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	<title>RickBryan.com</title>
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	<link>http://rickbryan.com</link>
	<description>If you need a Will or a Trust, Trust me.</description>
	<lastBuildDate>Fri, 16 Jul 2010 11:46:28 +0000</lastBuildDate>
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		<title>Life Insurance as Multi-Level Marketing</title>
		<link>http://rickbryan.com/?p=445</link>
		<comments>http://rickbryan.com/?p=445#comments</comments>
		<pubDate>Fri, 16 Jul 2010 11:39:56 +0000</pubDate>
		<dc:creator>RickBryan</dc:creator>
				<category><![CDATA[Careers Management]]></category>

		<guid isPermaLink="false">http://rickbryan.com/?p=445</guid>
		<description><![CDATA[Its always been part of the life insurance industry model that agency managers were expected to recruit new agents into the business, and train and nurture them for a few years to become Top of the Table producers.  Yes, selling to friends and family was always the way new agents began their careers, in all companies (which is proper and correct, by the way), and that's not so different from how MLM companies pitch to their new recruits.  The difference, of course, is that the income made from selling products is eventually how agents become top producers in the insurance industry, whereas having an enormous 'downstream' line (like a pyramid) is the ultimate goal of a top producer in the MLM industry. ]]></description>
			<content:encoded><![CDATA[<p>Last night I caught an episode of Penn &#038; Teller&#8217;s &#8220;Bullshit&#8221; on HBO where the duo exposed the hoax behind multi-level marketing (MLM) organizations.  A few days earlier I was out with one of my buddies who is an agency sales director (ASD) for one of the big New York City life insurers, and it struck as to some of the similarities between his role as ASD and how MLM organizations operate.  My friend could barely focus on all of the beautiful women out that evening, but instead complained the whole evening about the pressure he was under to &#8220;recruit, recruit, recruit.&#8221;  &#8220;Build my unit&#8221; and &#8220;recruit producer groups from other companies&#8221; was now my friends&#8217; primary role.  What happened to training financial advisors?  Learning how whole life and variable universal life insurance operate, and the fascinating and wonderfully rewarding career as a life insurance agent.  Apparently, in the last few years, that aspect of the industry has been replaced by corporate pressure down on the agency managers to grow their organizations.  If it were not for the 100+ years in business which most New York insurers can boast about, this strangely resembles the MLM business model Penn &#038; Teller revealed as, in the end, self-emploding and unworkable.  </p>
<p>Its always been part of the life insurance industry model that agency managers were expected to recruit new agents into the business, and train and nurture them for a few years to become Top of the Table producers.  Yes, selling to friends and family was always the way new agents began their careers, in all companies (which is proper and correct, by the way), and that&#8217;s not so different from how MLM companies pitch to their new recruits.  The difference, of course, is that the income made from selling products is eventually how agents become top producers in the insurance industry, whereas having an enormous &#8216;downstream&#8217; line (like a pyramid) is the ultimate goal of a top producer in the MLM industry.  </p>
<p>What seems to have changed now in the life insurance industry is that sales managers are now being told by corporate that their *exclusive* role is to recruit and grow the organization, with product sales and training being of secondary importance.  See this excellent <a href="http://www.mlmlaw.com/library/guides/Primer.htm"> link</a> to a primer on the legal definition of illegal pyramid schemes.  On the whole, the life insurance industry does not come close to being a pyramid scheme, although certainly aspects of how its products are sold does have similarities to multi-level marketing organizations which are borderline illegal.  The main point, I suppose, is that it wasn&#8217;t so many years ago that my buddy and I had a lot of fun &#8216;talking shop&#8217; while cruising New York for wine, women and song.  Now we go out and my buddy is just glad to have some respite from the enormous pressure he&#8217;s under to &#8220;grow his organization,&#8221; which as Penn Jillette says, is just bullshit.</p>
<p>Don&#8217;t misunderstand: it&#8217;s still my opinion that a career as a financial advisor, a Certified Financial Planner &#8482;, and a traditional life insurance agent, is one of the most rewarding careers available in the US.  But at the sales agency management level, it seems like the game has changed recently, and not for the better in my view.  When the agency management&#8217;s focus changes from having the most sophisticated and quality organization to having the largest organization, something is going askew with the industry.</p>
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		<title>Circular 230</title>
