by John Darer CLU ChFC CSSC
You would think that after the exposure given to the 28CFR 50.24 (a)(6) in this blog that so-called "plaintiff only "brokers would give it a rest as far as trying to get on the Department of Justice list. After all each broker much attest, under the Federal penalty for perjury, that he or she has provided substantial structured settlement services to or on behalf of defendants in each of the past 3 years. The Final Rule that a broker attest attesting to reading and the letter that was sent by Roger Einerson, Asst Dir, Torts Branch to Leslie J. Marsh in July 2007 leave no room for doubt as to how the rule is interpreted. Please read my September 13, 2007 post by clicking here (includes a copy of the letter sent to Marsh)
In the letters to Marsh and several others the Department of Justice fired a clear warning shot across the bow to a number of structured settlement brokers that they mean business.The Federal penalty for perjury is punishable by up to 5 years in jail!
If you disagree with the way the DOJ annuity program works then use legitmate means to protest. Committing perjury as a form of protest is at your own peril.
If you are not committing perjury because what you're signing is true, then by definition you cannot be "plaintiff only". By signing the affidavit you are falsely advertising that you are "plaintiff only" and your clients, to whom you have marketed yourself as "plaintiff only" deserve to know this information.
Don't embarass our industry!
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