UPDATE 2-SEC demands jury trial in BofA/Merrill bonus case

Wed Oct 7, 2009 6:14pm EDT

* Trial date is March 1, 2010

* Judge rejected settlement last month (Adds Bank of America says preparing for trial)

NEW YORK Oct 7 (Reuters) - The U.S. Securities and Exchange Commission on Wednesday demanded a jury trial for its claims accusing Bank of America Corp (BAC.N) of misleading shareholders about bonuses to Merrill Lynch & Co employees before the companies merged on Jan. 1.

Last month, U.S. District Court Judge Jed Rakoff, upset that a settlement did not require disclosure of names of individual executives and lawyers who approved the bonuses, rejected a $33 million accord over the $3.6 billion in bonuses, and set a trial date For March 1, 2010.

"Pursuant to Rule 38 of the Federal Rules of Civil Procedure, plaintiff Securities and Exchange Commission demands trial by jury in this action of all issues so triable," the one-sentence filing in Manhattan federal court said.

Bank of America spokesman Lawrence DiRita said the bank was preparing for trial.

"We remain confident that we disclosed everything that we were required to and we are preparing for the opportunity to present the facts before the court and the jury," DiRita said.

Bank of America, based in Charlotte, North Carolina, faces many lawsuits and investigations by lawmakers and regulators over the Merrill merger, which made it the largest U.S. bank.

The case is SEC v. Bank of America Corp 09-6829 in U.S. District Court for the Southern District of New York (Manhattan) (Reporting by Grant McCool; Editing Bernard Orr)

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