		<link>http://rickbryan.com/?p=406</link>
		<comments>http://rickbryan.com/?p=406#comments</comments>
		<pubDate>Sat, 29 May 2010 14:42:53 +0000</pubDate>
		<dc:creator>RickBryan</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://rickbryan.com/?p=406</guid>
		<description><![CDATA[For your reading pleasure is the infamous IRS Circular 230, which governs the conduct of practitioners in IRS matters. It applies to lawyers, CPAs, Enrolled Agents, Actuaries, Retirement Plan Agents and Appraisers. As a general matter, the rules of Circular 230 are intended to &#8216;raise the bar&#8217; as to professional responsibility (conduct and ethics) among [...]]]></description>
			<content:encoded><![CDATA[<p>For your reading pleasure is the infamous IRS Circular 230, which governs the conduct of practitioners in IRS matters.  It applies to lawyers, CPAs, Enrolled Agents, Actuaries, Retirement Plan Agents and Appraisers.  As a general matter, the rules of Circular 230 are intended to &#8216;raise the bar&#8217; as to professional responsibility (conduct and ethics) among professionals representing clients in IRS matters.  <a href='http://rickbryan.com/wp-content/uploads/2010/05/Circular230.pdf'>Circular230</a>.  This all sounds well and good, but part of the impact of Circular 230 is (to some extent) deprive people of the level of &#8216;zealous representation&#8217; by their attorneys which is protected by the 4th, 5th, and 6th Amendments to the Constitution of the United States.  While lying and making false or unsupported legal arguments is and was never a part of a person&#8217;s Constitutional rights vis-a-vis being represented by counsel, Circular 230 has the impact of, for example, playing poker with the IRS and being forced to turn all of your cards over for your opponent to see.  Obviously if you&#8217;re playing poker and your cards are all face up while your opponent gets to hold their cards close to the vest, your odds of winning are decreased fairly significantly.  Perhaps an overstatement; nevertheless Circular 230 is part of a ten year offensive by the IRS to stack the deck in their favor on matters of reasonable disagreements as to the interpretation of federal income tax laws.  Even more significantly than the provisions of Circular 230 are the recent (10+ years) offensive by the Treasury Department to trim the boundaries of the attorney-client privilege.  People have the general understanding that when they are speaking with an attorney, and revealing and disclosing their most personal and confidential matters, that those secrets and confidences will be kept confidential.  Not only is that correct as a matter of New York state law, but more fundamentally it stems from the Bill of Rights.  However the IRS takes the position, in various forms and formats, that when it comes to federal tax law, the attorney-client privilege is not as broad as in other areas of the law.  This is significant not only as to the implications of the federal government whittling away constitutional protections by administrative regulation, which of course won&#8217;t stop with the Internal Revenue laws, but more significant in this area because the taxpayer simply cannot be represented adequately by lawyers alone.  Lawyers need accountants and actuaries to &#8216;run the numbers&#8217; and prepare various spreadsheets and perform mathematical computations.  The lawyer then uses this information to develop a theory of the case and represent the client.  If those accountants&#8217; workpapers are placed face up on the table for the IRS to see, the direct result is a situation where the client is not receiving the same level of Constitutionally protected zealous representation in the area of federal tax law, as the client might receive in other areas of the law.  The long range implications of the government&#8217;s position in this area should be troubling to citizens who believe that ours is a government &#8216;of the people, by the people, and for the people.&#8217;  When the government can make the rules of conduct as between attorney-client, AND can, at the end of the day, enforce those rules with a Glock 10mm Auto, we&#8217;re in real trouble. </p>
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		<title>June 16, 2010 Financial Planning Allied Professionals Networking Event</title>
		<link>http://rickbryan.com/?p=381</link>
		<comments>http://rickbryan.com/?p=381#comments</comments>
		<pubDate>Wed, 05 May 2010 22:59:35 +0000</pubDate>
		<dc:creator>RickBryan</dc:creator>
				<category><![CDATA[Financial Plannaing]]></category>

		<guid isPermaLink="false">http://rickbryan.com/?p=381</guid>
		<description><![CDATA[rk your calendars for 6 PM until 8 PM on Wednesday, June 16, 2010 for our next Financial Planning Association of New York Allied Professionals Networking event.  The event is intended to bring together like-minded professionals from the fields of law and accounting and banking and real estate and a variety of other disciplines]]></description>
			<content:encoded><![CDATA[<p><a href='http://rickbryan.com/wp-content/uploads/2010/05/FPAFlyerJune.pdf'>FPAFlyerJune</a><br />
