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IN THE MATTER OF:
TRANSFER SERVICES INC.
d/b/a RESOLUTION CENTER d/b/a UNITED LAW CENTER d/b/a TRUSTEE SERVICES ("Transfer Services")
LAWSON FINANCIAL LLC
d/b/a HAMP SERVICES ("Lawson Financial") SABRINA RAFO
("Rafo") BRIAN C. SOLOMON
("Solomon") JOHN ORTEGA ("Ortega") (collectively "Respondents") * * * * * * * * * * * * * * * * * * * * * |
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NOTICE OF INTENT TO ISSUE NOTICE OF INTENT TO IMPOSE NOTICE OF RIGHT TO HEARING |
I. LEGAL AUTHORITY AND JURISDICTION
The Banking Commissioner (“Commissioner”) is charged with the administration of Sections 36a-671 to 36a-671e, inclusive, of the Connecticut General Statutes contained in Part II of Chapter 669 of the Connecticut General Statutes, “Debt Adjusters and Debt Negotiation”.
Pursuant to the authority granted by Section 36a-17 of the Connecticut General Statutes, as amended by Public Acts 14-7 and 14-89, the Commissioner, through the Consumer Credit Division of the Department of Banking, has investigated the activities of Respondents to determine if they have violated, are violating or are about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner.
Section 36a-17(a) of the Connecticut General Statutes, as amended, provides, in pertinent part, that:
The commissioner, in the commissioner’s discretion, may, subject to the provisions of section 36a-21 . . . and the Freedom of Information Act, as defined in section 1-200, (1) make such public or private investigations . . . within or outside this state, concerning any person subject to the jurisdiction of the commissioner, as the commissioner deems necessary to carry out the duties of the commissioner, (2) require or permit any person to testify, produce a record or file a statement in writing, under oath, or otherwise as the commissioner determines, as to all the facts and circumstances concerning the matter to be investigated or about which an action or proceeding is pending . . . .
Section 36a-52 of the Connecticut General Statutes provides, in pertinent part, that:
(a) Whenever it appears to the commissioner that any person has violated, is violating or is about to violate any provision of the general statutes within the jurisdiction of the commissioner, . . . the commissioner may send a notice to such person by registered or certified mail, return receipt requested, or by any express delivery carrier that provides a dated delivery receipt. The notice shall be deemed received by the person on the earlier of the date of actual receipt, or seven days after mailing or sending. Any such notice shall include: (1) A statement of the time, place, and nature of the hearing; (2) a statement of the legal authority and jurisdiction under which the hearing is to be held; (3) a reference to the particular sections of the general statutes . . . alleged to have been violated; (4) a short and plain statement of the matters asserted; and (5) a statement indicating that such person may file a written request for a hearing on the matters asserted within fourteen days of receipt of the notice. If a hearing is requested within the time specified in the notice, the commissioner shall hold a hearing upon the matters asserted in the notice, unless the person fails to appear at the hearing. After the hearing, the commissioner shall determine whether an order to cease and desist should be issued against the person named in the notice. If the person does not request a hearing within the time specified in the notice or fails to appear at the hearing, the commissioner shall issue an order to cease and desist against the person. No such order shall be issued except in accordance with the provisions of chapter 54.
(b) If the commissioner finds that the public welfare requires immediate action, the commissioner may incorporate a finding to that effect in the notice sent in accordance with subsection (a) of this section and issue a temporary order requiring the person to cease and desist from the activity which constitutes such alleged violation and to take or refrain from taking such action as in the opinion of the commissioner will effectuate the purposes of this section. Such temporary order shall become effective on receipt and, unless set aside or modified by a court, shall remain in effect until the effective date of a permanent order or dismissal of the matters asserted in the notice.
Section 36a-50 of the Connecticut General Statutes provides, in pertinent part, that:
(a)(1) Whenever the commissioner finds as the result of an investigation that any person has violated any provision of the general statutes within the jurisdiction of the commissioner, . . . the commissioner may send a notice to such person by registered or certified mail, return receipt requested, or by any express delivery carrier that provides a dated delivery receipt. The notice shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending. Any such notice shall include: (A) A statement of the time, place, and nature of the hearing; (B) a statement of the legal authority and jurisdiction under which the hearing is to be held; (C) a reference to the particular sections of the general statutes . . . alleged to have been violated; (D) a short and plain statement of the matters asserted; (E) the maximum penalty that may be imposed for such violation; and (F) a statement indicating that such person may file a written request for a hearing on the matters asserted not later than fourteen days after receipt of the notice.
