SEC brings second lawsuit against BofA

NEW YORK (CNNMoney.com) -- The reigning mantra at the Securities and Exchange Commission these days may be try, try again.

Just a day after a federal judge rejected the agency's request to expand the list of charges it was bringing against Bank of America (BAC, Fortune 500), Wall Street's top cop filed a new, though nearly identical, complaint against the company.

In a court filing Tuesday, the SEC again alleged that Bank of America failed to alert investors about the potential losses at Merrill Lynch before the deal closed.

"Bank of America kept shareholders in the dark as they were called upon to vote on the proposed merger," the agency wrote.

The latest charges could lead to yet another trial between Bank of America and the SEC about the bank's purchase of Merrill Lynch.

The two parties are already tentatively set to square off in court in March over charges that it allegedly lied in its proxy statement, telling shareholders it would not pay out bonuses paid to Merrill employees in fiscal year 2008.

Later on, it came to light that the Charlotte, N.C.-based lender paid out a total of $3.6 billion to Merrill employees that year. Bank of America had originally worked out a $33 million settlement with the SEC over the matter, but U.S. District Court Judge Jed Rakoff, who is overseeing the case, threw out the agreement.

In a statement issued Monday, Bank of America characterized the SEC's newest claim as having no legal basis, adding that addressing the new charge would delay its effort to defend itself.

"Despite this vindication, we believe the new claims the SEC seeks to bring are without merit and we will oppose this motion," the company said in a statement.