Mark your calendars for 6 PM until 8 PM on Wednesday, June 16, 2010 for our next Financial Planning Association of New York Allied Professionals Networking event.  The event is intended to bring together like-minded professionals from the fields of law and accounting and banking and real estate and a variety of other disciplines.  Any professional whose practice is tangentially related to financial planning is welcome to attend, and *should* attend to network with dozens of members of the New York financial planning community, and those of other professions who are coming to the networking event.  The Public House, which is at 140 East 41st Street (on the South side of 41st Street, just off the corner of Lexington Avenue), is just a few blocks from Grand Central, and a really great venue for our event.  We&#8217;ll be in the upstairs section partying hard, and networking like crazy!  This is definitely as much of a social gathering as a business event, but make no mistake: financial professionals work hard and are serious about their business, and serving their clients to the best of their abilities.  Financial planners frequently need to call upon related professionals to work on a client matter, and this event provides the attorney and CPA and event promoter and professionals from all occupations with the opportunity to introduce yourself, in a casual and informal atmosphere, to financial planners who might one day need your services.  The event is offered at no cost, and light food will be served all evening.  If you&#8217;d like a glass of wine or beer or other, you can pay $20 for one hour of open bar (6 PM to 7 PM), or $30 for two hours 6 PM to 8 PM.  If you&#8217;re just having a single glass of wine or beer, just buy it at the downstairs bar.</p>
<p>RSVP&#8217;s to Marie.Eckert@Earthlink.net are appreciated, but not required.  CC me on your rsvp, please: RBryan@RickBryan.com</p>
<p>See you there!</p>
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		<title>Free Video Explaining Probate</title>
		<link>http://rickbryan.com/?p=352</link>
		<comments>http://rickbryan.com/?p=352#comments</comments>
		<pubDate>Tue, 09 Jun 2009 05:31:44 +0000</pubDate>
		<dc:creator>RickBryan</dc:creator>
				<category><![CDATA[Probate]]></category>

		<guid isPermaLink="false">http://rickbryan.com/?p=352</guid>
		<description><![CDATA[Some lawyers in Illinois have developed a series of Continuing Legal Education (CLE) courses as part of a new business model they're rolling out; check it out.]]></description>
			<content:encoded><![CDATA[<p>Why reinvent the wheel?  Some lawyers in Illinois have developed a series of Continuing Legal Education (CLE) courses as part of a new business model they&#8217;re rolling out.  In four 15 minute videos, the lawyers give an excellent overview of the probate process and some of the issues executors and family members will face.  For the purpose of understanding how the probate process works, etc., there&#8217;s no significant difference between New York and Illinois law.  So check out the MentorCLE company&#8217;s website<br />
<a href="http://www.mentorcle.com/courses/?courseID=1031&#038;videoID=1">here,</a> and get a lot of your basic questions answered as to how the probate process works.  We use here in New York the term &#8220;executor&#8221; and &#8220;administrator,&#8221; and not (usually) the word &#8220;personal representative,&#8221; as they do in Illinois and many other states.  Some lawyers, perhaps those from &#8216;out of town,&#8217; seem to use the phrase &#8220;personal representative&#8221; in their living trusts.  It hardly matters; these are excellent videos.</p>
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		<title>Financial Wellness Coaching Takes Hold</title>
		<link>http://rickbryan.com/?p=268</link>
		<comments>http://rickbryan.com/?p=268#comments</comments>
		<pubDate>Thu, 16 Apr 2009 03:22:39 +0000</pubDate>
		<dc:creator>RickBryan</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://advisorscafe.com/?p=268</guid>
		<description><![CDATA[A couple of months ago my friend Lora Sasiela was explaining some aspects of modern psychology and psychiatry and Sigmund Freud&#8217;s theories; much of which went over my head, but fascinating nonetheless. Lora is a licensed psychotherapist, and much of her work in the last ten years has been helping people understand the psychological causes [...]]]></description>
			<content:encoded><![CDATA[<p>A couple of months ago my friend Lora Sasiela was explaining some aspects of modern psychology and psychiatry and Sigmund Freud&#8217;s theories; much of which went over my head, but fascinating nonetheless.  Lora is a licensed psychotherapist, and much of her work in the last ten years has been helping people understand the psychological causes of overeating and related health and well-being issues.  Recently, Lora and others have discovered that many of the psychological issues behind overeating are the same or similar to the reasons why people spend beyond their means, and are otherwise unable to achieve financial health and well-being.  Over eating and over spending are different reactions to the same psychological roadblocks.</p>
