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February 26, 2010
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New York Annuity News

 

Georgia Man Sentenced For Investment Advisor Fraud

Atlanta, GA - DENNIS A. MARTIN, 37, of Marietta, Georgia, pleaded guilty today in federal district court to a single-count criminal information charging him with mail fraud.

“The defendant is a securities broker who abused the trust of his clients and stole millions of dollars. We seek ‘real-time’ investigation and prosecution of corrupt professionals in the securities industry. The defendant broke the law in March 2006 and, less than three months later, he is facing a lengthy prison sentence for his crimes,” said U.S. Attorney David E. Nahmias.

According to United States Attorney Nahmias and the information presented in court:

MARTIN was a financial advisor and registered representative of Linsco/Private Ledger, a securities broker registered with the Securities and Exchange Commission (SEC). In late April 2006, several of MARTIN’s clients complained to Linsco/Private Ledger claiming that MARTIN misled them into believing that MARTIN would invest the proceeds of their investments in annuity contracts with better rates of return.

In fact, however, MARTIN converted these funds to his own personal use either through forged distribution requests or distribution requests actually executed by his clients who were led to believe that MARTIN intended to legitimately reinvest the client’s money. Some of MARTIN’s clients’ funds were invested in annuities held by Pacific Life Insurance Company.

MARTIN’s scheme victimized more than ten clients, resulting in losses of approximately $4,600,000. In furtherance of his scheme, on or about March 21, 2006, MARTIN caused Pacific Life Insurance Company to draft a check in the amount of $198,077.57, which represented funds in an annuity contract owned by one of MARTIN’s clients, to be mailed to MARTIN at his office in Atlanta, Georgia. MARTIN then converted those funds for his personal benefit.

MARTIN pleaded guilty to a criminal information charging him with mail fraud. He could receive a maximum sentence of 20 years in prison and a fine of up to $250,000.

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Did You Know?    
 
 
Annuity tax-free exchanges, known as 1035 exchanges
Section 1035 of the U.S. tax code allows you to exchange an existing variable annuity contract for a new annuity contract without paying any tax on the income and investment gains in your current variable annuity account. These tax-free exchanges, known as 1035 exchanges, can be useful if another annuity has features that you prefer, such as a larger death benefit, different annuity payout options, or a wider selection of investment choices.

 


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Annuity Lawyers.com Terms

 


Today's Terms

Option A

Definition:
$10,000 in coverage that you can elect in addition to Basic insurance. Also called standard optional insurance.

Annuity, Postponed

Definition:
Delaying your FERS annuity benefit to sometime in the future after meeting your Minimum Retirement Age but before age 62.

Option B

Definition:
Coverage, equal to up to 5 multiples of your annual basic rate of pay, that you can elect in addition to Basic insurance. Also called additional optional insurance.

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Annuity Law Hot Topics

 
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