Merrill Lynch may have misled Congress in representing last November that it planned to pay out bonuses at year end, when in fact it decided to accelerate those payouts, New York Attorney GeneralAndrew Cuomo said yesterday, according to media reports.

The attorney general also said Merrill traders may have delayed taking hefty losses late last year until after the company decided to pay out $3.62 billion of overall bonuses.

Mr Cuomo also again rejected the attempt byBank of America, which bought Merrill on 1 January, to keep the names of bonus recipients confidential, after the bank's chief executive,Kenneth Lewis, said he had never in 40 years of banking demanded confidentiality.

The allegations were made in filings with the New York State Supreme Court in Manhattan, two days before Justice Bernard Fried is expected to hold a hearing on whether to keep bonus details private.

Bank of America spokesmanScott Silvestri said the Charlotte, North Carolina-based bank has continually offered to provide Mr Cuomo with information on Merrill bonuses "subject to reasonable confidentiality."

The bank has previously said it would suffer "grave harm" in agreeing to all of Mr Cuomo's demands, citing concerns about competitors poaching staff and privacy.

Mr Cuomo is examining whether the bonuses violated securities laws, and whether Bank of America should have disclosed more about Merrill's condition sooner.