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IN THE MATTER OF:
CENTURY UNION SERVICES, LLC
NMLS # 907743 (“Century Union”) ROBES BARBOZA
NMLS # 908878 (“Barboza”) (Collectively, “Respondents”)
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TEMPORARY ORDER TO ORDER OF SUMMARY SUSPENSION NOTICE OF INTENT TO REVOKE NOTICE OF INTENT TO ISSUE NOTICE OF INTENT TO IMPOSE AND NOTICE OF RIGHT TO HEARING |
The Banking Commissioner (“Commissioner”) is charged with the administration of Part V of Chapter 668, Sections 36a-595 to 36a-612, inclusive, of the Connecticut General Statutes, “Money Transmission Act”.
Pursuant to the authority granted by Sections 36a-608(a) and 36a-17(a) of the Connecticut General Statutes, the Commissioner, through the Consumer Credit Division (“Division”) of the Department of Banking (“Department”), 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-608(a) of the Connecticut General Statutes provides, in pertinent part, that:
The commissioner shall make such investigations as the commissioner considers necessary to determine whether any licensee or any other person has violated, is violating or is about to violate any of the provisions of sections 36a-595 to 36a-612, inclusive, or whether any licensee has acted in such manner as otherwise would justify the suspension or revocation of the license. The provisions of section 36a-17 shall apply to such investigation. For purposes of this section, “unsafe or unsound practice” means a practice or conduct by a licensee or an authorized delegate that is likely to result in a material loss, insolvency or dissipation of the licensee’s assets or otherwise materially prejudice the interests of purchasers.
Section 36a-17(a) of the Connecticut General Statutes provides, in pertinent part, that:
The commissioner, in the commissioner’s discretion, may . . . (1) make such public or private investigations or examinations 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-51 of the Connecticut General Statutes provides, in pertinent part, that:
(a) The commissioner may . . . revoke . . . any license issued by the commissioner under any provision of the general statutes by sending a notice to the licensee 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 licensee 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 . . . involved; (4) a short and plain statement of the matters asserted; and (5) a statement indicating that the licensee may file a written request for a hearing on the matters asserted within fourteen days of receipt of the notice. If the commissioner finds that public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in the notice, the commissioner may order summary suspension of a license in accordance with subsection (c) of section 4-182 and require the licensee to take or refrain from taking such action as in the opinion of the commissioner will effectuate the purposes of this section, pending proceedings for . . . revocation . . . .
(b) 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 licensee fails to appear at the hearing. After the hearing, the commissioner shall . . . revoke . . . the license for any reason set forth in the applicable licensing provisions of the general statutes if the commissioner finds sufficient grounds exist for such . . . revocation . . . . If the licensee does not request a hearing within the time specified in the notice or fails to appear at the hearing, the commissioner shall . . . revoke . . . the license. No such license shall be . . . revoked except in accordance with the provisions of chapter 54.
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(a) of the Connecticut General Statutes provides, in pertinent part, that:
(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.
Section 4-182(c) of the Connecticut General Statutes provides, in pertinent part, that:
If the agency finds that public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
II. MATTERS ASSERTED
| 1. |
Century Union is a Massachusetts limited liability company with an office at 493 Broadway, Everett, Massachusetts, that currently maintains a license to engage in the business of money transmission in Connecticut. Century Union also lists offices at 107 Wilson Avenue, Newark, New Jersey, and 597 E Sample Road, Suite B, Pompano Beach, Florida. |
| 2. |
At all relevant times hereto, Century Union engaged in the business of money transmission from at least three locations in Connecticut: (1) BH Services, LLC or RBML Supermarket, LLC a/k/a Bull Boi Meat Supermarket located at 827 North Avenue, Bridgeport (“Bridgeport Location”), (2) Multitransfer LLC or Bem Brasil Market, LLC located at 213 White Street #1, Danbury, and (3) Link Travel & Services LLC located at 1839 Park Street, Hartford (collectively, “Authorized Delegates”). |
| 3. |
At all relevant times hereto, Barboza was the managing member and sole owner of Century Union. Barboza was also the sole member of RBML Supermarket, LLC a/k/a Bull Boi Meat Supermarket and Bem Brasil Market, LLC. |
| 4. |
On October 4, 2016, a Connecticut consumer complained to the Department that on September 8, 2016, he provided $10,000 to Century Union for money transmission to Brazil at the Bridgeport Location, which was never remitted to the intended recipient in Brazil (“Connecticut Complaint”). The receipt for such money transmission provides an address for Century Union of 597 E Sample Road, Suite B, Pompano Beach, Florida, and indicates that the monies will be available in “24 Hours to Seven (7) Business Days”.
