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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

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Illustration accompanying Bank of America says AML remediation costs sit in the run rate after a $1.21 billion Treasury penalty
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Fines helped cut BofA's quarterly profit 17% Bank of America third-quarter net income, the implied year-earlier figure, and the part of the decline outside the $1.21 billion penalty.

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.

Fines helped cut BofA's quarterly profit 17%
FigureValueNoteClaim
Third-quarter net income$6.9 billion8
Year-earlier net income$8.3bn about16
Drop outside penalty$0.2bn about18

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.

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Reality

Evidence55
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Hype gap+20
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Claim ledger

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  1. [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."

    Reported Supported Source: Brian Moynihan, BofA CEO, via American Banker2 sources— create a free account to open themView cited source
  2. [2]

    Moynihan said the team is "committed to completing the work required to be addressed by the regulators."

    Reported Supported Source: Brian Moynihan via American Banker2 sources— create a free account to open themView cited source
  3. [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."

    Reported Supported Source: David Chiaverini, Jefferies, research note via American Banker2 sources— create a free account to open themView cited source

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Sources

2 independent publishers whose own reporting we read for this story.

  1. americanbanker.com

    1 article · October 14, 2026

    BofA says it's ready to 'move forward' after $1.21B penalty
  2. seekingalpha.com

    1 article · October 14, 2026

    Bank of America Corporation (BAC) Q3 2026 Earnings Call Transcript

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