apo THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE BILL NELSON IN THE MATTER OF: GEOFEREY ALLEN FRAZIER / ADMINISTRATIVE COMPLAINT TO: GEOFFREY ALLEN FRAZIER 232 St. James Park Osprey, Florida 34229-9065 GEOFFREY ALLEN FRAZIER 101 Chardin Drive Nokomis, Florida 34275-1307 You, GEOFFREY ALLEN FRAZIER, are hereby notified that pursuant to Chapter 626, Florida Statutes, the Insurance Commissioner of the State of Florida, has caused to be made an investigation of your activities while licensed as an insurance agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. You, GEOFFREY ALLEN FRAZIER, are currently licensed in the state as a variable life and annuity contracts salesman, as a life, health, and variable annuity contracts Lo a nn 2) >> salesman, as a life insurance agent, as a life and health insurance agent, and as a health insurance en | 2. At all time pertinent to the dates and occurrences referred to in this Administrative Complaint you, GEOF FREY ALLEN F RANZIER, were licensed as an insurance agent in this state. . | | | ; “COUNT I 3. Paragraphs one through three are realleged and incorporated herein by reference. 4. On or about January 7, 1998, you, GEOFFREY ALLEN FRAZIER, solicited and sold to Oliver T. Kokkila and John Ristine, of Bradenton, Florida, a Pacific Life Insurance last survivor life insurance policy, policy number 23438800, with a $500,000.00 benefit. Oliver T. Kokkila and John Ristine were to be alternative insureds. 5. You, GEOFFREY ALLEN FRAZIER, represented to Oliver T. Kokkila and John Ristine that the premium payments on the life insurance policy would be $50,000 a year for a period of five years at which time the policy would be paid up and that no further premiums would need to be paid. 6. You, GEOFFREY ALLEN FRAZIER, represented to Oliver T. Kokkila and John Ristine that should they both survive for five years; their total premium payments of $250,000.00 would be refunded with 7% interest. 7. Based upon your representations, Oliver T. Kokkila and John Ristine purchased the insurance policy. However, upon submission of the application, Pacific Life declined to issue policy 2343880 on the grounds that John G. Ristine was uninsurable. You, GEOFFREY ALLEN FRAZIER, were aware of this fact. attomey pamed David P. Johnson, set up a false and fraudulent insurance trust with Da id P. A aw 8. You, GEOFFREY ALLEN FRAZIER, failed to inform either Oliver T. Kokkila or John Ristine that the insurer declined to issue the policy they had desired to > purchase. Rather, | you, GEOFFREY ALLEN FRAZIER, on or about February 7. 7, 1998, submitted a false and fraudulent application to Pacific Life for a anew ¥ whole life insurance policy number 23453780 to I o insure the life of Oliver I Kokkila only. “You, GEOFFREY ALLEN F RAZIER, together with an Johnson as the trustee, ‘and 1 naming the trust as owner of the i insurance policy. This: was done without the knowledge or informed consent of either John Ristine or + Oliver T. Kokkila. This - was done for the sole purpose of receiving a commission and receiving the benefits of an insurance policy for which you were not entitled to. 2 : 9. On or about February 7, 1998, you received a check in the amount of $50,000 from John Ristine and Oliver T. Kokila in payment of the premium on the policy they thought they were purchasing. You, GEOFFREY ALLEN FRAZIER, without the knowledge or informed consent of John Ristine or Oliver T. Kokkila, submitted the check to the insurance company, falsely and fraudulently altered so as to make David Johnson, as trustee, the payee, in payment of the premium on the whole life insurance policy number 2345780. 10. Policy number 2345780 was duly issued by Pacific Life. ll. The representations made by you, GEOFFREY ALLEN FRAZIER, to John Ristine and Oliver T. Kokkila concerning the insurance policies, more particularly described in paragraphs 4, 5, and 6 above were false and a material misstatement of fact. John Ristine and Oliver T. Kokkila would not have purchased the insurance policy but for these representations. You, GEOFFREY ALLEN FRAZIER, were aware of this fact. ey IT IS THEREFORE CHARGED that you, GEOFFREY ALLEN FRAZIER, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the State Treasurer and Insurance Commissioner which constitute grounds for suspension or revocation of your insurance Hie nses and d eligibility. for licensure: a received by an agent, iia or adjuster in transactions under. received by the licensee in a fiduciary capacity; and the licensee i in the applicable regular course of business shail account for and pay the same to the i insurer, r, insured, or ‘other person entitled thereto. [Section 626.561(1), Florida Statutes]; (b) Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such Policy or contract, done either | in person or by any form of dissemination of information or + advertising, [Section 626. 