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| 5. |
On October 5, 2016, the Department commenced an investigation into the activities of Century Union (“Investigation”) and forwarded the Connecticut Complaint to Barboza. Barboza responded to the Department via e-mail later the same day implying that the reason for Century Union’s failure to transmit monies was that the banks in Brazil have been on strike for over 30 days. Barboza also indicated in the e mail that “we have posted info to all our locations and also sent message to all our clients to wait until bank is open”.
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| 6. |
Since October 5, 2016, the Department has received additional complaints that Century Union failed to transmit monies on behalf of Connecticut consumers to Brazil. Based on information obtained from Century Union, Century Union failed to transmit monies to persons in Brazil totaling at least $121,577 in connection with 64 transactions from August 2 through September 26, 2016, from the Bridgeport Location (“Bridgeport Money Transmissions”).
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| 7. |
On October 17, 2016, in a telephone conversation with examiners from the Department, Barboza reiterated his statements made on October 5, 2016, that the cause of money transmissions not being remitted to the intended recipients in Brazil on behalf of Connecticut consumers was the bank strike in Brazil and that signage alerting customers to such fact had been posted at its Connecticut locations. Barboza also represented that all outstanding money transmissions to Brazil on behalf of Connecticut consumers would be made by October 26, 2016.
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| 8. |
As a result of the Investigation, the Department found that, contrary to the statements made by Barboza on October 5 and October 17, 2016, information has not been posted at all of Century Union’s locations in Connecticut and the bank strike appears to have taken place from September 6 to October 6, 2016, dates well after the dates on which the majority of the Bridgeport Money Transmissions were purchased by Connecticut consumers.
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| 9. |
Furthermore, from August through at least October 2016, Century Union, with the knowledge that numerous previous money transmissions had not been remitted to the intended recipients in Brazil on behalf of Connecticut consumers, continued to take thousands of dollars on behalf of Connecticut consumers, representing to such consumers that such monies would be timely transmitted, including during the dates of the bank strike. In fact, Connecticut consumers provided monies to Century Union in connection with approximately 29 of the Bridgeport Money Transmissions during the dates of the bank strike, including the transmission which was the subject of the Connecticut Complaint.
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| 10. |
As of October 14, 2016, the money transmission which was the subject of the Connecticut Complaint had been transmitted to Brazil, but approximately 43 of the Bridgeport Money Transmissions totaling $104,109 remained outstanding and have not yet been transmitted to the intended recipients in Brazil.
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| 11. | By e-mail dated October 20, 2016, Barboza acknowledged to the Department that the outstanding money transmissions on behalf of Connecticut consumers had not yet been remitted to Brazil but represented that such transmissions would be made by October 26, 2016. |
III. STATUTORY BASIS FOR REVOCATION OF MONEY TRANSMISSION LICENSE,
ORDER TO CEASE AND DESIST AND IMPOSITION OF CIVIL PENALTY
Section 36a-53a of the Connecticut General Statutes provides that:
No person shall make or cause to be made orally or in any document filed with the commissioner or in any proceeding, investigation or examination under this title, any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect.
Section 36a-600(a) of the 2016 Supplement to the General Statutes provides, in pertinent part, that:
Upon the filing of an application for an initial license, and the payment of the fees for investigation and license, the commissioner shall investigate the financial condition and responsibility, financial and business experience, character and general fitness of the applicant. The commissioner may issue a license if the commissioner finds that: . . .
(2) The applicant’s business will be conducted honestly, fairly, equitably, carefully and efficiently within the purposes and intent of sections 36a-595 to 36a-612, inclusive, and in a manner commanding the confidence and trust of the community;
(3) . . . (D) if the applicant is a limited liability company, each member is in all respects properly qualified and of good character . . . .
Section 36a-608 of the Connecticut General Statutes provides, in pertinent part, that:
(b) The commissioner may . . . revoke a license or take any other action, in accordance with section 36a-51, on any ground on which the commissioner might refuse to issue an initial license, for any violation of sections 36a-595 to 36a-612, inclusive, . . . for engaging in fraud, intentional misrepresentation or gross negligence, or for engaging in an unsafe or unsound practice.
