# NE Insurance Company Bulletin CB-95: Department of Insurance Procedure Relating to the Federal Violent Crime Control and Law Enforcement Act of 1994

> Nebraska · Agency guidance · Superseded

URL: https://www.frixlaw.com/law-library/statutes/NE_INS_CB_095

## Section

- **Citation:** NE Insurance Company Bulletin CB-95
- **Heading:** Department of Insurance Procedure Relating to the Federal Violent Crime Control and Law Enforcement Act of 1994
- **Jurisdiction:** Nebraska
- **Kind:** Agency guidance
- **Status:** Superseded
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Nebraska DOI Insurance Guidance Documents and Company Bulletins / Department of Insurance Procedure Relating to the Federal Violent Crime Control and Law Enforcement Act of 1994

## Text

STATE OF NEBRASKA

DEPARTMENT OF INSURANCE

Timothy J. Hall

Director

October 15, 1998

CB-95

[LOGO]

E. Benjamin Nelson

Governor

# BULLETIN

SUBJECT:

DEPARTMENT OF INSURANCE PROCEDURE RELATING TO THE FEDERAL VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994

On September 13, 1994, the omnibus anti-crime bill entitled the "Violent Crime Control and Law Enforcement Act of 1994" (the "Act") (Public Law 103-322, H.R. 3355) became law. This Act contains federal criminal and civil enforcement provisions aimed directly at white-collar and other insurance fraud.

Specifically, this Act provides that a person, who has been convicted of a felony involving: (1) breach of trust; (2) dishonesty; or (3) insurance crimes as defined in 18 U.S.C. §1033, is prohibited from engaging in insurance activities unless written consent is granted by the Director of Insurance in accordance with 18 U.S.C. §1033. Employees of insurance companies or other entities engaged in insurance activities, and persons who are licensed by the Department or who seek to become licensed, are subject to the Act. Any individual who has been convicted of a felony involving breach of trust, dishonesty or an insurance crime as described above, and who desires a license to engage in insurance transactions, may seek an exemption from the federal prohibition of engaging in insurance activities by filing an application for licensure with the Director of Insurance.
seek to become licensed, are subject to the Act. Any individual who has been convicted of a felony involving breach of trust, dishonesty or an insurance crime as described above, and who desires a license to engage in insurance transactions, may seek an exemption from the federal prohibition of engaging in insurance activities by filing an application for licensure with the Director of Insurance.

On the application, such individual must indicate whether he or she has been convicted of a felony and describe the circumstances under which the conviction arose. The applicant may attach documentation to the application, including copies of any court documents or statements explaining the conviction. If the Director denies the application, the applicant may request an administrative hearing. If, following the hearing, a license is granted, the Director will issue an order containing a written exemption as required and in accordance with the requirements of 18 U.S.C. §1033. If the Director denies the exemption, he or she will do so in a written order.

-MORE-

941 "O" Street • Suite 400 • Lincoln, Nebraska 68508-3639 • Phone (402) 471-2201 • Facsimile (402) 471-4610

http://www.nol.org/home/NDOI

An Equal Opportunity/Affirmative Action Employer

Printed with soy ink on recycled paper

CB-95

October 15, 1998

Page Two

The Nebraska Department of Insurance has received inquiries about an insurer's responsibilities under the Act. It is the Department's position that if an insurance company receives information that an agent, broker, employee, staff person, or other person engaged in the business of insurance has been convicted of any of the felonies described in 18 U.S.C. §1033, the insurer should immediately notify the Director of Insurance of the facts and circumstances of the matter.
er's responsibilities under the Act. It is the Department's position that if an insurance company receives information that an agent, broker, employee, staff person, or other person engaged in the business of insurance has been convicted of any of the felonies described in 18 U.S.C. §1033, the insurer should immediately notify the Director of Insurance of the facts and circumstances of the matter.

The Department will then conduct an investigation to determine whether the Director has jurisdiction over the matter and whether to grant or deny such person an exemption in accordance with 18 U.S.C. §1033. Again, if the Director determines that jurisdiction is proper and that an exemption should be granted, he or she will issue a written consent. If an exemption is denied, then the individual will have the opportunity to request an administrative hearing. If, following a hearing, the Director grants an exemption from and in accordance with 18 U.S.C. §1033, or if the Director denies such exemption, he or she will issue a written order.

TIMOTHY J. HALL

Director of Insurance

## Nearby sections

- [NE Insurance Company Bulletin CB-4 Motorcycle Liability Insurance for Passengers](https://www.frixlaw.com/law-library/statutes/NE_INS_CB_004.md)
- [NE Insurance Company Bulletin CB-22 Title Insurance Companies, Mortgage Policies, Fees](https://www.frixlaw.com/law-library/statutes/NE_INS_CB_022.md)
- [NE Insurance Company Bulletin CB-26 Agency Billed Renewals](https://www.frixlaw.com/law-library/statutes/NE_INS_CB_026.md)
- [NE Insurance Company Bulletin CB-38 Schedule of Fees](https://www.frixlaw.com/law-library/statutes/NE_INS_CB_038.md)
- [NE Insurance Company Bulletin CB-40 Underwriting Refusals Based Solely on Previous Non-Renewal, Rejection or Cancellation of Property and Casualty Insurance](https://www.frixlaw.com/law-library/statutes/NE_INS_CB_040.md)
- [NE Insurance Company Bulletin CB-45 Assessment Companies - Limit on Assessments](https://www.frixlaw.com/law-library/statutes/NE_INS_CB_045.md)
- [NE Insurance Company Bulletin CB-49 Payment of Special Costs on Property Losses](https://www.frixlaw.com/law-library/statutes/NE_INS_CB_049.md)
- [NE Insurance Company Bulletin CB-50 Filing Procedures for Property and Casualty Insurance Companies](https://www.frixlaw.com/law-library/statutes/NE_INS_CB_050.md)
- [NE Insurance Company Bulletin CB-51 Use of Nebraska Company and NAIC Numbers](https://www.frixlaw.com/law-library/statutes/NE_INS_CB_051.md)
- [NE Insurance Company Bulletin CB-53 Submission of Life and/or Health Forms](https://www.frixlaw.com/law-library/statutes/NE_INS_CB_053.md)
- [NE Insurance Company Bulletin CB-56 Replacement of Life Insurance and Annuities](https://www.frixlaw.com/law-library/statutes/NE_INS_CB_056.md)
- [NE Insurance Company Bulletin CB-58 Aircraft as Qualified Investments](https://www.frixlaw.com/law-library/statutes/NE_INS_CB_058.md)
- [NE Insurance Company Bulletin CB-59 Actuarial Opinions](https://www.frixlaw.com/law-library/statutes/NE_INS_CB_059.md)
- [NE Insurance Company Bulletin CB-60 Quarterly Statement Filings](https://www.frixlaw.com/law-library/statutes/NE_INS_CB_060.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/NE_INS_CB_095. Check the current official text before relying on it. Not legal advice.
