| * * * * * * * * * * * * * * * * * * * * * * * * IN THE MATTER OF: ERIC A. DENA | * * * * * * * * * * * * * * * * * | CONSENT ORDER |
WHEREAS, 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”;
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking (“Department”), conducted an investigation pursuant to Section 36a-17 of the Connecticut General Statutes, as amended by Public Acts 14-7 and 14-89, into the activities of Respondents to determine if they had violated, were violating or were about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
WHEREAS, as a result of such investigation, on July 23, 2014, the Commissioner, acting pursuant to Sections 36a-671a(b), 36a-52(a) and subsections (a) and (c) of Section 36a-50 of the Connecticut General Statutes, issued an 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 against Respondents (collectively, “Order and Notice”), which Order and Notice is incorporated herein by reference;
WHEREAS, the Order and Notice alleged that Respondents engaged or offered to engage in debt negotiation in this state without obtaining the required license, in violation of Section 36a-671(b) of the Connecticut General Statutes, as amended by Public Act 14-7;
WHEREAS, on July 24, 2014, the Order and Notice was sent by certified mail, return receipt requested, to Dena (Certified Mail Nos. 70120470000147902105 and 70120470000147902112), to Innovative (Certified Mail Nos. 70120470000147902075 and 70120470000147902082), and to Innovative’s Agent for Service of Process (Certified Mail No. 70120470000147902099);
WHEREAS, on July 28, 2014, Dena received the Order and Notice, and no request for a hearing has been received;
WHEREAS, on August 5, 2014, the Order and Notice sent to Innovative by Certified Mail No. 70120470000147902075, and to Innovative’s Agent for Service of Process were received by the Department marked “Return to Sender – Attempted – Not Known – Unable to Forward”;
WHEREAS, on August 25, 2014, the Order and Notice sent to Innovative by Certified Mail No. 70120470000147902082 was received by the Department marked “Return to Sender – Unclaimed –
Unable to Forward”;
WHEREAS, Section 36a-52(a) of the Connecticut General Statutes provides, in pertinent part, that “[t]he notice shall be deemed received by the person on the earlier of the date of actual receipt, or seven days after mailing or sending”;
WHEREAS, Section 36a-50(a)(1) of the Connecticut General Statutes provides, in pertinent part, that “[t]he notice shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending”;
WHEREAS, Section 36a-50(c) of the Connecticut General Statutes provides, in pertinent part, that “[t]he order shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending”;
WHEREAS, Innovative failed to request a hearing within the prescribed time period;
WHEREAS, Section 4-177(c) of the Connecticut General Statutes and Section 36a-1-55(a) of the Regulations of Connecticut State Agencies provide that a contested case may be resolved by consent order, unless precluded by law;
WHEREAS, the Commissioner and Respondents now desire to resolve the matters alleged in the Order and Notice and set forth herein;
WHEREAS, Respondents voluntarily agree to consent to the entry of the sanctions imposed below without admitting or denying any allegation contained in the Order and Notice and set forth herein and solely for the purpose of obviating the need for further formal administrative proceedings concerning the allegations contained in the Order and Notice and set forth herein;
WHEREAS, Respondents agree that the Order and Notice may be used in construing the terms of this Consent Order and agrees to the language of this Consent Order;
WHEREAS, Respondents represent that they have refunded the fees paid by the Connecticut residents identified in Exhibit A of the Order and Notice and that no other Connecticut resident has retained Respondents for debt negotiation services since October 1, 2009;
WHEREAS, Respondents herein represent that Respondents ceased and desisted from engaging and offering to engage in debt negotiation in this state;
WHEREAS, Respondents specifically assure the Commissioner that the violations contained in the Order and Notice and set forth herein shall not occur in the future;
AND WHEREAS, Respondents, through their execution of this Consent Order, voluntarily agree to waive their procedural rights, including an opportunity for hearing as it pertains to the allegations contained in the Order and Notice and set forth herein, and voluntarily waive their right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.
CONSENT TO ENTRY OF SANCTIONS
WHEREAS, each Respondent, through their execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:
| 1. | Respondents shall immediately cease and desist from engaging or offering to engage in debt negotiation in Connecticut without a license, in violation of Section 36a-671(b) of the Connecticut General Statutes, as amended; and |
| 2. | No later than the date this Consent Order is executed by Respondents, Respondents shall: (a) repay all fees paid to Respondents by Connecticut residents for debt negotiation services on and after October 1, 2009, by cashier’s check, certified check or money order, and (b) provide satisfactory evidence of such repayment to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov. |
CONSENT ORDER
NOW THEREFORE, the Commissioner enters the following:
| 1. | The Sanctions set forth above be and are hereby entered; |
| 2. | Upon issuance of this Consent Order by the Commissioner, this matter will be resolved and the Commissioner will not take any future enforcement action against Respondents based upon the allegations contained herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Respondents based upon a violation of this Consent Order or the matters underlying its entry, if the Commissioner determines that compliance with the terms herein is not being observed or if any representation made by Respondents and reflected herein is subsequently discovered to be untrue; and |
| 3. | This Consent Order shall become final when issued. |
Issued at Hartford, Connecticut
this 6 day of February 2015. _______/s/_________
Bruce H. Adams
Acting Banking Commissioner
I, Eric A. Dena, state that I have read the foregoing Consent Order; that I know and fully understand its contents; that I agree freely and without threat or coercion of any kind to comply with the sanctions entered and terms and conditions ordered herein; and that I voluntarily agree to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.
By: ________/s/___________
Eric A. Dena
State of: CA
County of: Orange
On this the 5th day of January 2015, before me Lisa Kitadani Hoffman, the undersigned officer, personally appeared Eric A. Dena known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand.
_________/s/_________
Notary Public
Date Commission Expires: Jan. 8, 2018
I, Eric A. Dena, state on behalf of Turnkey Investment Homes, Inc. d/b/a Innovative Capital Solutions, that I have read the foregoing Consent Order; that I know and fully understand its contents; that I am authorized to execute this Consent Order on behalf of Turnkey Investment Homes, Inc. d/b/a Innovative Capital Solutions; that Turnkey Investment Homes, Inc. d/b/a Innovative Capital Solutions agrees freely and without threat or coercion of any kind to comply with the sanctions entered and terms and conditions ordered herein; and that Turnkey Investment Homes, Inc. d/b/a Innovative Capital Solutions voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.
_________/s/__________
Name: Eric A. Dena
Title: President
Turnkey Investment Homes, Inc.
d/b/a Innovative Capital Solutions
State of: ______________________
County of: ____________________
On this the _______ day of November 2014, before me, _______________________________, the undersigned officer, personally appeared Eric A. Dena who acknowledged himself to be the President of Turnkey Investment Homes, Inc. d/b/a Innovative Capital Solutions, a corporation, and that he as such President, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as President.
In witness whereof I hereunto set my hand.
_____________________
Notary Public
My Commission expires: