Fair Value Measurements | Fair Value Measurements The Company carries life settlements and debt under the Revolving Credit Facilities at fair value as shown in the consolidated balance sheets. Fair value is defined as an exit price, representing the amount that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. As such, fair value is a market based measurement that should be determined based on assumptions that market participants would use in pricing an asset or liability. Fair value measurements are classified based on the following fair value hierarchy: Level 1 -Valuation is based on unadjusted quoted prices in active markets for identical assets and liabilities that are accessible at the reporting date. Since valuations are based on quoted prices that are readily and regularly available in an active market, valuation of these products does not entail a significant degree of judgment. Level 2 -Valuation is determined from pricing inputs that are other than quoted prices in active markets that are either directly or indirectly observable as of the reporting date. Observable inputs include quoted prices for similar assets or liabilities in active markets, quoted prices for identical or similar assets or liabilities in markets that are not active, and interest rates and yield curves that are observable at commonly quoted intervals. Level 3 -Valuation is based on inputs that are both significant to the fair value measurement and unobservable. Level 3 inputs include situations where there is little, if any, market activity for the financial instrument. The inputs into the determination of fair value generally require significant management judgment or estimation. Assets and liabilities measured at fair value on a recurring basis The balances of the Company’s assets measured at fair value on a recurring basis as of September 30, 2016 , are as follows (in thousands): Level 1 Level 2 Level 3 Total Fair Value Assets: Life settlements $ — $ — $ 483,395 $ 483,395 $ — $ — $ 483,395 $ 483,395 The balances of the Company’s liabilities measured at fair value on a recurring basis as of September 30, 2016 are as follows (in thousands): Level 1 Level 2 Level 3 Total Fair Value Liabilities: White Eagle Revolving Credit Facility $ — $ — 182,128 $ 182,128 Red Falcon Revolving Credit Facility — — 61,451 61,451 $ — $ — $ 243,579 $ 243,579 The balances of the Company’s assets measured at fair value on a recurring basis as of December 31, 2015 , are as follows (in thousands): Level 1 Level 2 Level 3 Total Fair Value Assets: Life settlements $ — $ — $ 461,925 $ 461,925 $ — $ — $ 461,925 $ 461,925 The balances of the Company’s liabilities measured at fair value on a recurring basis as of December 31, 2015 , are as follows (in thousands): Level 1 Level 2 Level 3 Total Fair Value Liabilities: White Eagle Revolving Credit Facility $ — $ — $ 169,131 $ 169,131 Red Falcon Revolving Credit Facility $ — $ — $ 55,658 $ 55,658 $ — $ — $ 224,789 $ 224,789 The Company categorizes its investment in life settlement portfolio in two classes, non-premium financed and premium financed. In considering the categories, historically, it has generally believed that market participants would require a lower risk premium for policies that were non-premium financed, while a higher risk premium would be required for policies that were premium financed; the Company believes that this risk premium has been declining. ($ in thousands) Quantitative Information about Level 3 Fair Value Measurements Fair Value Aggregate Valuation Technique Unobservable Input (s) Range (Weighted Average) Non-premium financed $ 103,219 $332,588 Discounted cash flow Discount rate 15.00% - 21.00% Life expectancy evaluation (5.8 years) Premium financed $ 380,176 $2,621,208 Discounted cash flow Discount rate 16.00% - 22.50% Life expectancy evaluation (9.7 years) Life settlements $ 483,395 $2,953,796 Discounted cash flow Discount rate 16.52% Life expectancy evaluation (9.2 years) White Eagle Revolving Credit Facility $ 182,128 $2,167,370 Discounted cash flow Discount rate 20.06% Life expectancy evaluation (9.2 years) Red Falcon Revolving Credit Facility $ 61,451 $619,652 Discounted cash flow Discount Rate 11.20% Life expectancy evaluation (8.6 years) Following is a description of the methodologies used to estimate the fair values of assets and liabilities measured at fair value on a recurring basis and within the fair value hierarchy. Life settlements —The Company has elected to account for the life settlement policies it acquires using the fair value method. The Company uses a present value technique to estimate the fair value of its life settlements, which is a Level 3 fair value measurement as the significant inputs are unobservable and require significant management judgment or estimation. The Company currently uses a probabilistic method of valuing life insurance policies, which the Company believes to be the preferred valuation method in the industry. The most significant assumptions are the estimates of life expectancy of the insured and the discount rate. The Company provides medical records for each insured to independent life expectancy providers (each, an "LE provider"). Each LE provider