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Massachusetts Secretary of State Files Suit Against Merrill Lynch & Co. for Securities Fraud

Secretary of State, William Galvin, has filed suit against Merrill Lynch & Co., the third-largest U.S. Securities firm, accusing Merrill of misleading investors about the stability of the auction-rate market at the same time the investment bank was marketing the securities.  According to a statement today from Secretary of State Galvin, Merrill “co-opted” its research department to help place the securities.  Galvin explained that Merrill “was aggressively selling” the securities “to investors and its auction desk was censoring the research analysts to make sure they downplayed” market risks. “[Merrill] knew the auction markets were in trouble, but the investors were the last to know.”

Merrill is the second bank sued by Galvin after Wall Street brokers abandoned their routine role as buyers of last resort for auction-rate securities in mid-February, allowing the $330 billion market to collapse. Massachusetts last month filed a complaint against UBS AG, Switzerland’s biggest bank.  A related investigation of Bank of America Corp. is ongoing.

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