| | | 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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