AIG, among the largest corporations in the United
States, is the world's leading international insurance
and financial services organization, with operations
in more than 130 countries and jurisdictions. One
investment firm wrote in 2000, "We have come to view
AIG as almost the equivalent of a sovereign corporate
nation, with its own diplomatic ties, economy, and
head of state."
Unfortunately, charges of price fixing involving AIG
have recently made headlines. Furthermore, there is
evidence that AIG arranged deals to manipulate its own
financial data and that of other companies. It is a
troublesome indication of fraud perpetrated at the
highest levels of some of our most respected corporate
and financial institutions.
PRICE FIXING
Eliot Spitzer has accused several insurance companies
-- including AIG, ACE, The Hartford, Munich American
Risk Partners and others -- of steering contracts and
bid rigging in a scheme that raises victims' insurance
premiums.
Spitzer outlined one scheme involving AIG: When an AIG
policy was up for renewal, Marsh & McLennan took the
following steps to assure that AIG would win back the
business. Marsh provided AIG with a "target premium
and the policy terms" for the quote. By agreeing to
the quote, AIG kept the business, even in cases where
it could have quoted lower premiums. Marsh then let
other carriers know what the winning quote was and had
them submit an inflated, more expensive backup quote,
or "B Quote," which made AIG's quote more attractive.
Spitzer said such cooperation was in effect an
"entrance fee" to gain future business. Former AIG
executive Marc Vivori claims, "They were not acting in
the best interests of their clients. At a minimum,
they had an obligation to disclose any contingent
commission arrangement with their clients."
AIG FINANCIAL FRAUD
Investigators are looking into the possibility that
AIG attempted to overstate its financial well being.
The Wall Street Journal recently commented on AIG's
relationship with Excess Reinsurance and Richmond
Insurance. "There are signs that AIG controlled the
companies, but it accounted for its business with the
pair as if each was unaffiliated with it...If they
were affiliated, then AIG in effect was buying
reinsurance from itself. That would mean that the
nearly $1.2 billion in reinsurance 'recoverables' that
its 2003 financial statements list...are actually
AIG's own obligation."
Also under scrutiny is a transaction involving General
Re,a reinsurance company. In 2000, General Re agreed
to pay AIG a $500 million premium, and in return AIG
assumed the risk from a number of policies General Re
had sold to other companies. However, investigators
claim that there was essentially minimal risk
associated with these policies. Therefore, these
transactions should have been classified as loans that
would have decreased AIG's stated income.
On the reverse side of the coin, AIG was busy
marketing policies whose main purpose was to help
companies manipulate earnings. A 1997 internal
document outlined a new form of "nontraditional
insurance" whose main benefit would be "income
statement smoothing."
One type of nontraditional insurance, "finite risk
insurance," is a policy that regulators claim can be
manipulated to help companies overstate their
financial positions. As such, Fitch Ratings analyst
Michael Barry noted, "The primary purpose is not true
risk transfer in the traditional sense, but financial
statement enhancement."
Recently, the Securities and Exchange Commission
announced that American International Group Inc.
agreed to pay $10 million to settle fraud charges
related to its role in an accounting fraud at
Brightpoint, a cell phone distributor.
"This case shows that the Commission will pursue
insurance companies and other financial institutions
that market or sell so-called financial products that
are, in reality, just vehicles to commit financial
fraud," said Stephen M. Cutler, director of the SEC's
Division of Enforcement, in a statement.
"AIG worked hand in hand with Brightpoint personnel,"
said Wayne M. Carlin, regional director of the
commission's Northeast Regional Office, "to
custom-design a purported insurance policy that
allowed Brightpoint to overstate its earnings by a
staggering 61 percent." Added Carlin: "This
transaction was simply a 'round-trip' of cash from
Brightpoint to AIG and back to Brightpoint. By
disguising the money as 'insurance,' AIG enabled
Brightpoint to spread over several years a loss that
should have been recognized immediately."
AIG agreed to make it appear that Brightpoint was
paying premiums in return for an assumption of risk by
AIG, the SEC elaborated in its complaint. "In fact,
Brightpoint was merely depositing cash with AIG that
AIG refunded to Brightpoint," it added.
"That company was a black box run with an iron fist by
a CEO who did not tell the public the truth," said
Spitzer, according to Reuters. "That is the problem."
Spitzer accuses AIG of deliberately creating false
transactions in order to deceive investors.
"The evidence is overwhelming that these were
transactions created for the purpose of deceiving the
market. We call that fraud," Spitzer reportedly
asserted. "It is deceptive. It is wrong. It is
illegal."
Unfortunately, many investors and others have suffered
because of these practices.
Improper practices of the insurance giant may cost
California taxpayers $400 million in investment
losses, according to California Treasurer Phil
Angelides and the leader of the state's major pension
fund, CalPERS. There is also potential liability of
AIG auditor PricewaterhouseCoopers for losses incurred
as a result of the scandal. It was claimed that
opposition by state pension funds to Pricewaterhouse
serving as the firm's auditor last year was due to the
fact that the accounting company also provided
consulting services to AIG.
If you or your company have suffered because of these
fraudulent practices, involving insurance policy
overpayment or investment losses, contact us
immediately so that we may help you recover your
losses.
Wall Street Fraud is dedicated to aggressively
recovering annuities losses and stock market losses
caused by brokerage firms and investment counselors.
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