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IN THE MATTER OF: RODRIGUEZ COMMUNICATIONS, LLC ("Rodriguez Communications") |
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SETTLEMENT AGREEMENT |
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part IV of Chapter 668, Sections 36a-580 to 36a-589, inclusive, of the Connecticut General Statutes, “Check Cashing Services”, and Sections 36a-585-1, 36a-588-1, 36a-588-3 and 36a-588-4 of the Regulations of Connecticut State Agencies;
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 Rodriguez Communications 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 Rodriguez Communications, during the period of February 1, 2006 through October 15, 2009, engaged in the business of cashing checks, drafts and money orders for consideration without obtaining a license to operate a general facility or a limited facility, in violation of Section 36a-581(a) of the 2010 Supplement to the General Statutes;
WHEREAS, the Commissioner believes that the unlicensed check, draft and money order cashing activity allegations would support initiation of enforcement proceedings against Rodriguez Communications, including proceedings to issue a cease and desist order against Rodriguez Communications pursuant to Sections 36a-587(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 on Rodriguez Communications pursuant to Sections 36a-587(b) and 36a-50(a) 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 agreed settlement, unless precluded by law;
WHEREAS, both the Commissioner and Rodriguez Communications acknowledge the possible consequences of formal administrative proceedings;
WHEREAS, Rodriguez Communications voluntarily agrees to enter into this Settlement Agreement without admitting or denying any allegations set forth herein, and solely for the purpose of obviating the need for formal administrative proceedings concerning the allegations described above;
WHEREAS, Rodriguez Communications, through its execution of this Settlement Agreement, voluntarily agrees to waive any rights to a hearing upon the allegations contained in this Settlement Agreement, and waives the right to seek judicial review or otherwise challenge or contest the validity of this Settlement Agreement;
AND WHEREAS, Rodriguez Communications specifically assures the Commissioner that Rodriguez Communications has not engaged in any unlicensed check cashing activity since October 15, 2009, and that the violation described herein shall not occur in the future.
NOW THEREFORE, the Commissioner and Rodriguez Communications enter into this Settlement Agreement as follows:
| 1. | No later than ninety (90) days following the date this Settlement Agreement is executed by Rodriguez Communications, Rodriguez Communications 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 Seven Thousand Five Hundred Dollars ($7,500) as a civil penalty; |
| 2. | Rodriguez Communications shall not engage in the business of cashing checks, drafts or money orders for consideration, except as an incident to the conduct of any other lawful business where not more than fifty cents ($.50) is charged for the cashing of such check, draft or money order, without obtaining a license to operate a check cashing general facility or limited facility for each location where such business is to be conducted; |
| 3. | Upon entry of this Settlement Agreement, this matter will be resolved and the Commissioner will not take any future enforcement action against Rodriguez Communications based upon the allegations contained herein; provided that entry of this Settlement Agreement is without prejudice to the right of the Commissioner to take enforcement action against Rodriguez Communications based on the allegations contained herein if any representation made by Rodriguez Communications in this Settlement Agreement is subsequently discovered to be untrue or if Rodriguez Communications is not fully complying with any term or condition stated herein; |
| 4. | Nothing in this Settlement Agreement shall adversely affect the ability of Rodriguez Communications to apply for or obtain a license to operate a check cashing general facility or limited facility from the Commissioner in the future; and |
| 5. | Notwithstanding paragraph 3 herein, execution of this Settlement Agreement is without prejudice to the right of the Commissioner to take enforcement action against Rodriguez Communications for violating this Settlement Agreement if the Commissioner determines that Rodriguez Communications is not fully complying with any term or condition contained herein or if any representation made by Rodriguez Communications and reflected herein is subsequently discovered to be untrue. For purposes of this paragraph, a violation of this Settlement Agreement shall be deemed to be a violation of an order of the Commissioner. |
IN WITNESS WHEREOF, the parties hereto have caused this Settlement Agreement to be executed by each of them or their duly authorized representatives on the dates hereinafter subscribed.
Dated at Hartford, Connecticut
this 16th day of April 2010. ________/s/_________
Howard F. Pitkin
Banking Commissioner
I, Ruby Rodriguez, state on behalf of Rodriguez Communications, LLC, I have read the foregoing Settlement Agreement; that I know and fully understand its contents; that I am authorized to execute this Settlement Agreement on behalf of Rodriguez Communications, LLC; that Rodriguez Communications, LLC agrees freely and without threat or coercion of any kind to comply with the terms and conditions stated herein; and that Rodriguez Communications, LLC voluntarily agrees to enter into this Settlement Agreement, expressly waiving any right to a hearing on the matters described herein.
By: ________/s/_________
Name: Ruby Rodriguez
Title: Member
Rodriguez Communications, LLC
State of: CT
County of: Fairfield
On this the 6 day of April 2010, before me, John J. Hammer, the undersigned officer, personally appeared Ruby Rodriguez, who acknowledged himself to be the Member of Rodriguez Communications, LLC, a member managed/manager managed 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/_________
Commissioner of the Superior Court