Bulletin # 2586 - Week Ending September 13, 2013

This bulletin constitutes the only official notification you will receive from this office concerning any of the following applications. Any observations you may have are solicited. Any comments should be in writing to Howard F. Pitkin, Banking Commissioner, at the Connecticut Department of Banking, 260 Constitution Plaza, Hartford, CT 06103-1800 or via E-mail. Written comments will be considered only if they are received within ten days from the date of this bulletin.

STATE BANK ACTIVITY

Branch Activity

Section 36a-145 of the Connecticut General Statutes requires certain applications for a branch, or for a limited branch at which loans will be made, be accompanied by a plan detailing how adequate services to meet the banking needs of all community residents will be provided.  Plans are submitted when such applications are filed and are available for public inspection and comment at this Department for a period of 30 days.  Questions concerning branch activity should be directed to the Financial Institutions Division, (860) 240-8180.

Bank Closing

On September 13, 2013, pursuant to the provisions of Chapter 664c of the Connecticut General Statutes, the Superior Court for the Judicial District of Hartford, having determined that there was reasonable likelihood that an unsafe or unsound condition existed which was likely to have an adverse effect on the depositors and creditors, placed The Community’s Bank, Bridgeport, in receivership, and appointed the Federal Deposit Insurance Corporation as Receiver.

Change of Name

On September 13, 2013, pursuant to Section 36a-82 of the Connecticut General Statutes, Naugatuck Savings Bank, Naugatuck, received approval from the Banking Commissioner to change its name to Ion Bank.

Merger

On September 13, 2013, The Northern Trust Company of Connecticut (“NTCC”), a Connecticut-chartered bank and trust company and wholly owned subsidiary of Northern Trust Corporation (“NTC”), a Delaware Corporation, and Northern Trust Investments, Inc. (“NTI”), an Illinois state bank and wholly owned subsidiary of The Northern Trust Company, an Illinois state bank and wholly owned subsidiary of NTC, filed an application pursuant to Section 36a-412 of the Connecticut General Statutes for the merger of NTCC, with its main office located at 300 Atlantic Street, Suite 400, Stamford, Connecticut, with and into NTI, with its main office located at 50 South LaSalle Street, Chicago, Illinois 60603.

CONSUMER CREDIT DIVISION ACTIVITY

Order to Cease and Desist and Order Imposing Civil Penalty

On August 22, 2013, the Commissioner issued an Order to Cease and Desist and Order Imposing Civil Penalty (“Order”) In the Matter of:  Alarcon Law Group, P.C. (“Alarcon”), National Legal Associates Law Firm, P.A. a/k/a National Law Associates (“NLA”) and R.M.A. Legal Network a/k/a ATT Legal Network (“R.M.A.”) (collectively, “Respondents”), of Lake Grove, New York, St. Petersburg, Florida, and Holbrook, New York, respectively.  The basis of the Order was that Alarcon engaged in debt negotiation in this state without obtaining the required license, in violation of Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011, and that NLA and R.M.A. each engaged in debt negotiation in this state without obtaining the required license, in violation of Section 36a-671(b) of the Connecticut General Statutes.  Alarcon was ordered to cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011, and to pay a civil penalty in the amount of $100,000.  NLA and R.M.A were each ordered to cease and desist from violating Section 36a 671(b) of the Connecticut General Statutes and each ordered to pay a civil penalty in the amount of $400,000.  In addition, an Order of Restitution previously issued against each of the Respondents on June 27, 2013, remains in effect and became permanent on July 20, 2013.

SECURITIES AND BUSINESS INVESTMENTS DIVISION ACTIVITY

Partial Restitution Fund to be Established Pursuant to Consent Order

On September 12, 2013, the Banking Commissioner entered a Consent Order (Docket No. CO-12-7892-S) resolving allegations in a December 17, 2012 Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Fine and Notice of Right to Hearing against John Calash and Susan Calash.  The December 17, 2012 action had alleged that John Calash and Susan Calash devised a plan in January 2007 to convert Stead-Fast Custom Linings, LLC (“Linings”) of East Haven, Connecticut into a public company that traded on the Pink Sheets; that during the summer of 2007, John Calash sold unregistered membership interests in Linings to at least one investor; that John Calash merged Linings into Beere Financial Group, Inc., a Nevada shell corporation trading on the Pink Sheets; and that in September 2007, John Calash renamed the merged entity Steadfast Holdings Group Inc. and then sold $767,500 in unregistered Holdings shares to investors in a private placement.  The action had also alleged that 1) from February 2008 through April 2011, John Calash and Susan Calash, in their capacities as President and Secretary of Holdings, issued themselves thousands of shares of Holdings, which had the effect of diluting the value of the outstanding shares of Holdings; and 2) John and Susan Calash eventually sold their controlling interest in Holdings in April 2011 for a profit of approximately $200,000.  The action had further alleged, among other things, that 1) Linings, Holdings and John Calash offered and sold unregistered securities in violation of Section 36b-16 of the Connecticut Uniform Securities Act; 2) John Calash violated Section 36b-6(a) of the Act by transacting business as an unregistered agent of issuer; 3) Linings and Holdings violated Section 36b-6(b) of the Act by engaging unregistered agents of issuer; and 4) the respondents violated the antifraud provisions in Section 36b-4(a) of the Act by failing to make adequate risk disclosures to prospective investors and, in the case of John Calash and Susan Calash, failing to disclose the dilutive effect their actions had on investor securities holdings.

The Consent Order directed John Calash and Susan Calash to cease and desist from regulatory violations.  In addition, the Consent Order established a means by which investors in Steadfast Holdings Group, Inc. could obtain partial restitution.  The Calash Partial Restitution Fund would be overseen by an Independent Administrator and funded in the amount of $100,000 by John Calash and Susan Calash.  The Independent Administrator would be responsible for contacting affected investors, processing investor claims and making disbursements to investors from the restitution account.  The Consent Order anticipated that the process would be completed by March 30, 2014.