reviews and analyzes the medical records and identifies all medical conditions it feels are relevant to the life expectancy determination of the insured. Debits and credits are assigned by each LE provider to the individual’s health based on identified medical conditions, which are derived from the experience of mortality attributed to relevant conditions in the portfolio of lives that the LE provider monitors. The health of the insured is summarized by the LE provider into a life assessment of the individual’s life expectancy expressed both in terms of months and in mortality factor. The mortality factor represents the degree to which the given life can be considered more or less impaired than a life having similar characteristics (e.g. gender, age, smoking, etc.). For example, a standard insured (the average life for the given mortality table) would carry a mortality rating of 100% . A similar but impaired life bearing a mortality rating of 200% would be considered to have twice the chance of dying earlier than the standard life relative to the LE provider’s population. Since each provider’s mortality factor is based on its own mortality table, the Company calculates its own factors to apply to the table selected by the Company. The Company calculates mortality factors so that when applied to the mortality table selected by the Company, the resulting LE equals the LE provided by each LE provider. The resulting mortality factors are then blended to determine a factor for each insured. A mortality curve is then generated based on the calculated mortality factors and the rates from the Company selected mortality table to generate the best estimated probabilistic cash flow stream. The net present value of the cash flows is then calculated to determine the policy value. If the insured dies earlier than expected, the return will be higher than if the insured dies when expected or later than expected. The calculation allows for the possibility that if the insured dies earlier than expected, the premiums needed to keep the policy in force will not have to be paid. Conversely, the calculation also considers the possibility that if the insured lives longer than expected, more premium payments will be necessary. Since the quarter ended September 30, 2012, and prior to June 30, 2016, the Company used the 2008 Valuation Basic tables, smoker distinct ("2008 VBT"), mortality tables developed by the U.S. Society of Actuaries (the "SOA"). The mortality tables are created based on the expected rates of death among different groups categorized by factors such as age and gender. During 2015, the U.S. Society of Actuaries released new versions of the Valuation Basic Tables, the ("2015 VBT"). The 2015 VBT has a significant increase in exposure and number of claims over the 2008 VBT and is believed to be a better fit for the life settlement industry and is becoming more widely accepted. During the nine months ended September 30, 2016 , the Company changed its valuation technique and decided to adopt the 2015 VBT, smoker and gender distinct tables, to determine the value of the policies. The table shows lower mortality rates in the earlier select periods at most ages, so while the Company continues to fit the life expectancies from the LE providers to the 2015 VBT, the change in the mortality curve changes the timing of the Company’s expected cash flow streams. The resulting impact is approximately $17.6 million reduction in the fair value of our life settlements. Future changes in the life expectancies could have a material adverse effect on the fair value of the Company’s life settlements, which could have a material adverse effect on its business, financial condition and results of operations Life expectancy sensitivity analysis If all of the insured lives in the Company’s life settlement portfolio live six months shorter or longer than the life expectancies provided by these third parties, the change in estimated fair value would be as follows (dollars in thousands): Life Expectancy Months Adjustment Value Change in Value +6 $ 403,498 $ (79,897 ) - $ 483,395 — -6 $ 568,760 $ 85,365 Discount rate The discount rate incorporates current information about market interest rates, the credit exposure to the insurance company that issued the life insurance policy and our estimate of the risk premium an investor in the policy would require. The Company re-evaluates its discount rates at the end of every reporting period in order to reflect the estimated discount rates that could reasonably be used in a market transaction involving the Company’s portfolio of life insurance policies. In doing so, the Company relies on management insight, engages third party consultants to corroborate its assessment, engages in discussions with other market participants and extrapolates the discount rate underlying actual sales of policies. At one time, due to the Company’s association with the USAO Investigation and certain civil litigation involving the Company, the Company believed that, when given the choice to invest in a policy that was associated with the Company’s premium finance business and a similar policy without such an association, all else being equal, an