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LIFE INSURANCE – ACCELERATED BENEFITS & VIATICAL SETTLEMENTS (LIFE SETTLEMENTS)

Updated 11-15-04

NAIC Publications Selling Your Life Insurance Policy, Understanding Viatical Settlements, Appendix A of Viatical Settlement Model Regulation, Model Laws, Regulations and Guidelines-698, NAIC Model

Viatical Settlements: Buying Viaticals as Investments, Appendix A of Viatical Settlement Model Regulation, Model Laws, Regulations and Guidelines-698, NAIC Model

Regulating the Secondary Market for Life Insurance Policies, Neil A Doherty & Hal J. Singer, The Journal of Insurance Regulation, Summer, 2003, p 63

NAIC Testifies on Viatical Settlement Transactions and curbing potential fraud, NAIC Press Release, May 15, 2003

Viatical Settlements, Issues, NAIC Publication

Viatical Settlement Model Act, Model Laws, Regulations and Guidelines-697, NAIC Model

Viatical Settlement Model Regulation, Model Laws, Regulations and Guidelines-698, NAIC Model

State Laws Regarding Viatical Settlements (Living Benefits). Compendium of State Laws on Insurance Topics, NAIC Chart

Accelerated Benefits Model Regulation, Model Laws, Regulations and Guidelines-620, NAIC Model

Appellate Court Holds that Viatical Settlements are not Securities Subject to Federal Securities Laws, Journal of Insurance Regulation, Winter 1996, Vol. 15, No. 2, p. 301.

Louisiana Department Implements New Viaticals Law, NAIC News, March, 1996, p. 6

State Regulators Approve Further Controls on Viaticals, NAIC News, October, 1994,  p. 1

House Approves 'Living Benefits' for Federal Employees, NAIC Legislative Update, July 31, 1994, p. 10.

Regulators Continue Push to Clamp down on Viatical Settlements, NAIC News, April, 1994, p. 1

NAIC Gives Final Nod to Regulation of Viatical Settlements, NAIC News Release, December 5, 1993.

Imminent Death and Accelerated Benefits, Journal of Insurance Regulation, Fall 1993, p 28.

Accelerated Benefits, Issues, NAIC Publication

Other Publications

Federal Magistrate Judge: Viatical company Mutual Benefits violated securities laws, Fran Matso Lysiak, Best's Insurance News, November 11, 2004

Selling Your Life Insurance To A Stranger: Policyholder raise money by treating their coverage as asset and unloading it, Jeff D. Opdyke, The Wall Street Journal, September 21, 2004

States Can Regulate Either as Insurance or Securities, Kathy Bushouse, SouthFlorida Sun Sentinel, July 256, 2004

NCOIL Changes Life Settlement Model Law to Strengthen Consumer Protections, Dennis Kelly, Best's Insurance News, July 22, 2004

Death Investors at Risk, Part 2 of 2, Michael J. Berens & Mark Skertic, The Chicago Tribune, July 5, 2004

Chasing the Death Dividend, Part 1 of 2, Michael J. Berens & Mark Skertic, The Chicago Tribune, July 4, 2004

Judge Rules SEC Can Regulate Florida Firms sale of Insurance Investments, Patrick Danner, The Miami Herald, June 28, 2004

ACLI Will Ask Commissioners to Reinstate Viaticals Licensing, R. J. Lehmann, Best's Insurance News, June 8, 2004

Maine Governor Approves Life Settlements: Editorial, Denis Kelly,  Best's Insurance News, June 4, 2004

Questions Haunting Viatical Firm, Tom Stieghorst, South Florida Sun-Sentinel., May 16, 2004

Viatical Company Denies Wrong Doing Charges are Trumped Up, Spokesman says, Glen Singer, South Florida Sun Sentinel, May 8, 2004

Regulators Shut Down For Lauderdale, Fla Based Viatical Settlement Firm,. Patrick Danner, The Miami Herald, May 6, 2004

ACLI Protests Change to  Viatical Model Daft, Jim Connolly, National Underwriter L/H, May 5, 2004

Do Viatical Brokers Need Licenses?,  Insurance Chronicle, April 19, 2004

ACLI Pushes for Separate Viatical Broker Licensing, Jim Connolly, NU online, April 8, 2004

