Funeral trust scam in Illinois costs Merrill Lynch Life $18M

Merrill Lynch Life Agency Inc. will pay the Illinois Division of Insurance $18 million to settle a state investigation into the firm’s role in an imploded trust that was supposed to cover consumers’ funeral expenses.
MAY 21, 2009
Merrill Lynch Life Agency Inc. will pay the Illinois Division of Insurance $18 million to settle a state investigation into the firm’s role in an imploded trust that was supposed to cover consumers’ funeral expenses. Between 1986 and 1999, the Seattle-based subsidiary of Merrill Lynch & Co. Inc. of New York marketed and sold tax-exempt variable universal life insurance policies as investments inside a pre-need trust managed by the Illinois Funeral Directors Association in Springfield. The trust held the proceeds from about 49,000 consumers’ purchases of prepaid funeral contracts. However, the trust’s value tanked, falling from more $300 million at the end of 2007 to about $250 million in less than two years and attracting scrutiny from the state’s Department of Financial and Professional Regulation. A three-year investigation by the department revealed that the association — the trustees of the fund — had used variable universal life policies, purchased on the lives of its members, as investments inside the trust. The association is already in hot water with state comptroller Dan Hynes, whose office said in 2005 that the trust was underfunded by $39 million and who now demands that the association cough up $10 million that it allegedly took from the trust in excess management fees. Edward L. Schainker, the Merrill Lynch Life registered representative who sold the variable universal life policies to the association members and recommended this corporate-owned life insurance investment plan, violated insurable-interest laws in Illinois, according to license revocation documents from the state. He also didn’t determine whether his investment plan would provide the revenue necessary to cover the trust’s liabilities, according to the documents. As punishment, Mr. Schainker has been stripped of his insurance license and fined $100,000 in civil penalties. Meanwhile, Merrill Lynch Life, while not admitting to the state’s allegations, will pay the $18 million into a special fund held by insurance director Michael T. McRaith and Mr. Hynes. The money will help offset any losses that association members experience as they deliver on their funeral contracts to the affected consumers. “We're participating in this resolution so we can be part of ensuring that the families get the services they paid for,” said William Halldin, a spokesman for Merrill Lynch.

Latest News

Advisor moves: RBC lands $1B UBS team in Pittsburgh
Advisor moves: RBC lands $1B UBS team in Pittsburgh

Elsewhere, Wells Fargo Advisors adds a $400 million Morgan Stanley veteran in Naples as an ex-Cetera advisor goes independent with LPL

GWG’s Heppner hires Puff Daddy’s attorneys as criminal sentencing looms
GWG’s Heppner hires Puff Daddy’s attorneys as criminal sentencing looms

According to a federal charges Bradley Heppner, 60, received more than $150 million in payments through funneling money from GWG Holdings to a shell company.

Investors accuse Broadstreet fund of alleged billion-dollar 'Ponzi-like' scheme
Investors accuse Broadstreet fund of alleged billion-dollar 'Ponzi-like' scheme

A $1B fund allegedly skimmed 30% off the top, then swapped cash for locked-up stock.

Lawsuit alleges Skechers founders manipulated $9.4B buyout to shortchange investors
Lawsuit alleges Skechers founders manipulated $9.4B buyout to shortchange investors

Insiders allegedly rewrote projections three times in four days.

Fintech bytes: FINNY signs Visionary Square for pay-as-you-go AI prospecting program
Fintech bytes: FINNY signs Visionary Square for pay-as-you-go AI prospecting program

TCI Wealth Advisors also has also tapped JIFFYAI to unify onboarding and servicing, while TradePMR adds ICE market data to its Fusion advisor platform

SPONSORED Built on insurance experience to deliver on long-term promises

Knighthead Life entered the market with a competitive MYGA. A strong launch earned advisor confidence and paved the way for FIAs.

SPONSORED In the Age of AI, Trust Becomes the Advisor's Greatest Asset

As AI makes financial information more accessible than ever, Lana Hock explains why human judgment, trust, and empathy remain the qualities clients value most in a financial advisor