DOB: Bulletin 2538 - October 12, 2012

The Department of Banking News Bulletin 

Bulletin # 2538
Week Ending October 12, 2012

This bulletin constitutes the only official notification you will receive from this office concerning any of the following applications. Any observations you may have are solicited. Any comments should be in writing to Howard F. Pitkin, Banking Commissioner, at the Connecticut Department of Banking, 260 Constitution Plaza, Hartford, CT 06103-1800 or via E-mail. Written comments will be considered only if they are received within ten days from the date of this bulletin.


CONSUMER CREDIT DIVISION ACTIVITY
Notice of Automatic Suspension, Temporary Order to Cease and Desist,
Notice of Intent to Revoke Consumer Collection Agency License
and Notice of Intent to Issue Order to Cease and Desist
 
On September 26, 2012, the Commissioner issued a Notice of Automatic Suspension, Temporary Order to Cease and Desist, Notice of Intent to Revoke Consumer Collection Agency License, Notice of Intent to Issue Order to Cease and Desist and Notice of Right to Hearing (“Notice”) in the Matter of:  National Credit Solutions, L.L.C. (“Respondent”), Oklahoma City, Oklahoma.  The Notice was the result of an investigation by the Consumer Credit Division.  The Notice alleges that Respondent failed to maintain a surety bond that runs concurrent with its license for 3680 E. I-240 Service Road, Oklahoma City, Oklahoma, in violation of Section 36a-802(a) of the Connecticut General Statutes.  The Commissioner also found that public welfare required the issuance of a Temporary Order to Cease and Desist.  Respondent was afforded an opportunity to request a hearing with regard to the allegation set forth in the Notice.
 
Consent Order
 
On September 26, 2012, the Commissioner entered into a Consent Order with Cornerstone Capital Group, LLC d/b/a Cornerstone Capital Financial Services (NMLS # 1185) (“Cornerstone Capital Group”), East Hartford, Connecticut.  The Consent Order was based on an examination by the Consumer Credit Division.  As a result of such examination, the Commissioner alleged that Cornerstone Capital Group employed or retained, during the period of March 4 through May 5, 2010, one (1) individual as a mortgage loan originator who was not licensed, in violation of Section 36a-486(b) of the Connecticut General Statutes, after previously representing in a March 20, 2009, Settlement Agreement with the Commissioner that Cornerstone Capital Group had reviewed and updated its internal policies, procedures and controls for assessing whether an individual engaged in mortgage-related activity with Cornerstone Capital Group requires licensure from the Commissioner under Part I of Chapter 668, Sections 36a-485 et seq., of the Connecticut General Statutes, including but not limited to, licensure as an originator under Section 36a 486(b) of the Connecticut General Statutes.  As part of the Consent Order, Cornerstone Capital Group was ordered to pay $5,000 as a civil penalty.
 
Temporary Order to Cease and Desist, Notice of Intent to Issue
Order to Cease and Desist and Notice of Intent to Impose Civil Penalty
 
On September 28, 2012, the Commissioner issued a Temporary Order to Cease and Desist, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing (“Notice”) in the Matter of:  US National Legal Solutions a/k/a USNLS, Inc. (“Respondent”), Irvine, California.  The Notice was the result of an investigation by the Consumer Credit Division.  The Notice alleged that Respondent’s engaging in debt negotiation in this state without obtaining the required license constitutes a violation of Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011.  The Commissioner also found that public welfare required the issuance of a Temporary Order to Cease and Desist against Respondent.  Respondent was afforded an opportunity to request a hearing with regard to the allegation set forth in the Notice.
 
Order to Cease and Desist, Order of Repayment of Fees
and Order Imposing Civil Penalty
 
On September 28, 2012, the Commissioner issued an Order to Cease and Desist, Order of Repayment of Fees and Order Imposing Civil Penalty (“Order”) In the Matter of:  D & K Holdings, Incorporated d/b/a D & K Holdings Group Incorporated d/b/a Reliant Home Financial Group, Incorporated d/b/a The Arize Group, Inc. (“D & K Holdings”), of St. Louis, Missouri, Overland Park, Kansas, and Creve Coeur, Missouri; SKD Holdings, Inc. d/b/a Arize Home Financial Group, Incorporated (“SKD Holdings”) of St. Louis, Missouri, and Prairie Village, Kansas; and The Arize Group, Incorporated (“Arize Group”) of Overland Park and Shawnee, Kansas (collectively, “Respondents”).  The basis of the Order was that:  (1) D & K Holdings offered to engage in debt negotiation in this state without obtaining the required license, in violation of Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011, and Section 36a-671(b) of the 2012 Supplement to the General Statutes; (2) SKD Holdings offered to engage in debt negotiation in this state without obtaining the required license, in violation of Section 36a 671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011, and Section 36a 671(b) of the 2012 Supplement to the General Statutes; (3) Arize Group engaged in debt negotiation in this state without obtaining the required license, in violation of Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011, and Section 36a-671(b) of the 2012 Supplement to the General Statutes; and (4) the fees charged by D & K Holdings and Arize Group for debt negotiation services were excessive.  Each Respondent was ordered to cease and desist from violating Section 36a 671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011, and Section 36a 671(b) of the 2012 Supplement to the General Statutes and to pay a civil penalty in the amount of $100,000.  D & K Holdings and Arize Group were ordered to repay fees to identified Connecticut residents.
 
SECURITIES AND BUSINESS INVESTMENTS DIVISION ACTIVITY
Order to Cease and Desist, Order to Make Restitution and Notice of Intent to Fine Issued
 
On October 9, 2012, the Banking Commissioner issued an Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Fine and Notice of Right to Hearing against Sky Watch Media, a Connecticut corporation located in Greenwich, Connecticut, and Marie Meredith Duquesne, its founder, president and director.  Sky Watch Media, Inc. purportedly holds the rights to three online astrology websites.  The action alleged that, from at least December 10, 2009, the respondents offered and sold unregistered shares of Sky Watch Media, Inc. stock in violation of Section 36b-16 of the Connecticut Uniform Securities Act; that respondent Duquesne transacted business as an unregistered agent of issuer in contravention of Section 36b-6(a) of the Act; and that respondent Sky Watch Media, Inc. employed Duquesne in such capacity in violation of Section 36b-6(b) of the Act.  The action also alleged that the respondents violated the antifraud provisions in Section 36b-4(a) of the Act by failing to disclose material information to prospective and actual purchasers of Sky Watch Media, Inc. stock and by including baseless business projections in investment presentations.  The respondents were afforded an opportunity to request a hearing on the allegations in the Order to Cease and Desist, Order to Make Restitution and Notice of Intent to Fine.
 
   Dated:  Tuesday, October 16, 2012
 

             
     Howard F. Pitkin
     Banking Commissioner