Home Forums Gear Free Classifieds VERY beautiful full custom rifle, Mauser heart, in 7mm Mashburn Super. Pic HEAVY!

Yeah, an Oregon DOI employee found me to have lied to investigators, when they compared notes from over 6 years of questioning me and found discrepncies when
i had to go from memory each and every time plus truly was becoming very ill and weak, but there is not any mention of anyone being financially harmed by following my recomendations because they were not.

As a result of the transaction, Ms. Holmes actually incurred withdrawal penalties of $2,017.08. In addition, because the CDs with the bulk of the Holmes‟s money paid an interest rate higher than the expected effective rate of return on the annuity, Ms. Holmes stood to lose additional earnings on her money for the next ten years. Furthermore, under the terms of the annuity, Ms. Holmes would be unable to withdraw most of her money for the next nine years without paying a penalty.
Mr. Claiborne told Ms. Holmes that transferring money into the annuity would shield it

13. On September 22, 2006, the Division received a letter, signed by Norma Holmes, responding to Mr. Claiborne‟s letters. (Ex. A6.) Jane Holmes assisted her mother in writing the letter. (Test. of Holmes.) The letter asserted that Mr. Claiborne told the Holmes that the banks were waiving all penalties for closing the CDs. Norma Holmes also asserted that Mr. Claiborne told her that the Bankers Life annuity would operate “just like a savings account” and that he did not explain that the Holmes would have restricted access to withdrawals for ten years. (Ex. A6 at 1.) Ms. Holmes also asserted that Mr. Claiborne did not explain that she would need to annuitize1 the annuity in order to shield the money from creditors should Mr. Holmes enter a nursing home. Furthermore, Ms. Holmes wrote that she did not have any “dealings” with Mr. Claiborne between the time he sold her a long term care insurance policy and the day he sold her the annuity. (Id.) Ms. Holmes wrote that the Holmes‟ did not desire to make changes in their investments and felt more secure having their money in three banks, rather than having “all of our eggs in one basket.” (Id.)

Her purchase of the annuity resulted in an immediate financial loss and a potential loss of future interest earnings. It also placed restrictions on her access to her investments for a significant period of time. It made little economic sense for an elderly couple, one of whom was 84, the other 76, to place their money into an annuity that placed limits on their access for nearly a decade.
The evidence therefore established that Mr. Claiborne failed to conduct a reasonable inquiry and did not, indeed could not, have reasonable grounds to believe that the annuity he recommended to Ms. Holmes was suitable for her. As such, the Division concludes (as did the ALJ), that Mr. Claiborne violated OAR 836-080-0090.

15. On December 4, 2007, Bankers Life reached a settlement with Ms. Holmes which included the surrender of the annuity, without penalty. In addition, Bankers Life agreed to reimburse Ms. Holmes for all bank penalties associated with surrendering her CDs. Edward Holmes died in September 2009. Norma Holmes died in April 2010. (Test. of Holmes.)

Bankers Life agreed to pay a civil penalty of $150,000 for violations of OAR 836-080-0090 that occurred from January 28, 2005 through October 28, 2008, the effective date of the Order. In exchange, the Division agreed that it would not take any enforcement action against Bankers Life for violations of OAR 836-080-

Page 16 of 30 Amended Proposed Order, Claiborne, Case No. INS 10-02-005

0090 that occurred prior to October 28, 2008.