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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Dave Lieber, The Watchdog columnist for The Fort Worth Star-Telegram, is the founder of Watchdog Nation. The new edition of his book, Dave Lieber’s Watchdog Nation: Bite Back When Businesses and Scammers Do You Wrong, is available in hardcover, as a CD audio book, ebook and hey, what else do you need. Visit our store. Now revised and expanded, the book won two national book awards in 2009 for social change. Twitter @DaveLieber

Another Texan convicted in life settlement investment swindle

If you’re keeping score at home, as I am, of tribulations of Texas companies involved in the life settlement business, another company has been knocked out of the game.

Life settlements are investments in which investors buy life insurance policies belonging to others and then pay premiums. When the person dies, the investor reaps the benefits.

The Justice Department announced in the fall of 2010 that Eric M. Kurz of The Woodlands pleaded guilty to conspiracy to commit mail fraud and money laundering.

Kurz created marketing materials that he knew were false for a Houston company, A&O, according to his guilty plea. A&O received $100 million from investors in 38 states and Canada based on its false marketing. Other principals in the company await trial.

In his materials, he bragged that the company had a national staff scattered in several offices, employed 150 people and produced a 16 percent rate of return for investors. Prosecutors say none of that was true.

The company had four employees. Court records state that “virtually none” of its investors made money.

Other principles in the company face legal troubles in an upcoming trial. Presumably, Kurz will be the star witness.

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Read previous Watchdog Nation reports on the life settlement industry:

Life settlements are the wild west of the investment industry

Financial adviser warns clients about investigators

Fighting financial exploitation of the elderly

How to lose almost $50,000 through betting on someone else to die

# # #

Dave Lieber, The Watchdog columnist for The Fort Worth Star-Telegram, is the founder of Watchdog Nation. The new 2010 edition of his book, Dave Lieber’s Watchdog Nation: Bite Back When Businesses and Scammers Do You Wrong, is out. Revised and expanded, the book won two national book awards in 2009 for social change. Twitter @DaveLieber

Dave Lieber book that won two national awards for social change.

How to lose almost $50,000 through betting on someone else to die

Sharon Brady realizes that she will never see the 16 percent annual return she was promised on her $50,000 investment. Worse, she realizes she may have lost most of her money.

“This actually makes you physically ill,” she says.

The retired Tarrant County sheriff’s deputy invested in what regulators describe as an alternative investment: life settlements. Her money was used to buy insurance policies of older adults who want to cash out and sell their benefits to investors. When the original policyholder dies, investors, who pay the premiums, reap the death benefits. The quicker the person dies, the greater the payoff.

As I reported in the spring, the company she invested with, Retirement Value LLC. of New Braunfels, has been shut down by the state. Now comes word from the court-appointed receiver that commissions paid to financial advisers and company officials were 30 percent. Read the report here.

Dave Lieber helps protect consumers at WatchdogNation.com

Of $77 million raised in a year from 900 investors like Brady, about $10 million went to Retirement Value and $13 million went to sellers of the program. Brady says nobody told her commissions would be that high.

Eduardo Espinosa, the receiver, told me: “Every time I’ve spoken to an investor, they did not realize the commissions were coming off the top, or the extent of the commissions.”


Dave Lieber exposes bad consumer practices at WatchdogNation.com

Receiver Eduardo Espinosa


Texas is one of a few states that don’t regulate life settlement investments specifically. The term does not appear in state law.

The Texas State Securities Board, which closed Retirement Value, evaluates each complaint case by case. The agency’s enforcement director says that fraud is growing and that Texas is wide open for abuses.

A lengthy report released last month by the Securities and Exchange Commission recommends that Congress toughen federal laws for life settlements. Texas lawmakers may do the same in the 2011 session.

The state receiver’s report is the first full look at the workings at Retirement Value.

The contents, which Espinosa describes as allegations, portray, in his words, “substantial evidence of fraud.”

Although the company was a little more than a year old, its sellers raised $77 million in the first year. Investors were promised that their money would be placed in third-party escrow accounts. That didn’t happen. The money was kept under the control of Retirement Value, the report alleges.

As the state prepared to seize the company’s assets, CEO Richard Gray moved $1 million from company coffers to another company set up by friends. The receiver found out and seized the money. The receiver has seized $25 million all told.

