DOB: Bulletin 2543 - November 16, 2012

The Department of Banking News Bulletin 

Bulletin # 2543
Week Ending November 16, 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.



STATE BANK ACTIVITY
Branch Activity
 
Section 36a-145 of the Connecticut General Statutes requires certain applications for a branch, or for a limited branch at which loans will be made, be accompanied by a plan detailing how adequate services to meet the banking needs of all community residents will be provided.  Plans are submitted when such applications are filed and are available for public inspection and comment at this Department for a period of 30 days.  Questions concerning branch activity should be directed to the Financial Institutions Division, (860) 240-8180.
 
Date Bank Location Activity
11/13/12
Farmington Bank
Farmington
350 Buckland Road
South Windsor, CT  06074
Opening
Date
 
Interstate Loan Production Office
 
On November 13, 2012, pursuant to Sections 36a-412(d) of the Connecticut General Statutes, as amended by Public Act 12-96, the Commissioner granted approval to Bank of England, an Arkansas banking corporation with its main office in England, Arkansas, to establish a loan production office at 15 Oakwood Avenue, 1st Floor, Norwalk, Connecticut.
 

SECURITIES AND BUSINESS INVESTMENTS DIVISION ACTIVITY
Greenwich Company and its President Each Fined $50,000 and Directed
to Make Restitution; Order to Cease and Desist Becomes Permanent
 
On November 15, 2012, the Banking Commissioner entered an Order Imposing Fine (Docket No. CRF-12-7989-S) against Sky Watch Media, a Connecticut corporation located in Greenwich, Connecticut, and an Order Imposing Fine against Marie Meredith Duquesne, founder, president and director of the company.   The actions had been preceded by an October 9, 2012 Order to Cease and Desist, Order to Make Restitution, Notice of Intent to Fine and Notice of Right to Hearing (Docket No. CRF-12-7989-S) alleging 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 October 9, 2012 action had 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.
 
Since neither respondent had requested a hearing on the Order to Cease and Desist or the Order to Make Restitution, the Order to Cease and Desist and the Order to Make Restitution became permanent as to each respondent on October 31, 2012.

Similarly, the respondents did not appear or contest the imposition of their respective fines.  In fining each respondent $50,000, the Commissioner adopted as findings of fact and conclusions of law the allegations made in the original Order to Cease and Desist, Order to Make Restitution and Notice of Intent to Fine.
 

CONSUMER CREDIT DIVISION ACTIVITY
Order Revoking Debt Adjuster License and Order to Cease and Desist
 
On October 26, 2012, the Commissioner issued an Order Revoking Debt Adjuster License and Order to Cease and Desist (“Order”) in the Matter of:  Credit Counseling Solutions, Inc. (“Respondent”), Branford, Connecticut.  The Order was based on Respondent’s failure to maintain a surety bond during the entire period of its license to engage in the business of debt adjustment in Connecticut from 52 Harrison Avenue, Branford, Connecticut, in violation of Section 36a-664 of the 2012 Supplement to the General Statutes.  The Order revokes Respondent’s license to engage in the business of debt adjustment in Connecticut from such location and orders Respondent to cease and desist from violating Section 36a 664 of the 2012 Supplement to the General Statutes.
 
Notice of Intent to Issue Order to Cease and Desist
and Notice of Intent to Impose Civil Penalty
 
On October 26, 2012, the Commissioner 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 (“Notice”) in the Matter of:  Fairview Mortgage Corp (NMLS # 5936) (“Respondent”), Massapequa, New York.  The Notice was the result of an investigation by the Consumer Credit Division.  The Notice alleges that Respondent failed to file certain quarterly and annual information required on the Nationwide Mortgage Licensing System and Registry, in violation of Section 36a-534b(c)(3) of the 2012 Supplement to the General Statutes and in violation of Section 36a-534b(c)(3) of the 2012 Supplement to the General Statutes, as amended by Public Act 12-96.  Respondent was afforded an opportunity to request a hearing on the allegations set forth in the Notice.
 
