DOB: Layesh Tala d/b/a Route 66 Check Express, Settlement Agreement

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IN THE MATTER OF:

LAYESH TALA d/b/a
ROUTE 66 CHECK EXPRESS

    ("Layesh Tala")

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SETTLEMENT AGREEMENT        

WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part IV of Chapter 668, Sections 36a-580 to 36a-589, inclusive, of the Connecticut General Statutes, “Check Cashing Services” and Sections 36a-585-1, 36a-588-1, 36a-588-3 and 36a-588-4 of the Regulations of Connecticut State Agencies;
 
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation pursuant to Section 36a-17 of the Connecticut General Statutes into the activities of Layesh Tala to determine if he had violated, was violating or was about to violate the provisions of the Connecticut General Statutes;
 
WHEREAS, as a result of such investigation, the Commissioner alleges that Layesh Tala, during the period of February 6, 2009 through March 16, 2009, engaged in the business of cashing checks and money orders for consideration without obtaining the required license to operate a general facility or a limited facility, in violation of Section 36a-581(a) of the Connecticut General Statutes;
 
WHEREAS, the Commissioner believes that the unlicensed check and money order cashing activity allegations would support initiation of enforcement proceedings against Layesh Tala, including proceedings to issue a cease and desist order against Layesh Tala pursuant to Sections 36a-587(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 on Layesh Tala pursuant to Sections 36a-587(b) and 36a-50(a) 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 Layesh Tala acknowledge the possible consequences of formal administrative proceedings;
 
WHEREAS, Layesh Tala voluntarily agrees to enter into this Settlement Agreement without admitting or denying any allegations set forth herein, and solely for the purpose of obviating the need for formal administrative proceedings concerning the allegations described above;
 
WHEREAS, Layesh Tala, through his execution of this Settlement Agreement, voluntarily agrees to waive any rights to a hearing upon the allegations contained in this Settlement Agreement, and waives the right to seek judicial review or otherwise challenge or contest the validity of this Settlement Agreement;
 
AND WHEREAS, Layesh Tala specifically assures the Commissioner that the violation described herein shall not occur in the future.
 
NOW THEREFORE, the Commissioner and Layesh Tala enter into this Settlement Agreement as follows:

1. No later than the date this Settlement Agreement is executed by Layesh Tala, Layesh Tala 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 ($3,000) as a civil penalty;
2. Layesh Tala shall not engage in the business of cashing checks, drafts or money orders for consideration, except as an incident to the conduct of any other lawful business where not more than fifty cents ($.50) is charged for the cashing of such check, draft or money order, without obtaining a license to operate a check cashing general facility or limited facility for each location where such business is to be conducted;
3. Upon entry of this Settlement Agreement, this matter will be resolved and the Commissioner will not take any future enforcement action against Layesh Tala based upon the allegations contained herein; provided that entry of this Settlement Agreement is without prejudice to the right of the Commissioner to take enforcement action against Layesh Tala based on the allegations contained herein if any representation made by Layesh tala in this Settlement Agreement are subsequently discovered to be untrue of if Layesh Tala is not fully complying with any term or condition stated herein;
4. Nothing in this Settlement Agreement shall adversely affect the ability of Layesh Tala to apply for or obtain a license to operate a check cashing general facility or limited facility from the Commissioner in the future; and
5. Notwithstanding paragraph 3 herein, execution of this Settlement Agreement is without prejudice to the right of the Commissioner to take enforcement action against Layesh Tala for violating Agreement if the Commissioner determines that Layesh Tala is not fully complying with any term or condition contained herein or if any representation made by Layesh Tala and reflected herein is subsequently discovered to be untrue.  For purposes of this paragraph, a violation of this Settlement Agreement shall be deemed to be a violation of an order of the Commissioner.

IN WITNESS WHEREOF, the parties hereto have caused this Settlement Agreement to be executed by each of them or their duly authorized representatives on the dates hereinafter subscribed.


Dated at Hartford, Connecticut
this 21st day of August 2009.             ________/s/_________
                                                     Howard F. Pitkin
                                                     Banking Commissioner



I, Layesh Tala, state that I have read the foregoing Settlement Agreement; 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 voluntarily agree to enter into this Settlement Agreement, expressly waiving any right to a hearing on the matters described herein.                          

                                            
                                    By:  ________/s/_________
                                           Name:  Layesh Tala
                                           d/b/a Route 66 Check Express


State of:  Connecticut

County of:  Windham


 On this the 13th day of August 2009, before me, Omar H. Shepard, Jr., the undersigned officer, personally appeared Layesh Tala, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained.

In witness whereof I hereunto set my hand.


                                     ________/s/_________
                                     Omar H. Shepard, Jr.
                                     Commissioner of the Superior Court


Administrative Orders and Settlements