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The original viatical settlement is a process from which is a fine and pure idea for people who have AIDS or are terminally ill. They can sell their life insurance policy to an investor to accelerate the policy benefit. The investor pays the insured a discounted face value and then gains the return upon the insured’s death. With the development of more than twenty years, viatical settlement process is getting complicated. More participants, more types and different motivation etc. cause more problems to occur. In recent years, many people have invested in viatical settlement in our country. Since most products of viatical settlement have come from US, investors find it hard to recognize the risks behind the process. The goals of this article are to expose the risks, frauds and related law regulations, and to remind investors for reducing the opportunities of loss. This study will introduce the beginning and the evolution of the viatical settlement, as well as introduce the history, background, development, and the different participants. Of course, our main concern is the risks involved, of which we have classified two types, one for the insured’s, and one for the investors. The main focus of this thesis is the risks of the investors. Another area of focus is the motivation of participants who may lead to risk to investors. In fact, the motivation of participants is the main source of risk for investors. Cases will be discussed to offer proof of participants’ behavior leading to risk to investors. Then, another subject of this thesis is the risk for investors is incomplete laws and monitoring of viatical settlement in the US. The federal and state governments in the US have different governing methods, which also leads to increased risk to investors. Fortunately, the US federal government has not ignored the problem and has created more extensive and complete legislature. The American experience with viatical settlements is worth studying and to be learned from. There is a demand for viatical settlements in our country, so this thesis serves to offer suggestions to the government as to allow viatical settlements and to create laws and develop the necessary monitoring systems for security of the investors and policy holders.
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