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STATE OF
NEW
YORK
OFFICE
OFTHE ArrORNEY
GENERAL
120
BROADWAY
ANDREW
M.
CUOMO
Attorney General
NEW
YORK,
NY
10271
March
17,2009
(212)
416-8050
Honorable Barney FrankChairman, House Committee on Financial ServicesUnited States House
of
Representatives2129 Rayburn House Office BuildingWashington, DC 20515Re: AIG 2008 Retention BonusesDear Chairman Frank:I am writing to provide you and your Committee with information regarding an ongoinginvestigation my Office has been conducting
of
executive compensation at AmericanInternational Group ("AIG"). I hope this information will be useful to the Committee at itshearing on AIG tomorrow.We learned over the weekend that AIG had, last Friday, distributed more than $160million in retention payments to members
of
its Financial Products Subsidiary, the unit
of
AIGthat was principally responsible for the firm's meltdown. Last October, AIG agreed to myOffice's demand that no payments be made out
of
its $600 million Financial Products deferredcompensation pool. While this was a positive step, we were dismayed to learn after the fact thatAIG had made multi-million dollar payments out
of
its separate Financial Products retentionplan on Friday.AIG now claims that it had no choice but to pay these sums because
of
the unalterableterms
of
the plan. However, had the federal government not bailed out AIG with billions intaxpayer funds, the firm likely would have gone bankrupt, and surely no payments would havebeen made out
of
the plan. My Office has reviewed the legal opinion that AIG obtained from itsown counsel, and it is not at all clear that these lawyers even considered the argument that it isonly by the grace
of
American taxpayers that members
of
Financial Products even have jobs, letalone a pool
of
retention bonus money. I hope the Committee will take up this issue at itshearing tomorrow.Furthermore, we know that AIG was able to bargain with its Financial Productsemployees since these employees have agreed to take salaries
of
$ I for 2009 in exchange forreceiving their retention bonus packages. The fact that AIG engaged in this negotiation flies in
    of 00

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