Life Settlement and Viatical Settlement News

Accountants settle Mutual Benefit claims

Administrator — Tue, 10 Jul 2007 14:05:33 +0000

The insurance carrier for Miami’s Spear Safer CPAs & Advisors has agreed to pay $3.5 million to the court-appointed receiver of Mutual Benefits to settle allegations the accounting firm was negligent in its audits of the viatical and life settlement company.

M. Glenn Spear, Spear Safer’s managing partner, said his firm did nothing wrong.

‘’We did our job and we did it properly,'’ Spear said. “We don’t believe the case had any merit. Our insurance carrier chose to settle for other reasons.'’

Receiver Roberto Martinez’s lawsuit against Spear Safer was set to have gone to trial on Monday. The settlement requires the approval of a federal judge.

Federal authorities allege Mutual Benefits defrauded some 30,000 investors out of about $830 million in the sale of life insurance policies.

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Boston Ventures and Genstar Capital Invest in 21st Services

Administrator — Sun, 01 Jul 2007 15:03:52 +0000

Boston Ventures and Genstar Capital Invest in 21st Services

BOSTON & SAN FRANCISCO–(BUSINESS WIRE)–Genstar Capital, LLC and Boston Ventures announced today a majority investment in 21st Services, in partnership with management. The Minneapolis, Minnesota based Company is a leading provider of mission critical, life expectancy information that is currently used in the life settlement industry, the secondary market for life insurance, and with new applications planned to be launched in coming years.

21st Services currently supplies life expectancy estimates on seniors to brokers, providers and investors, as they determine the valuation for a policy. Using a proprietary diagnostic software model, the Company provides consistent, reproducible life expectancies using mortality tables coupled with numerous risk factors that impact mortality. Its customers are the providers who arrange the funding and bid on policies on behalf of investors, the brokers who sell the life policies, and the investors who fund the policies.

21st Services was founded in 1998 by three individuals, Paul Kirkman, Robert Simon and Steven Walker, all of whom will remain significant shareholders and active managers of the Company. Jack Kettler, who formerly ran the life insurance division of CNA Insurance, will be named CEO of the Company. In addition, Dennis Chookaszian and Robert Dowdell, seasoned industry executives, will participate in the transaction and will join the Board of Directors. Dennis, formerly Chairman and CEO of CNA Insurance, founded Viaticus, the first institutionally funded purchaser of life settlements. “This partnership will provide 21st with additional capital and expertise that will enable us to provide even greater value to our customers and offer significant growth opportunities to our staff,” commented Steven Walker.

Ryan Clark, a Vice President of Genstar, commented, “Because of the many benefits to
policy holders and investors, the life settlement industry is rapidly growing, and we believe that 21st Services is one of the leading providers in the category with a proprietary methodology that differentiates it from its competitors. The life settlements market will continue to mature and expand, and 21st is best positioned to provide independent, consistent, and reliable life expectancy estimates to the marketplace.”

Matt Kinsey, a Principal of Boston Ventures, said, “21st Services’ market position is impressive, and its services are highly valued by its customers. We look forward to working with management and our partners to capitalize on 21st Services’ experience, reputation and customer relationships to develop new service offerings. This opportunity fits with Boston Ventures’ strategy of investing in quality, high potential, information businesses that serve growing markets.”

About Boston Ventures

Boston Ventures Management, LLC (www.bostonventures.com) is a private equity firm
that has been an active investor and financial partner to management teams in the media, entertainment, publishing and information and communications sectors since 1983, earning the firm a franchise position in the private equity community. Boston Ventures’ general partners and principals are accomplished and experienced professionals who have a diverse and complementary range of skills and a broad network of domestic and international relationships. Since its inception, Boston Ventures has invested approximately $2.4 billion in its targeted industries. The firm is currently investing its seventh fund.

About Genstar Capital

Based in San Francisco, Genstar Capital (www.gencap.com) is a private equity investment firm that makes leveraged investments in quality middle-market companies. Genstar Capital works in partnership with management to transform its portfolio companies into industry-leading businesses. With more than $3 billion of committed capital under management and significant experience investing in businesses, Genstar focuses on selected segments of life science and healthcare services, industrial technology, business services and software services.