Viatical Model OK's Minus Licensing Rule, Daily Insurance Reporter, March 17, 2004

Life Settlement Industry Seeks Better Market Data, John Hillman, Best's Insurance News, December 30, 2003

NAIC Delays Action on Viatical Model, Jim Connolly, National Underwriter online, December 17, 2003

Regulators Targeting Viaticals Sales Scams, Purva Patel, South Florida Sun-Sentinel, November 2, 2003

Purchasing Power; Life settlement providers must overcome problems in underwriting, financing, marketing and perseverance to tap into a potentially huge market Steven Arenson & Bob Miller, , Bests's Review, August, 2003

Purchasing Power, Life Settlements vs Viaticals, Steven Arenson & Bob Miller, Best's Review, August, 2003

Florida Viatical Bankruptcy Order Seen Impacting Many Life Insurers, BestWire, June 12, 2003

Virginia Enacts Viatical Broker Law, Allison Bell, National Underwriter L/H, May 7, 2003

Department of Corporations Takes Enforcement Action Against Insurance Agents Selling Unlawful and Fraudulent Viatical Investments. A P Newswire, March 20, 2003

Viatical Bankruptcy Order Affects 350 Life Companies, Bests Insurance News, February 4, 2003

Florida Regulators Charge Viatical Firm with Fraud, Marie Suszynski, Bests Insurance News, January 29, 2003

Life Settlement Ethics: Lessons from the past, knowledge for the future, Mark Berlin Kevin Glowacki & Robert Miller, National Underwriter L/H, December 9, 2002

Officials Targeting Variable Annuities, Susan Tompor, Detroit Free Press, December 2, 2002

Cashing Out: Big banks and insurers are putting money into the business of buying unwanted life insurance policies, a trend that foreshadows growth for the still-new industry, Ron Panko, Bests Review, April, 2002

Viatical and Life Settlements: The frightening secondary market for life insurance policies, Joseph M. Belth, Contingencies, March/April, 2002

Viaticals Carry Risk of Fraud, State Warns Betting On Death Unwise, Experts Say, Teresa Dixon Murray, The Cleveland Plain Dealer, March 31, 2002

This Investment Vehicle is Rife with Fraud, Kathy Kristof, South Florida Sun-Sentinel, March 12, 2002

A Foolish (And Ghoulish) Investment, Michele Singletary, The Washington Post, March 10, 2002

Life Settlement Institute Testifies Before US House of Representatives Committee on Financial Services Oversight and Investigations Subcommittee, Ascribe News, February 28, 2002

Congressional Testimony Growing Incidence of Fraud in Viatical Settlements, Federal Document Clearing House, February 26, 2002

Arizona Regulators Allege Fraud in Viatical Sales, Best Day, December 5, 2001

North Carolina Law Expands Regulators' Authority Over Viatical Settlements, Bests Insurance News, October 19, 2001

Fraud, New AIDS Drug Slow down Business in Death Benefits, Kristina Stefanova, The Washington Times, August    23, 2001

Life Settlement Coalition Launched to Educate Insurers, John Hillman, Bests Insurance News, August 14, 2001

CNA Places Moratorium on Viatical Purchases, Ron Panko  BestWeek, July 30, 2001, 

Viatical Investors Told to Pay Up Again, Helen Huntley, St Petersburg Times, June 27, 2001

NJ Insurance Department Adopts Licensing for Viatical Brokers, Bests Insurance News, June 13, 2001

Securitized Bonds Could Propel Growth of Life Settlements, Bests Insurance News, June 6, 2001

Death Wish Investors in Insurance Policies for the Terminally Ill are watching their Capital get Annihilated, Carrie Coolidge, Forbes, March 19, 2001

Business World: Back to the future when life insurance was fun, Holman W. Jenkins, The Wall Street Journal, March 14, 2001

Viatical Settlements Could be a Godsend or a Swindle for the Dying, The Washington Post, February 13, 2001

Fla Viatical Firm Succumbs to Bad News: State Regulation, Fran Matso Lysiak, BestWeek, February 12, 2001

Betting On Death, Consumer Reports, February, 2001, p 37

Viatical Transactions: The frightening secondary  market for life insurance policies, Joseph M. Belth, Insurance Forum, Inc., 2000

