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IN THE MATTER OF: LAW OFFICES OF ANDREU, ("Andreu, Palma & Andreu") |
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CONSENT ORDER
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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, Andreu, Palma & Andreu is a Florida limited liability company with an office at 701 SW 27th Avenue, Suite 900, Miami, Florida;
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation pursuant to Section 36a-17 of the 2012 Supplement to the General Statutes into the activities of Andreu, Palma & Andreu 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 at least October 2010 though October 26, 2011, Andreu, Palma & Andreu, acted within this state as a consumer collection agency without a consumer collection agency license, in violation of Section 36a-801 of the Connecticut General Statutes;
WHEREAS, the Commissioner believes that such allegation would support initiation of enforcement proceedings against Andreu, Palma & Andreu, including proceedings to issue a cease and desist order against Andreu, Palma & Andreu 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 against Andreu, Palma & Andreu 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 agreed settlement, unless precluded by law;
WHEREAS, both the Commissioner and Andreu, Palma & Andreu acknowledge the possible consequences of formal administrative proceedings and Andreu, Palma & Andreu voluntarily agrees to consent to the entry of the sanction described below without admitting or denying the allegation set forth herein, and solely for the purpose of obviating the need for formal administrative proceedings concerning the allegation set forth herein;
WHEREAS, Andreu, Palma & Andreu herein represents to the Commissioner that it has not acted within this state as a consumer collection agency since October 26, 2011;
WHEREAS, Andreu, Palma & Andreu specifically assures the Commissioner that the violation described herein shall not occur in the future;
WHEREAS, on December 2, 2011, Andreu, Palma & Andreu filed an Application for Consumer Collection Agency License with the Commissioner;
AND WHEREAS, Andreu, Palma & Andreu, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to notice and an opportunity for 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, Andreu, Palma & Andreu, 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 Andreu, Palma & Andreu, Andreu, Palma & Andreu 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;
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 Andreu, Palma & Andreu 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 Andreu, Palma & Andreu 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 Andreu, Palma & Andreu and reflected herein is subsequently discovered to be untrue; |
| 3. | Nothing in the issuance of this Consent Order shall adversely affect the ability of Andreu, Palma & Andreu to apply for or obtain a license or renewal licenses under Part XII of Chapter 669, Sections 36a-800 et seq., of the Connecticut General Statutes; and |
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This Consent Order shall become final when issued. |
Dated at Hartford, Connecticut
this 24th day of April 2012. ________/s/_________
Howard F. Pitkin
Banking Commissioner
I, Juan G. Andreu, state on behalf of Law Offices of Andreu, Palma & Andreu, P.L., 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 Law Offices of Andreu, Palma & Andreu, P.L.; that Law Offices of Andreu, Palma & Andreu, P.L. agrees freely and without threat or coercion of any kind to comply with the sanction entered and terms and conditions ordered herein; and that Law Offices of Andreu, Palma & Andreu, P.L. 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: Juan G. Andreu
Title: Managing Member
Law Offices of Andreu, Palma & Andreu, P.L.
State of: Florida
County of: Miami-Dade
On this the 18 day of April 2012, before me, Yanelys Calderin, the undersigned officer, personally appeared Juan G. Andreu who acknowledged himself/herself to be the Managing Member of Law Offices of Andreu, Palma & Andreu, P.L., a limited liability company, and that he/she as such Managing 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/herself as Managing Member.
In witness whereof I hereunto set my hand.
________/s/_________
Notary Public
Date Commission Expires: June 9, 2013