LD 1907
pg. 36
Page 35 of 38 An Act To Govern and Regulate Life Settlements Page 37 of 38
Download Bill Text
LR 2724
Item 1

 
(3) At the discretion of the superintendent, to a
person in the business of settlements that is aggrieved
by a fraudulent viatical or life settlement act.

 
C.__Release of documents and evidence under paragraph B does
not abrogate or modify the privilege granted in paragraph A.

 
7.__Other law enforcement or regulatory authority. This
section does not:

 
A.__Preempt the authority or relieve the duty of other law
enforcement or regulatory agencies to investigate, examine
and prosecute suspected violations of law;

 
B.__Prevent or prohibit a person from disclosing voluntarily
information concerning viatical or life settlement fraud to
a law enforcement or regulatory agency other than the
bureau; or

 
C.__Limit the powers granted elsewhere by the laws of this
State to the superintendent or an insurance fraud unit to
investigate and examine possible violations of law and to
take appropriate action against wrongdoers.

 
8.__Viatical or life settlement antifraud initiatives. In
accordance with this subsection, a settlement provider licensee
must have in place antifraud initiatives reasonably calculated to
detect, prosecute and prevent fraudulent viatical or life
settlement acts.

 
A.__At the discretion of the superintendent, the
superintendent may order, or a licensee may request and the
superintendent may grant, such modifications of the required
initiatives under paragraph B as necessary to ensure an
effective antifraud program. The modifications may be more
or less restrictive than the required initiatives as long as
the modifications may reasonably be expected to accomplish
the purpose of this subsection.

 
B.__Antifraud initiatives must include:

 
(1)__Fraud investigators, who may be employees of a
settlement provider or independent contractors; and

 
(2)__An antifraud plan, which must be submitted to the
superintendent. The antifraud plan must include, but is
not limited to:

 
(a) A description of the procedures for detecting and
investigating possible fraudulent viatical or


Page 35 of 38 Top of Page Page 37 of 38