Rick Perry’s plane trips: An example of Sarah Palin’s crony capitalism?

Update: On Jan. 3, 2012, the Securities and Exchange filed suit against Life Partners accusing it and top three executives of defrauding shareholders by overvaluing the life insurance policies it buys from its customers, AP reported.

The SEC also accused Life Partners president Brian Pardo of insider trading. Pardo and the company quickly denied the charges.

Original story follows:

Commission Sarah Palin blasted “corporate crony capitalism” in an Iowa September 2011 speech to supporters. Many interpreted this as an attack on Gov. Rick Perry’s pay-to-play political machine.

Maybe this is an example of the type of thing Palin is talking about:

As first reported in the Wall Street Journal and then Dave Lieber’s Watchdog column in the Fort Worth Star-Telegram, when Texas Gov. Rick Perry and his family flew to South Carolina in August 2011 to announce his presidential run, he rode on a private jet owned by a contributor facing major troubles from federal and state regulators.

Brian Pardo, chief executive of Life Partners Holdings of Waco, gave $50,000 in 2010 to Texans for Rick Perry, records show. He’s a pioneer in the life-settlement investment industry, where investors buy death bonds. They pay for portions of strangers’ life insurance policies, pay the premiums and collect after a person dies. If the people exceed life-expectancy estimates, the investments go bad.

At the federal level, the Securities and Exchange Commission notified Life Partners this year that it intends to file an enforcement action related to accounting and disclosure practices.

At the state level, the Texas State Securities Board, part of the executive branch, has investigated Life Partners for more than a year. Recently, the board — working with the Texas attorney general’s office — filed a court petition seeking to force the company to honor its state-issued subpoenas for company records. In court papers, the board says the company engaged in fraudulent business practices.

Life Partners refuses to give information to state securities regulators. Company lawyers say the financial products are not securities and shouldn’t be regulated as such.

AP PHOTO

No federal or state charges have been brought against the company, which has denied wrongdoing. But Life Partners also faces a slew of lawsuits from shareholders and disgruntled customers.

The governor’s rides in Pardo’s airplane — one to Iowa in addition to the South Carolina trip — were first reported on the front page of The Wall Street Journal.

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Life Partners didn’t respond to a request for an interview, but in an e-mail to the Journal, Pardo wrote, “I did not discuss the SEC investigation with the governor, to the best of my recollection.”

Perry spokesman Mark Miner told The Life Settlements Report website, “Mr. Pardo was not on the airplane with Governor Perry.” It wasn’t clear which of the two flights he was referring to.

Pardo told the newspaper that the Perry campaign paid for both trips, as required by federal election law.

Neither the governor’s office nor his campaign responded to a request for information from The Watchdog. The state securities board declined to comment, too.

Life Partners describes itself as a purchasing agent that matches people who can no longer afford or don’t want to continue paying their life insurance premiums — or people who bought policies to resell — with investors who buy fractional interests in the policies.

Life Partners’ estimates on when the original policyholders will die have been inaccurate, with many living longer than expected. The Life Settlements Report, an industry newsletter, said that for 262 deaths reported by the company, life expectancy was double the company’s estimates.

The company’s former life-expectancy estimator, a Reno, Nev., doctor, handled up to 200 individual medical reports a week. His job was to guess how long each person would live. By one estimate, he spent nine minutes per case compared with an industry standard of more than an hour reviewing a person’s health history.

Pardo is quoted in the WSJ as saying he supports Perry for president.

Is this the kind of matter that Sarah Palin is talking about?

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Texas Legislature won’t deliver needed life insurance reforms

Texas state regulators hoped to tighten rules for one particular investment that has cost Texans hundreds of millions of dollars.

But the Legislature is not going to come through for consumers.

As readers of the Fort Worth Star-Telegram Dave Lieber Watchdog column first learned, not one lawmaker has introduced a bill that would clarify state law on the life settlement industry and determine whether the investments — essentially bets on when a stranger will die — are securities.

