In another surprising move, the panel said it wanted to abolish inducement payments, or break fees, where a bidder must pay its target a fee if it pulls out.
In support of this position the lawsuit cites unspecified "common law principles, administrative rulings and other authorities applicable to inducement payments made by third parties".
According to the lawsuit, the $8.5 million was one of a series of "inducement payments" starting in 2001 for 10 years to keep the National Football League team in New Orleans.
In addition to the inducement payments–started after thinly veiled threats to leave New Orleans Benson struck a new deal before last season with the state to renovate the Superdome.
To reduce inducement, the payment scheme could be changed from fee for service to prospective payment or a combination of both, a strategy that has been shown to be more effective in inducing the desired behavior rather than when used separately.
Macfarlanes paid the individual's travel and related expenses in relation to these meetings, but neither made nor offered any other payment or inducement.
Previously bidding companies could insist on an inducement fee - a payment which would be lost if the deal fell through.
The society said payments minimize "the possibility of inducement of donors," and that payments should never be conditional on the success of egg retrieval.
He went on to say that he disapproved of the arrangements: "Upon my repeated urgings to suspend the payment of inducements, it was made clear to me by Jean-Marie Weber... that this practice had led to commitments which were still in place".
Another of the former ISMM executives under investigation, Christoph Malms, is quoted in the legal document as saying: "The payment of inducements to reputable personalities in sport for the promotion of sport policy and financial objectives originates from the 1970s, when sport became a financial driver.
As a matter of public policy, the British government does not condone the payment of ransom or other inducements to hostage-takers.