<p>Lora and others practicing in this field have demonstrated that the same counseling techniques which help people overcome eating issues can be transferred to help people with financial management issues.  Lora&#8217;s work has nothing to do with life insurance or annuities or mutual funds, but financial planners know that an awareness of budgeting and the emotional aspects of saving and investing are more important than effective yields on investments.  Here&#8217;s Lora&#8217;s press release from her <a href="http://www.financialwellnesscoaching.com/">Financial Wellness Coaching</a> website. I think it&#8217;s a great and non-competitive seminar to refer your clients to, and I&#8217;ll be there as an added bonus!</p>
<blockquote><p>FOR IMMEDIATE RELEASE<br />
PRLog (Press Release) – Apr 09, 2009 – WHAT: An innovative financial wellness seminar for those looking to learn powerful tools to eliminate current money anxieties in addition to developing effective strategies to manage one&#8217;s own &#8220;personal economy&#8221; during these turbulent economic times.</p>
<p>WHY: 80% of Americans are reported to be stressed out about money right now. The key techniques given by Lora Sasiela can break the cycle and create a powerful financial transformation.</p>
<p>WHERE: 1133 Broadway, at 26th Street<br />
New York City, New York<br />
Pre-Registration Required: http://www.financialwellnesscoaching.com/</p>
<p>WHEN: Saturday, April 25th<br />
10am-12 noon</p>
<p>HOW: In this comprehensive two hour seminar attendees receive the following: Easy-to-use techniques for making peace with money, freedom from the isolation surrounding money struggles, 5 daily disciplines to prevent money anxiety, an understanding of the importance of money being &#8220;just money,&#8221; simply a tool, identification of unique limiting money beliefs and how to get rid of them, how to cultivate an attitude of gratitude &#8211; which will attract more abundance into your life, a take-home booklet of beneficial tools to continue developing ease in your relationship with money.</p>
<p>WHO: Lora Sasiela, founder of Financial Wellness Coaching, is a psychotherapist and money coach, guiding clients in the powerful transformation of limiting money beliefs that prevent them from enjoying full and rich lives. She has trained at the Financial Recovery Institute and the Women’s Earning Institute.</p>
<p>Financial Wellness Coaching<br />
80 East 11th Street<br />
New York, NY 10003<br />
917.673.3867<br />
Website and Event Registration: http://www.financialwellnesscoaching.com/</p></blockquote>
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		<title>Financial Advisor and Quarterback Sacked for Loss of Yards</title>
		<link>http://rickbryan.com/?p=258</link>
		<comments>http://rickbryan.com/?p=258#comments</comments>
		<pubDate>Tue, 14 Apr 2009 19:47:52 +0000</pubDate>
		<dc:creator>RickBryan</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://advisorscafe.com/?p=258</guid>
		<description><![CDATA[Most of my estate planning engagements come from insurance advisors and CFPs, because among estate planning lawyers I recognize the benefits of life insurance and annuities where many attorneys just can&#8217;t get passed the &#8216;exhorbitant&#8217; commissions being earned by the sales rep despite the value of the product to the client. For that reason, I [...]]]></description>
			<content:encoded><![CDATA[<p>Most of my estate planning engagements come from insurance advisors and CFPs, because among estate planning lawyers I recognize the benefits of life insurance and annuities where many attorneys just can&#8217;t get passed the &#8216;exhorbitant&#8217; commissions being earned by the sales rep despite the value of the product to the client.  For that reason, I have a pretty good sense of how all of the client&#8217;s advisors work together to put the client&#8217;s plan in place correctly and effectively and efficiently.  That&#8217;s how I run my business and profession.  The financial advisor is almost always the &#8220;quarterback&#8221; of the client&#8217;s financial plan; providing the broad outlines of how a client&#8217;s goals might be achieved.  Unfortunately, I lost a big estate planning engagement recently which was in the works for months, and a potentially long term relationship with an advisor, because (in my opinion, obviously) the advisor didn&#8217;t actually understand the role of a quarterback.</p>
<p>The financial advisor (somewhat new to the business, but very successful in a short period of time) was aggressive during the client meetings regarding her role: &#8220;I am the quarterback,&#8221; came out of her month every ten minutes.  Unfortunately, to me at least, she didn&#8217;t actually understand an important aspect of that position.  Which is (at least it used to be before headsets), to setup the offensive formation and assign the routes for the wide receivers and backs, and watch the defense setup and call an audible where necessary.  And then the ball is snapped and the quarterback&#8217;s plan is set in motion.  The point now though is once the quarterback hands the ball off to the running back, the back gets to carry the ball according to how he does his job; cut left or right and juke and sidestep; whatever.  Once the quarterback hands the ball off, it&#8217;s no longer his job to follow the back down the field and direct where he goes to gain yardage.  The QB steps back and watches the play unfold, unless he&#8217;s blocking, of course.</p>