investor would have generally opted to invest in the policy that was not associated with the Company’s premium finance business. However, since the Company entered into a non-prosecution agreement, investors have required less of a risk premium to transact in policies associated with the Company’s legacy premium finance business. With passage of time, and resolution of litigations, the Company now believes investors no longer require a greater risk premium for policies associated with the Company's premium finance business than the risk premium otherwise required for policies that were premium financed. In general, the Company believes that the risk premium an investor would require to transact in a policy that has been premium financed versus a policy without premium financing is lessening in the current market environment and further expects that, with the passage of time, investors will continue to require less of a risk premium to transact in policies associated that had been premium financed. Credit exposure of insurance company The Company considers the financial standing of the issuer of each life insurance policy. Typically, we seek to hold policies issued by insurance companies that are rated investment grade by the top three credit rating agencies. At September 30, 2016 , the Company had 18 life insurance policies issued by two carriers that were rated non-investment grade as of that date. In order to compensate a market participant for the perceived credit and challenge risks associated with these policies, the Company applied an additional 300 basis point risk premium. The following table provides information about the life insurance issuer concentrations that exceed 10% of total death benefit and 10% of total fair value of the Company’s life settlements as of September 30, 2016 : Carrier Percentage of Total Fair Value Percentage of Total Death Benefit Moody's Rating S&P Rating Transamerica Life Insurance Company 18.3 % 20.6 % A1 AA- Lincoln National Life Insurance Company 21.7 % 19.2 % A1 AA- Estimated risk premium As of September 30, 2016 , the Company owned 623 policies with an estimated fair value of $483.4 million . Of these 623 policies, 539 were previously premium financed and are valued using discount rates that range from 16.00% to 22.50% . The remaining 84 policies, which are non-premium financed, are valued using discount rates that range from 15.00% to 21.00% . As of September 30, 2016 , the weighted average discount rate calculated based on death benefit used in valuing the policies in the Company’s life settlement portfolio was 16.52% . The discount rate incorporates current information about market interest rates, the credit exposure to the insurance company that issued the life insurance policy and our estimate of the risk premium an investor in the policy would require. The extent to which the fair value could vary in the near term has been quantified by evaluating the effect of changes in the weighted average discount rate on the death benefit used to estimate the fair value. If the weighted average discount rate was increased or decreased by 1/2 of 1% and the other assumptions used to estimate fair value remained the same, the change in estimated fair value would be as follows (dollars in thousands): Market interest rate sensitivity analysis Weighted Average Rate Calculated Based on Death Benefit Rate Adjustment Value Change in Value 16.02% -0.50% $ 496,625 $ 13,230 16.52% — $ 483,395 $ — 17.02% +0.50% $ 470,722 $ (12,673 ) Future changes in the discount rates we use to value life insurance policies could have a material effect on the yield on life settlement transactions, which could have a material adverse effect on our business, financial condition and results of our operations. At the end of each reporting period we re-value the life insurance policies using our valuation model in order to update our estimate of fair value for investments in policies held on our balance sheet. This includes reviewing our assumptions for discount rates and life expectancies as well as incorporating current information for premium payments and the passage of time. White Eagle Revolving Credit Facility — In connection with the White Eagle Revolving Credit Facility, 431 policies are pledged by White Eagle to serve as collateral for its obligations under the facility. Absent an event of default under the White Eagle Revolving Credit Facility, ongoing borrowings will be used to pay the premiums on these policies and certain approved third party expenses. As more fully described in Note 9, "White Eagle Revolving Credit Facility," proceeds from the policies pledged as collateral will be distributed pursuant to a waterfall with 50% of the proceeds remaining following the Excess LTV Payments and/or preference amount, as the case may be, being directed to the lenders with the remainder paid to White Eagle. We have elected to account for this long-term debt, which includes the lender’s interest in policy proceeds, using the fair value method. The fair value of the debt is the amount the Company would have to pay to transfer the debt to a market participant in an orderly transaction. We calculated the fair value of the debt