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IN THE MATTER OF: LIBERTY CONSULTING CORP. ("Respondent") * * * * * * * * * * * * * * * * * * * |
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ORDER TO CEASE AND DESIST AND ORDER IMPOSING CIVIL PENALTY |
I. PRELIMINARY STATEMENT
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking (“Department”), conducted an investigation of the activities of Respondent, pursuant to the authority granted by Section 36a-17(a) of the Connecticut General Statutes, to determine if it had violated, was violating or was about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
WHEREAS, on August 24, 2010, the Commissioner, acting pursuant to Section 36a-671a(b) of the 2010 Supplement to the General Statutes and Sections 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued a Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing (collectively “Notice”) against Respondent, which Notice is incorporated herein by reference;
WHEREAS, on August 25, 2010, the Notice was sent by registered mail, return receipt requested, to Respondent (Registered Mail No. RB028037385US);
WHEREAS, the Notice provided Respondent with the opportunity for a hearing, and stated that if a hearing was not requested within 14 days of its receipt, the Commissioner would issue an order that Respondent cease and desist from violating Section 36a-671(b) of the 2010 Supplement to the General Statutes, and may order that the maximum civil penalty of Thirteen Thousand Dollars ($13,000) be imposed upon Respondent;
II. FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. |
The Commissioner finds that the matters asserted, as set forth in paragraphs 1 through 4, inclusive, of Section II of the Notice, shall constitute findings of fact within the meaning of Section 4-180(c) of the Connecticut General Statutes, and that the conclusions, as set forth in Section III of the Notice, shall constitute conclusions of law within the meaning of Section 4-180(c) of the Connecticut General Statutes and Section 36a-1-52 of the Regulations of Connecticut State Agencies. |
2. |
The Commissioner finds that Respondent has engaged in acts or conduct which, pursuant to Section 36a-671a(b) of the 2010 Supplement to the General Statutes and Section 36a-52(a) of the Connecticut General Statutes, forms the basis to issue an order to cease and desist against Respondent, and, pursuant to Section 36a-671a(b) of the 2010 Supplement to the General Statutes and Section 36a-50(a) of the Connecticut General Statutes, forms the basis to impose a civil penalty upon Respondent. |
3. |
The Commissioner finds that the Notice was given in compliance with Sections 36a-52(a), 36a-50(a) and 4-177 of the Connecticut General Statutes. |
III. ORDER
Having read the record, I HEREBY ORDER, pursuant to Section 36a-671a(b) of the 2010 Supplement to the General Statutes and Sections 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, that:
1. |
Liberty Consulting Corp. CEASE AND DESIST from violating Section 36a-671(b) of the 2010 Supplement to the General Statutes; |
2. |
A CIVIL PENALTY of Thirteen Thousand Dollars ($13,000) be imposed against Liberty Consulting Corp. to be remitted to the Department of Banking by cashier’s check, certified check or money order, made payable to “Treasurer, State of Connecticut”, no later than thirty (30) days from the date this Order is mailed; and |
3. |
This Order shall become effective when mailed.
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Dated at Hartford, Connecticut
this 22nd day of September 2010. ________/s/_________
Howard F. Pitkin
Banking Commissioner
This Order was sent by certified mail,
return receipt requested, to
Respondent on September 22, 2010.
Liberty Consulting Corp. Certified Mail No. 70100290000274894685
53 School Ground Road
Branford, Connecticut 06405