NEW YORK — Bank of America Corp.'s former general counsel was fired in 2008 to create an opening for Brian Moynihan, who later succeeded Kenneth D. Lewis as chief executive, the Securities and Exchange Commission said Wednesday.

In a court filing Wednesday, the SEC, citing Lewis, said Timothy Mayopoulos, the bank's former general counsel, wasn't terminated in December 2008 because of his job performance or his legal advice.

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