Abusive Tax Shelters & 419 Plans Lawsuits: The IRS is Attacking All 419 Welfare Benefit Plans...

Abusive Tax Shelters & 419 Plans Lawsuits: The IRS is Attacking All 419 Welfare Benefit Plans...: The IRS has been attacking all 419 welfare benefit plans, many 412i retirement plans, captive insurance plans with life insurance in them,...

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    Many graduates of these short programs say they only want to help older Americans. But they are frequently dispensing financial counsel that they are not qualified to offer, advocates for the elderly say. And thousands of them are paid by some of the country’s largest insurance companies to sell elderly clients complicated investments that some economists say most retirees should never own.

    More than two dozen such programs now exist, and have enrolled more than 39,000 people over the last decade.

    But some of the existing programs, which are often linked to insurance companies, have taught agents to use abusive sales techniques, regulators say.

    Some insurers have been listed as sponsors at seminars with names like the Million Dollar Academy, where thousands of sales representatives were advised to scare retirees by saying, “I am all that stands between you and potential catastrophic loss.” Other seminars instructed agents to “drive a wedge” between retirees and their established advisors.

    “The insurers are happy to turn a blind eye to what salesmen are doing, as long as they make a sale,” said Minnesota’s attorney general, Lori Swanson, who is suing several companies, contending that their products are at best inappropriate, and possibly worse.
    Insurance companies say they investigate the backgrounds of all agents, screen all sales to consumers to make sure they are appropriate, and have terminated representatives using improper sales methods. Those companies said they were not aware of abusive methods taught at any seminar they endorsed.

    Some insurance companies say that they do not tolerate misrepresentation.

    Another insurance company, in a statement, said “Any evidence of sales agent misconduct, without exception, results in immediate termination.”

    Nonetheless, complaints over sales of insurance products have soared. In particular, grievances have stemmed from annuity sales. Obviously, occasionally a buyer of a product buys it without a full understanding of the product. If the product does not perform as expected, possibly because the stock market went down, the buyer may have a selective memory failure. The buyer can then complain to the insurance company, among other places. If the salesperson sold in good faith, and the product was appropriate, sometimes the buyer may still have recourse. Is this fair?
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