The company purposefully underestimated the life expectancy of policyholders to lure investors, the report alleges. The estimates used were calculated by a company run by a convicted felon.

The report also alleges that investors were told false information that prevented them from making informed decisions. That’s against state law.

How much Brady and the other investors get back is up to the receiver. He has to decide whether to pay back the 900 investors from that seized $25 million or keep the investments alive by using that money to continue paying insurance premiums.

“I anticipate there will be a loss,” he says. “How big? I don’t know.”

Brady made the investment last year at the Camp Bowie Boulevard office of James E. Poe, owner of Senior Retirement Planners. Poe introduced Brady to Bruce Collins, chief operating officer of Retirement Value.

“They really played it up,” Brady says of the investment, sometimes called “death bets” by critics.

After the state came down on the company, Poe wrote Brady and about 20 other investors that they should be wary when contacted by state investigators.

“You are under no obligation to respond, or even continue the conversation,” Poe advised his clients in a letter.

Poe told me in June that the investments were good and that the company would come out of this. The receiver’s report makes that seem unlikely. (The Retirement Value receiver’s website is www.rvllcreceivership.com.)

Last week, Poe said that the company’s side is not being told. He said his lawyer advised him not to discuss specifics with his clients.

“There’s not enough room in your paper to present a fair and balanced argument on both sides of this, sir,” he said.

Barry Bishop, a lawyer for former CEO Gray, did not respond to a request for an interview.

When I asked about commissions, Poe answered: “Every business in America operates on a profit margin. And a 30 percent profit margin for a company that creates a product can be made to look disgraceful. Or it can be made to look like a reasonable return.”

The receiver says the story of Retirement Value offers a warning to investors: Whenever someone touts an alternative investment that promises low risk and high rewards, be skeptical.

“That should trigger an alarm in your head that something is not right,” Espinosa says. “Dig a little deeper.”

The former sheriff’s deputy knows that now: “It affects your life in all directions. Even though you pick up the pieces and act normal, it’s always there in your mind.”

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Read our previous stories on this subject below:

Life settlements are the wild west of the investment industry

Financial adviser warns clients about investigators

# # #

Dave Lieber, The Watchdog columnist for The Fort Worth Star-Telegram, is the founder of Watchdog Nation. The new 2010 edition of his book, Dave Lieber’s Watchdog Nation: Bite Back When Businesses and Scammers Do You Wrong, is out. Revised and expanded, the book won two national book awards in 2009 for social change. Twitter @DaveLieber

Dave Lieber book that won two national awards for social change.

Financial adviser warns clients about investigators

A year ago, Sharon Brady, a retired Tarrant County sheriff’s deputy, and her husband, Thomas, visited their Fort Worth financial planner intending to invest in a security bond.

But when they arrived at the Camp Bowie Boulevard office of James E. Poe, owner of Senior Retirement Planners, Poe told them there a was change in plans.

That bond sale was over, he said, but he had something else. He introduced the couple to Bruce Collins, chief operating officer of Retirement Value LLC., a New Braunfels company that specialized in life settlement investments.

Dave Lieber helps protect consumers at WatchdogNation.com

As Poe explained it, the company helps investors buy life insurance policies for older people who want to cash out and sell their benefits to investors. Investors pay the premiums, and when the original policyholder dies, investors reap the death benefits. The quicker the person dies, the greater the payoff.

Poe and Collins were quite enthusiastic about the investment, Sharon Brady recalls.

“They really played it up. They told us how bad these people’s health were, and if they died before the predicted time, we would get even more in return.”

The Bradys wrote a check for $50,000.

“And we regret it,” she says.

A month ago, the couple read in a Watchdog column that the Texas State Securities Board issued an order to Retirement Value to stop selling in Texas. The board accused the company of selling unregistered securities and failing to disclose relevant facts to investors.

Worried, the Bradys contacted Poe, who told me in an interview that Sharon Brady was “easily spooked.” He had about 20 clients he put into Retirement Value, so he decided to send each a letter.

The Bradys showed me Poe’s “Dear client” letter.

Poe wrote that the securities board had made similar claims against other life settlement companies but that the allegations never stuck. He predicted the same for the case against Retirement Value.  He predicted the same for the case against Retirement Value and called the securities board’s tactics “a serious abuse of authority.”

