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IN THE MATTER OF: OAK VIEW LAW GROUP, ("Oak View Law Group") |
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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, Oak View Law Group is a California corporation with a place of business at 8421 Auburn Boulevard #145, Suite B, Citrus Heights, California;
WHEREAS, the Commissioner, through the Consumer Credit Division (“Division”) of the Department of Banking, conducted an investigation pursuant to Section 36a-17 of the Connecticut General Statutes into the activities of Oak View Law Group 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, as a result of such investigation, the Commissioner alleges that from at least December 30, 2009 through February 11, 2011, Oak View Law Group was 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 Oak View Law Group, including proceedings to issue a cease and desist order against Oak View Law Group 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 Oak View Law Group 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 Oak View Law Group acknowledge the possible consequences of formal administrative proceedings, and Oak View Law Group voluntarily agrees 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, Oak View Law Group has provided to the Division a list of twenty-three (23) Connecticut residents who had retained Oak View Law Group for debt negotiation services;
WHEREAS, Oak View Law Group herein represents that it is not aware of any additional Connecticut residents who had retained Oak View Law Group for debt negotiation services since October 1, 2009;
AND WHEREAS, Oak View Law Group, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to notice and an opportunity for hearing as it pertains to the allegation set forth herein, and voluntarily waives its right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.
CONSENT TO ENTRY OF SANCTIONS
WHEREAS, Oak View Law Group, through its execution of this Consent Order, consents 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 Oak View Law Group, Oak View Law Group 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. | Oak View Law Group 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 |
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No later than thirty (30) days after this Consent Order is executed by Oak View Law Group, Oak View Law Group shall repay all fees paid to Oak View Law Group by Connecticut residents for debt negotiation services on or after October 1, 2009 by cashier’s check, certified check or money order and shall promptly provide satisfactory evidence of such repayments to: Marlene Mannix, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or marlene.mannix@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 Oak View Law Group 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 Oak View Law Group 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 Oak View Law Group and reflected herein is subsequently discovered to be untrue; and |
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This Consent Order shall become final when issued.
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Dated at Hartford, Connecticut
this 8th day of August 2011. ________/s/_________
Howard F. Pitkin
Banking Commissioner
I, Joe Marman, state on behalf of Oak View Law Group, A Professional Corporation, 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 Oak View Law Group, A Professional Corporation; that Oak View Law Group, A Professional Corporation agrees freely and without threat or coercion of any kind to comply with the sanctions entered and terms and conditions ordered herein; and that Oak View Law Group, A Professional Corporation 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: Joe Marman
Title: Attorney
Oak View Law Group,
A Professional Corporation
State of: California
County of: Sacramento
On this the 27 day of July 2011, before me, Cindy Devi Hensley, the undersigned officer, personally appeared Joseph Marman who acknowledged himself to be the Executive Attorney of Oak View Law Group, A Professional Corporation, a corporation, and that he as such Executive Attorney, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as Executive Attorney.
In witness whereof I hereunto set my hand.
________/s/_________
Notary Public
Date Commission Expires: August 26, 2012