Study: Monitoring Viatical & Life Settlements Pose Challenge for Industry, Best’s Insurance News, December 20, 2000

As Viatical and Life Settlements Multiply in the USA, LOMA Examines the Issue for Life Insurers in a Just Published Report PR Newswire, December 14, 2000

NAIC Committee Adopts Report on Life Settlements, Bests Insurance News, December 6, 2000

Law Aims to Protect Death Futures Buyers, Kathy M Kristof, Los Angeles Times, October 27, 2000

Maryland Seizes Viatical Marketers Policies David Pilla, Bests Insurance News, October 20, 2000

New Law Clarifies State Authority Over Viatical Investments; Investments in ’Death Futures’ Among Top-Ten State Scams, Business Wire,. October 10, 2000

How to Cope When Health Problems Wreak Financial Havoc Laura T. Coffey, St Petersburg Times, October 1, 2000

Clearance Sale: After Merger or Acquisition, Life settlements May Recover Value for Company Owned life insurance policies, Gary Chodes, Best’s Review, October, 2000, p 149

Viatiacals are Rife With Cheating, Risky Bests on Someone Dying, Jane Bruant Quinn, The Baltimore Sun, September 24, 2000,, p 2C

NAIC Viatical Model Law Draft Would Include Life Settlements, Ron Panko & David Pilla, BestWeek, L&H, September 4, 2000, p 16

California Supreme Court Rules in Favor of AIDS Disability Claim, Business Wire, August 20, 2000

The First Viatical Fraud Convictions, The Insurance Forum, August , 2000

Viatical Official Says Lax Underwriting Found at Root of Fraud, Best’s Insurance News, July 7, 2000

Raid on Lexington, Ky Life Insurance Firm Part of National Crackdown, Lexington Herald Leader, June 12, 2000

Feds Indict 13 People, 3 Companies in $117 Million Viatical Fraud Case Dennis Kelly, BestWeek, L&H, June 5, 2000

States Continue to Crack Down on Viatical Settlement Fraud, Best’s News, June 2, 2000

Viaticus, Inc Applauds Regulatory & Law Enforcement Efforts to Protect ConsumersPR Newswire, May 25, 2000

Be Careful When Your Life Is Worth Money to Strangers Paul Palazzo, The Seattle Times, May 15, 2000

VUL Accelerated Benefits Can Pay for LTC Norse N. Blazzard, Judity Hasenauer, National Underwriter L&H, May 10, 2000

Insurance Departments Look to Stamp Out Viatical Fraud,Eric Thorsen, Best’s Insurance News, March 15, 2000

Brokers Receive Guidance on Life Settlements Carole Ann King, National Underwriter L&H, January 31,2000

The Kelco Group Advocates Revisions to NAIC Model Viatical & Life Settlement Act Increasing Consumer Protection, Kelco News Release, January 31, 2000

Brokers Receive Guidance on Life Settlements, Carole Ann King, National Underwriter L&H, January 31, 2000

Study: Seniors Will fuel Viatical Growth, Joseph D’Allegro, National Underwriter L&H, January 10, 2000, p 13

Viatical Settlement Concept Seen Moving from Last Resort Mode into Source of Funds for Healthy Seniors, Insurance Advocate, January 1, 2000, p. 30

Making a Killing Viaticals let Sick People Sell their Life Insurance, But Investing in Death may not Always be the Best Bet, Daniel Eisenberg, Time, November 29, 1999

John Hancock Sues Cleveland Area Viatical Company over Florida Deals, The Miami Herald, October 1, 1999

New Jersey Looks for Ways to Regulate Viatical Settlement Market, David Shook, The Record, September 30, 1999

Taking the Bad out of Viatical Firms Hope to Lift Reputation of Industry, Offer Protection from Fraud, Humberto Cruz, Sun Sentinel- Ft Lauderdale, September 27, 1999

Florida Moves Against Another Viatical Co. Joseph D’Allegro, National Underwriter L&H, August 23, 1999, p 14

Texas Indictments Shake up Viatical Settlement Industry, Edmundo Conchas, San Antonio Business Journal, August 23, 1999

Florida Regulators Raise Their Efforts to Oversee Growing Viatical Industry, Ron Panko, BestWeek L&H, August 2, 1999

Insurance Companies, Regulators, Wrangle over Viatical Policies, Sun Sentinel, July 31, 1999