<p>Similarly, once I am handed the role of advising and drafting on the proper construction of a Grantor Retained Annuity Trust, for example, the financial advisor no longer has a role in watching over my shoulder to opine on the clauses I decide to use and how I word various provisions of the document.  This advisor simply couldn&#8217;t understand that trust construction can be accomplished in a variety of ways, and that I was not going to let her nitpick and comment and have me explain the use and available alternatives of every sentence in my documents.  Despite the fact that it was her client and her relationship, the financial advisor just couldn&#8217;t get over her need to control those aspects of the game plan which properly fell under my purview as the attorney on the team.  Unfortunate; one meeting ended acrimoniously and I doubt the clients are going forward with their estate plan, or with the purchase of the insurance and annuities which were on the table.  Most unfortunately, I had about $7,000.00 of billable time on this case, and I&#8217;m certain that&#8217;s money lost, along with a potentially good client relationship, and a relationship with the financial advisor.   Fortunately, I was able to discuss what happened with the advisor&#8217;s managing partner, whom I&#8217;ve known for a long time, and who was aware of the advisor&#8217;s controlling nature.   So at least referrals will still be coming from that agency, if not from that particular advisor. Oh well; we&#8217;ve all got to live and learn.</p>
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		<title>New York Life&#8217;s Mark Pfaff Promoted to Executive Vice President</title>
		<link>http://rickbryan.com/?p=255</link>
		<comments>http://rickbryan.com/?p=255#comments</comments>
		<pubDate>Tue, 31 Mar 2009 12:49:01 +0000</pubDate>
		<dc:creator>RickBryan</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://advisorscafe.com/?p=255</guid>
		<description><![CDATA[One of the class acts in the New York insurance industry is New York Life&#8217;s Mark Pfaff, and the National Underwriter is reporting that Mark was just promoted to Executive Vice President of the US Life and Agency division of the Company. I met Mark for only about twenty minutes or so many years ago [...]]]></description>
			<content:encoded><![CDATA[<p>One of the class acts in the New York insurance industry is New York Life&#8217;s Mark Pfaff, and the National Underwriter is reporting that Mark was just promoted to Executive Vice President of the US Life and Agency division of the Company.  I met Mark for only about twenty minutes or so many years ago when I was interviewing around, and I&#8217;m certain he doesn&#8217;t remember me.  Nevertheless, I recall being surprised at the way Mark brought to the table the qualities of sincerity, candor, warmness, and a no-nonsense business style, but without being brusque.  Too many agency managers can only lead their agencies through scare tactics and intimidation; Mark leads his sales force via the true qualities of leadership: personal confidence in himself, knowledge of his company, their products, and competitors&#8217; companies and products; treating his people as individuals and recognizing and distinguishing hard working agents who need support and guidance, from those who are blowing smoke or sell unethically.</p>
<p>Here&#8217;s a clip from a 2005 New York Life press release announcing Mark&#8217;s promotion to Senior Vice President:</p>
<blockquote><p>NEW YORK, N.Y., December 14, 2005 — New York Life Insurance Company announced today that Mark W. Pfaff has been named senior vice president in charge of the Agency Department. Mr. Pfaff, who is currently senior vice president of the company&#8217;s agency field force in the Northeast Zone, will lead the Agency Department in the Manhattan-based Home Office, replacing Paul B. Morris who will be retiring in January.</p>
<p>Mr. Pfaff joined New York Life in 1985 as an agent. In 1988 he became a sales manager and in 1994 was promoted to managing partner for the Vermont General Office. In 1997 Mr. Pfaff transferred as managing partner to the Park Avenue General Office; later that year he was promoted to agency vice president of Northeastern Agencies. In 1999, he became the zone vice president of Northeastern Agencies, and in the fall was asked to take over the Manhattan General Office as managing partner. In April 2004, he was named senior vice president of Northeastern Agencies overseeing the recruitment, training and development of managing partners and partners, and made responsible for the sales production and overall supervision of the zone office and general offices within the Northeastern Zone. He won the prestigious President&#8217;s Trophy and scored a perfect 4.0 rating on the Company&#8217;s GPA system.</p>
