AIG 2012 Annual Report Download - page 313

.....................................................................................................................................................................................
Both matters filed by Behm are premised on the same key allegations. Behm claims that the AIG Entities wrongfully
terminated him from AIGGREAP in an effort to silence him for voicing opposition to allegedly improper practices
concerning the amount of AIG reserves for carried interest that Behm contends is due to him and others. The AIG
Entities contend that their reserves are appropriate, as Behm’s claims for additional carried interest are without merit.
Behm claims that, when he refused to accede to the AIG Entities’ position as to the amount of carried interest due,
he was targeted for investigation and subsequently terminated, purportedly for providing confidential AIG information
to a competitor, and its executive search firm. Behm argues that he did not disclose any confidential information;
instead, he met with several of the competitor’s representatives in order to foster interest in purchasing AIGGREAP.
On November 16, 2012, the arbitration panel ruled on Behm’s claims that had been submitted to arbitration (the
Award). Pursuant to the Award, on December 15, 2012, the AIG Entities paid Behm approximately $10.5 million in
full settlement of all claims submitted to the arbitration, with the exception that Behm retained rights to certain future
profit interests. The AIG Entities also paid Behm a portion of the fees and costs of the arbitration.
The Delaware Superior Court action is currently in discovery, and Behm has not articulated the specific amounts of
money that he claims are due. As a result, we are unable to reasonably estimate the possible loss or range of
losses, if any, arising from the litigation.
False Claims Act Complaint
..............................................................................................................................................................................................
On February 25, 2010, a complaint was filed in the United States District Court for the Southern District of California
by two individuals (Relators) seeking to assert claims on behalf of the United States against AIG and certain other
defendants, including Goldman Sachs and Deutsche Bank, under the False Claims Act. Relators filed a First
Amended Complaint on September 30, 2010, adding certain additional defendants, including Bank of America and
Soci ´ et ´ e G ´ en ´ erale. The amended complaint alleges that defendants engaged in fraudulent business practices in
respect of their activities in the over-the-counter market for collateralized debt obligations, and submitted false claims
to the United States in connection with the FRBNY Credit Facility and the ML II and ML III entities (the Maiden Lane
Interests) through, among other things, misrepresenting AIG’s ability and intent to repay amounts drawn on the
FRBNY Credit Facility, and misrepresenting the value of the securities that the Maiden Lane Interests acquired from
AIG and certain of its counterparties. The complaint seeks unspecified damages pursuant to the False Claims Act in
the amount of three times the damages allegedly sustained by the United States as well as interest, attorneys’ fees,
costs and expenses. The complaint and amended complaints were initially filed and maintained under seal while the
United States considered whether to intervene in the action. On or about April 28, 2011, after the United States
declined to intervene, the District Court lifted the seal, and Relators served the amended complaint on us on July 11,
2011. The Relators have not specified in their amended complaint an amount of alleged damages. As a result, we
are unable reasonably to estimate the possible loss or range of losses, if any, arising from the litigation.
2006 Regulatory Settlements and Related Regulatory Matters
..............................................................................................................................................................................................
In February 2006, AIG reached a resolution of claims and matters under
investigation with the United States Department of Justice (DOJ), the Securities and Exchange Commission (SEC),
the Office of the New York Attorney General (NYAG) and the New York State Department of Insurance (DOI). The
settlements resolved investigations conducted by the SEC, NYAG and DOI in connection with the accounting,
financial reporting and insurance brokerage practices of AIG and its subsidiaries, as well as claims relating to the
underpayment of certain workers’ compensation premium taxes and other assessments. These settlements did not,
however, resolve investigations by regulators from other states into insurance brokerage practices related to
contingent commissions and other broker-related conduct, such as alleged bid rigging. Nor did the settlements
resolve any obligations that AIG may have to state guarantee funds in connection with any of these matters.
As a result of these settlements, AIG made payments or placed amounts in escrow in 2006 totaling approximately
$1.64 billion, $225 million of which represented fines and penalties.
In addition to the escrowed funds, $800 million was deposited into, and subsequently disbursed by, a fund under the
supervision of the SEC, to resolve claims asserted against AIG by investors, including the securities class action and
shareholder lawsuits described below.
..................................................................................................................................................................................................................................
AIG 2012 Form 10-K296
2006 Regulatory Settlements.
ITEM 8 / NOTE 16. CONTINGENCIES, COMMITMENTS AND GUARANTEES