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DAMIAN KEVON WILSON (CRD No. 4765109) * * * * * * * * * * * * * * * * * * * |
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STIPULATION ST-09-7663-S |
WHEREAS, the Banking Commissioner (the “Commissioner”) is charged with the administration of Chapter 672a of the Connecticut General Statutes, the Connecticut Uniform Securities Act (the “Act”) and Sections 36b-31-2 et seq. of the Regulations of Connecticut State Agencies (the “Regulations”) promulgated under the Act;
WHEREAS, Damian Kevon Wilson (“Wilson”) has been registered as a broker-dealer agent of American Capital Partners, LLC (CRD number 119249) under the Act since February 22, 2008;
WHEREAS, the Commissioner, acting pursuant to Section 36b-26 of the Act and through the Securities and Business Investments Division (the “Division”) of the Department of Banking, has conducted an investigation into the activities of American Capital Partners, LLC and its agents to determine whether they, or any of them, have violated, are violating or are about to violate any provision of the Act or any regulation or order under the Act;
WHEREAS, as a result of such investigation, the Commissioner alleges that, in early 2008 and immediately prior to his becoming registered, Wilson transacted business as an agent of American Capital Partners, LLC in contravention of Section 36b-6(a) of the Act;
WHEREAS, Chapter 54 of the Connecticut General Statutes permits the resolution of a contested case by stipulation or agreed settlement;
WHEREAS, Wilson desires to settle the matters described herein and voluntarily enters into this Stipulation and Agreement, acknowledging that this Stipulation and Agreement is in lieu of any court action or administrative proceeding adjudicating any issue of fact or law on the matters described herein;
WHEREAS, Wilson, through his execution of this Stipulation and Agreement, voluntarily waives any rights he may have to seek judicial review or otherwise challenge or contest the terms and conditions of this Stipulation and Agreement;
NOW THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
| (1) | No later than the date this Stipulation and Agreement is executed by the Commissioner, Wilson shall pay to the department by certified bank check an administrative fine of five hundred dollars ($500); |
| (2) | Wilson shall refrain from engaging in conduct constituting or which would constitute a violation of the Act or any regulation or order under the Act, including, without limitation, transacting business as an agent absent registration in or from this state; |
| (3) | Execution of this Stipulation and Agreement by the Commissioner is without prejudice to the right of the Commissioner to take enforcement action against Wilson based upon a violation of this Stipulation and Agreement or the basis for its entry if the Commissioner determines that compliance is not being observed with the terms hereof; |
| (4) | Nothing in this Stipulation and Agreement shall be construed as limiting the Commissioner's ability to take enforcement action against Wilson based upon evidence of which the Division was unaware on the date hereof relating to a violation of the Act or any regulation or order under the Act; and |
| (5) | This Stipulation and Agreement shall become binding when executed by both parties hereto. |
IN WITNESS WHEREOF, the undersigned have executed this Stipulation and Agreement on the dates indicated.
________/s/_________
Howard F. Pitkin
Banking Commissioner
Dated at Hartford, Connecticut
this 9th day of June 2009.
I, Damian Kevon Wilson, state that I have read the foregoing Stipulation and Agreement; that I know and fully understand its contents; and that I agree freely and without threat or coercion of any kind to comply with the terms and conditions stated herein.
_________/s/___________________
Damian Kevon Wilson
On this 23 day of April 2009, personally appeared Damian Kevon Wilson, signer of the foregoing Stipulation and Agreement, who, being duly sworn, did acknowledge the same to be his free act and deed, before me.
____________/s/___________________
Notary Public
My Commission Expires: 07/18/2009