A life-Insurance Plan May Be Dead End for Scores of Investors, Douglas Blackmon, The Wall Street Journal, July 29, 1999

US, Florida to Probe Investments Involving Viatical Settlements, Douglas Blackmon, Dow Jones Business News, July 26, 1999

Who Regulates Viaticals, Lisa Karam Middleton, Insure Com, The Consumer Insurance Guide, July, 1999

Texas First State to Regulate Life Settlements, News Release, June 29, 1999

Viatical Settlements: The Other, Positive Side of the Story, News Release, June 1, 1999

Insurance Investors Getting Scammed, News Release, May 26, 1999

Cash for Life (Insurance): policies Gain Momentum: Accelerated Death Benefits Liberalized, Gene Linn, Journal of Commerce, May 6, 1999

Viaticals Traced to 1911 Ruling, Gene Linn, Journal of Commerce, April 27, 1999

New Market for Viaticals Firms Criticized. Gene Linn, Journal of Commerce, Part II, April 27, 1999

Viaticals Industry under Attack, Life Insurers See Need for Stronger Legislation, Gene Linn, Journal of Commerce, Part I, April 26, 1999

High Net Worth Viaticals Ripe for Reinsurers, Gary Chodes & Bernie Goebel, National Underwriter L&H, April 26, 1999

Policies with Living Benefits Double in 4 Years, Joseph D’Allegro, National Underwriter L&H, April 26, 1999, p. 24

Accelerated Death Benefits Provisos on Rise, Insurance Accounting, April 19, 1999, p. 1

Market for Healthy Insureds’ Policies Seen as Dangerous, Ron Pankoi, Best’s News, April 9, 1999

Professionals in Viatical Industry Welcome Clear Rules, Wm. Scott Page, Editorial, Sun Sentinel Ft. Lauderdale, March 29, 1999.

The Lottery on Lives, Jane Bryant Quinn, Newsweek, March 15, 1999.

Special Viatical Issue, The Insurance Forum, vol. 26, no. 3, March 1999, p. 173.

Viatical Settlement: What’s A Good Fit, Hal Stucker, National Underwriter L&H, February 1, 1999, p. 8.

Group Aids Healthy Seniors With Viaticals, M. Christian Murray, National Underwriter, L&H, February 1, 1999, p. 33.

Viatical Questions Mount, Jim Connolly, National Underwriter L&H, January 25, 1999, p. 1.

Fla. Seeks More Rules on Viatical Products, Insurance Regulator, January 18, 1999, p. 8.

Viatical Settlements: An Explanation of the Process, An Analysis of State Regulations and an Examination of Viatical Settlements as Securities, Drake Law Review, vol. 46 no. 4. 1998.

Dollars & Dying Financial Options, Scott Bernard Nelson, The Tampa Tribune, November 22, 1998

Viatical Company Broadens Field to Buy Unneeded, Excess Life Policies of Senior Citizens, Insurance Advocate, May 23, 1998, p. 10.

SEC Fines Florida Viatical Company, Amy S. Friedman, National Underwriter, L&H, May 18, 1998, p. 21.

Mixing Death and Profit Viatical Contracts Bring Cash to Terminally Ill, Profit to Investors, Gene Meyer, Kansas City Star, May 10, 1998.

Viatical Companies Buying From Healthy Seniors, Amy S. Friedman, National Underwriter, L&H, April 28, 1998.

NAIC Mulls Privacy Options on Viaticals, Insurance Accountant, April 6, 1998, p 1.

Accelerated Benefit Rider Also Pays for Chronic as Well as Terminal Illness, Linda Koko, National Underwriter, L&H, April 6, 1998

Viaticus Fined for Mistake with Solicitation Mailings, Barbara Mannino, BestWeek, L&H, March 9, 1998, p. 15.

Viaticus Adds Seniors, Best's Review, L&H, December 1997, p. 89.

Aetna Catches Flak Over Verification Fee/ Viatical Industry Critical of Policy, The San Francisco Chronicle, Laura Castaneda, November 24, 1997, p. B2.

Banks Now Selling Viatical Settlements, Amy S. Friedman, National Underwriter, L&H, November 3, 1997, p 41.

