Pace Law Review Volume 19 Article 2 Issue 3 Spring 1999 April 1999 The uturF e of Death Futures: Why Viatical Settlements Must Be Classified sa Securities Miriam R. Albert Follow this and additional works at: http://digitalcommons.pace.edu/plr Recommended Citation Miriam R. Albert, The Future of Death Futures: Why Viatical Settlements Must Be Classified as Securities, 19 Pace L. Rev. 345 (1999) Available at: http://digitalcommons.pace.edu/plr/vol19/iss3/2 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact
[email protected]. Article The Future of Death Futures: Why Viatical Settlements Must Be Classified as Securities Miriam R. Albert* Introduction Less than two decades ago, AIDS' was virtually unknown by most of the world's population. Today, many Americans know of someone who is suffering from or who has succumbed to AIDS. The total number of persons infected with HIV is enor- mous 2 and growing, albeit at a slower rate than in prior years. 3 * Assistant Professor of Legal and Ethical Studies, Fordham University Schools of Business; LLM, New York University, 1997; JD and MBA, Emory Uni- versity, 1987; B.A. Tuft University, 1984. The Author would like to thank those who provided valuable assistance: Dan Berick, Mark Conrad, Dennis Corgill, Ken Davis, John Gedid, Kevin Jackson, and Leo Orenstein. 1. According to the Center for Disease Control and Prevention ("CDC"), ac- quired immunodeficiency syndrome, or AIDS, is "a specific group of diseases or conditions that are indicative of severe immunosuppression related to infection with the human immunodeficiency virus, [HIV]." CENTERS FOR DISEASE CONTROL AND PREVENTION, HIV/AIDS SURVEILLANCE REPORT, YEAR END 1997 EDITION (1997) [hereinafter CDC REPORT, 1997 EDITION].