Judge Murphy found all of the trust money managed by BIAW ($200 million) was accounted for--none of it was missing or improperly diverted.
BIAW has spent millions on the case so far, as well as several thousands of dollars by the local BIA chapters--defending itself against three years of legal harassment by RE Sources and the other four plaintiffs.
The BIAW received and distributed the rebates, but not right away.
The bank account BIAW put $50 million into was only insured for $100,000 at a time when banks were failing, Ferris said.
Despite the ruling, BIAW claims this case as a victory, according to its Sept.
After alleging BIAW staff and unpaid, volunteer trustees 'skimmed' and 'embezzled' money and after spending three years and $3 million pursuing the lawsuit against BIAW, [their] only 'victory' was the judge's determination that BIAW had committed some paperwork and accounting procedure violations of the trust associated with BIAW's retrospective ratings program .
Ferris said the BIAW doesn't seem to understand what they were doing was wrong, and doesn't appear remorseful.
Erin Shannon, BIAW's public relations director, said very few organizations that handle millions of dollars per year could withstand the type of scrutiny the BIAW has been put under.
But Ferris said the amount of money is not the point, and that the BIAW was using its trust account illegally.
In past years, BIAW members have received back an average of 25 percent of those premiums.
Kwieciak said he often finds that businesses join the BIAW strictly for the health insurance.
Kwieciak said with so many businesses on its side, the BIAW has a lot more pricing flexibility to get discounted premium rates to businesses that qualify.