(c) Whenever it appears to the commissioner that any person has violated, is violating or is about to violate any provision of sections 36a-595 to 36a-612, inclusive, . . . or any licensee has . . . engaged in fraud, intentional misrepresentation or gross negligence, or for engaging in an unsafe or unsound practice, the commissioner may take action against such person in accordance with sections 36a-50 and 36a-52.
Section 36a-596(11) of the 2016 Supplement to the General Statutes defines “purchaser” to mean, in pertinent part, that:
[A] person . . . who has given money or monetary value for current or future transmission.
| 1. |
Century Union’s failure to transmit money or monetary value received from Connecticut consumers, as more fully described in paragraphs 2, 4, 6, 10 and 11 of the Matters Asserted, constitutes conduct that is likely to otherwise materially prejudice the interests of purchasers, which constitutes an unsafe or unsound practice within the meaning of Section 36a-608(a) of the Connecticut General Statutes. Such conduct constitutes sufficient grounds for the Commissioner to revoke Century Union’s license to engage in the business of money transmission in Connecticut pursuant to Section 36a-608(b) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes, and forms the basis to issue an order to cease and desist against Century Union pursuant to Sections 36a-608(c) and 36a-52(a) of the Connecticut General Statutes, and to impose a civil penalty against Century Union pursuant to Sections 36a-608(c) 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 Century Union in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation. |
| 2. |
The act of Century Union continuing to take monies from Connecticut consumers for money transmission to Brazil and representing to such consumers that such monies would be timely remitted, when Century Union had failed to do so for numerous other money transmissions to Brazil, whether as a result of the bank strike or otherwise, as more fully described in paragraphs 2, 4 through 6, inclusive, and 8 through 10, inclusive, of the Matters Asserted, constitutes engaging in fraud, intentional misrepresentations or gross negligence. Such conduct constitutes sufficient grounds for the Commissioner to revoke Century Union’s license to engage in the business of money transmission in Connecticut pursuant to Section 36a-608(b) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes, and forms the basis to issue an order to cease and desist against Century Union pursuant to Sections 36a-608(c) and 36a-52(a) of the Connecticut General Statutes, and to impose a civil penalty against Century Union pursuant to Sections 36a-608(c) 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 Century Union in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation. |
| 3. |
Century Union’s failure to transmit money or monetary value received from Connecticut consumers, as more fully described in paragraphs 2, 4, 6, 10 and 11 of the Matters Asserted, fails to demonstrate that Century Union’s business will be conducted honestly, fairly, equitably, carefully and efficiently within the purposes and intent of Sections 36a-595 to 36a-612, inclusive, of the Connecticut General Statutes and in a manner commanding the confidence and trust of the community. Such failure would be sufficient grounds for the Commissioner to deny an application for a money transmission license pursuant to Section 36a-600(a)(2) of the 2016 Supplement to the General Statutes and would be sufficient grounds for the Commissioner to revoke Century Union’s license to engage in the business of money transmission in Connecticut pursuant to Section 36a-608(b) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes. |
| 4. |
The statements that Barboza made to the Department, as more fully described in paragraphs 3 through 5, inclusive, and 7, 8 and 11 of the Matters Asserted, constitute making statements in an investigation which are, at the time and in the light of the circumstances under which they are made, false or misleading in a material respect, in violation of Section 36a-53a of the Connecticut General Statutes. Such violation forms the basis to issue an order to cease and desist against Barboza pursuant to Section 36a-52(a) of the Connecticut General Statutes, and to impose a civil penalty against Barboza pursuant to Section 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 Barboza in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation.