(2) If a hearing is requested within the time specified in the notice, the commissioner shall hold a hearing upon the matters asserted in the notice unless such person fails to appear at the hearing. After the hearing, if the commissioner finds that the person has violated any such provision, . . . the commissioner may, in the commissioner’s discretion and in addition to any other remedy authorized by law, order that a civil penalty not exceeding one hundred thousand dollars per violation be imposed upon such person. If such person does not request a hearing within the time specified in the notice or fails to appear at the hearing, the commissioner may, as the facts require, order that a civil penalty not exceeding one hundred thousand dollars per violation be imposed upon such person.
(3) Each action undertaken by the commissioner under this subsection shall be in accordance with the provisions of chapter 54. . . .
(c) Whenever the commissioner finds as the result of an investigation that any person has violated any provision of the general statutes within the jurisdiction of the commissioner, . . . the commissioner may, in addition to any other remedy authorized by law, order such person to (1) make restitution of any sums shown to have been obtained in violation of any such provision . . . plus interest at the legal rate set forth in section 37-1 . . . . After the commissioner issues such an order, the person named in the order may, not later than fourteen days after the receipt of such order, file a written request for a hearing. The order shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending. Any such hearing shall be held in accordance with the provisions of chapter 54.
II. MATTERS ASSERTED
| 1. |
At all times relevant hereto, Transfer Services was a Utah corporation with offices at 4001 S 700 East, Suite 500-C, Salt Lake City, Utah; 18 Truman Street, Suite 100, Irvine, California; and 1175 Baker Street, E-19-216, Costa Mesa, California. |
| 2. |
At all times relevant hereto, Rafo was the President, Secretary, Treasurer and account signatory of Transfer Services, and had received or expected to receive compensation from Transfer Services. |
| 3. |
At all times relevant hereto, Lawson Financial was a Utah limited liability company with offices at 4001 S 700 E, Suite 500-C, Salt Lake City, Utah; 18 Truman Street, Suite 100, Irvine California; and 17870 Newhope Street, Suite 104-547, Fountain Valley, California. |
| 4. |
At all times relevant hereto, Solomon was the Managing Manager and account signatory of Lawson Financial, and received or expected to receive compensation from Lawson Financial.
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| 5. | At all times relevant hereto, Ortgea was a Member and account signatory of Lawson Financial, and received or expected to receive compensation from Lawson Financial. |
| 6. | On or about December 19, 2012, two Connecticut residents retained Transfer Services to represent the Connecticut residents in the modification of such residents’ mortgage loan. |
| 7. | In connection with such retention, total payment of $3,411.64 was paid to Transfer Services by the Connecticut residents, which amount is in excess of amounts that debt negotiators may charge for services related to secured debt pursuant to the Schedule of Maximum Fees established by the Commissioner on or about October 1, 2009 (“Schedule of Maximum Fees”). |
| 8. | The Schedule of Maximum Fees provides, in pertinent part, that “[a] debt negotiator of secured debt, including Short Sales and Foreclosure Rescue Services, may impose a fee upon the mortgagor or debtor for performing debt negotiation services not to exceed five hundred dollars ($500). Such fee shall only be collectable upon the successful completion of all services stated in the debt negotiation service contract”. |
| 9. | On or about March 5, 2013, the Connecticut residents also retained Lawson Financial to represent the Connecticut residents in the modification of such residents’ mortgage loan. |
| 10. | In connection with such retention, total payment of $1,172.33 was paid to Lawson Financial by the Connecticut residents, which amount is in excess of amounts that debt negotiators may charge for services related to secured debt pursuant to the Schedule of Maximum Fees. |
| 11. | At no time relevant hereto have Respondents been licensed to engage or offer to engage in debt negotiation in this state, nor did Respondents qualify for an exemption from such licensure. |
| 12. | On April 10, 2013, the Commissioner received a complaint filed by the Connecticut residents concerning Respondents’ failure to perform or successfully complete the debt negotiation services. |
III. STATUTORY BASIS FOR ORDER TO MAKE RESTITUTION,
ORDER TO CEASE AND DESIST AND IMPOSITION OF CIVIL PENALTY
Section 36a-671 of the Connecticut General Statutes, as amended by Public Act 14-7, provides, in pertinent part, that:
(a) As used in this section and sections 36a-671a to 36a-671e, inclusive, (1) “debt negotiation” means, for or with the expectation of a fee, commission or other valuable consideration, assisting a debtor in negotiating or attempting to negotiate on behalf of a debtor the terms of a debtor’s obligations with one or more mortgagees or creditors of the debtor . . . ; (2) “debtor” means any individual who has incurred indebtedness or owes a debt for personal, family or household purposes; . . . (4) “mortgagor” means a debtor who is an owner of residential property, including, but not limited to, a single-family unit in a common interest community, who is also the borrower under a mortgage encumbering such residential property; . . . and (7) “residential property” means one-to-four family owner-occupied real property.
