Defendant Name:
        
        Merrill Lynch, Pierce, Fenner & Smith Incorporated
    
    Defendant Type:
    
        Subsidiary of Public Company
    
    
        
            Document Reference:
        
        court_doc59_13-cv-00447
    
    Document Details
    
    
        
            Legal Case Name
        
        SEC v. Bank of America, N.A., Banc of America Mortgage Securities, Inc., and Merrill Lynch, Pierce, Fenner & Smith, Inc. f/k/a Banc of America Securities LLC
    
    
        
        
            Document Name
        
        
            Order Approving Plan of Distribution for Bank of America Mortgage Obligations Distribution Fund
        
    
    
        
        
            Document Date
        
        
            03-Jul-2018
        
    
    
    
        
        
            Document Format
        
        
            Civil Proceeding
        
    
    
    
        
            
                Case Number
            
            
                13-cv-00447
            
        
            
                
                    Federal District Court
                
                
                    North Carolina, Western District of North Carolina
                
            
                    
                
                    Federal District Judge
                
                
                    Max O. Cogburn, Jr.
                
            
     
    
    
        
            Allegation Type
        
        
            
            Securities Offering
        
    
 
    
        
            Document Summary
        
        
            The Court ordered: "The Plan is approved and the Distribution Fund shall be distributed in accordance with the Plan". 
        
    
 
    
    
        Disgorgement & Penalty Information
        
        
            
                Resolutions
            
                
                    
                        The Court ordered: "The Plan is approved and the Distribution Fund shall be distributed in accordance with the Plan". 
                    
                
                
                    
                        Fair Funds
                    
                
                
                    
                        Plan of Distribution
                    
                
         
             
        
    
            
    
        Related Documents:
            
                
                    Complaint
                
            
                On August 7, 2013, the SEC filed a complaint against Merrill Lynch, Pierce, Fenner & Smith, Inc., and other Bank of America Entities. The SEC alleged that the Bank of America Entities misrepresented and omitted certain material facts regarding residential mortgage-backed securities, "backed by more than $855 million of residential mortgages, known as BOAMS 2008-A, that was offered and sold in 2008.... As a result of the misstatements and omissions, the Bank of America Entities violated Sections 17(a)(2) and 17(a)(3) of the Securities Act " 
            
            
                
2013-148                
                
                    06-Aug-2013
                
                
                    Press Release--Civil Action
                
             
                
                    SEC Charges Bank of America With Fraud in RMBS Offering
                
            
                On August 6, 2013, the SEC announced that it "charged Bank of America and two subsidiaries with defrauding investors in an offering of residential mortgage-backed securities (RMBS) by failing to disclose key risks and misrepresenting facts about the underlying mortgages."
            
            
                
                    SEC Charges Bank of America Entities with Material Misrepresentations and Omissions in Connection with an RMBS Offering
                
            
                On August 7, 2013, the SEC issued a litigation release announcing that it "filed a civil injunctive action against Bank of America, N.A. ("BANA"), Banc of America Mortgage Securities, Inc. ("BOAMS"), and Merrill Lynch, Pierce, Fenner & Smith, Inc. f/k/a Banc of America Securities LLC ("BAS") (collectively the "Bank of America Entities"). The Commission alleges that the Bank of America Entities made material misrepresentations and omissions in connection with the sale of residential mortgage-backed securities known as BOAMS 2008A."
            
            
                
                    Final Judgment as to Merrill Lynch, Pierce, Fenner & Smith Inc. f/k/a Banc of America Securities LLC
                
            
                On November 25, 2014, Federal District Judge Max O. Coburn Jr. entered final judgment against Merrill Lynch, Pierce, Fenner & Smith Incorporated pursuant to the consent of Merrill Lynch, Pierce, Fenner & Smith Incorporated.
            
            
                
                    Order Authorizing Disbursement
                
            
                The Court ordered: "the Distribution Agent shall disburse the Net Available Distribution Fund in the amount of $119,758,536.86 to the six Eligible Claimants in accordance with the terms of the Distribution Plan and the motions." 
            
        
     
    
        Other Defendants in Action: