Bank of America Corp was charged by the SEC on Monday with making materially false and misleading statements in the Merrill Lynch acquisition, court documents said.

* SEC says Bank of America said Merrill had agreed not to pay year-end

performance bonuses before the closing of the merger but that no such

agreement had been reached- court documents

* SEC says Bank of America had agreed to pay up to $5.8 billion in Merrill

bonuses, contrary to statements in merger agreement- court documents

* SEC says bank of America falsely claimed that Merrill had agreed not to

pay performance bonuses before closing of merger- court documents

* SEC seeks injunction barring Bank of America executives from breaking

securities laws and seeks fine

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