About 21st Services

21st Services (www.21stservices.com) was created in 1998 with the goal of creating a
new standard of service for the life settlement industry. To accomplish this goal, 21st Services produced the first-ever software program available to the life settlement industry for evaluating life expectancies for impaired senior insured individuals. This innovative product helped transform the evaluation process from a subjective “guess” to a more objective, consistent methodology. Since then, 21st Services has continued to innovate and refine the evaluation process. Based in Minneapolis, Minnesota, the company offers quality diagnostics through a network of consulting physicians and cutting-edge proprietary software that provides industry-leading senior diagnostics. The three founding principals of 21st Services have more than 35 years experience combined in life expectancy evaluation, insurance underwriting, post-purchase portfolio management, and compliance.

Boston Ventures and Genstar Capital Invest in 21st Services

Administrator — Sun, 01 Jul 2007 15:03:52 +0000

Boston Ventures and Genstar Capital Invest in 21st Services

About Boston Ventures

About Genstar Capital

About 21st Services

Grifters Fined $5M for Viatical Scam

Administrator — Wed, 27 Jun 2007 14:40:08 +0000

A Florida District Court judge has entered final judgments in the SEC’s case against a former executive and several companies involved in a fraudulent viatical investment scheme. The scam defrauded roughly 39,000 investors out of more than $1 billion.

The court’s final judgments were levied against Ft. Lauderdale-based Mutual Benefits Corporation (MBC), a viatical settlement provider, former MBC vice president Steven Steiner, and two entities he controlled, Camden Consulting, Inc., and SKS Consulting, Inc. The court initially found the defendants and liable for prejudgment interest and disgorgement in the amount of $5,000,000. But it ordered them to pay $3,925,000, based on their financial condition.

In April, the SEC filed for a dismissal of the charges against relief defendants Viatical Benefactors and Viatical Services because they were under the control of a court-appointed receiver, responsible for distributing the companies’ assets to defrauded investors.

The SEC’s pursuit of the MBC viatical scheme stretches back to 1998, when a final judgment of permanent injunction was ordered against Steiner’s brothers Joel and Leslie Steinger, the de facto principals of MBC. In May of 2004, the Commission obtained an emergency action to halt MBC’s billion-dollar fraudulent offering. The action charged MBC, the Steinger brothers, and Peter Lombardi, MBC’s then-president, with running a fraudulent viatical investment scheme from 1994 through 2004.

The defendants were charged with raising assets by falsely promising investors fixed annual returns between 12% to 72%. The life expectancy of each insurance-policy holder, or viator, was a key factor in determining the maturity date of the investment, the rates of return, and the amount of funds that needed to be escrowed for the payment of future premiums on the policies. The defendants told investors that the life expectanciy figures were determined by independent physicians. But in reality, the doctors hired by MBC did not actually review any of the viators’ medical records. Instead, they merely signed off on life expectancy statements created by Joel Steinger.

The Steinger brothers also failed to disclose that at least $26 million in funds collected in the offering was paid out to themselves and their relatives in the form of “consulting” fees.

In June of 2005, the Commission added Steven Steiner as a defendant in the case. The regulator charged Steiner with securities violations in connection with MBC’s fraudulent offering. According to the SEC’s complaint, Steven Steiner was the “public face” of MBC who ran most of sales training sessions and regularly met with existing and potential investors.

He touted the humanitarian nature of viatical investments and assured investors and agents that the life expectancies were determined by doctors prior to being ascribed to a given policy. What Steiner failed to tell any of their investors was that 90% of the viatical settlements his firm invested in were beyond the projected life expectancies that had been promised to investors. As a result, shortfalls in escrowed premium funds forced the defendants make payments to investors using monies escrowed for future obligations of other investors. That created a Ponzi-sceme situation.

Steiner also failed to inform investors that his brothers and fellow defendants were the principals of MCB, had a disciplinary history with the Commission and the Commodities Future Trading Commission, and of the numerous cease-and-desist orders against MBC.

On December 1, 2005, the SEC agreed to a $25 million settlement in its civil action against MBC, the Steinger brothers, and Lombardi. Without admitting or denying the allegations, Leslie and Joel Steinger and Lombardi also consented to an injunction against future securities violations.

