8-K: Current report filing
Published on September 17, 2003
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): September 17, 2003
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Merrill Lynch & Co., Inc.
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(Exact Name of Registrant as Specified in its Charter)
Delaware 1-7182 13-2740599
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(State or Other (Commission (I.R.S. Employer
Jurisdiction of File Number) Identification No.)
Incorporation)
4 World Financial Center, New York, New York 10080
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(Address of Principal Executive Offices) (Zip Code)
Registrant's telephone number, including area code: (212) 449-1000
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(Former Name or Former Address, if Changed Since Last Report.)
Item 5. Other Events
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On September 17, 2003, an indictment against three former Merrill Lynch
employees was unsealed. The indictment charged the three former employees with
criminal misconduct in connection with a Nigerian Barge transaction that the
government alleged helped Enron inflate its 1999 earnings by $12 million. The
Department of Justice has agreed not to prosecute Merrill Lynch for crimes that
may have been committed by its former employees related to the transaction,
subject to certain understandings, including Merrill Lynch's continued
cooperation with the Department, its acceptance of responsibility for conduct of
its former employees, and its agreement to adopt and implement new policies and
procedures related to the integrity of client and counter-party financial
statements, complex structured finance transactions and year-end transactions.
* * *
Certain statements contained in this report may constitute forward-looking
statements. These forward-looking statements are not statements of historical
facts and represent only Merrill Lynch's beliefs regarding future events, which
are inherently uncertain. Readers are cautioned not to place undue reliance on
forward-looking statements, which speak only as of the date on which they are
made. Merrill Lynch does not undertake to update forward-looking statements to
reflect the impact of circumstances or events that arise after the date the
forward-looking statement was made. The reader should, however, consult any
further disclosures Merrill Lynch may make in its reports on Form 10-K, Form
10-Q and Form 8-K.
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, hereunto duly authorized.
MERRILL LYNCH & CO., INC.
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(Registrant)
By: /s/ Judith A. Witterschein
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Judith A. Witterschein
Corporate Secretary
Date: September 17, 2003
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