Kenneth Lewis, Bank of America’s chief executive, will testify today in New York Attorney General Andrew Cuomo’s probe of $3.6 billion in bonuses paid at Merrill Lynch just before BoA took it over, a person familiar with the matter said, according to Bloomberg.

Mr Lewis, asked on Bloomberg Television yesterday about testifying, said, “I look forward to the chance to speak candidly and forthrightly and honestly and tell the story.” Mr Lewis didn’t say when he would be giving his deposition testimony.

After former Merrill Lynch CEO John Thain said earlier this month that he couldn’t name the bonus recipients, Mr Cuomo went to court to compel him to do so. Mr Thain testified again on 24 February for more than two hours, said his attorney, Andrew Levander.

The bonus payment issue is sensitive because Merrill Lynch and Bank of America have both received funds via the

US government’s Troubled Assets Relief Programme, or TARP.

Mr Cuomo has been examining whether Merrill broke securities laws when it paid the bonuses. He is cooperating with US Special Inspector General Neil Barofsky in a federal probe of executive pay at banks that received money from TARP.

Mr Thain, when questioned on 19 February by Cuomo’s office, wouldn’t identify individual bonus recipients, citing orders from Bank of America that he keep such information confidential.