John R. Kasich, Governor Mary Taylor, Lt. Governor/Director. Financial Scam Products: "The Business Of Going Broke"

Transcription

1 John R. Kasich, Governor Mary Taylor, Lt. Governor/Director Financial Scam Products: "The Business Of Going Broke"

2 The Ohio Department of Insurance Enforcement Division

3 Agenda Overview of the Enforcement Division Insurance Agent Misconduct Beneficiary Violation Misappropriation STOLI Annuity Churning Sample Cases Consumer Tips

4 Powers & Duties of The Superintendent According to Ohio Revised Code , the Superintendent of Insurance is responsible for seeing that all insurance laws are enforced. In order to investigate allegations of misconduct and fraud in an efficient manner, the Fraud & Enforcement Division was created. The division is designated as a criminal justice agency and is able to work with local, state and federal law enforcement agencies.

5 The Role of The ODI Enforcement Division The Enforcement Division investigates alleged violations of Title 29 & Title 39 of the Ohio Revised Code committed by insurance agents, agencies, and/or unlicensed individuals or entities. There are currently 260,000 licensed agents authorized to sell in Ohio. An agent who violates an insurance law may lose his/her license or be subject to a fine and/or other sanctions. If the agent s conduct is criminal in nature, the case is also referred to local or federal prosecutors for potential criminal prosecution.

6 Who We Regulate Types of Licenses Life, Accident & Health Variable Products Property & Casualty (Automobile, Homeowners, Motorcycle, Boat, etc.) Bail Bonds Title Agents Limited Lines (Credit, Crop, Funeral Expense, Rental Car & Travel)

7 Enforcement Statistics FY 2011 Allegations Received 2861 Cases Opened 2019 Referred to Legal 917 License Revocations 79 License Surrenders 148 Fines $275,200

8 Violations per ORC The superintendent may suspend, revoke, or refuse to issue or renew any license of an insurance agent, assess a civil penalty, or impose any other sanction or sanctions authorized under this chapter, for one or more of the following reasons: 39 Different Reasons

9 Agent Misconduct Associated With Life & Annuity Products

10 Beneficiary Violation An insurance agent cannot name himself as a beneficially on a nonrelatives life insurance policy when he was involved in the sale of the policy to the consumer.

11 Misappropriation An insurance agent cannot improperly withhold, misappropriate or convert any money or property received in the course of doing insurance business.

12 Annuity Churning Convincing a policyholder to cancel an existing annuity to purchase a new annuity that has no significant additional benefits. Policyholder incurs surrender charges Policy surrender period resets (7 year surrender period with a 7% charge) Agent generates commission on new annuity

13 STOLI Stranger Originated Life Insurance Stranger Originated Life Insurance (STOLI) policies are those where investors approach people (usually the elderly) to purchase life insurance policies. The investors pay the insured a sum of money to take ownership of the policy and either keep it or sell it to others. The end result is that a person or entity without an insurable interest in the insured pays the premiums and becomes the beneficiary.

14 Enforcement Case Examples

15 Beneficiary Violation Sample Case Initial Allegation Beneficiary Violation on three annuities Source Relative of annuitant Investigation Process Annuitant deceased Collection of documents Agent Interview Admitted to the violation Outcome Three year suspension $25,000 civil penalty $250 administrative costs

16 STOLI Sample Case Initial Allegation The policyholder was offered $8000 to take out a $9 million life insurance policy Source Insurance Company Investigation Process Interviewed policyholder Collection of documents Agent Interview attempted Outcome Determined agent misrepresented the policyholders net worth as $12.5 million when it actually was $2000 Agent s license was revoked

17 Daman Bryan Complaint

18 The Investigation Contact with Insurance Companies Each insurance company that Daman Bryan represented was conducted for a list of all policyholder names that had an address change, surrender or a withdrawal. Copies of applications, policies and withdrawal/surrender paperwork was requested for each identified policy holder.

19 The Investigation Review of Bank Records Numerous bank accounts were subpoenaed to track deposits, withdrawals and to identify potential victims. The review of the bank records identified a total of nine victims. The bank records identified $685,000 in questionable deposits.

20 Witness Interviews The Investigation After identifying nine potential victims, witness interviews were conducted Bryan s policyholders did not know they were victimized Actual statements made by victims: He is such a nice man. I am supposed to go to a Cavs game with him tomorrow. He balances my check book for me. He visited me while I was in the hospital. He completed my tax returns for me. He treated me like I was his mother. My freezer is full of Omaha steaks that he gave me.

21 The Investigation Search Warrant of Agent s Residence City of Medina Police Department assisted ODI with the execution of a search warrant at the residence of Daman Bryan The purpose of the warrant was to seize financial records, client files and computer equipment Search Warrant lasted approximately 7 hours

22 The Investigation Hand Writing Analysis Bryan was issued a grand jury subpoena to meet ODI investigators to obtain a hand writing sample. The purpose of the sample was to determine if Bryan forged signatures of policy holders on insurance related documents. The samples were sent to the Attorney general s Office, Bureau of Criminal Identification and Investigation for analysis. Many of the documents were returned with a high probability that Bryan singed them.

23 August of 2009 Indictment Bryan was indicted by the Medina County Grand Jury on 27 counts of Theft. For each of the nine victims, there were three counts of theft.

24 Arrest November of 2009 Bryan was apprehended by US Marshalls in Bucerias, Nayarit, Mexico (north of Puerto Vallarta) and transported to Arizona for extradition.

25 January 2010 Extradition Bryan was extradited from the State of Arizona and returned to Ohio by two deputies from the Medina County Sheriff s Office.

26 May 17, Convicted On May 17, 2010, Bryan was convicted of the following: 1 st Degree Felony 1 Count 2 nd Degree Felony 4 Counts 3 rd Degree Felony 2 Counts 4 th Degree Felony 2 Counts Committing County: MEDINA Admission Date: 05/21/2010

27 Damon Bryan Sentenced Number: A DOB: 06/28/1968 Gender: Male Admission Date: 05/21/2010 Institution: Lorain Correctional Institution Status: INCARCERATED Stated Prison Term: 7 years Expiration Stated Term: 11/27/2016

28 How To Avoid Becoming The Victim Of An Unscrupulous Insurance Agent When paying for a policy, never write a check directly to the insurance agent. Checks should always be made out to the insurance company. When meeting with an insurance agent, try to have a family member or trusted friend present. Never sign blank insurance documents.

29 How To Avoid Becoming The Victim Of An Unscrupulous Insurance Agent Take your time to review the insurance documents and ask many questions. Register your telephone number with the Federal Trade Commission to be put on the Do Not Call List.

30 How To Avoid Becoming The Victim Of An Unscrupulous Insurance Agent Prior to meeting with an agent Verify the status of their insurance license Verify if the agent s license has been the subject of any disciplinary action -or- Consumer Services Division

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