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Auction Rate Securities - Meissner Firm Criticize FINRA Release - Eaton Vance Corp, BlackRock, Legg Mason Nuveen Investments Auction Rate Securities

November 3, 2008

LET 'EM EAT CAKE

BOFA'S BARE-BONES BONUSES MAY SPUR MERRILL EXODUS

By KAJA WHITEHOUSE and MARK DeCAMBRE - New York Post

The honeymoon that followed the Vegas-style marriage of Merrill Lynch and Bank of America appears to be over.

According to people familiar with the matter, a culture clash between the two banks has reared its head as some of Merrill's brokers balk at the retention bonuses BofA is offering to keep them on board.

The dissatisfaction has reached such a fever pitch that between 20 percent and 30 percent of the 16,800-strong brokerage force - Merrill's crown jewel - might jump ship, according to some Merrill brokers and Wall Street observers. Merrill officials estimate the departures will amount to no more than 15 percent of staff, sources said.

Some brokers said they're unhappy with the amounts they've been offered to stay on - especially among those earning under $1 million a year.

Other brokers said they're nervous about conditions attached to the bonuses, such as one that some contend forbids them to communicate with clients if they leave BofA.

Merrill officials deny its brokers will be prohibited from traditionally accepted levels of contact with clients when they leave, saying "suggestions to the contrary are likely the product of those who want to recruit our financial advisers to other firms."

Whatever the case, the mutterings raise fresh concerns that Merrill's employees may not fit in with the traditional, scrappier banking culture of their new parent company.

The brokerage firm, which agreed to be bought by BofA in September, long had a reputation for nurturing employees and treating them like gold, hence the nickname, "Mother Merrill."

"Of course, people are disappointed, but Bank of America is known for not being very generous," said one Merrill broker, who's dissatisfied with her bonus.

Officials declined to comment on criticisms of its bonus pool, but a person close to the situation told The Post the bulk of the bitterness is coming from the lowest-producing advisers - a group Merrill is looking to shed.

Indeed, some brokers have been offered zilch to stay on board the combined team, while those who have been offered bonuses - just 50 percent of the work force - represent nearly 80 percent of Merrill's broker business, this person said.

"Where are [these brokers] going to go?" this person said, noting competitors like UBS and Morgan Stanley "have had their own problems."

Nevertheless, competitors like Morgan and UBS are aggressively recruiting, sometimes promising double what the Merrill brokers are being offered in retention bonuses.

And given the turmoil from the merger, "everyone's targeting Merrill," said an official from a competing firm.

"Definitely anyone that has a significant book of business or a significant client base is very valuable and it would not be hard for them to find another home," said Stuart D. Meissner, a securities lawyer who's been fielding calls from Merrill brokers over the retention bonuses.

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