Leslie and Joel agreed to pay $9 million each in disgorgement and prejudgment interest and a $500,000 civil penalty. Lombardi agreed to pay $5,880,000 in disgorgement and prejudgment interest and a $120,000 civil penalty. In late January of this year, Lombardi was sentenced to twenty years in prison followed by three years of supervised release for his involvement in the MBC fraud.

In March, the Commission charged two other brothers with bilking investors through a fraudulent viatical investment offering. According to the regulator, Keith and Jesse LaMonda raised over $100 million from roughly 4,000 investors through Texas-based ABC Viaticals from June 2001 through November 2006.

The LaMonda brothers made numerous false claims to investors regarding ABC’s offering, including failing to disclose that they had taken $6.5 million of investor funds for themselves and their own entities. A Texas District Court granted the SEC’s request for an asset freeze, preliminary injunction, and the appointment of a receiver, among other relief.

Source: CCH Wall Street

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Ritchie Funds File Bankruptcy After $700 Million Loss

Administrator — Fri, 22 Jun 2007 15:10:10 +0000

By Tiffany Kary and Jenny Strasburg

June 21 (Bloomberg) — Ritchie Capital Management Ltd. sought bankruptcy protection for two Dublin-based funds after they lost more than $700 million on life insurance investments.

The hedge-fund manager asked the U.S. Bankruptcy Court in Manhattan to approve a $17 million interim loan from ABN Amro Holding NV as part of $30 million in financing for the funds. They owed ABN Amro $436.5 million as of April 30, Lisle, Illinois-based Ritchie said in court filings yesterday.

The bankruptcies follow a May 2 lawsuit in which Ritchie accused Coventry First LLC, its partner in the insurance investments, of concealing a government investigation into fraud against policyholders. The firms jointly bought life-settlement plans — bets that insurance payouts will exceed the premiums.

“Bankruptcy procedures that permit the sale of assets free and clear of any encumbrance would give a maximum value to the policies,'’ Jeff Marwil, a lawyer with Winston & Strawn who represents investors in some of Ritchie’s onshore and offshore funds, said today in an interview.

Ritchie, founded in 1997 by former college football linebacker Thane Ritchie, 41, has been selling assets to pay off clients following two years of subpar returns. It agreed in April to sell a “significant portion'’ of its multistrategy fund’s
holdings to New York-based Reservoir Capital Group in a transaction valued at $1 billion. It’s been in talks to sell additional assets to potential buyers including Coller Capital Ltd., a London-based private-equity firm.

Life Settlements

The Chapter 11 filings cover Ritchie Risk-Linked Strategies Trading (Ireland) Ltd. and Ritchie Risk-Linked Strategies Trading (Ireland) Ltd. II. They listed debt of $811 million and an unspecified amount of assets.

The funds were formed in 2005 to invest in a life settlement, where wealthy individuals over age 65 sell their policies for less than the death benefit and more than the cash- surrender value. The buyer continues to pay the premiums, betting
that the named-beneficiary of the policy will die soon enough to make a profit.

The Ritchie companies bought policies from Coventry and its affiliate LST I LLC, intending to profit either from a securitization or from collecting death benefits.

Ritchie said it was sold “non-conforming'’ policies by Coventry and its affiliate LST I LLC, which prevented them from being securitized. That led to a “precipitous decline'’ in the funds’ assets that Ritchie said eventually led to its bankruptcy filing.

Coventry, based in Philadelphia, last month called Ritchie’s lawsuit a “cheap publicity stunt'’ to divert attention from Ritchie’s own financial problems.

Ritchie Affiliates

Ritchie affiliates are the largest unsecured creditors. They are owed $290 million, according to court papers.

The firm said it needs new cash “urgently'’ to pay servicing fees on its life-settlement policies and other operating expenses. As of the bankruptcy filings, Ritchie I owned 849 policies with an aggregate death benefit of $2.3 billion, and
Ritchie II owned 182 policies worth $419.5 million.

Ritchie also said it continues to seek buyers for its assets but has yet to identify any prospective purchasers.

Hedge funds are private pools of capital that allow managers to participate substantially in the gains of the money invested.

Most hedge funds that have failed avoided bankruptcy, which opens them to scrutiny and investors to possible litigation.

