Gen Re Settles With SEC

January 20, 2010 at 07:00 PM
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General Re Corp. has entered into a $12.2 million settlement agreement with the U.S. Securities and Exchange Commission.

The SEC said today it has charged Gen Re, Stamford, Conn., with helping to manipulate the reported financial results of American International Group Inc., New York, (NYSE:AIG) and Prudential Financial Inc., Newark, N.J. (NYSE:PRU)

Transactions described as reinsurance arrangements really were loans used to cover up decreases in loss reserves, SEC officials allege.

"Gen Re arranged to sell financial products to AIG and Prudential for the sole purpose of enabling those companies to manipulate their accounting results and mislead investors," Andrew Calamari, associate director of the SEC's New York regional office, says in a statement.

Gen Re has not admitted or denied the allegations in the SEC's complaint, but the company has consented to a judgment enjoining it from aiding in violations of securities laws, the SEC says in a complaint describing the allegations against Gen Re.

Gen Re also will pay the U.S. Postal Inspection Service Consumer Fraud fund $19.5 million, and it will pay AIG shareholders $60.5 million through a civil class-action settlement, SEC officials say. Gen Re already has forfeited about $5 million in fees it earned from participating in the AIG arrangement, officials say.

The SEC and Gen Re are seeking court approval for the Gen Re settlement agreement.

Gen Re representatives could not immediately be reached for comment.

Berkshire Hathaway Inc., Omaha, Neb., the parent of Gen Re, says in an SEC filing that, under the terms of the settlement agreement, neither Gen Re nor its executives can deny any of the SEC's allegations. Any such action would allow the SEC to vacate the agreement and take legal action.

Berkshire "is not aware of any remaining U.S. federal or state governmental investigations of any of its subsidiaries involving non-traditional products or related transactions," the company says.

AIG settled with the SEC in connection with the financial manipulation allegations in February 2006, and Prudential settled with the SEC in connection with the allegations in September 2008, the SEC says in the Gen Re complaint.

AIG paid about $800 million in connection with its settlement, officials say.

Prudential paid Gen Re $8.1 million in fees for arrangements that helped it recognize $200 million in revenue in 2000, 2001 and 2002, officials say.

AIG and Prudential nave neither admitted nor denied the allegations in the SEC's complaint against them, but they both agreed to accept injunctions against violating a variety of securities laws, the SEC says in the Gen Re complaint.

Allison Bell contributed information to this report.

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