(b) No person shall engage or offer to engage in debt negotiation in this state without a license issued under this section for each location where debt negotiation will be conducted. . . . A person is engaging in debt negotiation in this state if such person: . . . (2) has a place of business located outside of this state and the debtor is a resident of this state who negotiates or agrees to the terms of the services in person, by mail, by telephone or via the Internet; or (3) has its place of business located outside of this state and the services concern a debt that is secured by property located within this state.
Section 36a-671a(b) of the Connecticut General Statutes provides, in pertinent part, that:
Whenever it appears to the commissioner that any person has violated, is violating or is about to violate the provisions of sections 36a-671 to 36a-671e, inclusive, . . . the commissioner may take action against such person . . . in accordance with sections 36a-50 and 36a-52. For purposes of sections 36a-671 to 36a-671e, inclusive, each engagement and each offer to engage in debt negotiation shall constitute a separate violation.
| 1. |
Transfer Services’ engaging in debt negotiation in this state without obtaining the required license, as more fully described in paragraphs 1, 6 through 8, inclusive, 11 and 12 of the Matters Asserted, constitutes a violation of Section 36a-671(b) of the Connecticut General Statutes, as amended. Such violation forms the basis to issue an order to cease and desist pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes, and impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes. Section 36a-50(a) of the Connecticut General Statutes authorizes the Commissioner to impose a civil penalty upon Respondent in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation. |
| 2. |
Lawson Financial’s engaging in debt negotiation in this state without obtaining the required license, as more fully described in paragraphs 3 and 8 through 12, inclusive, of the Matters Asserted, constitutes a violation of Section 36a-671(b) of the Connecticut General Statutes, as amended. Such violation forms the basis to issue an order to cease and desist pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes, and impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes. Section 36a-50(a) of the Connecticut General Statutes authorizes the Commissioner to impose a civil penalty upon Respondent in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation. |
| 3. |
Rafo’s engaging in debt negotiation in this state without obtaining the required license, as more fully described in paragraphs 1, 2, 6 through 8, inclusive, 11 and 12 of the Matters Asserted, constitutes a violation of Section 36a-671(b) of the Connecticut General Statutes, as amended. Such violation forms the basis to issue an order to cease and desist pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes, and impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes. Section 36a-50(a) of the Connecticut General Statutes authorizes the Commissioner to impose a civil penalty upon Respondent in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation. |
| 4. |
Solomon’s engaging in debt negotiation in this state without obtaining the required license, as more fully described in paragraphs 3, 4 and 8 through 12, inclusive, of the Matters Asserted, constitutes a violation of Section 36a-671(b) of the Connecticut General Statutes, as amended. Such violation forms the basis to issue an order to cease and desist pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes, and impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes. Section 36a-50(a) of the Connecticut General Statutes authorizes the Commissioner to impose a civil penalty upon Respondent in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation.
