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021909JT.txt
17
THE
WITNESS:
Certain individual
numbers
get
18
approved
at
a
final
Comp
Committee meeting, which19
was
sometime
in
December.
20
Q.
Did
Andrea smith
ever
sit
down
with
you21
before
the
end
of
2008 and
indicate
to
you
what
certain
22
types
of
employees
make
at
Bank
of
America
in
certain
23
types
of positions?
24
A.
Yes.
25
Q.
For example, a
Bank
of
America
equity
analyst
o
1
would
make
about
this
kind
of
money
--
that
type
of
a
2
thing.
3
A.
Yes.
It
wasn't equity
analyst
--
but
Bank
of
4
America
HR
person,
Bank
of
America Risk
person.
Yes.
5
Q.
which
categories
did
she
go
through with
you?
6
A.
I
don't
recall
specifically,
but
it
was
7
things
like
HR,
Risk, Legal.
8Q.
And
did
you
then
compare
that
in
your
own
9
mind
with
what
--strikethat.
10
Did you
share
with
Andrea Smith what
the
11
comparable
people
at
Merrill
made
in
those
positions?
12
A.
Yes.
13
Q.
Andhow
did
it
shake
out?
14
A.
This
discussion
is
what
led
to certain
15
changes
in
the
comp
numbers where
we
typically
brought
16
the
Merrill
number
down
to
be more
in
line
with
the
Bank
17
of
America number
--
I'm
sorry,
one
other
area
which I18
just
remembered
is
the
communications and
PR
area.
19
Q.
But
in
each
of
the
areas,
as
a
general
20
matter, theMerrill
employees
inthe
same
positions
werepage
95
109
021909JT.txt
21
earning
more
than
the
Bank
of
America
people
in
the
same
22
positions?
23A.
You
can't
make
that
blanket statement,
but
in
24
the
infrastructure
parts
of
the
business
that
was
25
generally
true.
o
110
1
MR.
LAWSKY:
Did
Andrea Smith focus
in
on
any
2
particular
people,
do
you
recall,
whose numbers she
3
thought
were
too big?
4
THE
WITNESS:
She
did
-
5
MR.
LAWSKY:
Or
too
small?
6
THE
WITNESS:
I
don't recall
any
of
them
7
being
too small.
Yes. she
did
have
some
8
individuals
who
she
thought
were
high,
who
we
9
changed and brought
down.
10
MR. LAWSKY:
who
do
you
remember
of
those
11
people?
12
MR.
LEVANDER:
I've
been
directed
not
to
13
disclose
by
the
company
individual
names
other
than
14
the
names
of
the
top
people
who
are
under
Section
15
16.
we
were
directed
by
Bank
of
America
counsel.
16
If
you
want
to
get
on
the
phone
with
Mr.
Liman
-
17
MR.
LAWSKY:
If
you
don't
want
to
tell
us
18
the
names,
you
can
just
say
"I
don't
want
to
tell
19
you
the
names."
20
MR.
LEVANDER:
He
has
no
problem
telling
the
21
names.
We
were
directed
by
counsel
for
Bank
of
22
America, and
I'm
following
that
direction.
23
MR.
LAWSKY:
I'm asking,
DO
you
want
to
give
24
us
the
names?page
96
021909JT.txt
25
MR.
LEVANDER:
He's given
you
the
category
-
IJ
1111
MR. LAWSKY:
I'm
notasking
you
for
the
2numbers
that
people
got.
I'm
asking
who
Andrea3Smith asked numbers
to
come
down
for.
Are
you
4
telling
me
Bank
of
America
doesn't
want
you
to
5
disclose
that?
6
MR.
LEVANDER:
That's
my
understanding,
but
7
I'll
tell
you what.
At
the
next break
I'll
try
to
8
find
out
if
that's
what
the
direction
was.9
MR. LAWSKY:
Let
the
record
reflect
the
10
witness
is
refusing
to
answer.11
MR.
LEVANDER:
At
direction
of
counsel
-at
12
the
direction
of
Bank
of
America's
counsel.
13
MR.
LAWSKY:
I'm not
calling
Mr.
Liman
14because
it's
your
deal
with
him,
but
if
you
can
15
work
that
out
it
would be
great.
16
(Exhibit
4
was
marked
for
identification.)
17
Q.
I'm
handing you
what's
been marked
as
Exhibit
18
4
-
19
MR. LAWSKY:
Let
me
follow
up
with
one
thing:
20was
it
your
understanding
that
Miss
smith
was21
speaking
with,
if
you
know,
with
Mr.
Alfin
22
regularly
based
on
your
conversations
withher?
23
THE
WITNESS:
It
was was
my
understanding.
24
MR.
LAWSKY:
How
about
Mr.
Lewis?
25
THE
WITNESS:
I
don't
know.
0
112page
97
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