<p>Mr. Pfaff holds a bachelor&#8217;s degree from Manhattan College and an associate&#8217;s degree from Westchester Community College. A native of Pearl River, N.Y., Mr. Pfaff and his wife, Claudia, reside in Charlotte, Vermont with their three children. </p></blockquote>
<p>So here&#8217;s a guy who started as a sales rep, like most of the readers of this blog, and 24 years later is in the inner circle of one of America&#8217;s most prominent and well respected corporations.  Congratulations Mark!</p>
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		<title>IRS Offers Criminal Amnesty to Offshore Account Holders</title>
		<link>http://rickbryan.com/?p=253</link>
		<comments>http://rickbryan.com/?p=253#comments</comments>
		<pubDate>Mon, 30 Mar 2009 12:22:54 +0000</pubDate>
		<dc:creator>RickBryan</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://advisorscafe.com/?p=253</guid>
		<description><![CDATA[The IRS announced the other day that they were willing to forgo criminal prosecution of US taxpayers who held (and failed to report and pay tax on) accounts held offshore. As reported by Thomson Reuters/IRS, IRS Commissioner Doug Shulman has announced what is in effect a settlement offer for those that voluntarily and timely disclose [...]]]></description>
			<content:encoded><![CDATA[<p>The IRS announced the other day that they were willing to forgo criminal prosecution of US taxpayers who held (and failed to report and pay tax on) accounts held offshore.<br />
As reported by Thomson Reuters/IRS,</p>
<blockquote><p>IRS Commissioner Doug Shulman has announced what is in effect a settlement offer for those that voluntarily and timely disclose unreported offshore income. Those meeting the terms of the offer will have to pay back-taxes and interest for six years, and pay either an accuracy or delinquency penalty on all six years. They will also pay a penalty of 20% of the amount in the foreign bank accounts in the year with the highest aggregate account or asset value. In other words, 20% of the highest asset value of an account anytime in the past six years. However, those who come forward on a timely basis will not face criminal prosecution.</p></blockquote>
<p>Penalties and interest will be painful, no question about it.  However it seems like a prudent move insofar as the Service has (or is in the process of) receiving data from foreign banks and financial institutions on US citizens which had been protected under foreign government secrecy laws.</p>
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		<title>Medicare Hospice Benefits</title>
		<link>http://rickbryan.com/?p=234</link>
		<comments>http://rickbryan.com/?p=234#comments</comments>
		<pubDate>Fri, 27 Mar 2009 02:02:07 +0000</pubDate>
		<dc:creator>RickBryan</dc:creator>
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		<description><![CDATA[Here&#8217;s a pamphlet (at the bottom) from the Centers for Medicare &#038; Medicaid Services which explains the benefits of the Medicaid program for people who are terminally ill. The program is is known as Medicare Hospice Benefits, and unfortunately is one of the most underutilized of all the Medicare programs, especially in New York. If [...]]]></description>
			<content:encoded><![CDATA[<p>Here&#8217;s a pamphlet (at the bottom) from the Centers for Medicare &#038; Medicaid Services which explains the benefits of the Medicaid program for people who are terminally ill.  The program is is known as Medicare Hospice Benefits, and unfortunately is one of the most underutilized of all the Medicare programs, especially in New York.  If you&#8217;re not familiar with the term, here&#8217;s how <a href="http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=2430114"> several authors writing for The New York Academy of Medicine</a> define Hospice:</p>
<blockquote><p>Hospice is a program of care for persons in the last phases of an incurable disease and their families or caregivers. Eligibility for this benefit is predicated on a physician’s estimate of prognosis of 6 months or less and the presence of one or more progressive illnesses. The goal of hospice is to manage the physical, psychological, spiritual, social, and practical issues that present as a result of the dying process and continue for the family in the yearlong bereavement period that follows death. Hospice is provided in both home and facility-based settings by an interdisciplinary team of professionals—physicians, nurses, medical social workers, therapists, counselors, and volunteers—who coordinate an individualized plan of care for each patient and family.</p></blockquote>
<p><span id="more-234"></span><br />
An excellent summary of the program is provided by the <a href="http://www.elderlawanswers.com/resources/article.asp?id=3258&#038;section=4&#038;state=">Elder Law Answers website: </a></p>
<blockquote><p> What the Hospice Benefit Covers</p>
<p>Medicare will cover any care that is reasonable and necessary for easing the course of a terminal illness. The Medicare Hospice Benefit provides for:<br />
    * Physician services<br />
    * Nursing care<br />