On October 26, 2012, the Commissioner 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 (“Notice”) in the Matter of:  Integrity Financial Group LLC (NMLS # 129857) (“Respondent”), Farmington, Connecticut.  The Notice was the result of an investigation by the Consumer Credit Division.  The Notice alleges that Respondent failed to file certain quarterly and annual information required on the Nationwide Mortgage Licensing System and Registry, in violation of Section 36a-534b(c)(3) of the 2012 Supplement to the General Statutes and in violation of Section 36a-534b(c)(3) of the 2012 Supplement to the General Statutes, as amended by Public Act 12-96.  Respondent was afforded an opportunity to request a hearing on the allegations set forth in the Notice.
 
On October 26, 2012, the Commissioner 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 (“Notice”) in the Matter of:  L’Altrella Lending Group, LLC (NMLS # 130753) (“Respondent”), Shelton, Connecticut.  The Notice was the result of an investigation by the Consumer Credit Division.  The Notice alleges that Respondent failed to file certain quarterly and annual information required on the Nationwide Mortgage Licensing System and Registry, in violation of Section 36a-534b(c)(3) of the 2012 Supplement to the General Statutes and in violation of Section 36a-534b(c)(3) of the 2012 Supplement to the General Statutes, as amended by Public Act 12-96.  Respondent was afforded an opportunity to request a hearing on the allegations set forth in the Notice.
On October 26, 2012, the Commissioner 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 (“Notice”) in the Matter of:  Sound Mortgage, LLC (NMLS # 71423) (“Respondent”), Guilford, Connecticut.  The Notice was the result of an investigation by the Consumer Credit Division.  The Notice alleges that Respondent failed to file certain quarterly and annual information required on the Nationwide Mortgage Licensing System and Registry, in violation of Section 36a-534b(c)(3) of the 2012 Supplement to the General Statutes and in violation of Section 36a-534b(c)(3) of the 2012 Supplement to the General Statutes, as amended by Public Act 12 96.  Respondent was afforded an opportunity to request a hearing on the allegations set forth in the Notice.
 
Consent Order
 
On October 26, 2012, the Commissioner entered into a Consent Order with Anilom Mortgage Corporation (NMLS # 120299) (“Anilom”), Norwalk, Connecticut, and Samuel Molina, Jr. (NMLS # 130560) (“Molina”).  The Consent Order was based on an investigation by the Consumer Credit Division.  As a result of such investigation, the Commissioner issued, on October 10, 2012, a Temporary Order to Cease and Desist, Order of Summary Suspension, Second Amended Notice of Intent to Refuse to Renew Mortgage Broker License, Notice of Intent to Revoke Mortgage Loan Originator License, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing against Anilom and Molina.  With respect to Anilom, the Commissioner alleged, among other things, that Anilom:  (1) failed to establish and maintain the statutory net worth requirement, (2) failed to file various required reports on the Nationwide Mortgage Licensing System and Registry; (3) made a material misstatement in its mortgage broker application, and (4) made or caused to be made orally and in a document filed with the Commissioner in a proceeding and in an investigation under Title 36a, statements which were, at the time and in the light of the circumstances under which they were made, false or misleading in a material respect, each of which constituted sufficient grounds to revoke or refuse to renew Anilom’s license to act as a mortgage broker in Connecticut, and some of which formed bases upon which to issue an order to cease and desist and to impose civil penalties on Anilom.  With respect to Molina, the Commissioner alleged, among other things, that Molina:  (1) made a material misstatement in his mortgage loan originator application, and (2) made or caused to be made orally and in a document filed with the Commissioner in a proceeding and in an investigation under Title 36a, statements which were, at the time and in the light of the circumstances under which they were made, false or misleading in a material respect, each of which constituted sufficient grounds to revoke Molina’s license to engage in the business of a mortgage loan originator in Connecticut, and some of which also provided bases upon which to issue an order to cease and desist and to impose civil penalties on Molina.  As part of the Consent Order, the mortgage broker license of Anilom and the mortgage loan originator license of Molina were each ordered revoked.
 
 
 
     Dated:  Tuesday, November 20, 2012
 
 
       Howard F. Pitkin
       Banking Commissioner