He continued, “Your money is safe.” Then he gave advice about what the investors should do if state investigators contact them:

“The TSSB will probably call you at least once, possibly several times, seeking a witness who will say that we failed to inform you of several material facts. The TSSB has, in the past, called other clients of ours, and asked a series of questions which imply that we have failed to explain how the products work.”

“We describe these calls as a ‘witch hunt’ to try to get evidence against the targeted companies. If the TSSB can collect a series of complaints of misrepresentations, they can use that leverage against the subject company in order to extract fines and concessions and, they hope, put the company out of business.

“We have been through this process before. We are proud to inform you that not a single client of our firm has ever asserted that we misrepresented these products. We don’t expect that result to be any different this time.

“The questions you can expect have been phrased as ‘did you know that?’ or ‘were you told that?’ or ‘explain what you were told about.’ Our clients have reported that the tone of the questions implied that their money might not be safe, the company might not be safe, there are convicted felons operating in some support company, Jim Poe might be in trouble, etc.”

He added, “We think that you should know that your response to the TSSB inquiry is totally voluntary. You are under no obligation to respond, or even to continue the conversation. We are not trying to discourage you from talking with the caller, just pointing out your choices.”

He concluded by writing, “We believe that RV will prevail once the facts are placed in evidence.”

Sharon Brady told me the letter offended her. She decided to file a complaint with the securities board.

She said, “When somebody tells you to be quiet, you go ‘Oh yeah? I’m an American. I don’t think this is right. If I’m quiet, all it takes for bad to happen is for good people to do nothing.'”

When I called Poe and asked about his letter, he answered: “Had I known that Sharon Brady was going to send it to you and you were going to print it in the newspaper, I might not have written it. But that’s the way it is. I stand behind it. Every word of it is true.”

I asked the securities board about the letter. In response, a spokesman showed me a copy of a temporary injunction approved May 28 by a judge in Austin.

The state has seized the assets of Retirement Value and placed a receiver in control of the company. The company is now apparently closed. No one answers the telephone.

I couldn’t reach a company lawyer for comment, but Christopher Bebel, a Houston lawyer who represents Chief Executive Richard Gray, is quoted in The Life Settlements Report, an industry newsletter, as saying that the allegations against Retirement Value are a “massive injustice.”

Poe told me that the Bradys’ money is safe because it is in an escrow account controlled by a law firm.

Court-appointed receiver Eduardo Espinosa told me in an interview that his job is to protect the investors and their money. He estimated that of the $50,000 invested by the Bradys in the company, about $35,000 went into the actual investment with the rest going for commissions, fees and profits for Poe, Retirement Value and the other buyers and sellers involved in the multi-layered sales system.

He said “hundreds of customers” are involved.


Dave Lieber exposes bad consumer practices at WatchdogNation.com

Receiver Eduardo Espinosa


Espinosa said he believed false statements were made to potential investors and too-good-to-be-true high rates of return were promised. Retirement Value promised that the insured would die within the predicted time frame about 98 percent of the time. Actually, the number of those dying at the predicted time is closer to 50 percent, he said.

Sharon Brady said, “We feel helpless. We’re retired. We can’t go out and earn this money again and save it again. We depend on that money to guide us through our final years.”

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Update: Poe says in the above post, “We believe that RV will prevail once the facts are placed in evidence.”

Well, not so fast. In June 2010, Bruce Collins, the company’s former chief operating officer, agreed to a $319,000 settlement with the court-appointed receiver who now controls Retirement Value.

The securities board charged the company with selling unregistered securities and engaging in deceptive trade practices when it lured investors into buying insurance policies from policy owners.

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Read a previous report by Dave Lieber about how “Life settlements are the wild west of the investment industry.”

Dave Lieber, The Watchdog columnist for The Fort Worth Star-Telegram, is the founder of Watchdog Nation. The new 2010 edition of his book, Dave Lieber’s Watchdog Nation: Bite Back When Businesses and Scammers Do You Wrong, is out. Revised and expanded, the book won two national book awards in 2009 for social change. Twitter @DaveLieber

Dave Lieber's Watchdog Nation book won two national awards for social change.