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| 5. | Ortega’s engaging in debt negotiation in this state without obtaining the required license, as more fully described in paragraphs 3, 5 and 8 through 12, inclusive, of the Matters Asserted, constitutes a violation of Section 36a-671(b) of the Connecticut General Statutes, as amended. Such violation forms the basis to issue an order to cease and desist pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes, and impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes. Section 36a-50(a) of the Connecticut General Statutes authorizes the Commissioner to impose a civil penalty upon Respondent in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation. |
IV. FINDING AND STATUTORY BASIS FOR
TEMPORARY ORDER TO CEASE AND DESIST
The Commissioner finds that public welfare requires immediate action to issue a temporary order requiring Respondents to cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, as amended, and to take such action as set forth herein to effectuate the purposes of Section 36a-52(b) of the Connecticut General Statutes in that the interests of Connecticut residents may be materially prejudiced by Respondents’ engaging in debt negotiation in Connecticut while not being duly licensed and receiving monies in excess of the Schedule of Maximum Fees from at least two (2) Connecticut residents who are already struggling financially.
V. TEMPORARY ORDER TO CEASE AND DESIST, ORDER TO MAKE RESTITUTION,
NOTICE OF INTENT TO ISSUE ORDER TO CEASE AND DESIST,
NOTICE OF INTENT TO IMPOSE CIVIL PENALTY
AND NOTICE OF RIGHT TO HEARING
WHEREAS, the Commissioner has reason to believe that Respondents have engaged in acts or conduct which forms the basis to issue an order to cease and desist pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes, and impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes;
AND WHEREAS, the Commissioner has made the finding required under Section 36a-52(b) of the Connecticut General Statutes.
THE COMMISSIONER THEREFORE ORDERS, pursuant to the authority granted in Section 36a-52(b) of the Connecticut General Statutes, that Transfer Services Inc. d/b/a Resolution Center d/b/a United Law Center d/b/a Trustee Services immediately CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, as amended. This Temporary Order to Cease and Desist shall become effective upon receipt by Transfer Services, Inc. d/b/a Resolution Center d/b/a United Law Center d/b/a Trustee Services, and, unless set aside or modified by a court, shall remain in effect until the effective date of a permanent order or dismissal of the matters asserted in this Temporary Order to Cease and Desist.
THE COMMISSIONER FURTHER ORDERS, pursuant to the authority granted in Section 36a-52(b) of the Connecticut General Statutes, that Lawson Financial LLC d/b/a Hamp Services immediately CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, as amended. This Temporary Order to Cease and Desist shall become effective upon receipt by Lawson Financial LLC d/b/a Hamp Services, and, unless set aside or modified by a court, shall remain in effect until the effective date of a permanent order or dismissal of the matters asserted in this Temporary Order to Cease and Desist.
THE COMMISSIONER FURTHER ORDERS, pursuant to the authority granted in Section 36a-52(b) of the Connecticut General Statutes, that Sabrina Rafo immediately CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, as amended. This Temporary Order to Cease and Desist shall become effective upon receipt by Sabrina Rafo, and, unless set aside or modified by a court, shall remain in effect until the effective date of a permanent order or dismissal of the matters asserted in this Temporary Order to Cease and Desist.
THE COMMISSIONER FURTHER ORDERS, pursuant to the authority granted in Section 36a-52(b) of the Connecticut General Statutes, that Brian C. Solomon immediately CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, as amended. This Temporary Order to Cease and Desist shall become effective upon receipt by Brian C. Solomon, and, unless set aside or modified by a court, shall remain in effect until the effective date of a permanent order or dismissal of the matters asserted in this Temporary Order to Cease and Desist.
THE COMMISSIONER FURTHER ORDERS, pursuant to the authority granted in Section 36a-52(b) of the Connecticut General Statutes, that John Ortega immediately CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, as amended. This Temporary Order to Cease and Desist shall become effective upon receipt by John Ortega, and, unless set aside or modified by a court, shall remain in effect until the effective date of a permanent order or dismissal of the matters asserted in this Temporary Order to Cease and Desist.
