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IN THE MATTER OF: UNE TRAVEL LLC ("Une Travel") |
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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 Une Travel 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 November 2, 2010, the Commissioner, acting pursuant to Sections 36a-587(b), 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 Une Travel, which Notice is incorporated herein by reference;
WHEREAS, the Notice alleges that Une Travel engaged in the business of cashing checks, drafts and money orders for consideration without licensure for a general facility or limited facility and continued to engage in such unlicensed activity after informing the Commissioner, in writing, that it had ceased such activity;
WHEREAS, on November 5, 2010, Une Travel received the Notice;
WHEREAS, on November 17, 2010, Une Travel requested a hearing on the Notice, which is currently scheduled for January 19, 2011;
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, Une Travel voluntarily agrees to enter into this Settlement Agreement without admitting or denying any allegation contained in the Notice and set forth herein, and solely for the purpose of obviating the need for formal administrative proceedings concerning the allegations described above;
WHEREAS, Une Travel, through its execution of this Settlement Agreement, voluntarily agrees to waive any rights to a hearing upon the allegations contained in the Notice and this Settlement Agreement, and waives the right to seek judicial review or otherwise challenge or contest the validity of this Settlement Agreement;
AND WHEREAS, Une Travel specifically assures the Commissioner that it has not engaged in any unlicensed check cashing activity since November 5, 2010, and that the violations alleged in the Notice and set forth herein shall not occur in the future.
NOW THEREFORE, the Commissioner and Une Travel enter into this Settlement Agreement as follows:
| 1. | No later than sixty (60) days following the date this Settlement Agreement is executed by Une Travel, Une Travel 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 ($3,000) as a civil penalty; |
| 2. | Une Travel shall not engage in the business of cashing checks, drafts or money orders for consideration, except as an incident to the conduct of any other lawful business where not more than fifty cents ($.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 with respect to Une Travel will be resolved and the Commissioner will not take any future enforcement action against Une Travel 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 Une Travel based on the allegations contained herein if any representation made by Une Travel in this Settlement Agreement is subsequently discovered to be untrue or if Une Travel is not fully complying with any term or condition stated herein; |
| 4. | Nothing in this Settlement Agreement shall adversely affect the ability of Une Travel 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 Une Travel to enforce this Settlement Agreement if the Commissioner determines that Une Travel is not fully complying with any term or condition contained herein. 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 22nd day of February 2011. ________/s/_________
Howard F. Pitkin
Banking Commissioner
I, Francia E. Figueroa, state on behalf of Une Travel LLC, that 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 Une Travel LLC; and that Une Travel LLC agrees freely and without threat or coercion of any kind to comply with the terms and conditions stated herein.
By: ________/s/_________
Name: Francia E. Figueroa
Title: Owner
Une Travel LLC
State of: Connecticut
County of: Fairfield
On this the 11th day of February 2011, before me, Ramon Pons III, the undersigned officer, personally appeared Francia E. Figueroa, who acknowledged herself to be the Owner of Une Travel LLC, a member managed/manager managed limited liability company, and that she as such Owner, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the limited liability company by herself as Une Travel LLC.
In witness whereof I hereunto set my hand.
________/s/_________
Notary Public
Date Commission Expires: April 30, 2011