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Could Moynihan be CEO? Mum's the word

Lawmakers try to pry loose information about his status as possible Lewis successor during House panel hearing.

By Christina Rexrode
crexrode@charlotteobserver.com

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  • Gifford's high-flying perk

    At Tuesday's hearing, one lawmaker questioned Bank of America director Chad Gifford about his use of bank-provided aircraft, citing an Observer story published Nov. 7.

    The story reported that Gifford gets up to 120 hours' use of company-provided aircraft each year, as part of a retirement agreement he signed in 2005, the year after Bank of America bought his company, FleetBoston Financial Corp. The bank spent more than $1 million on Gifford's aircraft use last year, making him by far the most highly compensated director excluding Lewis. (However, Lewis is getting no pay for 2009 per government instructions.)

    Rep. Marcy Kaptur, a Democrat from Ohio, asked Gifford about the flights.

    Gifford replied that the perk was part of his retirement agreement, related to his "retiring early and so forth," and was not directly part of his compensation as a board member. "My compensation as a board member, excluding my retirement agreement, is the same as any other board member," Gifford said.

    Board members at Bank of America make at least $240,000 a year in cash and restricted stock.

    Kaptur urged Gifford to reshape the mores that have led to such big payouts. "You're a value setter in your industry," she told him. "... Nobody's against somebody making money, but when most of the public's incomes are going down and people are making extraordinary salaries and benefits, particularly when the public is supporting these institutions on life support, we have to behave differently."

    "Congresswoman," Gifford replied, "I can appreciate the difficulty of that."

    Christina Rexrode


Chad Gifford, who is a key part of the hunt for Bank of America's new CEO, kept his cards close when lawmakers asked him about the search on Tuesday.

"We are trying - and it's very difficult with the visibility of Bank of America - to keep this selection process confidential," Gifford told members of a House committee that is examining the bank's purchase of Merrill Lynch. "...It's very difficult for us when presumed candidates appear in the press. It makes it difficult for their current jobs."

Gifford was testifying alongside Brian Moynihan, who runs Bank of America's giant consumer banking unit. Moynihan is thought to be a leading internal candidate, along with chief risk officer Greg Curl, 61, to replace CEO Ken Lewis, who unexpectedly announced his resignation Sept. 30. Though Moynihan, 50, has a broad range of banking experience and is well liked by some board members, critics have said that the board needs to pick an outsider for the job to signal a fresh start.

On Tuesday, committee member Elijah Cummings, D-Md., asked Gifford if he was considering Moynihan for the CEO job.

"That's what I read in the newspapers," Gifford replied.

"What do you mean?" Cummings asked him.

"We have tried very hard, Congressman Cummings, not to be talking publicly about individuals," Gifford said.

Cummings said he was trying to figure out whether Moynihan is "the guy we've got to face when we are trying to deal with Bank of America when we've got $45 billion invested in the company."

"I'm just trying to figure out, is this the face that we're going to be facing?" Cummings said, then asked Gifford if Moynihan is a top candidate.

"He is a very talented executive at Bank of America," Gifford replied.

Committee Chairman Edolphus Towns, a New York Democrat, told Bloomberg News after the hearing he didn't find some of Moynihan's answers believable. "He didn't show the kind of leadership a company would seem to need."

But Republican Rep. Darrell Issa of California said, "He wanted to get out of there with his life, and I think he did that."

Bank of America's board and Lewis have been criticized for not having a successor in place immediately. It's not clear when the board will name a new CEO. The bank says it could be by Thanksgiving. Lewis' last day is Dec. 31.

"The longer this goes on, the worse it looks for the bank," Anthony Sabino, a partner at Sabino & Sabino in New York, said in an interview. That's because the lapse can imply that the board members are feuding or that they can't get any qualified candidates to take the job. "Now, this is officially dragging on."

One candidate whose name has generated speculation lately is UNC system President Erskine Bowles, a former investment banker. But in an e-mailed statement, Bowles said: "These are all just rumors."

The CEO search has special significance to Charlotte, the bank's headquarters city. Lewis, who was born and raised in the South, said throughout his tenure that the headquarters would stay in Charlotte even as the bank expanded on Wall Street.

At the Charlotte Chamber's annual meeting on Monday night, board member Chad Holliday Jr. hinted the headquarters are here to stay. "I look forward to many trips here year after year," he told audience members. When they applauded, he said, "Good catch."

Observer staff writer Rick Rothacker contributed.

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