Amaranth Advisors LLC, which had $9.1 billion at its peak, was the largest hedge fund to close in 2006. The Greenwich, Connecticut-based fund lost $6.6 billion on natural gas bets.

Bayou Group LLC, based in Stamford, Connecticut, filed for Chapter 11 reorganization in May 2006 in U.S. Bankruptcy Court in White Plains, New York, saying it sought to recover more than $250 million for its investors. It filed 95 lawsuits against former investors it accused of taking “phony profits'’ through what it described as a “massive Ponzi scheme.'’

The case is Ritchie Risk-Linked Strategies Trading (Ireland), 07-11906, U.S. District Court for the Southern District of New York (Manhattan).

To contact the reporters on this story: Tiffany Kary in New York bankruptcy court at [email protected] and; Jenny Strasburg in New York at [email protected].

Call 1-888-973-8377 to speak with a Life Settlement Professional.

Barry Kaye will not face formal state investigation

Administrator — Thu, 21 Jun 2007 14:55:50 +0000

Boca philanthropist Barry Kaye will not face formal state investigation

By Scott Travis
South Florida Sun-Sentinel
Posted June 20 2007

The state will not launch a formal investigation into Boca Raton philanthropist Barry Kaye’s relationship with a company accused of defrauding the elderly, an official from the Department of Financial Services said Tuesday.

The department conducted a preliminary review of Kaye’s involvement with Coventry LLC, a company that buys life insurance policies from the elderly, after receiving a report from the Office of Insurance Regulation. That report, which was part of an effort to shut down Coventry, said Kaye and his son, Howard Kaye, improperly received $800,000 in a scheme to defraud a 73-year-old woman.

The case created national media attention, since Kaye is well known in insurance circles and has donated $17 million to Florida Atlantic University. But Coventry officials told state officials last month they had submitted incorrect information,
and that Kaye had no involvement in any questionable transaction.

The Department of Financial Services never began a formal investigation of Kaye, only a review to determine if one was warranted, spokeswoman Nina Banister said. “Certainly with Coventry indicating that they had provided the wrong information … and he was not involved, that had a bearing,” she said.

Kaye said he felt relief after learning about the state’s decision.

“I knew from the beginning I was not involved in this particular situation, and it has caused myself and my family great consternation,” he said. “I am very thankful the situation has been resolved and hopefully my life can go back to normal.”

Kaye said he became so disillusioned by media reports about him that he considered withdrawing a $13 million pledge to FAU’s College of Business, which is named after him. He said he will keep his pledge intact.

No one from FAU was available for comment Tuesday afternoon, spokeswoman Kristine McGrath said.

Scott Travis can be reached at [email protected] or 561-243-6637.

Life Insurance Finance Association Will Oppose Viatical Settlement Model

Administrator — Wed, 20 Jun 2007 14:49:08 +0000

Statement: Life Insurance Finance Association Will Oppose State Adoption of Revised NAIC Viatical Settlement Model

ATLANTA–(BUSINESS WIRE)–The National Association of Insurance Commissioners (NAIC) has adopted amendments to its Viatical Settlements Model Act. “This action was taken despite the fact that the model was poorly drafted, did not meet the stated objectives of the regulators and was expedited without having fully considering the issues raised by all industry sectors,” according to Scott J. Cipinko, executive director of the Life Insurance Finance Association (LIFA).

In addition, the adopted changes do not recognize how the life insurance industry and the secondary markets actually operate. “This is just unsettling. The rights of the consumers were not actually considered, and the changes will impair the rights of many life insurance consumers that the Model Act was aimed at protecting,” continued Cipinko.

Consumer groups, a number of other trade associations including the Life Insurance Settlement Association, Life Settlements Institute and the Institutional Life Markets Association, life insurance premium finance lenders and many life insurance agents have objected strenuously to the amendments to the Model Act. In addition, the National Conference of Insurance Legislators (NCOIL) recently adopted a resolution urging the NAIC to delay final adoption of its amendments to the Model Act until December 2007 so NCOIL would be allowed an opportunity to fully discuss and consider its own model law on the subject.

The New York Department of Insurance was a participant in the discussions throughout the process. However, even the department did not support this Model Act, citing concerns about process and the belief that the Model Act falls short in the area of privacy protections. In addition, Nevada, Montana, Washington and Virginia also abstained.

