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IN THE MATTER OF: MICHAEL A. LUPOLOVER LAW OFFICES OF PREMIER CONSULTANT PREMIER DEBT PRO (collectively "Respondents") * * * * * * * * * * * * * * * * * * * * |
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CONSENT ORDER |
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Sections 36a-671 to 36a-671d, inclusive, of the Connecticut General Statutes contained in Part II of Chapter 669 of the Connecticut General Statutes, “Debt Adjusters and Debt Negotiation”;
WHEREAS, Lupolover is an attorney not admitted in the State of Connecticut;
WHEREAS, Lupolover is also affiliated as a control person of the following entities: Creditors Relief LLC; Premier Debt Solutions Limited Liability Company; Premier Debt Solvers; Premier Debt Pro; Law Offices; Consumer Law Advocates PC; Debt Solutions Limited Liability Company; and Lupolover & Canty Professional Corporation (collectively “Companies”);
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 Respondents to determine if they had violated, were violating or were about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
WHEREAS, as a result of such investigation, the Commissioner alleges that from at least October 2009 to July 2011, Respondents were engaged in unlicensed debt negotiation activity in Connecticut, in violation of Section 36a-671(b) of the Connecticut General Statutes;
WHEREAS, the Commissioner believes that such allegation would support initiation of enforcement proceedings against Respondents, including proceedings to issue a cease and desist order against Respondents pursuant to Sections 36a-671a(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 upon each of the Respondents pursuant to Sections 36a-671a(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 Respondents acknowledge the possible consequences of formal administrative proceedings, and Respondents voluntarily agree 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, Respondents herein represent that, as of July 20, 2011, Respondents ceased and desisted from engaging or offering to engage in debt negotiation in this state;
WHEREAS, pursuant to a settlement agreement entered into on July 20, 2011, with the Office of Chief Disciplinary Counsel of the State of Connecticut Judicial Branch, Lupolover and Law Offices herein represent that they have either refunded or transferred to a duly licensed or exempt debt negotiator all fees paid by Connecticut clients of Law Offices for debt negotiation services. Such refunded fees totaled approximately $166,539;
WHEREAS, in furtherance of this Consent Order, Lupolover and Premier Debt Solvers herein represent that they have refunded all fees paid by Connecticut clients of Premier Debt Solvers for debt negotiation services. Such fees totaled approximately $11,741;
WHEREAS, in furtherance of this Consent Order, Lupolover and Premier Debt Pro herein represent that they have refunded all fees paid by Connecticut clients of Premier Debt Pro for debt negotiation services. Such fees totaled approximately $2,857;
WHEREAS, Lupolover herein represents that the Law Offices, Premier Debt Solvers and Premier Debt Pro are the only entities that he controlled which had Connecticut clients for debt negotiation services;
WHEREAS, Lupolover herein represents that he is not aware of any additional Connecticut clients other than those noted in Exhibit A attached hereto, who had retained the Companies for debt negotiation services since October 1, 2009;
AND WHEREAS, Respondents, through their execution of this Consent Order, voluntarily agree to waive their procedural rights, including a right to notice and an opportunity for hearing as it pertains to the allegation set forth herein, and voluntarily waive their rights to seek judicial review or otherwise challenge or contest the validity of this Consent Order.
CONSENT TO ENTRY OF SANCTIONS
WHEREAS, Respondents, through their execution of this Consent Order, consent 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 Respondents, Respondents 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 Three Thousand Dollars ($3,000) as a civil penalty; |
| 2. | Respondents shall immediately cease and desist from engaging or offering to engage in unlicensed debt negotiation activity in Connecticut, in violation of Section 36a-671(b) of the Connecticut General Statutes; and |
| 3. |
No later than the date this Consent Order is executed by Respondents, Respondents shall refund all fees paid directly or indirectly to Respondents by Connecticut residents for debt negotiation services from October 2009 through the date this Consent Order is issued and shall promptly provide satisfactory evidence of such repayments to: Carmine Costa, Division Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov.
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CONSENT ORDER
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 Respondents 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 Respondents 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 Respondents and reflected herein is subsequently discovered to be untrue; and |
| 3. |
This Consent Order shall become final when issued.
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Issued at Hartford, Connecticut
this 26th day of April 2012. ________/s/_________
Howard F. Pitkin
Banking Commissioner
I, Michael A. Lupolover, state that I have read the foregoing Consent Order; that I know and fully understand its contents; that I agree freely and without threat or coercion of any kind to comply with the terms and conditions stated herein; and I consent to the issuance of this Consent Order, expressly waiving any right to a hearing on the matters described herein.
By: ___________/s/_____________
Michael A. Lupolover
State of: New Jersey
County of: Bergen
On this the 19 day of April 2012, before me, Julie Urmanche, the undersigned officer, personally appeared Michael A. Lupolover, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand.
________/s/_________
Notary Public
Date Commission Expires: 06/01/2017
I, Michael A. Lupolover, state on behalf of Law Offices of Michael Lupolover, PC, 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 Law Offices of Michael Lupolover, PC; that Law Offices of Michael Lupolover, PC agrees freely and without threat or coercion of any kind to comply with the sanctions entered and terms and conditions ordered herein; and that Law Offices of Michael Lupolover, PC voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.
By: ___________/s/_____________
Name: Michael A. Lupolover
Title: Principle
Law Offices of Michael Lupolover, PC
State of: New Jersey
County of: Bergen
On this the 19 day of April 2012, before me, Julie Urmanche, the undersigned officer, personally appeared Michael A. Lupolover who acknowledged himself to be the Principal of Law Offices of Michael Lupolover, PC, a professional corporation, and that he as such Member, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the professional corporation by himself as Member.
In witness whereof I hereunto set my hand.
________/s/_________
Notary Public
Date Commission Expires: 06/01/2017
I, Michael A. Lupolover, state on behalf of Premier Consultant Group, LLC d/b/a Premier Debt Solvers, 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 Premier Consultant Group, LLC d/b/a Premier Debt Solvers; that Premier Consultant Group, LLC d/b/a Premier Debt Solvers agrees freely and without threat or coercion of any kind to comply with the sanctions entered and terms and conditions ordered herein; and that Premier Consultant Group, LLC d/b/a Premier Debt Solvers voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.
By: ___________/s/_____________
Name: Michael A. Lupolover
Title: Member
Premier Consultant Group, LLC
d/b/a Premier Debt Solvers
State of: New Jersey
County of: Bergen
On this the 19 day of April 2012, before me, Julie Urmanche, the undersigned officer, personally appeared Michael A. Lupolover who acknowledged himself to be the Principal of Premier Consultant Group, LLC d/b/a Premier Debt Solvers, a limited liability company, and that he 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 himself as Member.
In witness whereof I hereunto set my hand.
________/s/_________
Notary Public
Date Commission Expires: 06/01/2017
I, Michael A. Lupolover, state on behalf of Premier Debt Pro Servicing, 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 Premier Debt Pro Servicing, LLC; that Premier Debt Pro Servicing, 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 Premier Debt Pro Servicing, LLC voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.
By: ___________/s/_____________
Name: Michael A. Lupolover
Title: Member
Premier Debt Pro Servicing, LLC
State of: New Jersey
County of: Bergen
On this the 19 day of April 2012, before me, Julie Urmanche, the undersigned officer, personally appeared Michael A. Lupolover who acknowledged himself to be the Principal of Premier Debt Pro Servicing, LLC, a limited liability company, and that he 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 himself as Member.
In witness whereof I hereunto set my hand.
________/s/_________
Notary Public
Date Commission Expires: 06/01/2017