Legal Question in Criminal Law in California

Is this legal?

I am an independent life insurance agent and I am licensed with a number of insurance companies. With one of these companies, I purchased a flexible premium deferred annuity on myself a number of years ago. The surrender charge on this auity has expired and I can now freely make additions and withdrawals with no withdrawal charges...much like a money market fund.

As an agent, I receive a commission on every deposit into this annuity.

What I want to know is would I be breaking any laws if I maximize my commissions by frequently depositing and withdrawing money from this annuity?


Asked on 12/31/03, 7:44 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Is this legal?

I believe that this process is referred to as churning and is illegal. However, you should ask the question of an attorney that is familiar with securities law.

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Answered on 1/02/04, 9:46 pm


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