Bank of America says AML remediation costs sit in the run rate after a $1.21 billion Treasury penalty
Bank of America paid a $1.21 billion penalty to three Treasury bureaus in the third quarter, CEO Brian Moynihan said. Regulator-required remediation continues, and Jefferies' David Chiaverini calls the consent order's duration the key debate.
The Investor · Invest desk

Key figures: third-quarter net income of $6.9 billion; implied year-earlier third-quarter net income of about $8.3 billion; about $0.2 billion of the net income decline sits outside the $1.21 billion penalty.
| Figure | Value | Note | Claim |
|---|---|---|---|
| Third-quarter net income | $6.9 billion | 8 | |
| Year-earlier net income | $8.3bn about | 16 | |
| Drop outside penalty | $0.2bn about | 18 |
What happened
- Third-quarter revenue rose about 3% to $30 billion, so the 17% fall in net income came with a growing top line.
- Global banking took in $2 billion, down 4.5% from a year earlier, driven at least partly by an 11% fall in investment-banking fees.
- Treasury Secretary Scott Bessent said that when a bank of this size fails on AML and sanctions obligations, "the consequences extend far beyond its own walls."
- Asked whether the penalties might constrain the bank, CFO Alastair Borthwick said: "There's no asset cap here, so there's nothing there."
Why it matters
- constraint With an asset cap ruled out by management, the open limit is the one Jefferies names: how long the consent order lasts and whether it impedes operations.
- cost Shareholders absorbed the full $1.21 billion in one quarter, and roughly $0.2 billion of the year-on-year profit decline came from causes outside the penalty.
- contradiction Moynihan calls the matter resolved and a settlement, yet says the team is committed to completing the work regulators require.
- decision Borthwick says remediation will not crowd out other spending. Investors can test that by watching whether the expense base holds in later quarters without a separate remediation line.
The penalty accounts for most of the quarter's profit decline, though not quite all of it. Net income was $6.9 billion, down 17% [8], which implies about $8.3 billion a year earlier [16] and a drop of roughly $1.4 billion [17]. Set the $1.21 billion penalty [7] against that and about $0.2 billion is left for other causes [18]. The inputs are rounded and tax treatment would move the result, so treat the remainder as a range. American Banker wrote that the pain from regulators "wasn't the only problem" [14]. Jefferies' David Chiaverini called the quarter a "modestly weaker print" and put the weakness "mostly on fees" [5].
Moynihan's claim has two parts. He said on the call: "That penalty is paid, in the third quarter. The expenses are in the run rate." [1] The first part is a past cash item. The second is a level, and a level holds only while remediation spend stays at or below what the expense base already carries. The American Banker account does not include a dollar figure for that spend, so the claim cannot yet be tested against a number.
Borthwick extended the claim to other spending. "It won't crowd out anything either, because we've invested the technology and we've invested the people that we feel like we need to get the work done," he said [12]. He added: "It should not impact our clients in any way." [15] In allocation terms that is a statement about what the bank is not doing, which is cutting other projects to fund the fix. If it is wrong, the expense lines over the next few quarters will show it.
Remediation itself continues. "We have agreed to call this a settlement and move forward," Moynihan said [4], and in the same discussion he said the team is "committed to completing the work required to be addressed by the regulators" [2]. Chiaverini wrote that "we believe remediation costs are largely embedded in the current expense base" [3], then named the open item: "The key debate is how long the consent order could be in place and the extent to which it could impede operations, if at all." [6]
We think the earnings frame holds for now. A paid penalty is a closed cash item, and Chiaverini reaches the same conclusion on cost. The counter-thesis is duration: remediation tied to a consent order of unknown length turns a run rate that looks sufficient this quarter into a standing expense. If the order is short, the line fades; if it is long and the current base absorbs it, management is right; if it carries operating limits, the earnings frame fails. Borthwick's answer to the last case was "There's no asset cap here, so there's nothing there" [11].
What would change our view is a quarter in which remediation has to be broken out above the run rate, or a restriction on operations that management has not yet disclosed.
What to watch
- Whether BofA's next quarterly expense disclosure shows remediation spend staying inside the run rate Moynihan described.
- Any disclosure of the consent order's length or operating limits, the item Jefferies' Chiaverini calls the key debate.
Clarity's read
What the record supports and how the coverage leans. The claims behind it follow.
Reality
- Evidence55
- Adoption
- Insufficient
- Hype gap+20
- Incentives
- Insufficient
- Confidence60
Claim ledger
Ranked by verification strength, evidence, and original report placement.
- [1]
CEO Brian Moynihan said on the Wednesday earnings call: "That penalty is paid, in the third quarter. The expenses are in the run rate."
- [2]
Moynihan said the team is "committed to completing the work required to be addressed by the regulators."
- [3]
Jefferies analyst David Chiaverini wrote: "While the charge is a meaningful one-time hit, we believe remediation costs are largely embedded in the current expense base."
- [4]
Moynihan said: "We have agreed to call this a settlement and move forward."
- [5]
Chiaverini called the results a "modestly weaker print" and wrote: "We view the quarter as lighter, mostly on fees, as Markets missed and results came in a bit weaker than the prior guide."
- [6]
Chiaverini wrote: "The key debate is how long the consent order could be in place and the extent to which it could impede operations, if at all."
- [7]
On Tuesday, three different bureaus of the U.S. Treasury Department hit Bank of America with $1.21 billion in penalties over anti-money-laundering shortfalls, one day before its third-quarter earnings call.
- [8]
Third-quarter net income was $6.9 billion, down 17% from last year's third quarter, at least partly as a result of the fines.
- [9]
Third-quarter revenue rose by about 3%, reaching $30 billion.
- [10]
Treasury Secretary Scott Bessent said: "When a bank of this size fails to meet its anti-money laundering and sanctions obligations, the consequences extend far beyond its own walls."
- [11]
Asked whether the penalties and other remediation measures might constrain the bank, CFO Alastair Borthwick said: "There's no asset cap here, so there's nothing there."
- [12]
Borthwick said: "It won't crowd out anything either, because we've invested the technology and we've invested the people that we feel like we need to get the work done."
- [13]
Global banking took in $2 billion, down 4.5% year-over-year, driven at least partly by an 11% decrease in investment-banking fees.
- [14]
American Banker wrote that the pain from regulators wasn't the only problem for the bank's third-quarter results.
- [15]
Borthwick said: "It should not impact our clients in any way."
- [16]
Implied year-earlier third-quarter net income is about $8.3 billion.
- [17]
The year-on-year decline in net income is roughly $1.4 billion.
- [18]
About $0.2 billion of the net income decline sits outside the $1.21 billion penalty, within the rounding of the reported figures.
Get this ledger inside ChatGPT. Ask about any of our stories and the answer brings its figure, each claim’s verdict and the sources. Free, no account.
Sources
2 independent publishers whose own reporting we read for this story.
- americanbanker.comBofA says it's ready to 'move forward' after $1.21B penalty
1 article · October 14, 2026
- seekingalpha.comBank of America Corporation (BAC) Q3 2026 Earnings Call Transcript
1 article · October 14, 2026
Topics and entities
Follow any of these and your For You feed starts watching them — no settings page required.
Topics
- Bank regulation and enforcementFollow
- Bank earningsFollow
- Anti-Money-Laundering ComplianceFollow
Entities
- Scott BessentFollow
- JefferiesFollow
- Bank of AmericaFollow
- David ChiaveriniFollow
- US Department of the TreasuryFollow
- Alastair BorthwickFollow
- Brian MoynihanFollow