On Nov. 19, New York County Supreme Court Judge James Yates dismissed criminal antitrust indictments against the remaining “contingent commission” defendants (two former Marsh executives and a former Zurich American executive). The dismissals bring to a close the New York Attorney General’s four year investigation, which ultimately resulted in hundreds of millions in fines, criminal convictions of several insurance industry executives, and significant changes to the way in which the insurance industry operates (including heightened awareness about the need for antitrust compliance).

The dismissals, which were entered by New York County Supreme Court Judge James Yates, were somewhat expected, given that only weeks before Judge Yates acquitted three other former Marsh executives of the same charges — violation of the Donnelly Act (New York’s antitrust law). In fact, the New York Attorney General’s Office specifically requested that the indictments be dismissed, indicating that the decision was based both on the costs involved in pursuing the cases (the prior criminal trials had taken many months to complete) and the unlikelihood of securing a conviction on the charges before Judge Yates, given his rulings in the prior case.