Moynihan Touts Strength of Bank of America (NYSE: BAC)

By all reasonable measures, Brian Moynihan inherited a mess as Chief Executive of Bank of America (NYSE: BAC). Since taking over in January 2010 from outgoing CEO Ken Lewis, Moynihan had the unenviable task of ridding his firm of toxic assets acquired under the previous regime, and improve the balance sheet to comply with impending stringent capital requirements. In his own words, the Charlotte based banking behemoth needed a “fortress balance sheet.”

Last week, in a staff meeting broadcast company-wide, Moynihan claimed victory, announcing that Bank of America had realized that goal, and was now equipped with the “top capital” of all the big banks.

Moynihan told his employees “We’re going to officially declare victory on one of those operating principles. The reason why is, we have the top capital in the industry, the top liquidity in the industry.”

The confident Moynihan reiterated that Bank of America was now ahead of its peers, touting the industry’s best balance sheet, improved capital, and perhaps a newfound ability to increase dividends for shareholders.  However, Moynihan chose his words carefully regarding that last item, suggesting the possibility that such an increase in payout would be “on the table” for 2013, but making no guarantees.  The CEO said he didn’t wish to “get ahead” of the Federal Reserve’s 2013 approval process and promise increased dividends before they’ve been officially sanctioned, a lesson he undoubtedly learned after making that very mistake last year.

However, in spite of Moynihan’s brazen confidence in the position of his company, some analysts believe he may be over selling Bank of America’s advantages over its peers.  Paul Miller, an Analyst at FBR Capital Markets, has stated the large gains in capital that Moynihan has been trumpeting may not be so large in reality. In truth, Miller explained, Bank of America’s capital could still be significantly lessened by costs from defective mortgages and impending litigation that Moynihan failed to consider. “They still have a lot of liabilities, and it’s going to put pressure on their capital base if these lawsuits go the other way,” Miller said. “What he has done is shrunk the balance sheet more than generated a lot of capital.”

Bank of America’s darkest days may be behind them, but the clouds continue to hang over. The firm continues to struggle with the former Countrywide business, and integrating the Merrill Lynch brand and managing turnover remains difficult. BofA isn’t all the way back yet, but is showing significant improvement under Moynihan’s reign. The celebration might be a bit premature, but could be warranted in the future