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Frankel Case Sparks New Debates

By ADAM GORLICK, AP
04:37 PM ET 09/19/00

WASHINGTON (AP) _ Insurance companies, state regulators and federal lawmakers agree Martin Frankel took advantage of shortcomings in state insurance rules to swindle more than $200 million from insurance companies. But they're divided over whether imposing new federal regulations would safeguard against similar fraud in the future.

Currently, individual states regulate insurance companies without federal oversight. And a congressional report released this week shows that a lack of uniform policies and communication among state agencies allowed Frankel to concoct what investigators say was a $200 million embezzlement scam.

In testimony submitted to a House subcommittee that held a hearing on the report Tuesday, Michigan Rep. John Dingell said state insurance regulators ``were either too blind to see, or too unwilling to acknowledge, the scam Mr. Frankel perpetrated, openly and fearlessly, over a period of eight years.''

He says federal regulations will be needed if states don't quickly become better industry watchdogs.

Federal investigators say Frankel ran an unlicensed insurance brokerage from his fortress-like Greenwich estate. He disappeared in May 1999, leaving behind piles of smoldering documents. He was arrested in Germany months later with a bundle of loot, and convicted on passport fraud and tax evasion charges. He is now fighting extradition to the United States where he faces embezzlement charges.

Investigators say Frankel bought small insurance companies in Tennessee, Mississippi, Arkansas, Oklahoma and Missouri and raided them.

The Frankel case is giving insurance companies and state and local officials the opportunity to discuss whether the industry should be federally regulated.

Insurers are split on the issue. Some say uniformed regulations are needed; others say the creation of federal rules will disrupt a multibillion dollar industry.

The National Association of Insurance Commissioners, a group of state insurance regulators, wants Congress to let each state make its own improvements. They say a law enacted last year already puts in place stricter state regulations that could guard against the type of scam investigators say Frankel pulled off.

``We don't see that legislation is necessary,'' said Lee Covington, a NAIC chairman.

Philip Urban, who testified on behalf of three groups representing insurance industries, agrees.

``My company and the other companies I represent today do not see federal regulation as an appropriate approach to modernization of state regulation,'' said Urban, who is also the president of the Grange Insurance Companies.

Urban said federal regulation could stifle competition among insurance companies and bog them down with paperwork.

But Drayton Nabers Jr., chairman of the Protective Life Insurance Company, said a federal regulatory system is worth considering.

Representing the American Council of Life Insurers, Nabers said a federal regulation system would mean insurance companies operating in more than one state would have to deal with only one regulatory agency. However, he acknowledged that companies doing business in a single state might prefer a more simple and less expense state regulatory system.

``For the insurance business to remain viable and serve the needs of its customers effectively, our system of insurance regulation must become far more efficient,'' Nabers said. ``This is not a call for less regulation. It is a call for strong regulation administered efficiently.''

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