using a discounted cash flow model taking into account the stated interest rate of the White Eagle Revolving Credit Facility and probabilistic cash flows from the pledged policies. Accordingly, our estimates are not necessarily indicative of the amounts that we, or holders of the instruments, could realize in a current market exchange. The most significant assumptions are the estimates of life expectancy of the insured and the discount rate. The use of different assumptions and/or estimation methodologies could have a material effect on the estimated fair values. During the nine months ended September 30, 2016 , the Company changed its valuation technique by adopting the 2015 VBT, smoker and gender distinct tables, to determine the value of the life insurance policies pledged as collateral in the facility. The table shows lower mortality rates in the earlier select periods at most ages, so while the Company continues to fit the life expectancies from the LE providers to the 2015 VBT, the change in the mortality curve changes the timing of the Company’s expected cash flow streams, which resulted in an increase in projected borrowings. The resulting impact is a positive change in fair value of the White Eagle Revolving Credit Facility of approximately $14.7 million . Life expectancy sensitivity analysis of the White Eagle Revolving Credit Facility A considerable portion of the fair value of the White Eagle Revolving Credit Facility is determined by the timing of receipt of future policy proceeds. Should life expectancies lengthen such that policy proceeds are collected further into the future, the fair value of this debt will decline. Conversely, should life expectancies shorten, the fair value of this debt will increase. Considerable judgment is required in interpreting market data to develop the estimates of fair value. If all of the insured lives in the life settlement portfolio pledged under the White Eagle Revolving Credit Facility live six months shorter or longer than the life expectancies used to calculate the estimated fair value of the White Eagle Revolving Credit Facility debt, the change in estimated fair value would be as follows (dollars in thousands): Life Expectancy Months Adjustment Fair Value of White Eagle Revolving Credit Facility Change in Value +6 $ 152,558 $ (29,570 ) $ 182,128 — -6 $ 214,421 $ 32,293 Future changes in the life expectancies could have a material effect on the fair value of the White Eagle Revolving Credit Facility, which could have a material adverse effect on its business, financial condition and results of operations. Discount rate of the White Eagle Revolving Credit Facility The discount rate incorporates current information about market interest rates, credit exposure to insurance companies and the Company’s estimate of the return a lender lending against the policies would require. Market interest rate sensitivity analysis of the White Eagle Revolving Credit Facility The extent to which the fair value of the White Eagle Revolving Credit Facility could vary in the near term has been quantified by evaluating the effect of changes in the weighted average discount. If the weighted average discount rate were increased or decreased by 1/2 of 1% and the other assumptions used to estimate fair value remained the same, the change in estimated fair value of the White Eagle Revolving Credit Facility as of September 30, 2016 would be as follows (dollars in thousands): Discount Rate Rate Adjustment Fair Value of White Eagle Revolving Credit Facility Change in Value 19.56% -0.50 % $ 186,485 $ 4,357 20.06% — $ 182,128 $ — 20.56% +0.50 % $ 177,933 $ (4,195 ) Future changes in the discount rates could have a material effect on the fair value of the White Eagle Revolving Credit Facility, which could have a material adverse effect on its business, financial condition and results of its operations. At September 30, 2016 , the fair value of the debt was $182.1 million and the outstanding principal was approximately $200.8 million . Red Falcon Revolving Credit Facility — In connection with the Red Falcon Revolving Credit Facility, 158 policies are pledged by Red Falcon to serve as collateral for its obligations under the facility. Proceeds from the policies pledged as collateral under the Red Falcon Credit Facility are distributed pursuant to a waterfall with, subject to yield maintenance provisions, 5% of policy proceeds directed to the lenders. Thereafter proceeds are directed to pay fees to service providers and premiums with any remaining proceeds directed to pay outstanding interest and required amortization of 8% per annum on the loan. Generally, after payment of interest and required amortization, a percentage of the collections from policy proceeds are to be paid to the lenders to repay the then outstanding principal balance, which will vary depending on the then loan to value ratio as more fully described in Note 10, "Red Falcon Revolving Credit Facility." The Company has elected to account for this long-term debt using the fair value method. The fair value of the debt is the amount the Company would have to pay to transfer the debt to a market participant in an orderly transaction. The Company