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The payments at issue are comparatively paltry, perhaps totaling less than $50 million, although that number could increase as the internal investigation moves forward.
Even Ambac's lawyers at first did not know the extent of the payments at issue, but the company filed an amended complaint describing them after learning some new information from the producer of a coming documentary about Bear Stearns, "Confidence Game".
The bulk of the payments at issue cover AIG Financial Products, the unit of the company that sold credit default swaps, the risky contracts that caused massive losses for the insurer.
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It is not yet clear who paid or received the payment at issue, but the person close to the inquiry said the investigation of the inappropriate payment began in 2009 in Algeria and was taken up the following year by Italian prosecutors.
Despite the relatively small size of the improper payments at issue, both declination agreements contain factual recitations that make clear that, in the DOJ's view, the underlying conduct had a sufficient nexus to the U.S. to support an FCPA prosecution.
That treatment was appealed to the Supreme Court, which concluded that the severance payments at issue were wages.
These provisions are not yet in effect and these procedures were not available to respondent at the time of the withholding of payments at issue here.
The $338 payment at issue in Guarnieri had a negligible impact on public coffers, but payments made to public-sector bargaining units may have massive implications for government spending.
The contracts at issue involve upfront payments to Enron by an entity set up by J. P. Morgan.
Representatives of the payment industry take issue with that characterization.
At the end of the day, this is the real problem with the payment issue. .
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