LIFA believes that the adoption of this Model Act is harmful to consumer rights and does little, if anything, to prevent the abuses in the market referred to as Stranger Initiated Life Insurance (SILI) that the changes were purportedly drafted to address. LIFA continues to support the efforts of state policymakers to eliminate such abusive transactions, but while LIFA believes premium-finance lenders must be subject to reasonable regulation, it also advocates strongly for the protection of consumer rights. The Model Act as adopted does not adequately consider those essential rights.

The revised Model Act would interfere with a property right of consumers by prohibiting the sale of a life-insurance policy in the secondary market for five years from the date of its issuance due to the type of financing secured by a consumer even in the event of severe financial distress. A consumer who sought a certain type of premium financing will find himself or herself forced to lapse the policy or retire it for its minimal cash surrender value if he or she is unable to pay the premiums prior to the five-year date. He or she will be prohibited from realizing its market value — antithetical to consumer protection — and at the same time fails to accomplish its intended purpose for the policy. This interference with
a basic consumer right is one of the most dangerous provisions ever adopted by the NAIC. The adoption was accomplished while ignoring testimony from consumer advocates, banking, premium finance and legal experts as well as economists who all stated clearly that the five-year prohibition will do nothing to prevent abusive practices, but will have the detrimental effect of preventing certain consumers from purchasing needed life insurance coverage.

LIFA will continue to support the rights of all consumers to purchase and sell life insurance policies and will oppose this legislation in any state and calls upon the state legislatures to reject this anti-consumer Model Act.

The Life Insurance Finance Association is a nonprofit, professional trade association and its members are comprised of individuals and companies involved in the life insurance premium finance industry. LIFA was founded to provide an open dialogue between and among life insurers, premium finance lenders, life insurance agents, brokers and insurance regulators, to provide consumer advocacy, and to foster a better understanding among participants in the life insurance and premium finance marketplace, state and federal policy makers, and the general public. For additional information, visit www.lifaorg.org.

Call 1-888-973-8377 to explore premium financing solutions.

Secondary Life Capital Expands Life Settlement Acquisition

Administrator — Mon, 11 Jun 2007 17:27:16 +0000

Secondary Life Capital Expands Life Settlement Acquisition Opportunities

WASHINGTON D.C. — Secondary Life Capital, LLC (“SLC”) announced today that the State of Mississippi has granted their life settlement provider license. In addition to Mississippi, SLC was recently awarded a life settlement provider license in both Texas and Tennessee. Founded in 2003, the Washington DC based firm is a leading provider of life settlements and life settlement portfolios to institutional investors worldwide.

“SLC has accelerated pursuit of licensure in every regulated jurisdiction and we remain dedicated to compliant leadership within the life settlement investment marketplace,” commented Mark Goode, CEO and founder. “We are pleased the additional licensure allows SLC to provide a life settlement opportunity to more senior insured consumers than ever before.”

SLC is known within the industry for its strong support of responsible and balanced life settlement regulation. Through the focused efforts of its General Counsel (Jolene D. Fullerton), SLC has been at the forefront in cooperating with LISA, NCOIL and the NAIC to develop and promote suitable legislation ensuring the long-term health and growth of the life settlement market.

About Secondary Life Capital
SLC is a subsidiary of The Peninsula Group, LLC (“Peninsula”). Peninsula is an innovative and integrated provider of investment products and services focused on the secondary life insurance market. In addition to SLC, Peninsula’s operating companies include Life Policy Dynamics, LLC (policy evaluations, servicing and portfolio management) and Premium Life, LLC (premium finance origination). Also within the group, Peninsula Insurance Capital serves as a manager of investment funds dedicated exclusively to the asset class. Together, the Peninsula companies serve all institutional investor requirements within the life settlement and premium finance markets.

More Life Settlement Information

Source: Business Wire

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NAIC Amends Viatical Settlements Model Act

Administrator — Fri, 08 Jun 2007 17:33:19 +0000

June 8, 2007 - San Francisco - The National Association of Insurance Commissioners (NAIC) today adopted amendments to the Viatical Settlements Model Act during the Association’s Summer National Meeting in San Francisco.