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| 5. |
Barboza’s position as member of Century Union, as more fully described in paragraph 3 of the Matters Asserted, and his statements to the Department, as more fully described in paragraphs 3 through 5, inclusive, and 7, 8 and 11 of the Matters Asserted, which were, at the time and in the light of the circumstances under which they were made, false or misleading in a material respect fails to demonstrate that each member of Century Union is in all respects properly qualified and of good character, which would be sufficient grounds for the Commissioner to deny an application for a money transmission license pursuant to Section 36a-600(a)(3)(D) of the 2016 Supplement to the General Statutes and sufficient grounds for the Commissioner to revoke Century Union’s license to engage in the business of money transmission in Connecticut pursuant to Section 36a-608(b) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes. |
IV. FINDINGS AND STATUTORY BASIS FOR TEMPORARY ORDER
TO CEASE AND DESIST AND ORDER OF SUMMARY SUSPENSION
V. TEMPORARY ORDER TO CEASE AND DESIST, ORDER OF SUMMARY SUSPENSION,
NOTICE OF INTENT TO REVOKE MONEY TRANSMISSION LICENSE, 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 Century Union has engaged in conduct which constitutes sufficient grounds for the Commissioner to revoke Century Unions license to engage in the business of money transmission in Connecticut pursuant to Section 36a-608(b) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes, and forms a basis to issue an order to cease and desist against Century Union pursuant to Sections 36a-608(c) and 36a-52(a) of the Connecticut General Statutes, and to impose a civil penalty upon Century Union pursuant to Sections 36a-608(c) and 36a-50(a) of the Connecticut General Statutes;
WHEREAS, the Commissioner has reason to believe that Barboza has engaged in conduct that forms a basis to issue an order to cease and desist against Barboza pursuant to Section 36a-52(a) of the Connecticut General Statutes, and to impose a civil penalty upon Barboza pursuant to Section 36a-50(a) of the Connecticut General Statutes;
AND WHEREAS, the Commissioner has made the findings required under Sections 36a-51(a), 36a-52(b) and 4-182(c) 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 Century Union Services, LLC immediately CEASE AND DESIST from engaging in an unsafe or unsound practice and engaging in fraud, intentional misrepresentations or gross negligence. This Temporary Order to Cease and Desist shall become effective upon receipt by Century Union Services, LLC, 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 Sections 36a-17(a), 36a-51(a) and 36a-52(b) of the Connecticut General Statutes, that:
| 1. |
Upon receipt of this Temporary Order to Cease and Desist, Order of Summary Suspension, Notice of Intent to Revoke Money Transmission License, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing, Century Union Services, LLC, and any and all officers, directors, trustees, principal employees, shareholders and Authorized Delegates acting on behalf of Century Union Services, LLC shall immediately cease and desist from engaging, directly or indirectly, in the business of money transmission in Connecticut, provided that Century Union Services, LLC is permitted to perform the winding-down of its Connecticut money transmission activities as expressly provided herein and Authorized Delegates are permitted to act on behalf of other persons licensed to engage in the business of money transmission in Connecticut accordance with Sections 36a-595 to 36a-612, inclusive, of the Connecticut General Statutes; |
| 2. |
Century Union Services, LLC shall provide to Carmine Costa, Director, Consumer Credit Division, Department of Banking (“Director”), by e-mail at carmine.costa@ct.gov as soon as possible, but not later than seven (7) days after the effective date of this Temporary Order to Cease and Desist, a detailed report of the number and amount of all money transmissions purchased by Connecticut purchasers since August 1, 2016, including, but not limited to, transactions that were cancelled, refunded, reissued through another licensed money transmitter or remain outstanding. The report shall include the names and addresses of all Connecticut purchasers from whom funds were collected for transmission by each Century Union location, the amount of such funds and corresponding fees collected by Century Union Services, LLC or its Authorized Delegates; |
| 3. | Century Union Services, LLC shall submit to the Director, by e-mail at carmine.costa@ct.gov as soon as possible, but not later than seven (7) days after the effective date of this Temporary Order to Cease and Desist, to the extent known, a detailed accounting of any monetary damages caused to Connecticut purchasers as a result of Century Union Services, LLC’s failure to transmit monies on behalf of Connecticut purchasers, including, but not limited to, any late charges incurred or penalties imposed on accounts; |
| 4. | Century Union Services, LLC shall immediately notify all Authorized Delegates of this Temporary Order to Cease and Desist and instruct such Authorized Delegates to immediately cease engaging in the business of money transmission in Connecticut on behalf of Century Union Services, LLC; |
| 5. | Century Union Services, LLC shall immediately secure all records, files and documents relating to its money transmission business in Connecticut (collectively, “Records”). Further, Century Union Services, LLC shall ensure that all Authorized Delegates acting on behalf of Century Union Services, LLC in Connecticut are directed to preserve all Records pursuant to the provisions of this paragraph. The Records shall be available to the Commissioner in their entirety upon request; |