    * Medical appliances and supplies<br />
    * Drugs for symptom management and pain relief<br />
    * Short-term inpatient and respite care<br />
    * Homemaker and home health aide services<br />
    * Counseling<br />
    * Social work service<br />
    * Spiritual care<br />
    * Volunteer participation<br />
    * Bereavement services</p>
<p>Services are considered appropriate if they are aimed at improving the patient&#8217;s life and making her more comfortable. Physical, occupational and speech therapy, and even chemotherapy, may be covered if they are for comfort, not cure.</p></blockquote>
<p>Checkout the <a href='http://advisorscafe.com/wp-content/uploads/2009/03/hospicecarefrommedicaid.pdf'>pamphlet </a> and give it a casual read.  Very few advisors are aware of this important program; you&#8217;ll be doing a great service by passing this information along to your clients and colleagues.<br />
<a href="http://advisorscafe.com/wp-content/uploads/2009/03/hospicecarefrommedicaid.jpg"><img src="http://advisorscafe.com/wp-content/uploads/2009/03/hospicecarefrommedicaid-791x1024.jpg" alt="hospicecarefrommedicaid" title="hospicecarefrommedicaid" width="491" height="724" class="alignleft size-large wp-image-244" /></a></p>
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		<title>MetLife Getting No Love From the Market</title>
		<link>http://rickbryan.com/?p=186</link>
		<comments>http://rickbryan.com/?p=186#comments</comments>
		<pubDate>Tue, 24 Mar 2009 13:17:13 +0000</pubDate>
		<dc:creator>RickBryan</dc:creator>
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		<guid isPermaLink="false">http://advisorscafe.com/?p=186</guid>
		<description><![CDATA[I thought my buddy was joking last week when he told me &#8220;MetLife is at $11.50!&#8221; Are you kidding?! No, he wasn&#8217;t. And only a few weeks before that, MetLife had been downgraded by one of the ratings agencies. What&#8217;s going on? Even a casual observer of the industry can recognize MetLife is the best [...]]]></description>
			<content:encoded><![CDATA[<p>I thought my buddy was joking last week when he told me &#8220;MetLife is at $11.50!&#8221;  Are you kidding?!  No, he wasn&#8217;t.  And only a few weeks before that, MetLife had been downgraded by one of the ratings agencies.  What&#8217;s going on?  Even a casual observer of the industry can recognize MetLife is the best run company in the sector, and as a market leader outclasses just about every other company in the insurance business.  The answer is, I think, that most analysts simply do not understand the insurance business and are not willing to put in the time and effort to dig deep under the hood, and simply follow the herd mentality when it comes to looking at the financial services sector.</p>
<p>At an insurance conference sponsored by JP Morgan last week, few of the speakers were positive on the industry, although there were some notable exceptions.  One of the fellows running the meeting; I didn&#8217;t catch his full name (he&#8217;s referred to as &#8220;Jimmy&#8221;, I believe), did distinguish MetLife as one of the bright spots in the industry.  I&#8217;ve excerpted a short segment of the conference call, FYI:</p>
<p>At the conference, MetLife executives Eric Steigerwalt and John Rosenthal presented a nice powerpoint showing in great detail why the company is so well positioned, and the analysts and ratings agencies are just missing the boat when it comes to rating their company.  Listen to this short clip from Eric Steigerwalt; of course he&#8217;s in a room full of friends and colleagues so must be cordial, but I think the undertone is &#8220;hey guys, you just don&#8217;t have a clue!&#8221;:<br />
<span id="more-186"></span><br />
<a href="http://advisorscafe.com/wp-content/uploads/2009/03/diversifiedmetlife1.jpg"><img src="http://advisorscafe.com/wp-content/uploads/2009/03/diversifiedmetlife1.jpg" alt="diversifiedmetlife1" title="diversifiedmetlife1" width="550" height="631" class="alignleft size-full wp-image-222" /></a></p>
<p>The most stunning aspect of MetLife&#8217;s presentation I think was that the internal analysts and systems at the company are so strong, MetLife recognized the current economic collapse well in advance and took proactive steps to position itself defensively.  Listen to these two comments by John Rosenthal:  Also regarding the subprime mess: </p>
<p>Here&#8217;s one more slide (the complete powerpoint was filed with the SEC and is available via EDGAR), which illustrates MetLife&#8217;s Commercial Mortgage Backed Securities (CMBS) portfolio well positioned to withstand a deep decline in commercial real estate prices:<br />
<div id="attachment_203" class="wp-caption aligncenter" style="width: 510px"><a href="http://advisorscafe.com/wp-content/uploads/2009/03/cmbsdefensivelypositioned.jpg"><img src="http://advisorscafe.com/wp-content/uploads/2009/03/cmbsdefensivelypositioned.jpg" alt="MetLife CMBS Defensifely Positioned" title="cmbsdefensivelypositioned" width="500" height="531" class="size-full wp-image-203" /></a><p class="wp-caption-text">MetLife CMBS Defensifely Positioned</p></div><br />