calculated the fair value of the debt using a discounted cash flow model taking into account the stated interest rate of the Red Falcon Revolving Credit Facility and probabilistic cash flows from the pledged policies. Accordingly, the Company’s estimates are not necessarily indicative of the amounts that the Company, or holders of the instruments, could realize in a current market exchange. The most significant assumptions are the estimates of life expectancy of the insured and the discount rate. The use of different assumptions and/or estimation methodologies could have a material effect on the estimated fair values. During the nine months ended September 30, 2016 , the Company changed its valuation technique by adopting the 2015 VBT, smoker and gender distinct tables, to determine the value of the life insurance policies pledged as collateral in the facility. The table shows lower mortality rates in the earlier select periods at most ages, so while the Company continues to fit the life expectancies from the LE providers to the 2015 VBT, the change in the mortality curve changes the timing of the Company’s expected cash flow streams, which resulted in an increase in projected borrowings. The resulting impact is a positive change in fair value of the Red Falcon Revolving Credit Facility of approximately $1.0 million . Life expectancy sensitivity analysis of the Red Falcon Revolving Credit Facility A considerable portion of the fair value of the Red Falcon Revolving Credit Facility is determined by the timing of receipt of future policy proceeds. Should life expectancies lengthen such that policy proceeds are collected further into the future, the fair value of this debt will decline. Conversely, should life expectancies shorten; the fair value of this debt will increase. Considerable judgment is required in interpreting market data to develop the estimates of fair value. If all of the insured lives in the life settlement portfolio pledged under the Red Falcon Credit Facility live six months shorter or longer than the life expectancies used to calculate the estimated fair value of the Red Falcon Revolving Credit Facility, the change in estimated fair value would be as follows (dollars in thousands): Life Expectancy Months Adjustment Fair Value of Red Falcon Revolving Credit Facility Change in Value +6 $ 58,820 $ (2,631 ) $ 61,451 — -6 $ 63,718 $ 2,267 Future changes in the life expectancies could have a material effect on the fair value of the Red Falcon Revolving Credit Facility, which could have a material adverse effect on its business, financial condition and results of operations. Discount rate of the Red Falcon Revolving Credit Facility The discount rate incorporates current information about market interest rates, credit exposure to insurance companies and the Company’s estimate of the return a lender lending against the policies would require. Market interest rate sensitivity analysis of the Red Falcon Revolving Credit Facility The extent to which the fair value of the Red Falcon Revolving Credit Facility could vary in the near term has been quantified by evaluating the effect of changes in the weighted average discount. If the weighted average discount rate were increased or decreased by 1/2 of 1% and the other assumptions used to estimate fair value remained the same, the change in estimated fair value of the Red Falcon Revolving Credit Facility as of September 30, 2016 would be as follows (dollars in thousands): Discount Rate Rate Adjustment Fair Value of Red Falcon Revolving Credit Facility Change in Value 10.70% -0.50 % $ 60,542 $ (909 ) 11.20% — $ 61,451 $ — 11.70% +0.50 % $ 62,382 $ 931 Future changes in the discount rate, either positive or negative, could have a material effect on the fair value of the Red Falcon Revolving Credit Facility, which could have a material effect on its business, financial condition and results of its operations. At September 30, 2016 , the fair value of the debt was $61.5 million and the outstanding principal was approximately $61.6 million . Convertible Notes —The Company determined that an embedded conversion option in the Convertible Notes was required to be separately accounted for as a derivative under Accounting Standards Codification 815, Derivatives and Hedging ("ASC 815") . ASC 815 required the Company to bifurcate the embedded conversion option and record it as a liability at fair value and reduce the debt liability by a corresponding discount of an equivalent amount. The Company used a Black Scholes pricing model that incorporates present valuation techniques and reflect both the time value and the intrinsic value of the embedded conversion option to approximate the fair value of the conversion derivative liability at the end of each reporting period. This model required assumptions as to expected volatility, dividends, terms, and risk free rates. In accordance with ASC 815, upon receipt of shareholder approval the Company reclassified the embedded derivative to stockholders’ equity along with unamortized transaction costs proportionate to the allocation of the initial debt discount and the principal amount of the Convertible Notes. The Convertible Notes continue to be