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ARTHUR CONNOLLY * * * * * * * * * * * * * * * * * * * * |
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ORDER IMPOSING FINE DOCKET NO. CRF-17-8212-S |
I. PRELIMINARY STATEMENT
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Chapter 672a of the General Statutes of Connecticut, the Connecticut Uniform Securities Act (“Act”), and Sections 36b-31-2 to 36b-31-33, inclusive, of the Regulations of Connecticut State Agencies (“Regulations”) promulgated under the Act;
WHEREAS, the Commissioner, through the Securities and Business Investments Division of the Department of Banking (“Department”), conducted an investigation into the activities of Arthur Connolly (“Respondent”), pursuant to Section 36b-26(a) of the Act, to determine if Respondent had violated, was violating or was about to violate provisions of the Act or Regulations (“Investigation”);
WHEREAS, on December 1, 2017, based on the Investigation, the Commissioner, acting pursuant to Sections 36b-27(a) and 36b-27(b) of the Act and Section 36b-27(d) of the Act, as amended by Public Act 17-236, issued a Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Fine and Notice of Right to Hearing against Respondent (collectively, “Notice”), which Notice is incorporated by reference herein;
WHEREAS, on December 4, 2017, the Notice was sent by certified mail, return receipt requested, to Respondent;
WHEREAS, on January 2, 2018, the Notice was returned to the Department marked “Return to Sender – Unclaimed – Unable to Forward”;
WHEREAS, on December 19, 2017, the Notice was served on the Commissioner, and on December 19, 2017, in accordance with Section 36b-33(h) of the Act, Notice of Service on the Banking Commissioner In the Matter of: Arthur Connolly dated December 19, 2017 (“Notice of Service”), was sent by certified mail, return receipt requested, to Respondent;
WHEREAS, Respondent has failed to request a hearing on the allegations set forth in the Notice within 14 days of the date of the Notice of Service;
WHEREAS, on January 19, 2018, a Certification was issued rendering the Order to Cease and Desist and Order to Make Restitution permanent as of January 3, 2018, which Certification is incorporated by reference herein;
WHEREAS, Section 36a-1-31(a) of the Regulations provides, in pertinent part, that:
When a party fails to request a hearing within the time specified in the notice, the allegations against the party may be deemed admitted. Without further proceedings or notice to the party, the commissioner shall issue a final decision in accordance with section 4-180 of the Connecticut General Statutes and section 36a-1-52 of the Regulations of Connecticut State Agencies, provided the commissioner may, if deemed necessary, receive evidence from the department, as part of the record, concerning the appropriateness of the amount of any . . . fine [or] restitution . . . sought in the notice.
WHEREAS, Section 36b-31(a) of the Act provides, in pertinent part, that “[t]he commissioner may from time to time make . . . such . . . orders as are necessary to carry out the provisions of sections 36b-2 to 36b-34, inclusive”;
AND WHEREAS, Section 36b-31(b) of the Act provides, in pertinent part, that “[n]o . . . order may be made . . . unless the commissioner finds that the action is necessary or appropriate in the public interest or for the protection of investors and consistent with the purposes fairly intended by the policy and provisions of sections 36b-2 to 36b-34, inclusive”;
II. FINDINGS OF FACT AND CONCLUSIONS OF LAW
| 1. | The Commissioner finds that the facts as set forth in paragraphs 7 through 27, inclusive, of the Notice, shall constitute findings of fact within the meaning of Section 4-180(c) of the General Statutes of Connecticut and Section 36a-1-52 of the Regulations, and that the Statutory Basis for Order to Cease and Desist, Order to Make Restitution and Order Imposing Fine set forth in paragraphs 28 through 33, inclusive, of the Notice shall constitute conclusions of law within the meaning of Section 4-180(c) of the General Statutes of Connecticut and Section 36a-1-52 of the Regulations. |
| 2. | The Commissioner finds that Respondent committed one violation of Section 36b-16 of the Act, at least one violation of Section 36b-4(a) of the Act, and at least one violation of Section 36b-6(a) of the Act. |
| 3. | The Commissioner finds that the facts require the imposition of a fine upon Respondent. |
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The Commissioner finds that the Notice complied with the requirements of Section 36b-27 of the Act, as amended, and Section 4-177 of the General Statutes of Connecticut. |
| 5. | The Commissioner finds that the imposition of a fine upon Respondent is necessary and appropriate in the public interest and for the protection of investors and consistent with the purposes fairly intended by the policy and provisions of Sections 36b-2 to 36b-34, inclusive, of the Act. |
III. ORDER
Having read the record, I hereby ORDER, pursuant to Section 36b-27(d) of the Act, as amended, that:
| 1. | A fine of One Hundred Thousand Dollars ($100,000) shall be imposed upon Arthur Connolly, such fine to be remitted to the Department by cashier’s check, certified check or money order, made payable to “Treasurer, State of Connecticut”, no later than forty-five (45) days from the date this Order Imposing Fine is mailed; and |
| 2. |
This Order Imposing Fine shall become final when mailed. |
| Dated at Hartford, Connecticut, | ____/s/_____________ | |
| this 31st day of January 2018. | Jorge L. Perez | |
| Banking Commissioner |
This Order was sent by certified mail,
return receipt requested, to Respondent
on January 31, 2018.
Arthur Connolly
43 Maple Street Extension
Kent, Connecticut 06757
Certified mail no. 7012 3050 0000 6997 6797