The Model, which has been widely discussed among state regulators, addresses several issues in the life settlement marketplace, including an emerging type of life insurance practice known as Stranger-Originated Life Insurance (STOLI).

The model strengthens several consumer protections and imposes a five-year ban settling a life insurance policy with specified elements indicative of a STOLI transaction. A life settlement is the transfer of life insurance benefits available under a policy. STOLI transactions are traditionally defined as life insurance policies manufactured for the purpose of settling in the secondary market.

“We are extremely pleased with the passage of proposed amendments to the Viatical Settlement Model,” said Julie McPeak, Life Insurance and Annuities Committee Chair and Kentucky Office of Insurance Executive Director. “The intensity of the discussions during our review process validated the Committee’s belief that this should be an area of major concern to those of us charged with protecting the public. This is a victory for consumers, particularly those who are ill, elderly or otherwise vulnerable.” The NAIC, Kansas City, Mo., began looking at this type of life insurance practice in May 2006. The life settlement industry has changed significantly since the last revisions to the Viatical Settlements Model, which many states have adopted. “The drafting process was lengthy and done with great deliberation. We received and seriously considered input from the many interested parties,” McPeak said. “In the end, the measures to strengthen the Model, which has already been adopted in 35 states, passed because its importance was recognized by the NAIC membership.”

Source: NAI

Call 1-888-973-8377 with Viatical or Life Settlement Questions.

Advanced Life Settlements Management Prevent

Administrator — Thu, 07 Jun 2007 17:50:59 +0000

Life-Exchange and European Member Firm, Advanced Life Settlements Management Prevent Industry Abuse

For information about the trading platform visit Life Settlement Auctions.

Life-Exchange, Inc., (Pink Sheets: LFXG) the nation’s leading trading platform for the life settlement industry, announced today that their system has been successful in preventing the first attempted abuse of the electronic life settlement market. Three weeks ago it was discovered that a member broker had attempted to circumvent the exchange and simultaneously defraud their client by falsifying the offer amount. Due to the cooperation of Advanced Life Settlements Management (Advanced LSM), the first European member to join Life-Exchange, and other exchange members the abuse was quickly detected and prevented.

Life-Exchange, CEO and President David Dorr commented “We built many safeguards into
our system to detect abuse, and while it is disappointing that we have terminated our first member broker for this infraction, it is equally rewarding to have other exchange members like Advanced LSM who are raising the bar for the caliber of players that will be leading this market forward. We are very pleased with the high ethical standards that Advanced LSM is expressing in our market”.

“I was amazed at how fast Life-Exchange detected and defeated the attempted abuse of
their online marketplace. They saved us from purchasing a policy where the policy owner would have been misled. Furthermore, their system served to protect both the consumer and the investor in a state where regulation does not exist,” commented Titus Van Heur, Managing Director of Advanced Life Settlements Management.

Life-Exchange disclosed that Advanced LSM was instrumental in the investigation. Indeed, at the time of this incident, Advanced LSM was collaborating with Life-Exchange in the development of a universal anti-fraud and anti-money laundering policy that could be adopted by pension funds and banks from the Netherlands and throughout Europe.

About Advanced Life Settlement Management
Advanced Life Settlement Management, B.V. is a Dutch firm specializing in the US
life settlement market. Advanced LSM offers innovative financial services for
institutional clients and intermediaries throughout Europe. Their unique knowledge
and understanding of the life settlement market has, in a relative short period of
time, led to their clear presence and solid reputation in the US life settlement
market. Advanced LSM has experience in all aspects of the industry and they continue
to pioneer developments for the sector.

About Life-Exchange
Life-Exchange, Inc. is the largest and only independent, electronic trading platform
for the life settlement industry. Designed by industry leaders, Life-Exchange
serves the secondary life insurance market by bringing buyers and sellers of life
settlement policies together in a virtual, online marketplace. The features of
Life-Exchange are specifically designed to improve regulatory compliance, increase
customer value, reduce transaction costs, create new revenue models, and add
efficiency to an otherwise inefficient market. Founded in 2004, Life-Exchange is
headquartered in Miami, Florida. For additional information on Life-Exchange, Inc.,
visit www.life-exchange.com or call 866-907-9766.
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