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

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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.