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

October 8, GlobalSource LLC PRESENTERS: Joe Healy Bill Marshall GlobalSource LLC GlobalSource LLC 81 Grayson Place Armstrong Street Teaneck, NJ Fairfax, VA (201) (703)

October 8, GlobalSource LLC EXPLORING FRAUDULENT FOREIGN DEATH CLAIMS: Beyond Borders

October 8, Death in a Foreign Country— Foreign Official Records: Are the foreign records “authentic”? 1) Are they what they claim to be? Are signatures and seals of medical / police personnel legitimate? GlobalSource LLC

October 8, Death in a Foreign Country— Foreign Official Records (cont’d): Death in a Foreign Country— Foreign Official Records (cont’d): Are the foreign records “authentic”? 2) Testimony by persons with knowledge 3) Authentication by appropriate foreign and US consular officials: Federal Rule of Evidence 902(3) GlobalSource LLC

October 8, Death in a Foreign Country— Foreign Official Records (cont’d): Are the foreign records accurate? Can they be relied upon as truthful evidence even if authentic? GlobalSource LLC

October 8, Vital role of investigator in answering these questions: Vital role of investigator in answering these questions: Rule of thumb: Nothing is what it seems to be GlobalSource LLC

October 8, Vital role of investigator in answering these questions: Vital role of investigator in answering these questions:Questions… 1) Is the documentation too complete and perfect? 2) Do the documents contain legible or clear seals and signatures? GlobalSource LLC

October 8, Vital role of investigator in answering these questions: Vital role of investigator in answering these questions: Questions (cont’d): GlobalSource LLC 3) Have the foreign official documents been authenticated by US or foreign consular officials?

October 8, GlobalSource LLC The United States has been a signatory to the 1961 Hague Convention since 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.”

October 8, Useful links regarding official recognition of foreign documents: ons.pdf&cid=41 ons.pdf&cid=41 ons.pdf&cid=41 ons.pdf&cid=41 Discusses what “public documents” are covered under the 1961 Hague Convention, the form of the “apostille” (certificate) accompanying the official document, and the records that signatory countries must maintain Discusses the purpose of the 1961 Hague Convention, lists the 87 member countries, and how it greatly simplifies the legalization of foreign documents GlobalSource LLC

October 8, Vital role of investigator in answering these questions: Questions (cont’d): 4) Are documents presented by beneficiary official or unofficial? e.g., A Medical Certificate of Cause of Death is not a Death Certificate GlobalSource LLC

October 8, Vital role of investigator in answering these questions: Vital role of investigator in answering these questions: Questions (cont’d): GlobalSource LLC 5) Is there an independent witness who saw death? 6) Are documents expected to be submitted missing or “unavailable”?

October 8, Vital role of investigator in answering these questions: Vital role of investigator in answering these questions: Questions (cont’d): GlobalSource LLC 7) Was the body disposed of in a manner inconsistent with local custom or laws? e.g., a body would decompose in transit from Pakistan to Afghanistan

October 8, Vital role of investigator in answering these questions: Vital role of investigator in answering these questions: Questions (cont’d): GlobalSource LLC 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

October 8, Vital role of investigator in answering these questions: Vital role of investigator in answering these questions: Questions (cont’d): GlobalSource LLC 9) Was the claim filed just after the end of the contestable period? 10) Was the insured an American citizen living or working abroad?

October 8, Vital role of investigator in answering these questions: Vital role of investigator in answering these questions: Questions (cont’d): GlobalSource LLC 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?

October 8, Be careful in making assumptions: 1) Foreign official records may be very sloppy; that does not necessarily mean they are not legitimate e.g., official and unofficial Dominican Republic documents had eight variations on the spelling of insured’s name GlobalSource LLC

October 8, Be careful in making assumptions (cont’d): 2) Foreign records may be in English, when one would not expect them to be, particularly in countries colonized by the British e.g., medical records in Nigeria, Pakistan GlobalSource LLC

October 8, Importance of a Good Foreign Death Questionnaire Helps identify inconsistencies in documents Helps identify inconsistencies in documents Provides valuable investigative leads in follow-on investigation (witnesses’ names/phone numbers, examining physician name / phone number, purpose of travel, investigating police officers’ names / locations, etc.) Provides valuable investigative leads in follow-on investigation (witnesses’ names/phone numbers, examining physician name / phone number, purpose of travel, investigating police officers’ names / locations, etc.) If fraudulent claim, can be used as another element to prosecute beneficiary If fraudulent claim, can be used as another element to prosecute beneficiary GlobalSource LLC

October 8, “Trust, but Verify” - Ronald Reagan GlobalSource LLC

October 8, Thank You GlobalSource LLC (703) Joe Healy, Bill Marshall GlobalSource LLC