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ASHLEIGH COOPER SWAYZE * * * * * * * * * * * * * * * * * * |
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CONSENT ORDER No. CO-17-8290a-S |
I. PRELIMINARY STATEMENT
II. CONSENT TO WAIVER OF PROCEDURAL RIGHTS
WHEREAS, Swayze, through her execution of this Consent Order, voluntarily waives the following rights:
1. | To be afforded notice and an opportunity for a hearing within the meaning of Section 36b-27 of the Act and Section 4-177(a) of the General Statutes of Connecticut; |
2. | To present evidence and argument and to otherwise avail herself of Section 36b-27 of the Act and Section 4-177c(a) of the General Statutes of Connecticut; |
3. | To present her position in a hearing in which she is represented by counsel; |
4. | To have a written record of the hearing made and a written decision issued by a hearing officer; and |
5. | To seek judicial review of, or otherwise challenge or contest, the matters described herein, including the validity of this Consent Order. |
III. ACKNOWLEDGEMENT OF THE COMMISSIONER'S ALLEGATIONS
WHEREAS, Swayze, through her execution of this Consent Order, acknowledges the following allegations of the Commissioner without admitting or denying them:
1. |
Swayze engaged in conduct that materially aided RPM’s failure to abide by the supervisory requirements in Section 36b-31-6f(b) of the Regulations with respect to the unregistered status of Agent A; |
2. | Swayze violated Section 36b-23 of the Act by making materially false or misleading statements to the Commissioner concerning Agent A’s status with RPM as well as the nature and scope of Agent A’s solicitation and/or advisory activities with the firm; |
WHEREAS, the Commissioner would have the authority to enter findings of fact and conclusions of law after granting Swayze an opportunity for a hearing;
AND WHEREAS, Swayze acknowledges the possible consequences of an administrative hearing and voluntarily agrees to consent to the entry of the sanctions described below.
IV. CONSENT TO ENTRY OF SANCTIONS
WHEREAS, Swayze, through her execution of this Consent Order, consents to the Commissioner’s entry of an order imposing on her the following sanctions:
1. | Swayze shall cease and desist from directly or indirectly violating, or materially aiding in the violation of, any provision of the Act and the Regulations, including, without limitation, Sections 36b-6(c) and 36b-23 of the Act and Section 36b-31-6f(b) of the Regulations; and |
2. |
No later than the date this Consent Order is entered by the Commissioner, Swayze shall remit to the Department, by cashier’s check, certified check or money order made payable to “Treasurer, State of Connecticut”, the sum of ten thousand dollars ($10,000) as an administrative fine. |
V. CONSENT ORDER
NOW THEREFORE,
the Commissioner enters the following:1. | The Sanctions set forth above be and are hereby entered; |
2. | Entry of this Consent Order by the Commissioner is without prejudice to the right of the Commissioner to take enforcement action against Swayze 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; |
3. | Nothing in this Consent Order shall be construed as limiting the Commissioner’s ability to take enforcement action against Swayze based upon: (i) 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; or (ii) evidence indicating that Swayze withheld material information from, or made any material misstatement or omission to, the Commissioner in connection with this matter; |
4. | Swayze shall not take any action or make or permit to be made any public statement, including in regulatory filings or otherwise, denying, directly or indirectly, any allegation referenced in this Consent Order or create the impression that this Consent Order is without factual basis. However, nothing in this Consent Order affects Swayze’s testimonial obligations or right to take any legal or factual position in litigation, arbitration, or other legal proceedings in which the Commissioner is not a party; |
5. | Swayze shall not take any position in any proceeding brought by or on behalf of the Commissioner, or to which the Commissioner is a party, that is inconsistent with any part of this Consent Order; and |
6. | This Consent Order shall become final when entered. |
So ordered at Hartford, Connecticut, | _____/s/____________ | |
this 21st day of April 2017. | Jorge L. Perez | |
Banking Commissioner |
CONSENT TO ENTRY OF ORDER
I, Ashleigh Cooper Swayze, state that I have read the foregoing Consent Order; that I know and fully understand its contents; that I agree freely and without threat or coercion of any kind to comply with the terms and conditions stated herein; and that I consent to the entry of this Consent Order.
_____/s/_________ |
Ashleigh C. Swayze |
_____/s/_______________________
Notary Public
Date Commission Expires: 9/21/2017