Plaintiffs Fourth Amended Petition - Texas State Securities Board

iii.
The effect of the sale, transfer or assignment of the ownership of the life
insurance policies and the effect of the change of beneficiary of the life
insurance policies.
C. The assets, liabilities or capitalization of Defendant Hill Country Funding, or any
information that will allow a prospective investor to assess or verify that
Defendant Hill Country Funding will continue to operate through the maturity of
investments in the HCF Bonded Program.
D. Defendant Hill Country Funding was not maintaining sufficient capital, funds to
pay interest payments due investors and to pay the necessary premiums to
maintain the re-sale life insurance policies.
E. The identity of and information about the source of the re-sale insurance policies
in the HCF Bonded Program.
F. Information relating to the methodology used to track the insured and determine
when he or she dies.
G. A true and accurate accounting of the actual or anticipated use of investor funds,
including but not limited to the amount of investor funds that would be used to
pay commissions to sales agents, fees or profits to Defendant Hill Country
Funding, SIS, SIS-Houston, or ASA, and any of their agents, or the amount of
investor funds that would be used to acquire the re-sale life insurance policies and
pay the policy premiums therefore, the effectuation of medical reviews to predict
a date of death, and any other fees or charges associated with the HCF Bonded
Program.
H. True and accurate information regarding the bonding companies including, but
not limited to, the assets, liabilities or capitalization of the bonding companies that
will allow prospective investors to assess or verify that the bonding companies
will have the ability to pay investors their return or continue to operate through
the maturity of the investment.
CAUSE OF ACTION NO. 5
VIOLATION OF DECEPTIVE TRADE PRACTICES ACT
116. The preceding paragraphs are incorporated by reference to support this cause of action as
if fully set forth herein.
117. Plaintiff has reason to believe the RV and HCF Defendants have engaged in and will
continue to engage in the unlawful practices set forth herein. Plaintiff therefore has
reason to believe these Defendants have caused adverse effects to legitimate business
enterprises which lawfully conduct trade and commerce in this State. Accordingly, the
State of Texas v. Retirement Value, LLC, et al.
Plaintiff’s Fourth Amended Verified Petition Page 39 of 57