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By Rick Rothacker

Oct 17 (Reuters) – Bank of America Corp eked out a

third-quarter profit even after taking $1.6 billion of

litigation charges, as the second-largest U.S. bank set aside

less money to cover bad loans.

The results show Chief Executive Brian Moynihan is still

haunted by acquisitions forged during the financial crisis. The

bank last month agreed to pay $2.4 billion to settle claims that

it hid crucial information from shareholders when it bought

investment bank Merrill Lynch & Co at the height of the

financial crisis.

Bank of America had already set aside some money for the

settlement, but it said last month that the pact, a UK tax

charge and an accounting charge related to the value of its debt

would reduce third-quarter earnings by 28 cents per share.

To boost profits, the bank launched a broad cost-cutting

program in 2011 that aims to eliminate $8 billion in annual

expenses and 30,000 jobs.

But even with that project, called “New BAC,” noninterest

expenses rose nearly 1 percent in the latest quarter to $17.54

billion.

The bank on Wednesday posted net earnings of $340 million,

or nil per share, for the quarter, compared with $6.2 billion,

or 56 cents a share, in the same period a year earlier, when the

sale of assets and accounting benefits boosted earnings.

Analysts’ average earnings estimate was a loss of 7 cents

per share, according to Thomson Reuters I/B/E/S. It was not

immediately clear if the results were comparable.

In its earnings presentation, Bank of America provided more

clarity on possible losses from repurchases of soured loans that

it sold to investors during the housing boom. It said it could

lose up to $6 billion above its current reserves on claims from

Fannie Mae and Freddie Mac as well as

private investors. It previously said its losses beyond reserves

could be up to $5 billion for private investors only.

In a conference call with reporters, Chief Financial Officer

Bruce Thompson said the bank still has disagreements with Fannie

Mae over claims and has not reached any settlement with the

government-controlled mortgage finance company.

Bank of America had $16.3 billion in reserves for repurchase

claims at the end of the third quarter.