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obligations, mortgage-backed securities, credit default swaps could perform in the next two months, november and december. the forecast said it would have zero effect on merrill lynch s bottom line. bank of america saw the document but did not show us they did any analysis to make up for merrill commissions. on the contrary, the evidence we have suggests that bank of america pulled a number out of thin air. far from being consistent with the actual experience of october or what they knew about the third quarter, the guess, wistfully assumed that the markets for collateralized debt obligation and credit default swaps would be significantly better in november and december. it was assumed that merrill lynch would almost break even for november. then the attorneys at bank of america went to work. they did not question the financial information they were given. . e financial information they were given. they begin with the assumption additional shareholder disclosure was necessary

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