October 8, 2006 1 GlobalSource LLC Eastern Claims Conference February 26 – 28, 2006 New York, NY

October 8, 2006October 8, 2006 www.globalsourcellc.com www.globalsourcellc.com 11

GlobalSource LLCGlobalSource LLC

Eastern Claims ConferenceEastern Claims Conference

February 26 – 28, 2006February 26 – 28, 2006

New York, NYNew York, NY



PRESENTERS:

Joe Healy Bill Marshall GlobalSource LLC GlobalSource LLC 81 Grayson Place 10472 Armstrong Street Teaneck, NJ 07666 Fairfax, VA 22030 (201) 837-1575 (703) 273-4525 [email protected] [email protected]



EXPLORING FRAUDULENT FOREIGN

DEATH CLAIMS:

Beyond Borders


Death in a Foreign Country—Death in a Foreign Country—Foreign Official Records:Foreign Official Records:

Are the foreign records “authentic”?Are the foreign records “authentic”?

1) Are they what they claim to be? Are 1) Are they what they claim to be? Are signatures and seals of medical / police signatures and seals of medical / police personnel legitimate?personnel legitimate?



Death in a Foreign Country—Death in a Foreign Country—Foreign Official Records Foreign Official Records (cont’d):(cont’d):

Are the foreign records “authentic”?Are the foreign records “authentic”?

2) Testimony by persons with knowledge2) Testimony by persons with knowledge

3) Authentication by appropriate foreign and 3) Authentication by appropriate foreign and US consular officials: Federal Rule of US consular officials: Federal Rule of Evidence 902(3)Evidence 902(3)



Death in a Foreign Country—Death in a Foreign Country—Foreign Official Records Foreign Official Records (cont’d):(cont’d):

Are the foreign records accurate?Are the foreign records accurate?

Can they be relied upon as truthful Can they be relied upon as truthful evidence even if authentic?evidence even if authentic?



Vital role of investigator in Vital role of investigator in answering these questions:answering these questions:

Rule of thumb: Nothing is what it Rule of thumb: Nothing is what it seems to beseems to be




Questions…Questions…

1) Is the documentation too complete and 1) Is the documentation too complete and perfect?perfect?

2) Do the documents contain legible or 2) Do the documents contain legible or clear seals and signatures?clear seals and signatures?




QuestionsQuestions (cont’d): (cont’d):


3) Have the foreign official 3) Have the foreign official documents been authenticated documents been authenticated by US or foreign consular by US or foreign consular officials?officials?



The United States has been a signatory to the 1961 Hague Convention since 1981.

According to the U.S. State Department: “The Convention provides for the simplified certification of public (including notarized) documents to be used in countries that have joined the convention. Documents destined for use in participating countries and their territories should be certified by one of the officials in the jurisdiction in which the document has been executed. Said official must have been designated as competent to issue certifications by ‘apostille’ (usually in the office of the State Secretary of State of his/her counterpart) as provided for by the 1961 Hague Convention.”


Useful links regarding official Useful links regarding official recognition of foreign documents:recognition of foreign documents:

• http://www.hcch.net/index_en.php?act=conventiohttp://www.hcch.net/index_en.php?act=conventions.pdf&cid=41ns.pdf&cid=41Discusses what “public documents” are covered under the Discusses what “public documents” are covered under the 1961 Hague Convention, the form of the “apostille” 1961 Hague Convention, the form of the “apostille” (certificate) accompanying the official document, and the (certificate) accompanying the official document, and the records that signatory countries must maintainrecords that signatory countries must maintain

• http://www.hcch.net/upload/outline12e.pdfhttp://www.hcch.net/upload/outline12e.pdfDiscusses the purpose of the 1961 Hague Convention, lists Discusses the purpose of the 1961 Hague Convention, lists the 87 member countries, and how it greatly simplifies the the 87 member countries, and how it greatly simplifies the legalization of foreign documentslegalization of foreign documents




Questions (cont’d):Questions (cont’d):

4) Are documents presented by beneficiary 4) Are documents presented by beneficiary official or unofficial? official or unofficial?

e.g., A Medical Certificate of Cause of Death is e.g., A Medical Certificate of Cause of Death is not a Death Certificate not a Death Certificate




QuestionsQuestions (cont’d):(cont’d):


5) 5) Is there an independent witness who Is there an independent witness who saw death?saw death?

6) Are documents expected to be 6) Are documents expected to be submitted missing or “unavailable”?submitted missing or “unavailable”?





7) Was the body disposed of in a manner 7) Was the body disposed of in a manner inconsistent with local custom or laws?inconsistent with local custom or laws?

e.g., a body would decompose in transit e.g., a body would decompose in transit from Pakistan to from Pakistan to AfghanistanAfghanistan





8) Are the documents internally consistent?

e.g., does date of birth on application match that on passport, do height measurements on paramed report match those in autopsy report, do parents’ names listed in obit match those on FDQ





9) Was the claim filed just after the end of the contestable period?

10) Was the insured an American citizen living or working abroad?





11) Can the insured’s presence in the US at the time of the application and travel to the country where the death occurred be confirmed?


Be careful in making assumptions:Be careful in making assumptions:

1) Foreign official records may be very 1) Foreign official records may be very sloppy; that does not necessarily mean sloppy; that does not necessarily mean they are not legitimatethey are not legitimate

e.g., official and unofficial Dominican e.g., official and unofficial Dominican Republic documents had eight variations Republic documents had eight variations on the spelling of insured’s nameon the spelling of insured’s name



Be careful in making assumptions (cont’d):Be careful in making assumptions (cont’d):

2) Foreign records may be in English, when 2) Foreign records may be in English, when one would not expect them to be, one would not expect them to be, particularly in countries colonized by the particularly in countries colonized by the BritishBritish

e.g., medical records in Nigeria, Pakistane.g., medical records in Nigeria, Pakistan



Importance of a Good Foreign Death Importance of a Good Foreign Death QuestionnaireQuestionnaire

• Helps identify inconsistencies in documentsHelps identify inconsistencies in documents• Provides valuable investigative leads in follow-on Provides valuable investigative leads in follow-on

investigation (witnesses’ names/phone numbers, investigation (witnesses’ names/phone numbers, examining physician name / phone number, examining physician name / phone number, purpose of travel, investigating police officers’ purpose of travel, investigating police officers’ names / locations, etc.)names / locations, etc.)

• If fraudulent claim, can be used as another If fraudulent claim, can be used as another element to prosecute beneficiaryelement to prosecute beneficiary



““Trust, but Verify”Trust, but Verify”

- Ronald Reagan- Ronald Reagan



Thank YouThank You

GlobalSource LLCGlobalSource LLCwww.globalsourcellc.comwww.globalsourcellc.com (703) 273-4525 (703) 273-4525

Joe Healy, Bill MarshallJoe Healy, Bill Marshall
