Welcome to The Halpern Group,experts in structured settlements and negotiation services.

Warning: Recently, phony structured settlement blogs and other forms of websites have been illegally and unethically using our corporate and domain names to attract internet traffic to their websites for profit. These illicit individuals have "pay per click" advertising revenue sharing arrangements with companies such as Google and Yahoo, etc. and they are using our high profile and sterling reputation to attract people to other websites for the so-called "buyers" of structured settlement payments.

Not only does The Halpern Group condemn this marketing practice but also, more importantly, we are publicly opposed to the entire concept of plaintiffs selling their payments. We have seen many examples of this practice wherein the plaintiff only receives 25% to 40% of fair market value when they sell their periodic payments. A properly designed plan for the management of the plaintiff's recovery would eliminate the need to liquidate the fixed periodic payments (in case of an emergency) while making it impossible for the plaintiff to imprudently squander their recovery.

No Halpern Group Structured Settlement would be vulnerable to this type of attack by vultures who prey upon the human weaknesses of already injured people.


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Safety Issues

In all the Structured Settlements offered by the Halpern Group, the assignee is an administration trust with a major bank as trustee. The structures are designed in such a way that there would be a separate administration trust established for the settlement of each lawsuit. Thus, there would be no other creditors other than the plaintiff(s) from the single particular action creating safety that is unparalleled in the Structured Settlement industry.

While it is true that any bank can fail, it must be recognized that in the event of the failure of the bank trustee, all assets held in trust are beyond the reach of the bank’s creditors.

ACT OF SEPTEMBER 28, 1962, 76 Stat. 668.12 U.S.C. 92a...

(c) “National banks exercising any or all of the powers enumerating in this section shall segregate all assets held in any fiduciary capacity from the general assets of the bank and shall keep a separate set of books and records showing in proper detail all transactions engaged in under authority of this section. …”

(d) “No bank shall receive in its trust department deposits of current funds subject to check or the deposit of checks, drafts, bills of exchange, or other items for collection or exchange purposes. Funds deposited or held in trust by the bank awaiting investment shall be carried in a separate account and shall not be used by the bank in the conduct of its business unless it shall first set aside in the trust department United States bonds or other securities approved by the Comptroller of the Currency.”

(e) In the event of the failure of such bank the owners of the funds held in trust for investment shall have a lien on the bonds or other securities so set apart in addition to their claim against the estate of the bank. …”

COMPTROLLER OF THE CURRENCY FIDUCIARY PRECEDENTS NUMBER 9.1150

“Upon the insolvency or a national bank, the question arises as to the disposition of fiduciary assets. It is a generally accepted common law principal that trust assets which are identifiable as trust assets retain their fiduciary status in the case of bank insolvency. In such cases, the FDIC as receiver would not acquire title to fiduciary assets but would assume the responsibility of assuring that the legal title and the attendant fiduciary duties established in the trust relationship are passes to a successor trustee…..

…..Such assets would continue to be governed by the provisions of the trust instrument. This common law principal develops from the body of case law interpreting Title 12, Section 194 of the United States Code, covering distribution of assets for insolvent national banks. An early statement of this basic principal is presented succinctly in the 1894 case of Spokane County v. Clark, 61 F. 538: “Money held by a bank as trustee is not part of its assets, nor legally subject to claims of its creditors.” …

In the case of a national bank failing, the F.D.I.C. would have the obligation to designate a new bank to take over as successor trustee. Hence, the safekeeping has been maximized by having each structured settlement administered in individual trusts with a major bank as trustee with all assets held in trust.

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