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Posted by Fay Arfa | Jun 25, 2018 | 0 Comments

SANTA ANA, Calif. – A licensed insurance agent was convicted today of a $1.6 million annuity fraud scheme targeting elderly Southern California residents.



Sentence (Court Offer)

Mark Malatesta, 55, San Clemente

Pleaded guilty today to the following felony counts:

  • (10) Insurance fraud
  • (9) First degree residential burglary
  • (2) Theft from elder
  • (2) Grand theft

Sentencing Enhancement Allegations

  • Non-accomplice present during residential burglary
  • Over $100,000 loss
  • Property damage over $1.3 million
  • Aggravated white collar crime over $500,000
  • 10 years in state prison (suspended)
  • Five years of formal probation
  • Full restitution in the amount of $282,000
  • No longer allowed to work in finance or insurance industry

Circumstances of the Case

  • At the time of the crime, Malatesta was a licensed insurance agent with Heritage Financial Insurance Services and was appointed by EquiTrust Life Insurance Company to sell their products.
  • Between 2014 and 2016, the defendant exploited at least 10 elderly consumers by falsifying their age on annuity applications and obtaining more than $135,000 in illegal commissions.
  • The victims were over 75 years old, the maximum age for these annuities, and Malatesta modified their date of birth so they would appear young enough to quality.
  • Malatesta convinced his senior victims to terminate a total of $1.6 million in existing investments, which caused them to lose a total of $45,000 in surrender penalties before the funds matured.
  • The defendant falsely promised the victims large bonuses to offset their losses.
  • Malatesta sold the victims new annuities for which they did not qualify due to their advanced age.
  • Insurers canceled the fraudulent investments once they discovered Malatesta provided false information, subsequently losing nearly $1.8 million in refunds and interest paid to the victims.
  • This case was investigated by the California Department of Insurance (CDI), and CDI investigators arrested Malatesta on March 12, 2018.

Resources from CDI

Be Aware Of Deceptive Sales Practices When Purchasing Annuities

What Seniors Need to Know About Annuities

Prosecutor: Senior Deputy District Attorney Marc Labreche, Major Fraud Unit

Orange County District Attorney / Case # 18NF0615 / June 22, 2018

About the Author

Fay Arfa

Fay Arfa has the distinction of being Certified as a Specialist in two separate areas of law – Criminal Law as well as Appellate Law – by the California State Bar, Board of Specialization. The National Board of Trial Advocacy has also awarded her a board Certification in Criminal Trial Advocacy. ...


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