and individuals. It is among the 10 largest U.S. wealth managers (ranked by private banking assets under management in accounts of $1 million or more as of June 30, 2005). In July 2006, Chairman Ken Lewis announced that GWIM's total assets under management exceeded $500,000.
Controversy
Enron scandal
Bank of America was one of several banks linked to the fraudulent activities committed by Enron. In 2004, they settled a class action lawsuit brought on by Enron investors, for $69 million. The suit specifically claimed that Bank of America had "actively engaged and participated in the fraudulent scheme" and "furthered Enron's fraudulent course of conduct and business in several ways".
Under the settlement, the bank denies that it violated any law and explains that it settled the matter solely to eliminate the uncertainties, expense and distraction of further protracted litigation.
Raiding Social Security
In 2004, a California jury decided that Bank of America had illegally raided the Social Security benefits of a million customers. The jury awarded damages that could exceed $1 billion. Bank of America had been accused of withholding customers' direct deposit social security benefit payments to cover debts in cases where a debt is owed to the bank by the customer (e.g.: due to an overdrawn account, various service fees, etc.), this is in direct violation of California state law. The suit claims that Bank of America knew about the law, and concealed the facts of this law from their customers. Bank of America counters that it only followed standard industry practice of using monthly pre-authorized direct deposits to cover overdrafts and the like. -- The case is on appeal.
In 1999, a class action lawsuit was filed against Bank of America for engaging in the practice of "Biggest Check First" check-clearing. Put simply, the bank clears checks in order from biggest to smallest for transactions presented on the same business day, with less regard to what time they come in during that business day. Customers allege that this is purposely done, to cause more checks to bounce, triggering more overdraft fees for the bank to collect.
Here's an example: A customer has $1,000 in his checking account. Check numbers 101 through 104 come in for processing for $60, $10, $30 and $950, in that order. If the checks are processed by the check number or in ascending order (smallest to largest), the first three checks will clear and the fourth will bounce, meaning the customer will be charged one fee for insufficient funds. NationsBank (now Bank of America) can charge $19 to $35 for each bounced check. If the checks are processed largest to smallest, however, the $950 check will clear first, and the checks for $60, $30 and $10 will bounce, resulting in $57 to $105 in fees. (It depends on how many over drafts the customer has. The first is $19. It progressively rises to $35 with each additional.)
The bank employs the same practice for ATM and debit card transactions. Another example: A customer has $100 in her account. On Saturday she withdraws $80 from an ATM. On Sunday she buys a coffee using her debit card for $3 and puchases a small amount of gas for $15. As of Sunday night, she still has $2 remaining in her account. On Monday, her recurring monthly cable bill is auto-debited from her account, for $150. The bank clears this transaction even though the customer is now in the negative. This is standard grounds for an overdraft fee, so the customer expects to find one on her next statement.
However, when the customer checks her statement, she finds four overdraft charges. One for the cable bill, plus one for each of the debits over the weekend. The customer is naturally confused, as she had not overdrawn her account for any of the weekend transactions. Yet, the bank counts those charges as overdrafts because they do not post until the next business day (Monday), even though the transactions were all authorized over the weekend. Since the bank employs "biggest check first", the smaller weekend transactions clear after the cable bill that came in later in the business day. The customer get four overdraft charges total, instead of one.
BOA paid a $9M settlement and the lawsuit was dismissed without an admission of fault. Bank of America continues to process transactions from highest to lowest amounts. New York, California, and Nevada are currently fighting the practice.
When asked about the practice, bank representatives claim that it insulates the Bank from undue risk. By paying the largest items first, the Bank ensures that no loss is incurred on the largest items, by withdrawing the appropriate funds from the customer's account and honoring the largest, and most risky items. Smaller items, which may or may not be honored against a negative balance, depending on the account officer's decision, pose less liability to the Bank, and are therefore paid last. Also, regardless of when checks are written, their negotiation can happen in a number of ways, including direct presentment at the drawee bank, at which time funds are immediately reserved out of the customer's account to pay cash to the payee who cashes the item. Such policies are designed to reduce the risk of loss to the bank.
Furthermore, bank representatives also state that larger transactions typically represent more important items on a customer's account such as a mortgage or rent payment, car payment, insurance payment, utility payments, etc. By paying these items first, it is ensured that the customer's most important items are not affected, although smaller less important items may be affected.
Bank of America customers also claim that the bank's ATM and Online Banking systems can be confusing, and cause a false impression of the available balance. Customers claim that this increases the likelihood of incurring overdraft fees. Customers claim that when using their Bank of America debit card for purchases or ATM withdrawals, the amount of the charge is immediately deducted, then made available several days later, then deducted once again. This is as a result of the authorization hold process. If charges were made during the period when the money was temporarily back in the account, those charges go through - and incur an overdraft fee. BOA's response is that their Online Banking and ATM systems should be used in conjunction with a written account register so that customers are aware of all pending transactions on their accounts.
In fairness, the "Biggest Check First" policy is not unique to Bank of America, and is common among other large U.S. banks, such as JP Morgan Chase, Citibank, and Wachovia. BoA has increased the length of time [debit card] authorizations are listed as pending in online banking from 1 business day to 3 business days to reduce confusion over the actual available balance.
Online Bill Pay
Another relatively new policy Bank of America has implemented is the sending of automated bill payments without available funds -- and the related charging of fees. If previous Fleet or BankBoston customers had an automated bill payment set up but either scheduled the payment for the wrong day or else didn't deposit necessary funds in time, the bank would attempt to make the payments for three days until the money was available, before cancelling the payment attempt. As no money would be transferred unless funding was available, no fees were charged.
