Artemis to Pay $190 Million in Final Decision

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Artemis SA has been ordered to pay $190 million plus interest to California insurance regulators in restitution for its role in the sale of Executive Life Insurance Co.


“Owners and executives of insurance companies, including powerful and sophisticated companies like Artemis must tell the truth and comply with the law,” U.S. District Judge Howard Matz said in a ruling Tuesday.


The final decision in the case brings the total amount ordered or settled on behalf of defrauded Executive Life Insurance policyholders to approximately $900 million, California Insurance Commissioner John Garamendi said in a statement.


On Oct. 5, Matz threw out $700 million in punitive damages awarded over the 1992 acquisition of Executive Life Insurance. A Los Angeles jury had issued the verdict in July against Paris-based holding company Artemis S.A., owned by billionaire Francois Pinault.


While Pinault was cleared of wrongdoing, Artemis was found to have conspired with Credit Lyonnais and other French investors to defraud California regulators in the Executive Life purchase because it bought billions of dollars in junk bonds from the failed insurance firm. At the time of the sale, California law prohibited foreign ownership of insurers doing business in the state.


Matz struck down the punitive damages award, which is limited to 10 times the compensatory damages. No compensatory damages have been awarded in the case against Artemis.


Executive Life collapsed in 1991, forcing the state to take over the company. In 1999, Garamendi sued the French investors who had purchased the firm, seeking to recover $3.5 billion in losses stemming from the sale.


In September, a federal judge approved a $600 million settlement between Garamendi and a French government entity acting on behalf of Credit Lyonnais. Under that settlement, Garamendi will get $516.5 million to pay back Executive Life stakeholders. Another $75 million will go to Sierra National Life Insurance Holdings Inc., which also sued Credit Lyonnais.


In December 2003, Credit Lyonnais pleaded guilty to federal charges and agreed to pay $772 million to settle separate criminal charges.



*Staff reporter Amanda Bronstad contributed to this story

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