In business today the words honor, integrity and federal and state regulations are something to take seriously.
On June 22, 2006 I wrote a post about the United States Department of Justice (USDOJ) structured settlement program. At the time I observed that certain structured settlement brokers who hold themselves out, to plaintiffs and plaintiff attorneys, to be "plaintiff exclusive" appear on the USDOJ list.
Per 28 CFR 50.24(b), an annuity broker who desires to be included on the list must submit a "Declaration", under penalty of perjury, that he or she has reviewed the list of minimum qualifications set forth in 28 CFR 50.24(a) and that he or she meets those qualifications
One of the affirmations in the declaration is:
"I have had substantial experience in each of the past three years in providing structured
settlement brokerage services to or on behalf of defendants or their counsel."
The declaration must be made annually
The general perjury statute under Federal law provides for a prison sentence of up to five years, and is found at1621 and .
Since I wrote my June post some of the folks dropped off the list. Here is the current list published December 19, 2006.
However, one structured settlement broker continues to list, despite the fact that he/she and his/her company solicited business and distributed brochures to attorney prospects from all across the USA at last summer's ATLA (now AAJ) meeting which ask the question "What does Plaintiff-Exclusive Mean To You?". Plaintiff attorneys who read the USDOJ declaration should be asking the same question of that broker.
Consider that you can't advertise "plaintiff exclusive" and on the other hand sign the USDOJ declaration in good faith. For the broker in question, one of the statements has to be false. Logically he or she is making misrepresentations to his or her plaintiff clients and engaging in false advertising, OR he or she is making a false statement under penalty of perjury to the United States Department of Justice. Which is it?
The broker knows who he or she is. I call on the broker to come forward, send a letter to the person in charge of the USDOJ program and withdraw his or her name from the USDOJ list immediately. If you don't it's only fair that the appropriate authorities be informed.