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Bring on tomorrow - AIG.com

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ITEM 8 / NOTE 16. CONTINGENCIES, COMMITMENTS AND GUARANTEES.....................................................................................................................................................................................Both matters filed by Behm are premised <strong>on</strong> the same key allegati<strong>on</strong>s. Behm claims that the <strong>AIG</strong> Entities wr<strong>on</strong>gfullyterminated him from <strong>AIG</strong>GREAP in an effort to silence him for voicing oppositi<strong>on</strong> to allegedly improper practicesc<strong>on</strong>cerning the amount of <strong>AIG</strong> reserves for carried interest that Behm c<strong>on</strong>tends is due to him and others. The <strong>AIG</strong>Entities c<strong>on</strong>tend that their reserves are appropriate, as Behm’s claims for additi<strong>on</strong>al carried interest are without merit.Behm claims that, when he refused to accede to the <strong>AIG</strong> Entities’ positi<strong>on</strong> as to the amount of carried interest due,he was targeted for investigati<strong>on</strong> and subsequently terminated, purportedly for providing c<strong>on</strong>fidential <strong>AIG</strong> informati<strong>on</strong>to a <strong>com</strong>petitor, and its executive search firm. Behm argues that he did not disclose any c<strong>on</strong>fidential informati<strong>on</strong>;instead, he met with several of the <strong>com</strong>petitor’s representatives in order to foster interest in purchasing <strong>AIG</strong>GREAP.On November 16, 2012, the arbitrati<strong>on</strong> panel ruled <strong>on</strong> Behm’s claims that had been submitted to arbitrati<strong>on</strong> (theAward). Pursuant to the Award, <strong>on</strong> December 15, 2012, the <strong>AIG</strong> Entities paid Behm approximately $10.5 milli<strong>on</strong> infull settlement of all claims submitted to the arbitrati<strong>on</strong>, with the excepti<strong>on</strong> that Behm retained rights to certain futureprofit interests. The <strong>AIG</strong> Entities also paid Behm a porti<strong>on</strong> of the fees and costs of the arbitrati<strong>on</strong>.The Delaware Superior Court acti<strong>on</strong> is currently in discovery, and Behm has not articulated the specific amounts ofm<strong>on</strong>ey that he claims are due. As a result, we are unable to reas<strong>on</strong>ably estimate the possible loss or range oflosses, if any, arising from the litigati<strong>on</strong>.False Claims Act Complaint..............................................................................................................................................................................................On February 25, 2010, a <strong>com</strong>plaint was filed in the United States District Court for the Southern District of Californiaby two individuals (Relators) seeking to assert claims <strong>on</strong> behalf of the United States against <strong>AIG</strong> and certain otherdefendants, including Goldman Sachs and Deutsche Bank, under the False Claims Act. Relators filed a FirstAmended Complaint <strong>on</strong> September 30, 2010, adding certain additi<strong>on</strong>al defendants, including Bank of America andSociété Générale. The amended <strong>com</strong>plaint alleges that defendants engaged in fraudulent business practices inrespect of their activities in the over-the-counter market for collateralized debt obligati<strong>on</strong>s, and submitted false claimsto the United States in c<strong>on</strong>necti<strong>on</strong> with the FRBNY Credit Facility and the ML II and ML III entities (the Maiden LaneInterests) through, am<strong>on</strong>g other things, misrepresenting <strong>AIG</strong>’s ability and intent to repay amounts drawn <strong>on</strong> theFRBNY Credit Facility, and misrepresenting the value of the securities that the Maiden Lane Interests acquired from<strong>AIG</strong> and certain of its counterparties. The <strong>com</strong>plaint seeks unspecified damages pursuant to the False Claims Act inthe amount of three times the damages allegedly sustained by the United States as well as interest, attorneys’ fees,costs and expenses. The <strong>com</strong>plaint and amended <strong>com</strong>plaints were initially filed and maintained under seal while theUnited States c<strong>on</strong>sidered whether to intervene in the acti<strong>on</strong>. On or about April 28, 2011, after the United Statesdeclined to intervene, the District Court lifted the seal, and Relators served the amended <strong>com</strong>plaint <strong>on</strong> us <strong>on</strong> July 11,2011. The Relators have not specified in their amended <strong>com</strong>plaint an amount of alleged damages. As a result, weare unable reas<strong>on</strong>ably to estimate the possible loss or range of losses, if any, arising from the litigati<strong>on</strong>.2006 Regulatory Settlements and Related Regulatory Matters..............................................................................................................................................................................................2006 Regulatory Settlements. In February 2006, <strong>AIG</strong> reached a resoluti<strong>on</strong> of claims and matters underinvestigati<strong>on</strong> with the United States Department of Justice (DOJ), the Securities and Exchange Commissi<strong>on</strong> (SEC),the Office of the New York Attorney General (NYAG) and the New York State Department of Insurance (DOI). Thesettlements resolved investigati<strong>on</strong>s c<strong>on</strong>ducted by the SEC, NYAG and DOI in c<strong>on</strong>necti<strong>on</strong> with the accounting,financial reporting and insurance brokerage practices of <strong>AIG</strong> and its subsidiaries, as well as claims relating to theunderpayment of certain workers’ <strong>com</strong>pensati<strong>on</strong> premium taxes and other assessments. These settlements did not,however, resolve investigati<strong>on</strong>s by regulators from other states into insurance brokerage practices related toc<strong>on</strong>tingent <strong>com</strong>missi<strong>on</strong>s and other broker-related c<strong>on</strong>duct, such as alleged bid rigging. Nor did the settlementsresolve any obligati<strong>on</strong>s that <strong>AIG</strong> may have to state guarantee funds in c<strong>on</strong>necti<strong>on</strong> with any of these matters.As a result of these settlements, <strong>AIG</strong> made payments or placed amounts in escrow in 2006 totaling approximately$1.64 billi<strong>on</strong>, $225 milli<strong>on</strong> of which represented fines and penalties.In additi<strong>on</strong> to the escrowed funds, $800 milli<strong>on</strong> was deposited into, and subsequently disbursed by, a fund under thesupervisi<strong>on</strong> of the SEC, to resolve claims asserted against <strong>AIG</strong> by investors, including the securities class acti<strong>on</strong> andshareholder lawsuits described below...................................................................................................................................................................................................................................296 <strong>AIG</strong> 2012 Form 10-K

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