Siemens 2012 Annual Report Download - page 287

135 D. Consolidated Financial Statements 239 E. Additional Information
140 D. Consolidated Statements of Changes in Equity
142 D. Notes to Consolidated Financial Statements
232 D. Supervisory Board and Managing Board
136 D. Consolidated Statements of Income
137 D. Consolidated Statements of Comprehensive Income
138 D. Consolidated Statements of Financial Position
139 D. Consolidated Statements of Cash Flow

Department of Commerce notified Siemens that it closed its
case without taking further action. On October , , the U.S.
Department of the Treasury notified Siemens that it opened an
investigation. Siemens is cooperating with the authorities.
As previously reported, since July  the EU Anti-Fraud Office
OLAF, its Romanian equivalent DELAF and the Romanian pub-
lic prosecutor DNA have been investigating allegations of
fraud in connection with the  award of a contract to
FORTE Business Services (later Siemens IT Solutions and Ser-
vices Romania) to modernize the IT infrastructure of the Ro-
manian judiciary. In September , OLAF put the matter on
monitoring status and decided not to open formal proceed-
ings. DELAF referred the matter to DNA and closed its investi-
gations. After the sale of Siemens’ global IT Solutions and Ser-
vices business to AtoS, Siemens Romania is no longer directly
involved in the DNA investigation. In September , the Ro-
manian Ministry of Finance filed civil claims in the amount of
€ million against AtoS Romania within the framework of the
criminal proceedings. AtoS Romania could hold Siemens AG
contractually liable if it were required to make this payment.
In December , the United States Attorney ’s Office for the
Northern District of New York served a Grand Jury subpoena
on Siemens that seeks records of consulting payments for
business conducted by the Building Technologies business
unit in New York State over the period from January , 
through September , . Siemens is cooperating with the
authority.
In February , the United States Attorney‘s Office for the
Eastern District of New York served a subpoena on Siemens
Healthcare Diagnostics Inc., United States, for information re-
lating to a diagnostics process. Siemens is cooperating with
the authority.
For legal proceedings information required under IAS , Provi-
sions, Contingent Liabilities and Contingent Assets, is not dis-
closed, if the Company concludes that the disclosure can be
expected to seriously prejudice the outcome of the litigation.
In addition to the investigations and legal proceedings de-
scribed above, Siemens AG and its subsidiaries have been
named as defendants in various other legal actions and pro-
ceedings arising in connection with their activities as a global
diversified group. Some of these pending proceedings have
been previously disclosed. Some of the legal actions include
claims or potential claims for punitive damages or claims for
indeterminate amounts of damages. Siemens is from time to
time also involved in regulatory investigations beyond those
described above. Siemens is cooperating with the relevant au-
thorities in several jurisdictions and, where appropriate, con-
ducts internal investigations regarding potential wrongdoing
with the assistance of in-house and external counsel. Given
the number of legal actions and other proceedings to which
Siemens is subject, some may result in adverse decisions.
Siemens contests actions and proceedings when it considers it
appropriate. In view of the inherent difficulty of predicting the
outcome of such matters, particularly in cases in which claim-
ants seek indeterminate damages, Siemens may not be able to
predict what the eventual loss or range of loss related to such
matters will be. The final resolution of the matters discussed in
this paragraph could have a material effect on Siemens’ busi-
ness, results of operations and financial condition for any re-
porting period in which an adverse decision is rendered. How-
ever, Siemens currently does not expect its business, results of
operations and financial condition to be materially affected by
the additional legal matters not separately discussed in this
paragraph.
  Additional disclosures
on financial instruments
The following table presents the carrying amounts of each
category of financial assets and financial liabilities:
September ,
(in millions of €)  
Financial assets:
Loans and receivables 28,439 25,865
Cash and cash equivalents 10,891 12,468
Derivatives designated
in a hedge accounting relationship 1,918 1,707
Financial assets held for trading 1,410 1,315
Available-for-sale financial assets 1,546 1,191
44,203 42,546
Financial liabilities:
Financial liabilities measured
at amortized cost 30,160 27,083
Financial liabilities held for trading 920 1,350
Derivatives designated
in a hedge accounting relationship 204 255
31,284 28,688