ATTORNEY NEWSLETTER Surrender Charges on Whole and Universal Life Insurance If you are over age 60, live in California, and have surrendered a whole or universal life insurance policy, you may have paid a surrender penalty. California law has very specific rules about surrender penalties for seniors.  The insurance and […]

ATTORNEY NEWSLETTER Surrender Charges and Taxes Full or Partial Surrenders Whenever an insurance agent pitches a replacement of your existing annuity, think surrender charges and tax consequences. Surrender charges may be imposed on partial or full surrenders for up to ten years and beyond during the life of a policy. […]

ATTORNEY NEWSLETTER Annuity Scams Targeted At Seniors Annuity Fraud Seniors can often fall victim to financial elder abuse and scams; on average, this can cost an elder $140,500. This number, while certainly shocking, also exemplifies just how far someone is willing to go for their own gain. Some of this […]

ATTORNEY NEWSLETTER Hospital Settles Whistleblower Case for $12.2 Million False Claims Act Suit Whistleblower/qui tam cases brought under the federal False Claims Act (FCA) typically involve direct, illegal claims for reimbursement under government programs such as Medicare and Medicaid.  Sometimes, however, the alleged fraud is more complicated as a recent […]

ATTORNEY NEWSLETTER Elder Abuse: The Hard Facts An estimated $3 billion is lost to seniors and their families every year as a result of financial elder abuse. The number of victims sharply increased in recent years and that number will continue to grow as baby boomers age.  Local law enforcement […]

ATTORNEY NEWSLETTE Financial Elder Abuse Importance of Civil Recovery Actions Financial elder abuse is often criminal. Whether you’re a victim or a loved one, always report criminal financial elder abuse to law enforcement.  But always pursue your civil remedies too.  Criminal prosecutions are important but they are lengthy and work […]

ATTORNEY NEWSLETTER  FINRA Cracking Down on Faulty Annuity Replacements Cracking Down on Exploitation The Financial Industry Regulatory Authority (FINRA) is looking closely at brokers who churn their clients’ variable annuities. Recently, FINRA announced it disciplinary measures against two brokers who churned client annuities.  The churns (ore replacements) resulted in heavy […]

ATTORNEY NEWSLETTER The Pitfalls of Reverse Mortgages Complicated AND Expensive Seniors in Contra Costa County and throughout the State of California are often approached to take out reverse mortgages on their homes. Typically, these seniors have substantial equity in their home and the home’s value has appreciated significantly over the […]

ATTORNEY NEWSLETTER  Whistleblower Anonymity The IRS encourages whistleblowers to assist in prosecuting tax fraud and rewards whistleblowers when the government recovers money. From initial application up to trial, the whistleblower’s anonymity can usually be preserved. If the case gets to the Tax Court the whistleblower/relator’s name is likely to be […]

ATTORNEY NEWSLETTER Banks Can Refuse to Honor Power of Attorney  Power of Attorney Abuse California law requires banks to report known and reasonably suspected cases of financial elder abuse. Recently, the California Legislature expanded that law to allow banks and credit unions the right to refuse to honor a power […]