| | | (3) At the discretion of the superintendent, to a | | person in the business of settlements that is aggrieved | | by a fraudulent viatical or life settlement act. |
|
| | | C.__Release of documents and evidence under paragraph B does | | not abrogate or modify the privilege granted in paragraph A. |
|
| | | 7.__Other law enforcement or regulatory authority. This | | section does not: |
|
| | | A.__Preempt the authority or relieve the duty of other law | | enforcement or regulatory agencies to investigate, examine | | and prosecute suspected violations of law; |
|
| | | B.__Prevent or prohibit a person from disclosing voluntarily | | information concerning viatical or life settlement fraud to | | a law enforcement or regulatory agency other than the | | bureau; or |
|
| | | C.__Limit the powers granted elsewhere by the laws of this | | State to the superintendent or an insurance fraud unit to | | investigate and examine possible violations of law and to | | take appropriate action against wrongdoers. |
|
| | | 8.__Viatical or life settlement antifraud initiatives. In | | accordance with this subsection, a settlement provider licensee | | must have in place antifraud initiatives reasonably calculated to | | detect, prosecute and prevent fraudulent viatical or life | | settlement acts. |
|
| | | A.__At the discretion of the superintendent, the | | superintendent may order, or a licensee may request and the | | superintendent may grant, such modifications of the required | | initiatives under paragraph B as necessary to ensure an | | effective antifraud program. The modifications may be more | | or less restrictive than the required initiatives as long as | | the modifications may reasonably be expected to accomplish | | the purpose of this subsection. |
|
| | | B.__Antifraud initiatives must include: |
|
| | | (1)__Fraud investigators, who may be employees of a | | settlement provider or independent contractors; and |
|
| | | (2)__An antifraud plan, which must be submitted to the | | superintendent. The antifraud plan must include, but is | | not limited to: |
|
| | | (a) A description of the procedures for detecting and | | investigating possible fraudulent viatical or |
|
|