That was paid to four investors who opted out of the class-action settlement.
"It's typical in a class-action settlement that the rate of claims goes way up at the end."
The company also set aside $142 million for class-action settlements last year.
He agreed to pay $4 million in cash for the class-action settlement.
It has been trying to find a class-action settlement.
The class-action settlement, a person close to the company said, will be for roughly $100 million.
It has since expanded to medical records and support for class-action settlements.
Merrill has already paid out more than $100 million in class-action settlements.
Officials in five states had been campaigning against the class-action settlement.