A Plan for all Ages, J. Timothy Lynch, Journal of the American Society of CLU & ChFC. Nov, 1997, p 12

'Viatication': a '96 Tax Act Estate Planning Opportunity, Vivienne Gilbert, National Underwriter, L&H, October 6, 1997, p. 7.

Post-1996 Viatical Settlements Under Section 101 of the Internal Revenue Code, Robert H. Breakfield, The National Public Accountant, October 1997, p 18.

Viatical Settlement Firm Rethinks Target Markets, BestWeek, L&H, September 29, 1997, p 10.

New Viatical Settlement Law Signed in California, Insurance Advocate, August 30, 1997, p. 21.

Moving Beyond the Learning Curve, Barbara Mannino, Best's Review, L&H, August 1997, p 72.

Viatical Model Act Adopted by NCOIL, Diane West, National Underwriter, L&H, July 28, 1997, p. 21.

Missouri Legislature Passes Viatical Regs, Susan Daniels, National Underwriter, L&H, June 16, 1997, p 16.

Viaticals, Quarterly Communiqué, Spread the Risk, Inc., Volume 3, No. 2, 1997, p 20.

New Law Has Accelerated Benefits ‘Catch’ In it, Norse N. Blazzard & Judith A Hasenauer, National Underwriter L&H, May 19, 1997, p. 7

Allegations of Fraud, Deceit Encumber Viatical Industry, Sougata Mukherjee, Kansas City Business Journal, May 16-22, 1997, p 22.

For 'Death Futures', the Playing Field is Slippery, Marcia Vickers, The New York Times, April 27, 1997, p F5.

Living Benefits Become Typical on Group Life, Allison Bell, National Underwriter, L&H, April 14, 1997, p. S4.

Mortal Danger, Kenneth W. Faig, Jr., Best's Review, L&H, April 1997, p 66.

9th Circuit Gives Victory to Viaticals, Victoria Slind-Flor, The National Law Journal, March 10, 1997, p. A6.

Incontestability Clause Trumps Imposter Defense in California HIV Case, Mealey's Insurance Law Weekly, March 6, 1997.

New Tax Policy Seen Creating Dramatic Increase in Use of Viatical Settlement Programs, Insurance Advocate, March 1, 1997, p. 23.

Viatical Settlements: Perspectives of Investors, Regulators, and Insureds, David W. Sommer, Journal of the American Society of CLU & ChFC, March 1997, p. 54.

Death Benefits: No longer just for beneficiaries,J. Timothy, Journal of the American Society of CLU &ChFC, March, 1997, p 8

Tax Legislation Affecting Individuals in 1996, Nicholas Fiore, Journal of Accountancy, March 1997, p. 32.

Viaticals, Communiqué, Spread the Risk, Inc., March 1997, Vol. 3, No. 1, p. 16.

SEC is Denied Rehearing of Ruling on Viaticals, BestWeek, L&H, December 30, 1996, p. 3.

Getting Life Insurance Death Benefits Early, Howard W. Wolosky, The Practical Accountant, November 1996, p. 37.

Viatical Cos. See Validation in Favored Tax Status, National Underwriter, L&H, October 28, 1996, p. 16.

State Laws, NAIC Regulate Viatical Settlements, Employee Benefit Plan Review, October 1996, p. 46.

Accelerated Death Benefits Receive Tax Preference, Employee Benefit Plan Review, October 1996,  44p..

Landmark Development viatical Settlement Executive Notes New Law’s Favorable Climate for ‘Living Benefits’, Insurance Advocate, August 10, 1996, p 1.

Nature Deals Blow to Viatical Insurers, Journal of Commerce, August 9, 1996, p. 8A.

Despite Win Over SEC, Viaticals May Face Threat, BestWeek, L&H, July 22, 1996, p. 3.

Doubts Ahead for Firms that Buy AIDS Victims’ Insurance, Steve Sakson, APWire, July 19, 1996,

Court: Viatical Settlements Neither Fish Nor Fowl, Insurance Regulator, July 15, 1996, p. 6.

Viatical Settlements: New Issues for Legislators, The Insurance Legislative Fact Book and Almanac 1996, NCOIL, p 34.

Regulators, Investors put Viaticals Under Microscope, The Actuary, May 1996, p. 3.

Focus on Viatical Settlements, State Health Notes, April 15, 1996, p. 4.