| 6. | Notwithstanding this Temporary Order to Cease and Desist, Century Union Services, LLC shall immediately process and remit all transmittal orders for funds received from Connecticut purchasers with no loss to the purchaser. “No loss to the purchaser” shall mean that if Century Union Services, LLC is unable to remit funds collected for transmittal, the purchaser shall be entitled to a refund of all funds and fees collected by Century Union Services, LLC, either directly or through Century Union Services, LLC’s Authorized Delegates. Not later than seven (7) days after the effective date of this Temporary Order to Cease and Desist, Century Union Services, LLC shall submit evidence of compliance with this paragraph to the Director at carmine.costa@ct.gov, including, but not limited to, receipts confirming the transmittal of funds, the check number of payments issued and an accounting of the amount reimbursed to each individual; and |
| 7. | Upon the effective date of this Temporary Order to Cease and Desist, Century Union Services, LLC shall neither pay nor declare any dividend, salary or bonus, nor otherwise authorize any other material distribution of Century Union Services, LLC’s assets to any officer, director or owner of Century Union Services, LLC without the prior written approval of the Commissioner. Century Union Services, LLC shall implement or revise its practices and procedures, as necessary, to ensure that Century Union Services, LLC’s financial books and records are accurately maintained, in a manner illustrating compliance with the provisions of this paragraph, and available for review by the Division’s examiners upon request. |
THE COMMISSIONER FURTHER ORDERS, pursuant to the authority granted by Sections 36a-608(b), 36a-51(a) and 4-182(c) of the Connecticut General Statutes, that the license of Century Union Services, LLC to engage in the business of money transmission in Connecticut be and is hereby SUMMARILY SUSPENDED pending proceedings for revocation.
FURTHER, notice is hereby given to Century Union that the Commissioner intends to REVOKE Century Union’s license to engage in the business of money transmission in Connecticut, issue an order requiring Century Union to CEASE AND DESIST from violating the laws cited herein, and impose a CIVIL PENALTY upon Century Union as set forth herein, subject to Century Union’s right to a hearing on the allegations set forth above.
FURTHER, notice is hereby given to Barboza that the Commissioner intends to issue an order requiring Barboza to CEASE AND DESIST from violating Section 36a-53a of the Connecticut General Statutes, and impose a CIVIL PENALTY upon Barboza as set forth herein, subject to Barboza’s right to a hearing on the allegations 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 of Summary Suspension, Notice of Intent to Revoke Money Transmission License, 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 subsections (a) and (b) of Section 36a-51 and Sections 36a-52(a) and 36a-50(a) of the Connecticut General Statutes. This Temporary Order to Cease and Desist, Order of Summary Suspension, Notice of Intent to Revoke Money Transmission License, 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. To request a hearing, complete and return the enclosed Appearance and Request for Hearing Form 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 presiding 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 15, 2016, 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 any 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 Century Union does not request a hearing within the time prescribed or fails to appear at any such hearing, the allegations herein will be deemed admitted. Accordingly, the Commissioner will issue an order revoking Century Union’s license to engage in the business of money transmission in Connecticut, issue an order that Century Union cease and desist from engaging in an unsafe or unsound practice and engaging in fraud, intentional misrepresentations or gross negligence, and may order a civil penalty not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon Century Union.
If Barboza does not request a hearing within the time prescribed or fails to appear at any such hearing, the allegations herein will be deemed admitted. Accordingly, the Commissioner will issue an order that Barboza cease and desist from violating Section 36a-53a of the Connecticut General Statutes, and may order a civil penalty not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon Barboza.
So ordered at Hartford, Connecticut
this 24th day of October 2016. ________/s/_________
Jorge L. Perez
Banking Commissioner
CERTIFICATION
I hereby certify that on this 24th day of October 2016, I caused to be mailed by certified mail, return receipt requested, the foregoing Temporary Order to Cease and Desist, Order of Summary Suspension, Notice of Intent to Revoke Money Transmission License, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing to Century Union Services, LLC, Attention: Laercio Alves De Araujo, Compliance Officer, 597 Suite B West Sample Road, Pompano Beach, Florida 33060, certified mail no. 70151520000018249405; Century Union Services, LLC, Attention: Robes Barboza, Owner, 493 Broadway, Everett, Massachusetts 02149, certified mail no. 70151520000018249412; and to Robes Barboza, 493 Broadway, Everett, Massachusetts 02149, certified mail no. 70151520000018249429.
________/s/_________
Amy Grillo
Secretary