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IN THE MATTER OF:
SERVICIOS LATINO EXPRESS, LLC
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part IV of Chapter 668, Sections 36a-580 to 36a-589, inclusive, of the Connecticut General Statutes, “Check Cashing Services”, and Sections 36a-585-1, 36a-588-1, 36a-588-3 and 36a-588-4 of the Regulations of Connecticut State Agencies (“Regulations”).
WHEREAS, Servicios is a Connecticut limited liability company that does not currently have a license for a general facility or limited facility;
WHEREAS, on October 27, 2009, Servicios filed an Application for a Check Cashing Service License seeking to obtain a license to operate a general facility at 610 Ferry Street, New Haven, Connecticut (“Ferry Street”);
WHEREAS, on August 17, 2010, the Commissioner denied Servicios’ application to obtain a license to operate a general facility at Ferry Street;
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation pursuant to Section 36a-17 of the Connecticut General Statutes into the activities of Servicios to determine if it had violated, was violating or was about to violate the provisions of the Connecticut General Statutes and Regulations within the jurisdiction of the Commissioner;
WHEREAS, as a result of such investigation, the Commissioner alleges that during the period of August 2009 through November 2010, Servicios engaged in the business of cashing checks, drafts and money orders for consideration without licensure for a general facility or limited facility, in violation of Section 36a-581(a) of the Connecticut General Statutes;
WHEREAS, the Commissioner believes that such allegation would support initiation of enforcement proceedings against Servicios, including proceedings to issue a cease and desist order against Servicios pursuant to Sections 36a-587(b) and 36a-52(a) of the Connecticut General Statutes, and impose a civil penalty of up to one hundred thousand dollars ($100,000) per violation on Servicios pursuant to Sections 36a-587(b) and 36a-50(a) of the Connecticut General Statutes;
WHEREAS, initiation of such enforcement proceedings would constitute a “contested case” within the meaning of Section 4-166(2) of the Connecticut General Statutes;
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, both the Commissioner and Servicios acknowledge the possible consequences of formal administrative proceedings, and Servicios voluntarily agrees to consent to the entry of the sanctions described below without admitting or denying any allegation contained herein and solely for the purpose of obviating the need for further formal administrative proceedings concerning the allegation contained herein;
WHEREAS, Servicios herein represents to the Commissioner that it has not engaged in the business of cashing checks, drafts and money orders for consideration without licensure for a general facility or limited facility since November 22, 2010;
WHEREAS, Servicios specifically assures the Commissioner that the violation described herein shall not occur in the future;
AND WHEREAS, Servicios, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to notice and an opportunity for hearing as it pertains to the allegation set forth herein, and voluntarily waives its right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.
CONSENT TO ENTRY OF SANCTIONS
WHEREAS, Servicios, through its execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:
|1.||No later than the date this Consent Order is executed by Servicios, Servicios shall remit to the Department of Banking by cashier’s check, certified check or money order made payable to “Treasurer, State of Connecticut”, the sum of One Thousand Dollars ($1,000) as a civil penalty.|
|2.||Servicios shall not engage in the business of cashing checks, drafts or money orders for consideration, except as an incident to the conduct of any other lawful business where not more than fifty cents ($.50) is charged for the cashing of such check, draft or money order, without obtaining a license to operate a check cashing general facility or limited facility for each location where such business is to be conducted.|
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 Servicios based upon the allegation contained herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Servicios 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 Servicios and reflected herein is subsequently discovered to be untrue;|
|3.||Nothing in the issuance of this Consent Order shall adversely affect the ability of Servicios to apply for or obtain a license or renewal license for a general facility or limited facility under Part IV of Chapter 668, Sections 36a-580, et seq. of the Connecticut General Statutes, provided all applicable legal requirements for such license are satisfied; and|
This Consent Order shall become final when issued.
Dated at Hartford, Connecticut
this 14th day of June 2011. ________/s/_________
Howard F. Pitkin
I, Estela Besaw, state on behalf of Servicios Latino Express, LLC, 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 Servicios Latino Express, LLC; that Servicios Latino Express, LLC agrees freely and without threat or coercion of any kind to comply with the sanctions entered and terms and conditions ordered herein; and that Servicios Latino Express, LLC voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.
Name: Estela Besaw
Servicios Latino Express, LLC
State of: Connecticut
County of: New Haven
On this the 3rd day of June 2011, before me, Robert W. Lynch, the undersigned officer, personally appeared Estela Besaw who acknowledged herself to be the Member of Servicios Latino Express, LLC, a member managed/manager managed limited liability company, and that she as such Member, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the limited liability company by herself as Member.
In witness whereof I hereunto set my hand.
Date Commission Expires: Aug. 31, 2015