Defendant Name: Merrill Lynch, Pierce, Fenner & Smith Incorporated

Defendant Type: Subsidiary of Public Company
Public Company Parent: Bank of America Corporation
SIC Code: 6021
CUSIP: 06050510

Document Reference: 33-9493

Document Details

Legal Case Name In the Matter of Merrill Lynch, Pierce, Fenner & Smith Incorporated
Document Name Order Instituting Administrative and Cease-and-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933 and Sections 15(b)(4) and 21C of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order
Document Date 12-Dec-2013
Document Format Administrative Proceeding
File Number 3-15642
Allegation Type Securities Offering
Document Summary On December 12, 2013, the SEC instituted settled administrative proceedings against Merrill Lynch for violations of federal securities laws in connection with its structuring and marketing of a series of collateralized debt obligation transactions (CDOs) in 2006 and 2007. According to the Commission, "MLPFS failed to inform investors in Octans I and Norma [CDO issuers named in the order] that an undisclosed third party named Magnetar Capital LLC had rights relating to, and exercised significant influence over, the selection of CDOs' collateral."

Disgorgement & Penalty Information

Resolutions
Cease and Desist Order
Censured
Monetary Penalties:

Disgorgement

Individual:     $56,286,000.00 Shared:    

Civil Penalty

Individual:     $56,286,000.00 Shared:    

Pre-Judgment Interest

Individual:     $19,228,027.00 Shared:    

Total Penalty

Individual:     $131,800,027.00 Shared:    

Related Documents:

2013-261 12-Dec-2013 Press Release--Administrative Proceeding
SEC Charges Merrill Lynch With Misleading Investors in CDOs; Firm Agrees to $131 Million Settlement
On December 12, 2013, the SEC announced that it, "charged Merrill Lynch with making faulty disclosures about collateral selection for two collateralized debt obligations (CDO) that it structured and marketed to investors, and maintaining inaccurate books and records for a third CDO."

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