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IN THE MATTER OF: THE BRACHFELD LAW GROUP, ("Brachfeld Law Group") |
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CONSENT ORDER |
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part XII of Chapter 669, Sections 36a-800 to 36a-810, inclusive, of the Connecticut General Statutes, “Consumer Collection Agencies”, and the regulations promulgated thereunder (Sections 36a-809-6 to 36a-809-17, inclusive, of the Regulations of Connecticut State Agencies) (“Regulations”);
WHEREAS, Brachfeld Law Group is a California professional corporation that is not currently licensed to act as a consumer collection agency in Connecticut under Part XII of Chapter 669, Sections 36a-800, et seq., of the Connecticut General Statutes;
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 Brachfeld Law Group to determine if it had violated, was violating or was about to violate the provisions of the Connecticut General Statutes and Regulations within the jurisdiction of the Commissioner;
WHEREAS, as a result of such investigation, the Commissioner alleges that during the period of May 2008 through November 2010, Brachfeld Law Group acted as a consumer collection agency in Connecticut without the required license, in violation of Section 36a-801(a) of the Connecticut General Statutes;
WHEREAS, the Commissioner believes that such allegation would support initiation of enforcement proceedings against Brachfeld Law Group, including proceedings to issue a cease and desist order against Brachfeld Law Group pursuant to Sections 36a-804(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 Brachfeld Law Group pursuant to Sections 36a-804(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 Brachfeld Law Group acknowledge the possible consequences of formal administrative proceedings, and Brachfeld Law Group voluntarily agrees to consent to the entry of the sanction described below without admitting or denying any allegation set forth herein and solely for the purpose of obviating the need for further formal administrative proceedings concerning the allegation set forth herein;
WHEREAS, on November 17, 2010, Brachfeld Law Group filed an Application for Consumer Collection Agency License with the Commissioner, which application is currently pending;
WHEREAS, Brachfeld Law Group herein represents to the Commissioner that it has not acted as a consumer collection agency in Connecticut without licensure since November 11, 2010;
WHEREAS, Brachfeld Law Group specifically assures the Commissioner that the violation described herein shall not occur in the future;
AND WHEREAS, Brachfeld Law Group, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including right to a notice and an opportunity for a 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 SANCTION
WHEREAS, Brachfeld Law Group, through its execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanction:
No later than the date this Consent Order is executed by Brachfeld Law Group, Brachfeld 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 Seven Thousand Five Hundred Dollars ($7,500) as a civil penalty;
CONSENT ORDER
NOW THEREFORE, the Commissioner enters the following:
| 1. | The Sanction set forth above be and is 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 Brachfeld 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 Brachfeld 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 Brachfeld Law Group and reflected herein is subsequently discovered to be untrue; |
| 3. | Nothing in the issuance of this Consent Order shall adversely affect the ability of Brachfeld Law Group to apply for or obtain an original license or renewal licenses under Part XII of Chapter 669, Sections 36a-800 to 36a-810, inclusive, of the Connecticut General Statutes; and |
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This Consent Order shall become final when issued.
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Dated at Hartford, Connecticut
this 26th day of April 2011. ________/s/_________
Howard F. Pitkin
Banking Commissioner
CONSENT TO ENTRY OF ORDER
I, Kanika Walker, state on behalf of The Brachfeld 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 The Brachfeld Law Group, A Professional Corporation; that The Brachfeld Law Group, A Professional Corporation agrees freely and without threat or coercion of any kind to comply with the sanction entered and terms and conditions ordered herein; and that The Brachfeld 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: Kanika D. Walker, Esq.
Title: Director of Legal Compliance
The Brachfeld Law Group,
A Professional Corporation
State of: Texas
County of: Harris
On this the 19th day of April 2011, before me, Mary Keena, the undersigned officer, personally appeared Kanika Walker who acknowledged herself to be the Representative of The Brachfeld Law Group, A Professional Corporation, and that she as such Representative, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the professional corporation by herself as Director of Legal Compliance.
In witness whereof I hereunto set my hand.
________/s/_________
Notary Public
Date Commission Expires: November 13, 2012