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On Tuesday, the SEC announced that it had filed a complaint in the Southern District of New York charging Bank of America with violating the federal proxy rules by failing to disclose extraordinary financial losses at Merrill Lynch prior to a BofA shareholder vote to approve a merger between the two companies
On February 4, New York Attorney General Andrew Cuomo, joined by Neil Barofsky, the special inspector general of the Troubled Asset Relief Program, announced civil fraud charges against Bank of America, former Chief Executive Officer Kenneth Lewis and former Chief Financial Officer Joe Price for failing to disclose material information to shareholders prior to their vote to approve the merger with Merrill Lynch
The SEC’s proxy access rule, which would allow stockholders to have their nominees for director positions included in the company’s proxy materials, is under challenge in the U.S. Court of Appeals for the D.C. Circuit
