Plaintiffs Fourth Amended Petition - Texas State Securities Board

D. The RV Defendants received certificates that certified the life expectancies from
the James Defendants and not directly from Midwest Medical, and that Midwest
Medical issued a disclaimer for certificates not received directly from Midwest
Medical.
E. Information relating to the consequences of the insured living past his or her life
expectancy estimate and the utilization of a “premium call” to pay pro-rata
obligations necessary to keep life insurance policies in force and effect, including
without limitation, the consequences of other investors refusing or being unable to
satisfy their obligations under a “premium call.”
F. True and accurate information regarding the life expectancy estimates including,
but not limited to, what a life expectancy estimate means.
109. In connection with the offer for sale and sale of the RSLIP Program, RV Defendants
engaged in fraud by misrepresenting one or more of the following relevant facts
relating to the true accuracy, reliability or historical performance of Midwest
Medical in the analysis of medical records of insureds and/or the estimation of the life
expectancy of insureds:
A. RV Defendants directly or indirectly, misrepresented, for example, that in excess
of 90% of insureds die within their estimated life expectancy and that 98.5% of
insureds die within their estimated life expectancy plus a term of twelve (12)
months. However, Midwest Medical has been accused in other regulatory actions
of providing life expectancies that are too short.
B. RV Defendants directly or indirectly, misrepresented that setting aside premiums
for the insured’s life expectancy plus 24 months “insur[ed] that Retirement
Value’s projections missing target [life expectancy was] less than 2%.”
110. In connection with the offer for sale and sale of the RSLIP Program, RV Defendants
engaged in fraud by misrepresenting relevant facts relating to life expectancy
estimates, by making representations indicating that the life expectancy report provides
the anticipated date the insured will die. For example, 90% of insureds die within their
estimated life expectancy and that 98.5% of insureds die within their estimated life
expectancy plus a term of twelve (12) months.
111. In connection with the offer for sale and sale of the RSLIP Program, RV Defendants
engaged in fraud by intentionally failing to disclose one or more of the following
material facts relating to the business repute, qualifications, and experience of
Defendant Gray:
A. True and accurate information about Defendant Gray's sale of bonded life
settlements through SIS, as well as true and accurate information related to SEC
v. Secure Investment Services, Inc. et aI., Case No. 2:07-cv-O1724-LEW-CMK,
State of Texas v. Retirement Value, LLC, et al.
Plaintiff’s Fourth Amended Verified Petition Page 32 of 57