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Securities and Exchange Commission v. Bank of America Corporation

United States District Court for the Southern District of New York

653 F. Supp. 2d 507 (S.D.N.Y. 2009)

Relevant factsFree

The SEC (plaintiff) alleged Bank of America (defendant) falsely told shareholders that Merrill would not pay year-end bonuses before their merger, when Bank of America had actually authorized up to $5.8 billion in such bonuses; the parties proposed a Consent Judgment enjoining future false statements and imposing a $33 million fine, with Bank of America neither admitting nor denying wrongdoing, and sought the court's approval on the day the suit was filed.

IssueFree

Whether a court will approve a consent judgment that is not fair, reasonable, and adequate.

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