THE COMMISSIONER FURTHER ORDERS, pursuant to Section 36a-17(a) of the Connecticut General Statutes, as amended, and Section 36a-52(b) of the Connecticut General Statutes, that: Not later than fourteen (14) days from receipt of this Temporary Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing, Transfer Services, Inc. d/b/a Resolution Center d/b/a United Law Center d/b/a Trustee Services and Sabrina Rafo shall provide to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov, a list of all Connecticut residents with whom Transfer Services, Inc. d/b/a Resolution Center d/b/a United Law Center d/b/a Trustee Services and Sabrina Rafo have entered into agreements for debt negotiation services on and after October 1, 2009. Such submission shall include: (a) a copy of each agreement, and (b) a list of each debtor’s name and address and full itemization of each debtor’s payments made pursuant to the agreement, specifying the dates, amounts and to whom such payments were made.
THE COMMISSIONER FURTHER ORDERS, pursuant to Section 36a-17(a) of the Connecticut General Statutes, as amended, and Section 36a-52(b) of the Connecticut General Statutes, that: Not later than fourteen (14) days from receipt of this Temporary Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing, Lawson Financial LLC d/b/a Hamp Services, Brian C. Solomon and John Ortega shall provide to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov, a list of all Connecticut residents with whom Lawson Financial LLC d/b/a Hamp Services, Brian C. Solomon and John Ortega have entered into agreements for debt negotiation services on and after October 1, 2009. Such submission shall include: (a) a copy of each agreement, and (b) a list of each debtor’s name and address and full itemization of each debtor’s payments made pursuant to the agreement, specifying the dates, amounts and to whom such payments were made.
THE COMMISSIONER FURTHER ORDERS, pursuant to Section 36a-50(c) of the Connecticut General Statutes that Transfer Services Inc. d/b/a Resolution Center d/b/a United Law Center d/b/a Trustee Services and Sabrina Rafo MAKE RESTITUTION of any sums obtained as a result of Transfer Services Inc. d/b/a Resolution Center d/b/a United Law Center d/b/a Trustee Services and Sabrina Rafo violating Section 36a-671(b) of the Connecticut General Statutes, as amended, plus interest at the legal rate set forth in Section 37-1 of the Connecticut General Statutes. Specifically, the Commissioner ORDERS that: Not later than thirty (30) days from the date this Order to Make Restitution becomes permanent, Transfer Services Inc. d/b/a Resolution Center d/b/a United Law Center d/b/a Trustee Services and Sabrina Rafo shall:
| 1. |
Repay $3,411.64 to the Connecticut residents identified in Exhibit A hereto plus interest and repay to any other Connecticut resident who entered into an agreement for debt negotiation services with Transfer Services Inc. d/b/a Resolution Center d/b/a United Law Center d/b/a Trustee Services and Sabrina Rafo, on and after October 1, 2009, any fees paid by such Connecticut residents to Transfer Services Inc. d/b/a Resolution Center d/b/a United Law Center d/b/a Trustee Services and/or Sabrina Rafo, plus interest. Payments shall be made by cashier’s check, certified check or money order; and |
| 2. |
Provide evidence of such repayments to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov. |
THE COMMISSIONER FURTHER ORDERS, pursuant to Section 36a-50(c) of the Connecticut General Statutes that Lawson Financial LLC d/b/a Hamp Services, Brian C. Solomon and John Ortega MAKE RESTITUTION of any sums obtained as a result of Lawson Financial LLC d/b/a Hamp Services, Brian C. Solomon and John Ortega violating Section 36a-671(b) of the Connecticut General Statutes, as amended, plus interest at the legal rate set forth in Section 37-1 of the Connecticut General Statutes. Specifically, the Commissioner ORDERS that: Not later than thirty (30) days from the date this Order to Make Restitution becomes permanent, Lawson Financial LLC d/b/a Hamp Services, Brian C. Solomon and John Ortega shall:
| 1. |
Repay $1,172.33 to the Connecticut residents identified in Exhibit B hereto plus interest and repay to any other Connecticut resident who entered into an agreement for debt negotiation services with Lawson Financial LLC d/b/a Hamp Services, Brian C. Solomon and John Ortega, on and after October 1, 2009, any fees paid by such Connecticut residents to Lawson Financial LLC d/b/a Hamp Services, Brian C. Solomon and/or John Ortega, plus interest. Payments shall be made by cashier’s check, certified check or money order; and |
| 2. |
Provide evidence of such repayments to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov. |
NOW THEREFORE, notice is hereby given to Transfer Services that the Commissioner intends to issue an order requiring Transfer Services to CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, as amended, and impose a CIVIL PENALTY upon Transfer Services as set forth herein, subject to Transfer Services’ right to a hearing on the allegation set forth above.