recorded at accreted value up to the par value of the Convertible Notes at maturity. See Note 11 , " 8.50% Senior Unsecured Convertible Notes ." Although the Company believes its valuation method is appropriate, the use of different methodologies or assumptions to determine the fair value could result in different fair values. Changes in Fair Value The following table provides a roll-forward in the changes in fair value for nine months ended September 30, 2016 , for all life settlement assets for which the Company determines fair value using a material level of unobservable (Level 3) inputs, which consists solely of life settlements (in thousands): Life Settlements: Balance, January 1, 2016 $ 461,925 Purchase of policies 16 Retained death benefits acquisitions 1,374 Change in fair value* (2,690 ) Matured/lapsed/sold policies (29,980 ) Premiums paid 52,750 Transfers into level 3 — Transfer out of level 3 — Balance, September 30, 2016 $ 483,395 Changes in fair value included in earnings for the period relating to assets held at September 30, 2016 $ (17,838 ) *Change in the mortality curve after adoption of 2015 VBT resulted in approximately $17.6 million reduction in the fair value of our life settlements. The following table provides a roll-forward in the changes in fair value for nine months ended September 30, 2016 , for the White Eagle Revolving Credit Facility for which the Company determines fair value using a material level of unobservable (Level 3) inputs (in thousands): White Eagle Revolving Credit Facility: Balance, January 1, 2016 $ 169,131 Draws under the White Eagle Revolving Credit Facility 39,295 Payments on White Eagle Revolving Credit Facility (10,577 ) Unrealized change in fair value (15,721 ) Transfers into level 3 — Transfer out of level 3 — Balance, September 30, 2016 $ 182,128 Changes in fair value included in earnings for period relating to liabilities held at September 30, 2016 $ (15,721 ) The following table provides a roll-forward in the changes in fair value for nine months ended September 30, 2016 , for the Red Falcon Revolving Credit Facility for which the Company determines fair value using a material level of unobservable (Level 3) inputs (in thousands): Red Falcon Revolving Credit Facility: Balance, January 1, 2016 $ 55,658 Draws under the Red Falcon Revolving Credit Facility 15,387 Payments on Red Falcon Revolving Credit Facility (9,195 ) Unrealized change in fair value (400 ) Transfers into level 3 — Transfer out of level 3 — Balance, September 30, 2016 $ 61,450 Changes in fair value included in earnings for period relating to liabilities held at September 30, 2016 $ (400 ) The following table provides a roll-forward in the changes in fair value for nine months ended September 30, 2015 , for all assets for which the Company determines fair value using a material level of unobservable (Level 3) inputs, which consist solely of life settlements (in thousands): Life Settlements: Balance, January 1, 2015 $ 388,886 Purchase of policies 30,534 Change in fair value 43,582 Matured/sold policies (53,435 ) Premiums paid 48,243 Transfers into level 3 — Transfer out of level 3 — Balance, September 30, 2015 $ 457,810 Changes in fair value included in earnings for the period relating to assets held at September 30, 2015 $ 2,805 The following table provides a roll-forward in the changes in fair value for the nine months ended September 30, 2015 , for the White Eagle Revolving Credit Facility for which the Company determines fair value using a material level of unobservable (Level 3) inputs (in thousands): White Eagle Revolving Credit Facility: Balance, January 1, 2015 $ 145,831 Draws under the White Eagle Revolving Credit Facility 42,448 Payments on White Eagle Revolving Credit Facility (43,241 ) Unrealized change in fair value 12,908 Transfers into level 3 — Transfer out of level 3 — Balance, September 30, 2015 $ 157,946 Changes in fair value included in earnings for the period relating to liabilities held at September 30, 2015 $ 12,908 The following table provides a roll-forward in the changes in fair value for the nine months ended September 30, 2015 , for the Red Falcon Revolving Credit Facility for which the Company determines fair value using a material level of unobservable (Level 3) inputs (in thousands): Red Falcon Revolving Credit Facility Balance, January 1, 2015 $ — Draws under the Red Falcon Revolving Credit Facility 54,000 Payments on Red Falcon Revolving Credit Facility 2,967 Unrealized change in fair value (1,863 ) Transfers into level 3 581 Transfer out of level 3 — Balance, September 30, 2015 $ 55,685 Changes in fair value included in earnings for the period relating to liabilities held at September 30, 2015 $ 581 There were no transfers of financial assets or liabilities between levels of the fair value hierarchy during the nine months ended September 30, 2016 and 2015 . Other Fair Value Considerations - Carrying value of certificate of deposits, prepaid expenses and other assets, receivable for maturity of life settlements, investment in affiliates, Senior Secured Notes, accounts payable and accrued expenses approximate fair value due to their short-term maturities and/or low credit risk. |