Both the Texas Department of Insurance and the Texas State Securities Board requested a law to tighten consumer protections, as other states have done. But the agencies couldn’t find any takers among legislators.

In his pre-session report to lawmakers, outgoing state Insurance Commissioner Mike Geeslin wrote that the life settlement industry “has produced a substantial amount of harm to Texas investors, resulting in at least five receiverships and bankruptcies involving several hundred million dollars in investor funds.”

He asked lawmakers to “consider clarification of authority over the investment side of the life settlement industry,” which he said was a billion-dollar industry in 2008.

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Regulators want to end confusion between the Insurance Department and the Securities Board over regulation. Life settlements are considered insurance-related because the companies that sell them are licensed by insurance regulators. But some life settlement investments are also considered securities.

Texas’ most prominent life settlement company, Life Partners of Waco, faces a U.S. Securities and Exchange Commission investigation into how it estimates life expectancies of insured people.

Ed McMahon did ads for Life Partners.

The publicly traded company also faces a slew of lawsuits from shareholders and disgruntled customers. One shareholder’s lawsuit, filed last month in federal court in Waco, says the company used unrealistic life expectancy data. That information was the basis for reports that were deceptive and fraudulent, the lawsuit alleges. (The company has not publicly responded to the suit.)

State Sen. John Carona, R-Dallas, chairs the Senate’s Business and Commerce Committee, which would have reviewed any bills about life settlements. Through a staffer, he answered my question about the lack of a bill.

“There is currently pending litigation in the field as well as federal SEC activity. At this time, we are monitoring these events but do not feel we have enough information to file and pass legislation. And it is difficult to conduct thorough research at this stage of the session.”

That is somewhat surprising not only to regulators but also to others watching the industry. Scott Skelton, a Lufkin lawyer who is seeking Life Partners customers for a potential class-action lawsuit, said: “If the SEC is investigating it and other states are regulating it, you’d think Texas would want to regulate it as well. But you never know what’s going on in the Legislature. They’ve got a lot of fish to fry this session.”

Life Partners, founded in 1991, claims $2.8 billion in transactions. The company has won two major court rulings in the past 15 years that its products are not securities and not under SEC supervision.

The company matches people who can no longer afford or don’t want to continue paying their life insurance premiums — or people who bought policies to resell them — with investors who pay a fee to buy fractional interests in the insurance and pay the premiums. They receive the benefits when insured people die.

The investments go bad when people live beyond life expectancy estimates.

Analyses completed in recent weeks of Life Partners’ financial records on file with the state show that the company has an abysmal record of predicting life expectancies.

The Wall Street Journal reported that of 297 policyholders, 283 outlived the life expectancy estimate given to investors. The Life Settlement Reports, an industry newsletter, reported that for 262 deaths reported by the company, life expectancy was double the company’s estimates.

The reason, apparently, is that the company’s estimator, a Reno, Nev., doctor, handled up to 200 life expectancy reports a week. He worked only part time.

One estimate was that he spent an average of nine minutes studying a person’s medical history. Others in the industry may take an hour or more.

Life Partners has not been charged with any wrongdoing in Texas. Company spokeswoman Andrea Atwell declined to comment for this column, except to say that at the Waco offices, “It’s business as usual.”

Forrest Roan, an Austin lawyer who represents insurance companies before state regulators, praised lawmakers for not rushing to make changes. “When you’re talking about lawsuits and investigations, you ought to wait because when you enact a law, you need to have all the facts at hand,” he said. “You don’t want to run out and put something on the books just to be doing it.”

State regulators aren’t so patient.

A spokesman for the State Securities Board says that in the last two years, the agency has tried to help 2,200 people who invested about $219 million in life settlements.

“Many are elderly or retired,” spokesman Robert Elder says. “When all is said and done, many of these victims will have lost all or a substantial portion of their money.

“The amount of fraud is staggering, and the need for legislation is clear.”

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