Agent Arrested and Convicted for Selling an Annuity.

[b61mack]

You are missing one of the most appealable reason. Ineffective counsel. After reading what the state's expert witness, said. WOW! This guy was bia's against insurance agents. Anything other than term life insurance is bad. You should get on the phone with the insurance investigator, he is in california. I think he hangs out in the am pm insurance fourm, he is on this forum once in a while. just google him. i think his name is corbett, or something like that.
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That forum is ampminsure.org it is worth a call to the insurance investigator. He seems to be a go to guy. With insurance problems, and he has better credentials than the states witness. The bia's of the states witness, maybe an appealable reason.

 

[Arthur Rudnick]

originally posted by b61mack

You are missing one of the most appealable reason. Ineffective counsel. After
reading what the state's expert witness, said. WOW! This guy was bia's against insurance agents. Anything other than term life insurance is bad. You should get on the phone with the insurance investigator, he is in california. I think he
hangs out in the am pm insurance fourm, he is on this forum once in a while. just google him. i think his name is corbett, or something like that.

What's an insurance investigator going to do? Glenn has already been to trial, convicted and sentenced.

 

[b61mack]

As I have said many times, I think his best way to appeal is inaffective counsel. But there maybe another way. The insurance investigator is a monitor on the other forum, he may have some insite. Did you read what the state witness said at trial. He was very bia's against, insurance agents. According to his testimony, any agent who sell anything but term, is taking advantage of the client. Glenn needs an appealable reason. Most of this appeal is a re-hash of the cases. He needs a fresh look. I only know the insurance investigator, by his reputation. It would be worth it for Glenn to talk with him. The bia's of the states witness maybe an appealable reason. Glenn needs to talk with someone with both being an agent and a expert witness. The insurance investigator, cost Met Life millions. He was a champion for those that bought bad UL's in the 80's. This case should have never been brought, but it has, and he is looking jail time. Our jails are full of innocent people. Glenn need to pull a rabbit out of a hat. The insurance investigator may know how to do that. If i remember his story, He worked for Met Life, and found out that the UL's sold in the 80's were blowing up. After he reported it to mangement, they fired him. He in turn brought it to the attention of the dept of insurance, and was their expert witness.
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1-ineffective counsel. 2- bia's expert witness, that is why he needs to talk with corbert, (the insurance investigator). He has a solid reputation with the dept of insurance of ca.

 

[djs]

I've said it before, and I'll say it again. There is more to this story than has been presented here. Ineffective counsel may be true, but I don't think that is what caused the conviction and my guess is wouldn't be successful on an appeal, at least I would hope not (or everyone would appeal based on their lawyer).

If you would like a little bit of the other side of the story, read the DOI complaint. This is public record:
http://www20.insurance.ca.gov/ePubAcc/Graphics/170676.pdf

Now, I'll also continue to say that while Glenn missed several yellow and even a few red flags in this case, I'm not sure I wouldn't have as well. Its much easier to look back and Monday morning quarterback than it is during the process.

Of course, I do have some concerns over the way he presented the 1st year guarantee. I would not have had it plastered on the front of my office. Look at page 6, lower right corner.
http://www.lakeportchamber.com/docs/newsletter-58.pdf

The bottom line of all of this is be careful of what you write down for the client during ANY sales presentation.

Dan

 

[VolAgent]

Here is a California attorney's take on ineffective counsel.

"Ineffective Assistance of Counsel" in California Criminal law

I wouldn't say this argument is a slam dunk. Basically, you need to show there was something that any competent attorney would have argued, but your attorney missed. So you still need some other basis for appealing, besides just saying your attorney was an ***.

 

[djs]

Hey, anytime you lose, your attorney is an ***

 

[VolAgent]

Hey, anytime you lose, your attorney is an ***

What does that say about the guy who hired him?

 

[djs]

When you need to hire an attorney to defend yourself, you have problems already. Its sort of like trying to shop hospitals while you are having a heart attack, you don't. You tend to take the first thing that comes along that doesn't look like it will make you worse off.

Dan

 

[scagnt83]

That handwritten comparison isn't pretty, and I'm not talking about just the handwriting. He certainly did not disclose a few key points.
But the DOI complaint alone hardly justifies a criminal trial.

 

[Larry Tew]

If I read it correctly, any agent that waltzes into the BANK where the money is in a CD instructing them to cut a check to the INSURANCE COMPANY is really not in his right mind.

I'm not sure it deserves jail time, but that is a profound lack of judgment. It BEGS trouble... and he got it.