Transcription of DAVID ROSENFELD ASSOCIATE REGIONAL …
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DAVID ROSENFELD ASSOCIATE REGIONAL …
DAVID ROSENFELD ASSOCIATE REGIONAL DIRECTOR Attorney for Plaintiff SECURITIES AND EXCHANGE COMMISSION New York REGIONAL Office Three World Financial Center, Suite 400 New York, New York 10281 (212) 336-0153 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES AND EXCHANGE COMMISSION, Plaintiff, No. 10 Civ. _ ECF Case -against-COMPLAINT AND BANK OF AMERICA CORPORATION, JURY DEMAND Defendant. Plaintiff Securities and Exchange Commission ("Commission"), for its complaint against defendant Bank of America Corporation ("Bank ofAmerica"), alleges as follows: SUMMARY OF ALLEGATIONS 1. The Commission charges Bank ofAmerica with violating the federal proxy rules by failing to disclose extraordinary financial losses at Merrill Lynch & Co., Inc. ("lYlerrill") prior to the shareholder vote to approve a merger between the two companies. 2. Spurred by Lehman Brothers' collapse and the calamitous repercussions in the financial markets, Bank ofAmerica and Merrill negotiated a merger over the weekend of September 13-14 and announced the merger agreement on September 15,2008.
DAVID ROSENFELD ASSOCIATE REGIONAL DIRECTOR Attorney for Plaintiff SECURITIES AND EXCHANGE COMMISSION New York Regional Office Three World Financial Center, Suite 400
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