| A.__Whose principal activity related to the transaction is | providing funds to effect the settlement or purchase of one | or more purchased policies or to provide credit enhancement; | and |
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| B.__Who has an agreement in writing with one or more | licensed settlement providers to finance the acquisition of | settlement contracts or to provide stop loss insurance. |
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| "Financing entity" does not include a nonaccredited investor. |
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| | 5. Financing transaction.__"Financing transaction" means any | transaction in which a licensed settlement provider obtains | financing for the purchase, acquisition, transfer or other | assignment of one or more settlement contracts or policies | acquired pursuant to a settlement contract or interests therein, | including, without limitation, any secured or unsecured | financing, securitization transaction or securities offering, | either registered or exempt from registration under federal and | state securities law, or otherwise sells, assigns, transfers, | pledges, hypothecates or otherwise disposes of a settlement | contract or policy acquired pursuant to a settlement contract or | interest therein. |
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| | 6.__Fraudulent viatical or life settlement act.__"Fraudulent | viatical or life settlement act" includes: |
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| A.__Acts or omissions committed by any person who, knowingly | or with intent to defraud, for the purpose of depriving | another of property or for pecuniary gain, commits, or | permits its employees or its agents to engage in, acts | including: |
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| (1)__Presenting, causing to be presented or preparing | with knowledge or belief that it will be presented to | or by a settlement provider, settlement producer, | financing entity, insurer, insurance producer or any | other person false material information, or concealing | material information, as part of, in support of or | concerning a fact material to one or more of the | following: |
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| (a)__An application for the issuance of a | settlement contract or insurance policy; |
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| (b)__The underwriting of a settlement contract or | insurance policy; |
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| (c)__A claim for payment or benefit pursuant to a | settlement contract or insurance policy; |
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