DOB: PIPS Inc - CD-FINE

* * * * * * * * * * * * * * *


IN THE MATTER OF:

PIPS INCORPORATED


    ("Respondent")

* * * * * * * * * * * * * * *

*
*
*
*
*
*
*
*
*
*
*

ORDER TO CEASE AND DESIST

AND

ORDER IMPOSING FINE

DOCKET NO. CF-2005-7193-S

WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Chapter 672a of the Connecticut General Statutes, the Connecticut Uniform Securities Act (“Act”) as amended by Public Act 05-177 and Sections 36b-31-2, et seq. of the Regulations of Connecticut State Agencies promulgated under the Act (“Regulations”);

WHEREAS, the Commissioner, through the Securities and Business Investments Division (“Division”) of the Department of Banking, conducted an investigation pursuant to Section 36b-26(a) of the Act into the activities of Respondent, to determine whether Respondent had violated, was violating or was about to violate any provisions of the Act or Regulations;

WHEREAS, on December 8, 2005, the Commissioner, acting pursuant to Section 36b-27(a) of the Act, Section 4-182(c) of the Connecticut General Statutes and Section 36b-27(d) of the Act, issued an Order to Cease and Desist (“Order”), Notice of Intent to Fine (“Fine Notice”) and Notice of Right to Hearing against Respondent (collectively “Notice”), which Notice is incorporated by reference herein;

WHEREAS, in the Notice the Commissioner ordered that Respondent cease and desist from directly or indirectly violating the provisions of the Act, including without limitation, offering unregistered securities and that Respondent would have an opportunity for a hearing on the allegations set forth in the Notice;

WHEREAS, in the Notice the Commissioner notified Respondent that it could request a hearing concerning the allegations set forth in the Notice;

WHEREAS, the Fine Notice stated that the Commissioner intended to impose a fine against Respondent; that a hearing would be held on January 19, 2006, on the matters alleged in the Fine Notice, and that if Respondent failed to appear at the hearing, the Commissioner may order that a maximum fine of One Hundred Thousand Dollars ($100,000) be imposed upon Respondent;

WHEREAS, on December 28, 2005, the Notice was received by Ricardo J. Alfaro Avenue on behalf of Respondent;

WHEREAS, Respondent failed to request a hearing on the matters set forth in the Notice;

WHEREAS, on January 19, 2006, Respondent failed to appear at the Hearing;

WHEREAS, the Commissioner alleged in the Notice that Respondent, through the Internet, offered securities for sale to Connecticut investors, which were not registered in Connecticut under the Act, in violation of Section 36b-16 of the Act, which constitutes a basis for an order to cease and desist to be issued against Respondent under Section 36b-27(a) of the Act, and for the imposition of a fine against Respondent under Section 36b-27(d) of the Act;

WHEREAS, Section 36a-1-31(b) of the Regulations provides, in relevant part, that “[w]hen a party fails to appear at a scheduled hearing, the allegations against the party may be deemed admitted”;

WHEREAS, Section 36b-27(a) of the Act, provides, in relevant part, that “[w]henever it appears to the commissioner after an investigation that any person or persons have violated, are violating or are about to violate any of the provisions of sections 36b-2 to 36b-33, inclusive, or any regulation . . . or order adopted or issued under said sections, or that the further sale or offer to sell securities would constitute a violation of said sections or any such regulations . . . or orders . . . the commissioner may in the commissioner’s discretion order the persons or persons . . . to cease and desist from the violations . . . .”;

WHEREAS, Section 36b-27(d)(2) of the Act provides, in relevant part, that “[i]f such person . . . fail[s] to appear at the hearing, the commissioner may, as the facts require, order that a fine . . . be imposed upon such person”;

WHEREAS, the facts as set forth in paragraph 7 of the Notice shall constitute findings of fact, and the statutory and regulatory basis for an order to cease and desist to be issued against Respondent pursuant to Section 36b-27(a) of the Act and the imposition of a fine, set forth in paragraphs 8 and 9 of the Notice, shall constitute conclusions of law;

WHEREAS, the Commissioner has complied with the requirements of Section 4-182(c) of the Connecticut General Statutes;

WHEREAS, the Commissioner finds that the facts require the issuance of a permanent order to cease and desist against Respondent;

WHEREAS, the Commissioner finds that the facts require the imposition of a fine against Respondent;

WHEREAS, the Commissioner finds that Respondent has violated Section 36b-16 of the Act;

WHEREAS, Section 36b-31(a) of the Act provides, in pertinent part, that “[t]he commissioner may from time to time make . . . such . . . orders as are necessary to carry out the provisions of sections 36b-2 to 36b-33, inclusive”;

WHEREAS, Section 36b-31(b) of the Act provides, in pertinent part, that “[n]o . . . order may be made . . . unless the commissioner finds that the action is necessary or appropriate in the public interest or for the protection of investors and consistent with the purposes fairly intended by the policy and provisions of sections 36b-2 to 36b-33, inclusive”;

AND WHEREAS, the Commissioner finds that the issuance of an order to cease and desist against Respondent and imposition of a fine is necessary and appropriate in the public interest and for the protection of investors and consistent with the purposes fairly intended by the policy and provisions of Sections 36b-2 to 36b-33, inclusive, of the Act.

ORDER

1. On the date of entry of this order, the Order to Cease and Desist that was issued against PIPS Incorporated on December 8, 2005 is hereby made PERMANENT.
2. A fine of $100,000 is imposed against PIPS Incorporated, to be remitted to the Department of Banking by certified check, made payable to “Treasurer, State of Connecticut”, no later than 14 days from the entry of this order.
3. This Order shall become final when entered.

Entered at Hartford, Connecticut
this 14th day of March 2006.            ________/s/_________
                                                  John P. Burke
                                                  Banking Commissioner

This Order was sent by certified
mail, return receipt requested, to
Respondent on March 17, 2006.

PIPS Incorporated                    Certified Mail No. 7003 0500 0002 2517 6574
P.T. 7323, 2nd Floor
Jalan BBN1/2 E
Bandar Baru Nilai
Negeri Sembilan 71800
Malaysia

Ricardo J. Alfaro Avenue            Certified Mail No. 7003 0500 0002 2517 6581
Tower Building, Floor 20
Office 207
Bethania Panama
Republic of Panama
 


Administrative Orders and Settlements