Bank of America, however, changed their policy to send the payments even with a zero balance, even electronic payments where it is clear the funds do not exist. They then charge customers up to $35 per scheduled payment. They also do not then cancel the payments, but continue to re-attempt the payments one more time, meaning that if customers do not deposit funds immediately into their account, they can be charged up to $35 per mistakenly scheduled payment, for up to two mistaken payments, or $35 per incident, where their previous banks would have charged nothing.
In February 2006 Bank of America also changed their online bill pay policy to send customers' automated bill payments without debiting the payments from their account until the day after they are processed by the payees' bank. This differs from most online banking customers' previous experience with having the funds immediately debited from their account to help keep their account balance positive, and would seem to be done purely to incur additional overdraft charges.
Online banking security
Website redirection weakness
In April 2005, Bank of America was the target of a phishing scheme that exploited a flaw in the Bank of America online banking website. Normally, a phishing link that accesses an illegitimate website can be detected by carefully reading the URL in the web browser. One URL for the Bank of America website allowed a second URL to be passed to the Bank of America website for redirection. This allowed the phishing link to access an illegitimate website through the Bank of America website and thereby display a "real" Bank of America URL while accessing the illegitimate site.
SiteKey
Announced in May of 2005, SiteKey, provided by Passmark Security, is an additional login step added to the Bank of America online banking website. If the Bank of America system recognizes the user's computer it displays a small image and a text token previously selected by the user. If the user does not recognize the image the user is instructed to not log in and call a phone number for "Electronic Banking Services." If the Bank of America system does not recognize the user's computer the user is asked one of three security questions that had previously been selected and answered by the user. The bank claims this as an added security measure to help reduce the likelihood of phishing attacks by allowing users to easily verify the authenticity of the server to which they are connected.
Though SiteKey will by no means render Bank of America customers immune to phishing attacks, it is a step in the right direction since it demands a two-way exchange of authenticating information: The Web server presents the user its credentials (your chosen image and text) as a means of proving they really are the bank. Only after seeing the image they have chosen, the bank instructs its users, should they, in turn, present their credentials (user ID and passcode).
Some people have noted that Sitekey, or at very least customer account numbers, may be subject to exposure via brute force attacks. When a user enters any valid bank account number, Sitekey prompts for the selection of the correct Sitekey. Thus it is possible to confirm the existence of a valid account by inspecting the format of a valid account number, cleverly tuning guesses of account numbers, and repeatedly submitting the numbers.
While the two-way authentication is currently an uncommon function among the consumer banking industry, the recognition of the user's computer, or more accurately, their browser, is still done in the normal way using HTTP cookies. Additionally, an Adobe Flash shared object is added to the user's computer that stores identifying details of customers, such as log-ins, in a way that is said to prevent most customers from finding or deleting them.
International operations
In 2005, Bank of America acquired a 9% stake in China Construction Bank, China's second largest bank, for $3 billion. It represented the company's largest foray into China's growing banking sector. Bank of America currently has offices in Hong Kong, Shanghai, and Guangzhou and is looking to greatly expand its Chinese business as a result of this deal. Bank of America has also invested in opening new branches in India, particularly Mumbai.
Bank of America operates under the name Bank Boston in many other countries, including Brazil. In Mexico, it operates under the name Bank of America.
Diversity
Bank of America was named one of the 100 Best Companies for Working Mothers in 2004 by Working Mothers magazine. Furthermore, Amy Woods Brinkley, the Bank's Global Risk Executive, and Barbara Desoer, the Bank's Global Technology and Service Fulfillment Executive, were named two of the most powerful women in Banking by US Banker magazine, and were among the "top 50 most powerful women in business," as ranked by Fortune.
Radio Financial Adviser Clark Howard takes on Bank of America
A San Francisco man, Matthew Shinnick, was arrested and jailed when he tried to verify the validity of a check at Bank of America branch after receiving a check from someone who had seen his ad for bicycles on craigslist.com. Radio financial adviser Clark Howard found out about this story and talked with the man, Matthew Shinnick, who has spent about $14,000 in legal fees to clear his name. He went into his bank to see if the check was legitimate and verify that there was money in the person’s account. He was told it was a valid account and so he cashed the check. At that point, BOA employees called the police and Shinnick was arrested on fraud charges because the check was actually a phony. He had no idea that the real criminal had used the name of a legitimate company to fake a check. So, Matthew sat in the bank branch for hours while police figured out what to do and then spent the night in jail. Once he got out, he wanted to clear his name legally so the arrest would not come back to haunt him. He had to hire attorneys to do this and it cost him nearly $14,000. He then went to Bank of America and asked that the bank cover his fees because it was the bank’s error. But so far BOA has refused. Clark Howard has had two officers from BOA to represent the bank, and stated he would cover half the legal costs if BOA would cover half. BOA has refused and Clark Howard stated that they have threatened legal action against him. Clark Howard has urged his listeners to withdraw their money and refuse to do business with Bank of America any longer. He keeps a running tally on how much money his listeners have withdrawn from BOA on his website, www.clarkhoward.com.
Major sponsorships
Bank of America owns the naming rights of several venues in the sports world.
* Bank of America Stadium, Charlotte - Carolina Panthers, NFL.
* Bank of America 500, a NASCAR race that is hosted annually at Lowe's Motor Speedway.
* Bank of America Colonial, a PGA Tour golf tournament.
* Official bank of
o Major League Baseball
o Minor League Baseball
o Little League
Ad campaigns that run during the Little League World Series and the World Series use the slogan "The Official Bank of Baseball."
External links
# Bank of America homepage
# Find this bank's branches on myBank.com
Source:-Wikipedia

