the matter. Mr. Greenberg is expected to attend, they added.
It will be an unusual homecoming of sorts for Mr. Greenberg, who
ran A.I.G. for nearly four decades until resigning amid
investigations into an accounting scandal in 2005. For some years
after his abrupt departure, there was bitterness and litigation
between the company and its former chief.
After the Starr briefing, lawyers for the Treasury Department and
the Federal Reserve Bank of New York -- the architects of the
bailout and defendants in the cases -- will make their
presentations. Each side will have a few minutes to rebut.
While the discussions are part of an already scheduled board
meeting, securities lawyers say it is rare for an entire board to
meet on a single piece of litigation.
"It makes eminent good sense in this case, but I've never heard
of this kind of situation," said Henry Hu, a former regulator who is
now a professor at the University of Texas School of Law in Austin.
It is unclear whether the directors are leaning toward joining
the case. The board said in a court filing that it would probably
decide by the end of January.
Until now, the insurance giant has sat on the sidelines. But its
delay in making a decision, some officials say, has drawn out the
case, forcing the government to pay significant legal costs.
The presentations Wednesday come on top of hundreds of pages of
submissions that the government prepared last year, a time-
consuming and costly process. The Justice Department, which has
assigned about a dozen lawyers to the case and has hired outside
experts, told a judge handling the matter that Starr was seeking 16
million pages in documents from the government.
"How many?" a startled judge, Thomas C. Wheeler of the U.S. Court
of Federal Claims, asked, according to a transcript.
The bailout of A.I.G., struck just days after the collapse of
Lehman Brothers in September 2008, proved to be among the biggest
and thorniest of the financial crisis rescues.
The company was on the brink of collapse because of deteriorating
mortgage securities that it had insured through credit-default
swaps.
Starting in 2010, the insurer embarked on a series of actions
aimed at repaying its taxpayer-financed bailout, including selling
major divisions. It also held a number of stock offerings for the
U.S. government to reduce its stake, which eventually generated a
profit of about $22 billion.
Overseeing that comeback was a new chief executive, Robert H.
Benmosche, a tough-talking longtime insurance executive. Mr.
Benmosche has won plaudits -- from government officials, among
others -- for his managing of A.I.G.'s public relations while he
helped nurse the company back to financial health.
But he and the rest of A.I.G.'s board must now confront an
equally pugnacious predecessor in Mr. Greenberg.
In the case against the government, Mr. Greenberg, through his
lead lawyer, David Boies, contends that the bailout plan extracted a
"punitive" interest rate of more than 14 percent. The government's
huge stake in the company also diluted the holdings of existing
shareholders like Starr, which at the time was A.I.G.'s largest
investor.
"The government has been saying, 'We're your friend, we owned and
controlled you and we let you go.' But A.I.G. doesn't owe loyalty to
the government," a person close to Mr. Greenberg said. "It owes
loyalty to its shareholders."
The government, Starr argues, used billions of dollars from
A.I.G. to settle credit-default swaps the insurer had with banks
like Goldman Sachs. The deal, according to the lawsuit, empowered
the government to carry out a "backdoor bailout" of Wall Street.
Starr argued that the actions violated the Fifth Amendment. "The
government is not empowered to trample shareholder and property
rights, even in the midst of a financial emergency," the Starr
complaint says.
The Treasury Department declined to comment. A spokesman for the
Federal Reserve Bank of New York, Jack Gutt, said, "There is no
merit to these allegations." He noted that "A.I.G.'s board of
directors had an alternative choice to borrowing from the Federal
Reserve, and that choice was bankruptcy."
A U.S. District Court judge in New York agreed, dismissing the
case in November. In an 89-page opinion, Judge Paul A. Engelmayer
wrote that while Starr's complaint "paints a portrait of government
treachery worthy of an Oliver Stone movie," the company "voluntarily
accepted the hard terms offered by the one and only rescuer that
stood between it and imminent bankruptcy."
The U.S. Court of Appeals for the Second Circuit recently agreed
to review the case on an expedited timeline. The judge in the U.S.
Court of Federal Claims in Washington, meanwhile, has declined to
dismiss the case and continues to await A.I.G.'s decision.
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