December 15, 2009
FIRST CLASS AND CERTIFIED MAIL
Mr. Adam Robert Winnick
4926 Leeward Lane
Ft. Lauderdale, FL 33312
Re: Denial of Mortgage Loan Originator License
Dear Mr. Winnick:
On June 4, 2009, you filed a Form MU4, “Uniform Individual Mortgage License/Registration & Consent Form” (“Form MU4”), with the Nationwide Mortgage Licensing System seeking to obtain a mortgage loan originator license in Connecticut. Your sponsoring company is WCS Lending LLC, which is currently licensed as a mortgage correspondent lender under Part I of Chapter 668 of the Connecticut General Statutes, “Mortgage Lenders, Correspondent Lenders, Brokers and Loan Originators”. Pursuant to Section 36a-489 of the Connecticut General Statutes, as amended by Public Acts 09-207, 09-208 and 09-209, I hereby deny the license for the reasons set forth below.
Section 36a-489(b)(1) of the Connecticut General Statutes, as amended, prohibits me from issuing an initial license for a mortgage loan originator unless I find at a minimum, among other things, that the applicant has “(F) not made a material misstatement in the application.” If I deny the license, I must notify the applicant and may notify the sponsor of the denial and the reasons for such denial.
In response to Question 8(D)(1) of the Form MU4, which asked “[h]ave you ever: (1) been onvicted of or pled guilty or nolo contendere (‘no contest’) in a domestic, foreign, or military court to any felony?”, you answered “no.” In response to Question 8(D)(2) of the Form MU4, which asked, “[h]ave you ever: (2) been charged with a felony?”, you answered, “no.” Pursuant to the authority granted to me by Section 36a-17 of the Connecticut General Statutes, I have reviewed your criminal history record, which disclosed that on August 31, 2000, you were charged with and subsequently pled nolo contendere to a felony count of driving while license suspended (a 3rd degree felony). In response to Question 8(F)(1) of the Form MU4, which asked, “[h]ave you ever been convicted of or pled guilty or nolo contendere (‘no contest’) in a domestic, foreign, or military court to a misdemeanor involving: financial services or a financial services-related business; any fraud, false statements, or omissions; any theft or wrongful taking of property; bribery; perjury; forgery; counterfeiting; extortion; or a conspiracy to commit any of these offenses?” (emphasis added), you answered, “no.” Your criminal history record reveals that on February 20, 1991, you pled nolo contendere to a violation of Florida Statutes Section 832.05(4), “Fraud – Insuff Funds Check: Obtain Goods Services Under 150 Dols” (a 1st degree misdemeanor).
Although you subsequently updated your answers to reflect “yes” responses to Questions 8(D)(2) and 8(F)(1) of the Form MU4, this was done only following requests from the Department for additional information pertaining to your criminal history. While I have taken into account your July 20 and July 27, 2009, e-mails and your July 27, 2009, letter of explanation collectively stating your erroneous belief that the 2000 incident had involved a felony charge reduced to a misdemeanor, such explanation is inconsistent with your original response of “no” to Question 8(D)(2) of the Form MU4 and inconsistent with the charge to which you pled nolo contendere. Your correspondence also does not explain your “no” response to Question 8(F)(1) of the Form MU4 in light of your nolo contendere plea to the 1991 “Fraud – Insuff Funds Check: Obtain Goods Services Under 150 Dols” charge. Accordingly, I find that you made material misstatements in your application which prohibit me from issuing you a mortgage loan originator license.
For the reasons stated above, I am unable to issue you a mortgage loan originator license.
Very truly yours,
Howard F. Pitkin
Certified Mail No. 7007 1490 0004 3509 7352
cc: WCS Lending LLC