The Federal Rico Law and how to use it against annuity sales agents when representing and elderly person against an annuity company
A conspiracy allegation will generally be directed to three groups: 1) the insurance companies that issue the annuities (“Annuity Companies”); 2) the marketing organizations or sales agents (collectively referred to as “Sales Agents”) who target, advise, market, and sell annuities to senior citizens; and 3) in some instances, other related companies who assist in the development, marketing, and administration of the deferred annuity products. The sales Agents often pose as financial or estate planning experts who gain the trust and confidence of senior consumers and abuse that trust to discover the extent of the senior consumer’s assets under the pretext of offering advice. The Sale Agents invariably recommend that the senior purchase annuities from Annuity Companies that sell inferior annuities to senior consumers and pay hefty commissions to Sales Agents.
To perpetrate their scheme to defraud senior citizens, Annuity Companies intentionally conceal, omit and fail to fully disclose critical information about the attributes and true risks and infirmities of their deferred annuities. With seniors as the primary target market for their deferred annuities, Annuity Companies develop and use uniform marketing and sales materials that appeal to vulnerable elderly investors and exploit their fears of risky or insecure investments and living out their retirement years without financial security.
Elder Abuse and Financial exploitation: What to Do About It
It is anticipated that when sued by elderly victims, the insurance company and/or its agents, will challenge claims made under New Jersey elder abuse statutes by arguing that they only “issued” the annuities and did not participate in an appropriate behavior or wrongful conduct or “wrongful abuse of trust with the intent to defraud.”
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