The Life Insurance Council of Manitoba is sanctioning former licensee, Himmat Singh Johal, fining Johal $5,000 and assessing investigation costs after it was determined that the former life and accident & sickness agent disseminated exam answers before ineffectively scrubbing his computer.
Licensed in Manitoba from October 2020 until the end of May 2022, Johal was terminated for “unethical behaviour regarding the Harmonized Life License Qualification Program (HLLQP),” according to the Life Agent Reporting Form (LARF) sent to the council in June that year. The HLLQP is a five-module program – a requirement to become certified to write the provincial exams needed to become licensed as an insurance agent in the province.
Compromised content
An independent law firm investigating the alleged cheating and a retained computer forensics expert determined that Johal collected, used and disseminated actual questions and answers from certification exams. He was identified as the key disseminator of compromised content and an individual whose exam was flagged disclosed that the former agent provided more than 200 files containing exam questions and answers.
The forensics experts also determined that Johal’s computer contained screen capture software, from which more than 100 video files were deleted. Johal’s search history included searches on how to delete information prior to a forensic expert’s collection of evidence.
In response to investigators, Johal disclosed that his license was also recently terminated by another regulatory authority. In a January 2023 case against one Himmat Johal, the Alberta Insurance Council levied a $1,000 fine – the maximum allowable in the case – for failing to respond to the council’s inquiries during an investigation into his (undisclosed) conduct. The agent would not appear to be licensed in that province any longer.
“The former licensee was identified as a key disseminator of compromised content, including questions and answers for the HLLQP, to facilitate cheating on provincial exams,” the Manitoba decision states. “Council dismissed the former licensee’s response that it was a coincidence that he researched how to remove files from his computer, as he had removed items of interest from his computer labelled ‘provincial’ and ‘exam’, prior to the forensic expert’s review.”
In addition to the $5,000 fine, the Manitoba council also assessed investigation costs in the amount of $2,300 and said it would scrutinize any future application from the former agent carefully to determine his suitability to hold a license.
