SEC Accuses Costa Rican Firm of Settlement Fraud

January 21, 2011 at 07:00 PM
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The U.S. Securities and Exchange Commission (SEC) has charged an offshore financial company and the company's president with carrying out fraud involving life settlement bonds.

Provident Capital Indemnity Ltd. (PCI), Costa Rica, misrepresented its ability to satisfy obligations under the life settlement financial guarantee bonds, according to an SEC complaint filed in the U.S. District Court for the Eastern District of Virginia.

PCI President Minor Vargas Calvo and Jorge L. Castillo also misrepresented PCI's ability to satisfy its obligations under the bonds, the SEC alleges.

"They made material misrepresentations about the assets that backed PCI's bonds, PCI's credit rating, the availability of reinsurance to cover claims on PCI's bonds, and whether PCI's financial statements had been audited," according to the SEC.

The U.S. attorney's office for the Eastern District of Virginia and the fraud section of the U.S. Department of Justice's Criminal Division have announced that they also are taking action against the defendants. Vargas was arrested Jan. 18 at John F. Kennedy International Airport in New York, and Castillo was arrested Jan. 19 in New Jersey, according to the U.S. attorney's office.

The bonds PCI sold were supposed to protect investors in life insurance policies by paying an amount equal to the face value of a policy if the named insured lived beyond the estimated life expectancy, according to the complaint. From 2004 to March 2010, PCI issued about 197 bonds backstopping investments in life insurance policies with a total face value of about $670 million, according to court pleadings.

Vargas and Castillo represented to life settlement issuers and investors that Castillo had audited PCI's financial statements under generally accepted accounting standards, according to court documents. The SEC alleges that Castillo never audited PCI and instead issued clean audits under orders from Vargas.

The SEC alleges that PCI's financial statements were provided to a credit rating firm, which gave PCI a favorable rating based on PCI's reported net worth. PCI then misrepresented in its sales materials that the rating reflected "successful customer satisfaction" and "the ability to maintain one of the insurance industry's lowest loss ratios," the SEC alleges.

PCI and Vargas also represented that PCI was backed by reputable reinsurers at a time when the firm had no reinsurers, the SEC charges.

PCI representatives were not immediately available to comment on the allegations.

In related news, the SEC has updated its Investor Bulletin on life settlements to include a warning about life expectancy guarantee bonds.

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