So then what&#8217;s the story with the stock price, and the &#8220;negative&#8221; outlook rating by the agencies?  That&#8217;s unclear, although the ratings agencies do not have a lot of credibility any longer, the analysts don&#8217;t seem to be picking up the ball to do their own due diligence and separate the wheat from the chaff, as it were.</p>
<p>One last item: someone asked the question about MetLife asking for a piece of the TARP (Troubled Asset Recovery Program) money, or more commonly the &#8220;bailout&#8221; funds.  I thought it was an interesting question and more interesting answer, because the speaker had just spent thirty minutes explaining why MetLife was in such great capital shape and had hedged and/or foresaw and prepared for the collapse of the residential and commercial real estate markets, but now the answer is &#8220;we have consistently not commented.&#8221;  Bizarre.  Secondly, no one even remotely familiar with the insurance industry would believe for one minute that MetLife&#8217;s Board of Directors would voluntarily put the Company in a position where their executives would be called to sit at those long tables in front of the House or Senate Committees and potentially take a public pummeling, deserved or otherwise.  Not in a million years.  Of course, it&#8217;s part of the job to ask the question anyway.</p>
<p>In any event, the point is that the analysts and market-drivers continue to miss the boat when it come to the insurance industry.  And, MetLife outclasses the rest of the field so dramatically it&#8217;s not even a competition.  *That being said*, as an insurance professional and financial advisor, this only means so much to you and your business and your clients.  Explaining to your clients about a company&#8217;s Commercial Mortgage Backed Securities position is not worth a hill of beans if your applications aren&#8217;t processed and underwritten properly and timely, or a call center rep wasn&#8217;t as polite as your client expected, or account statements are confusing, or sales literature isn&#8217;t available, or advanced markets support is missing.  A company&#8217;s capital position is usually an insignificant factor when it comes to the point when the client signs the application.  Penn Mutual and John Hancock and Guardian Life and New York Life and AXA/Equitable and Northwestern Mutual and Hartford and Lincoln and MassMutual and Prudential and on and on and on; all quality companies themselves with both positive and negative aspects.  *Your career* and your clients&#8217; interests are much more dependent on the local sales and support structure available to you as a financial advisor.  As diligently as MetLife investigates its collateralized mortgage obligations is how diligent you need to be when choosing whose logo will appear above your name on your business card.  Choose wisely.</p>
<p>UPDATE: 3/26/09<br />
Here&#8217;s a filing which was made today by MetLife with the SEC regarding the Temporary Liquidity Guarantee Program (TLGP), which is related to the TARP program, but not exactly.</p>
<blockquote><p>On March 26, 2009, MetLife, Inc. (the “Company”) issued $397,436,000 of Floating Rate Senior Notes due 2012 (the “Notes”) in a transaction exempt from registration pursuant to Section 3(a)(2) of the Securities Act of 1933, as amended. The Notes are guaranteed by the Federal Deposit Insurance Corporation under its Temporary Liquidity Guarantee Program. The sale of the Notes was made pursuant to the terms of a purchase agreement (the “Purchase Agreement”) dated as of March 23, 2009 among the Company and Deutsche Bank Securities Inc. and J.P. Morgan Securities Inc., as representatives of the several purchasers named in the Purchase Agreement. The Notes bear interest at a rate equal to three-month LIBOR, reset quarterly, plus 32 basis points. Interest on the Notes is payable from March 26, 2009 to maturity on June 29, 2012 on each March 29, June 29, September 29 and December 29, commencing June 29, 2009. The Notes are not subject to redemption prior to maturity. The Company expects to use the net proceeds from the sale of the Notes for general corporate purposes.<br />
The Notes were issued pursuant to a fiscal agency agreement dated as of March 26, 2009 between the Company and The Bank of New York Mellon Trust Company, N.A., as fiscal agent (the “Fiscal Agency Agreement”). The Company agrees to furnish a copy of the Fiscal Agency Agreement to the Securities and Exchange Commission upon request. </p></blockquote>
<p>Frankly, analyzing and understanding what this is about is quite a few steps above my pay grade, and I&#8217;ve got an Order to Show Cause which needs to be drafted and submitted tomorrow, and three dozen other cases in various stages of progress, so I won&#8217;t be (I don&#8217;t think) looking into this; it&#8217;s beyond the scope of the purpose of this blog.  Here&#8217;s a link to a Wikipedia article regarding the <a href="http://en.wikipedia.org/wiki/Temporary_Liquidity_Guarantee_Program">TLGP program.</a> If someone could explain what&#8217;s going on, we&#8217;d all appreciate it.</p>
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