Viatical firm Ordered to Obey Securities Laws, BestWeek, L&H, March 25, 1996, p. 5.

Shady Agent, Viatical Mix Creates Recipe for Fraud, Best’s Review, L&H, March 1996, p. 68.

Viatical Firms Fighting Outlaw Image, Charles E. Schmidt, Jr. Best’s Review L&H, March, 1996, p. 69

The Viatical Industry is Coming of Age Financially, National Underwriter, L&H, March 4, 1996, p. 5.

Viatical Firm Still must Register with SEC, BestWeek, L&H, January 29, 1996, p. 7.

Nice Work on Viatical Regulation, Editorial, National Underwriter, L&H, December 11, 1995, p. 22.

Standard & Poor’s Issues Viatical Settlement Rating Criteria, Insurance Advocate, November 11, 1995, p 11.

Viatical Cos. May Follow Dignity partners’ Lead, National Underwriter, L&H, November 20, 1995 p. 5.

Viatical Ratings Depend on Fairness, Insurance Regulator, November 13, 1995, p. 8.

Judge Backs Government in Viaticals Case, Insurance Regulator, September 11, 1995, p. 6.

A Helping Hand for Terminally Ill, Business Insurance, September 11, 1995, p. 2.

Cost Factors Hinder Viatical Settlement Market, National Underwriter, L&H, July 3, 1995, p. 22.

Volatile Market, Kansas City Business Journal, Feb. 24-March 2, 1995.

The ‘Mainstreaming’ of Viatical Settlements: Market Demand Drives Phenomenal Growth, Insurance Advocate, Feb. 25, 1995, p.18.

ACLI Supports Accelerated Death Benefits Bills, National Underwriter, L&H, January 30, 1995, p. 4.

Tax Break for Viatical Recipients Included in GOP’s ‘Contract’ Agenda, BestWeek, P&C, Jan. 16, 1995, p 15.

What you need to know about accelerated benefits. ACLI. (brochure) circa 1995

Terminally Ill Employees Grapple With Benefits Issues, The Wall Street Journal, December 29, 1994.

Viatical Settlements not Enticing Many Insurers, National Underwriter, L&H, Dec. 5, 1994, p 55.

Viatical Companies Seem Ready to Embrace Regulation, National Underwriter, L&H, November 28, 1994, p. 21.

Regulating Viatical Transactions, FICC Quarterly, Fall 1994, p. 85.

NAIC Adopts Regulation Outlining Stiffer Rules for Viatical Companies, BNA’s Health Care Policy Report, September 26, 1994, p. 1668.

Pomeroy: More Viatical Issues Need Exploring, National Underwriter, L&H, September 5, 1994, p. 74.

AIDS and the Trusted Advisor, Best's Review, L&H, September 1994, p. 37.

SEC Sues Life Partners Inc., Alleging Illegal Brokering of Insurance Policies, The Wall Street Journal, August 26, 1994, p. A2.

More Insurers Offer Living Benefits Option to Groups, National Underwriter, P&C, August 22, 1994, p 21.

Insurers Add Living Benefits to Group Life, National Underwriter, L&H, July 18, 1994, p. 7.

Life Insurance, Imminent Death and Accelerated Benefits, Journal of the American Society of CLU & ChFC, May 1994, p. 84.

Five Year Old Viatical Settlement Business Growing, National Underwriter, L&H, Feb. 21, 1994, p. 3.

Beating the Grim Reaper, or Just Confusing Him? Examining the Harmful Effects of Viatical Settlement Regulation, J. Marshall Law Review, Vol. 27, p. 581, 1994

Regulators Target Brokers Who Acquire Insurance Policies from AIDS Patients, Associated Press, September 21, 1993.

AIDS Patients Reap Benefits by Selling Their Insurance, The Boston Globe, July 25, 1993.

The Taxation of Accelerated Benefits Under a Life Insurance Contract, Journal of the American Society of CLU & ChFC, July 1993, p. 38.

Clarifying Living Benefits Regulation, Best's Review, June 1993.

Clarifying Living Benefits Regulation, Best's Review, L&H, June 1993, p. 44.

LTC and Living Benefits Riders, California Broker, April 1991.

Life Insurance for the Living, CRS Report for Congress, March 16, 1990.

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