61 16), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; . . (d) Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.611(9), Florida Statutes]; (e) Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Section 626.621(2), Florida Statutes] . (f) In the conduct of business under the license or appointment, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of this chapter. [Section 626.621(6), Florida Statutes] See oe Fn ses RE a an unfair or deceptive act or practice involv A | A (g) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 626.951 or s. 626.9561 to be, an unfair method of competition or Florida Statutes] (h) _ False statements and entries. 1 Knowingly: ae ; a. Filing with any supervisory or other public official, : b. Making, publishing, disseminating, circulating, c. Delivering to any person, d. Placing before the public, e. Causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement. [Section 626.9541(1)(e) 1, Florida Statutes] NOTICE OF RIGHTS Pursuant to Sections 120.569 and 120.57, Florida Statutes and Rule 28-106, Florida Administrative Code (F.A.C.), you have the right to request a proceeding to contest this action by the Department. You may elect a proceeding by completing the attached Election of Rights form or filing a Petition. Your Petition or Election of a proceeding must be in writing and must be filed with the General Counsel acting as the Agency Clerk, Department of Insurance. If served by U.S. Mail the Petition or Election should be addressed to the Florida Department of Insurance at 612 Larson Building, Tallahassee, Florida 32399-0333. If Express Mail or hand delivery is utilized, the Petition or Election should be delivered to 612 Larson Building, 200 East pate nr. Gaines Street, Tallahassee, F lorida 32399-0333. The Petition or Election must be received by, ; r filed in the Department within twenty-one (21) days of the date of your receipt of this notice. f YOUR FAILURE TO RESPOND TO THIS ADMINISTRATIVE COMPLAINT WITHIN TWENTY-ONE (21) DAYS WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED _ AGAINST YOU. If'a proceeding i is s requested and there is is no dispute of fac the provisi ns sf Section. 120. 57(2), Florida Statutes would apply. in this regard you may submit oral or written evidence in opposition to the action taken by this agency or a written statement challenging the grounds upon which the agency has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary one will be conducted in Tallahassee, Florida or by telephonic conference call upon your request. If you dispute material facts, which are the basis for this agency’s action, you may request a formal adversarial proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes. If you request this type of proceeding, the request must comply with all of the requirements of Rule 28-106, F.A.C. and contain a) A statement identifying with particularity the allegations of the Department which you dispute and the nature of the dispute; b) An explanation of what relief you are seeking and believe you are entitled to; c) Any other information which you contend is material. i - These proceedings are held before a State administrative law judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere the Department batt request that the hearing be conducted in Tallahassee. or or other of. you request a hearing, you shave the E tto| be represented by coun | qualified representative, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf. - You are hereby notified that mediation under Section 120,573, Florida Stattes, is not available. _ Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior correspondence in this matter shall be considered freeform agency action, and no such h correspondence shall operate asa valid request for a an administrative proceeding. “Anyt request for administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. DATED and SIGNED this 28th day of __ February , 2000. hd L Nokon Treasurer and Insurance Commissioner oan . , - . wes CERTIFICATE OF SERVICE ; I HEREBY CERTIFY that a true and correct t copy of the foregoing Administrative : Comp was mailed by certified mail to: GEOF F REY ALLEN FRAZIER, 222, St. James. Park, Osprey, Florida 34229-9065 and GEOFFREY ALLEN FRAZIER, 101 Chardin Drive, Nokomis, Florida 34275-1307, on this 28th day. of February _ . | , 2000 AL 3S OT on, ass - BOSSART. ESQUIRE, / Division of Legal Services 612 Larson Building Tallahassee, FL. 32399-0333 = RED A/c. 433358-99-AG-2/28/00 RE: AIC-#33358-99- AG: 2/28/00 | also wish to receive the . SENDER: JIM BOSSART, ESQ. SENDER: JIM BOSSART, ESQ. following service (for an extra fee): 7 - ot RESTRICTED [x DELIVERY ; c - Consult postmaster for fee. 4a. Article Number Article Addressed to: 3. Article Addressed to: 8, Addressee’s Address _ GEOFFREY ALLEN, ERAZIER GEOFFREY ALLEN FRAZIER . P 975 975 442 cee NOKOMIS, FL s#274 1301 ci GL $93 KincFisneez , [#b,Serioe Type DX] CERTIFIED Lop 6 BAT KEY FOF TNT ZN ae : PS Form 3611, Dec&mber 1994 Domestic Return Rece:

Docket for Case No: 00-001247