FURTHER, notice is hereby given to Lawson Financial that the Commissioner intends to issue an order requiring Lawson Financial to CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, as amended, and impose a CIVIL PENALTY upon Lawson Financial as set forth herein, subject to Lawson Financial’s right to a hearing on the allegation set forth above.
FURTHER, notice is hereby given to Rafo that the Commissioner intends to issue an order requiring Rafo to CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, as amended, and impose a CIVIL PENALTY upon Rafo as set forth herein, subject to Rafo’s right to a hearing on the allegation set forth above.
FURTHER, notice is hereby given to Solomon that the Commissioner intends to issue an order requiring Solomon to CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, as amended, and impose a CIVIL PENALTY upon Solomon as set forth herein, subject to Solomon’s right to a hearing on the allegation set forth above.
FURTHER, notice is hereby given to Ortega that the Commissioner intends to issue an order requiring Ortega to CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, as amended, and impose a CIVIL PENALTY upon Ortgea as set forth herein, subject to Ortega’s right to a hearing on the allegation set forth above.
A hearing will be granted to each Respondent if a written request for a hearing is received by the Department of Banking, Consumer Credit Division, 260 Constitution Plaza, Hartford, Connecticut 06103-1800 within fourteen (14) days following each Respondent’s receipt of this Temporary Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing as set forth in Section 36a-52(a) and subsections (a) and (c) of Section 36a-50 of the Connecticut General Statutes. This Temporary Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing shall be deemed received on the earlier of the date of actual receipt, or seven days after mailing or sending. The enclosed Appearance and Request for Hearing Form must be completed and mailed to the above address. If any Respondent will not be represented by an attorney at the hearing, please complete the Appearance and Request for Hearing Form as “pro se”. Once a written request for a hearing is received, the Commissioner may issue a notification of hearing and designation of hearing officer that acknowledges receipt of a request for a hearing, designates a hearing officer and sets the date of the hearing in accordance with Section 4-177 of the Connecticut General Statutes and Section 36a-1-21 of the Regulations of Connecticut State Agencies. If a hearing is requested, the hearing will be held on December 11, 2014, at 10 a.m., at the Department of Banking, 260 Constitution Plaza, Hartford, Connecticut.
The hearing will be held in accordance with the provisions of Chapter 54 of the Connecticut General Statutes, unless such Respondent fails to appear at the requested hearing. At such hearing, Respondents will have the right to appear and present evidence, rebuttal evidence and argument on all issues of fact and law to be considered by the Commissioner.
If Transfer Services does not request a hearing within the time period prescribed or fails to appear at any hearing, the Order to Make Restitution shall remain in effect and become permanent against Transfer Services, and the Commissioner will issue an order that Transfer Services cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, as amended, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon Transfer Services.
If Lawson Financial does not request a hearing within the time period prescribed or fails to appear at any hearing, the Order to Make Restitution shall remain in effect and become permanent against Lawson Financial, and the Commissioner will issue an order that Lawson Financial cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, as amended, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon Lawson Financial.
If Rafo does not request a hearing within the time period prescribed or fails to appear at any hearing, the Order to Make Restitution shall remain in effect and become permanent against Rafo, and the Commissioner will issue an order that Rafo cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, as amended, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon Rafo.
If Solomon does not request a hearing within the time period prescribed or fails to appear at any hearing, the Order to Make Restitution shall remain in effect and become permanent against Solomon, and the Commissioner will issue an order that Solomon cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, as amended, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon Solomon.
If Ortega does not request a hearing within the time period prescribed or fails to appear at any hearing, the Order to Make Restitution shall remain in effect and become permanent against Ortega, and the Commissioner will issue an order that Ortega cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, as amended, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon Ortega.
So ordered at Hartford, Connecticut
this 16th day of October 2014. ________/s/_________
Howard F. Pitkin
Banking Commissioner