Client Sues Barred Broker Over 'Devastating' Life Insurance Plan

News October 16, 2024 at 05:38 PM
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What You Need To Know

  • FINRA barred Joshua L. Gottlieb in 2017, records show.
  • The broker sold an indexed universal life plan as a 100% win, a lawsuit contends.
  • The plaintiff's lawyer says barred brokers selling complex life insurance plans is a growing problem.
A judge holding a gavel in a court room

Joshua L. Gottlieb, a former securities broker barred by the Financial Industry Regulatory Authority in 2017, faces a lawsuit from a client who alleges he suffered a "devastating" financial loss after buying a recommended life insurance program that was meant to secure a comfortable retirement and provide $12 million for his heirs.

Oregon resident Scott Alldridge and his Alldridge Family Holdings LLC filed a complaint Tuesday in U.S. District Court in Oregon against Ohio resident and insurance broker Gottlieb and two firms he leads, The Gottlieb Organization and Management Solutions LLC.

Alldridge alleges breach of fiduciary duty, negligent misrepresentation, negligence and unjust enrichment in connection with Gottlieb's marketing, sale and management of a defective premium-financed indexed universal life insurance, or IUL, program.

Broker's 'Dire' Financial Condition

Among other points, Alldridge alleges Gottlieb and his firms were in "dire" financial straits and failed to make several annual premium payments, depleting the life insurance policy's cash value and causing the lending bank to foreclose on it.

He also contends he lost over $1.2 million he paid into the program and missed an opportunity to invest in a record-breaking market.

Gottlieb, a "self-proclaimed life insurance expert with complex strategies" to maximize client portfolios, met Alldridge in 2015 and promised he could easily generate substantial retirement income for the client and comfortably provide for his heirs, the lawsuit says.

Gottlieb advised Alldridge he had developed a plan to eventually yield $250,000 in annual retirement income and over $10 million in death benefits, and assured the client he'd need to invest no more than $50,000 a year, the complaint alleges.

Gottlieb also assured that he and his firms would find the lender and secure loans to finance the premiums, ensure the premiums were paid on time and actively manage the policy to make sure the strategy was working as promised, the lawsuit alleges.

Alldridge committed to Gottlieb's plan, paying more than $821,000 over eight years, borrowing nearly $2 million in premium financing and pledging collateral to fund the investment plan and buy an IUL policy with an initial $12 million death benefit, the complaint alleges.

Unbeknownst to Alldridge, the defendants in the case "were in dire financial circumstances at the time of these recommendations and in desperate need of the commissions from the policy," the suit alleges.

"Defendants actively led (Alldridge) to believe they were still actively managing the plan for several years and addressing any issues that arose.

"Indeed, from 2015 and into 2024, Defendants repeatedly and unequivocally advised (Alldridge) that premium financing was being secured, premiums were being paid, their investment plan was 'working,' and there was absolutely no reason for concern," the lawsuit states.

Unpaid Premiums, Foreclosed Policy

Alldridge learned in late 2023, however, that Gottlieb and the firms failed to arrange for or make the $600,000 annual premium payments on several occasions, "depleting the cash value of the policy, and causing a default of collateral requirements with the premium lending bank," the lawsuit contends.

As a result, the bank foreclosed on the policy and surrendered it around June 30, 2023, unbeknownst to Alldridge, according to the complaint, which alleges the cash value was used to pay off the loan used to secure the premium financing.

"The financial consequences of (Gottlieb's and the firms') unlawful acts and omissions have been nothing short of devastating. The policy is gone and was foreclosed on by the bank that provided the premium financing loan," the suit contends.

The cash Alldridge paid into the policy, along with $456,000 he contributed in June 2023 based on Defendants' recommendation to further secure the plan, "is gone," it says.

Alldridge has forfeited the investment returns that he would have enjoyed had Gottlieb "not instructed him to invest in this ill-fated insurance premium financing scheme and instead provided them with competent investment advice," the suit contends.

"Mr. Alldridge would have enjoyed a record-breaking period for the market instead of investing those monies in Defendants' plan," it says.

Further, since the life insurance scheme unraveled, it will be impossible now for Alldridge, who has reached age 56 and been diagnosed with Type II diabetes, to obtain life insurance similar to that originally solicited by Gottlieb, leaving him and his family with a less secure financial future, he argues.

According to the suit, Gottlieb introduced Alldridge to what he called a "white collar" life insurance plan that provided wholesale cost and exposure to the stock market for growth.

Gottlieb told the client he could borrow against the plan at special low rates, allowing for the insurance policy to accumulate wealth through the spread between the low borrowing costs to fund the insurance premium and tax-sheltered growth of investment assets linked to the S&P 500, the suit alleges.

Gottlieb called the plan a "100% win," Alldridge contends.

Gottlieb sells life insurance for Penn Mutual Life Insurance Co., which isn't a party to the lawsuit, according to the complaint, which alleges Gottlieb's firm falsely represented Alldridge's finances and goals to the insurer.

Gottlieb and a representative from his firm didn't immediately respond to an email seeking comment sent Wednesday. A call made to The Gottlieb Organization was answered by a voice mail system.

Joe Wojciechowski of Stoltmann Law Offices, who represents Alldridge, told ThinkAdvisor by email Wednesday that the case is an example of the current regulatory environment, "which allows previously barred financial advisors to slide down the worm hole and sell extremely complex life insurance plans, all under the guise of investment advice, and frankly, make more money doing it."

Scenarios like that described in the lawsuit are "an expanding problem," he said. "Where we had one of these premium financing cases in five years, we now have several at various stages of litigation."

Wojciechowski confirmed that the Gottlieb in the lawsuit was the broker barred by FINRA in 2017 over findings that he didn't respond to an information request.

FINRA was examining outside business activities that Gottlieb had disclosed to his member firm to determine whether he had participated in private securities transactions that violated FINRA rules, according to the authority's website.

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