DOB: Globo Envios - CO

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IN THE MATTER OF:

GLOBO ENVIOS, INC.

    ("Globo Envios")

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CONSENT ORDER        

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 (“Regulations”);
 
WHEREAS, Globo Envios a is Connecticut corporation that has been licensed to operate a general facility at 72 West Avenue, Norwalk, Connecticut, since June 11, 2010;
 
WHEREAS, on May 7, 2012, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an examination pursuant to Section 36a-17(a) of the 2012 Supplement to the General Statutes into the activities of Globo Envios to determine if it had violated, was violating or was about to violate the provisions of the Connecticut General Statutes and Regulations within the jurisdiction of the Commissioner;
 
WHEREAS, as a result of such examination, the Commissioner alleges that Globo Envios, during the period of at least February 4 through June 9, 2010, engaged in the business of cashing checks, drafts or money orders for consideration without licensure for a general facility at 72 West Avenue, Norwalk, Connecticut, in violation of Section 36a-581(a) of the then applicable Connecticut General Statutes;
 
WHEREAS, as a result of such examination, the Commissioner further alleges that from February to December 2010, Globo Envios charged a sum exceeding two percent of the item for cashing checks, drafts or money orders drawn on a depository institution, in violation of Section 36a-585 of the then applicable Connecticut General Statutes and Section 36a-585-1 of the Regulations;
 
WHEREAS, the Commissioner believes that such allegations would support initiation of enforcement proceedings against Globo Envios, including proceedings to revoke Globo Envios’ general facility license pursuant to Section 36a-587(a)(3) of the Connecticut General Statutes and subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, issue a cease and desist order against Globo Envios 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 Globo Envios pursuant to Sections 36a-587(b) and 36a-50(a) of the Connecticut General Statutes;
 
WHEREAS, initiation of such enforcement proceedings would constitute a “contested case” within the meaning of Section 4-166(2) 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 consent order, unless precluded by law;
 
WHEREAS, both the Commissioner and Globo Envios acknowledge the possible consequences of formal administrative proceedings, and Globo Envios voluntarily agrees to consent to the entry of the sanctions described below without admitting or denying any allegation contained herein and solely for the purpose of obviating the need for further formal administrative proceedings concerning the allegations contained herein;
 
WHEREAS, Globo Envios herein represents to the Commissioner that it has not engaged in the business of cashing checks, drafts or money orders for consideration without licensure for a general facility or limited facility since June 11, 2010;
 
WHEREAS, Globo Envios herein represents to the Commissioner that it has not charged a sum exceeding two percent of the item for cashing checks, drafts or money orders drawn on a depository institution since December 2010;
 
WHEREAS, Globo Envios specifically assures the Commissioner that the violations described herein shall not occur in the future;
 
AND WHEREAS, Globo Envios, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to notice and an opportunity for hearing as it pertains to the allegations set forth herein, and voluntarily waives its right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.


CONSENT TO ENTRY OF SANCTIONS 

WHEREAS, Globo Envios, through its execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:

1.
No later than the date this Consent Order is executed by Globo Envios, Globo Envios 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 Ten Thousand Dollars ($10,000) as a civil penalty;
2.
Globo Envios shall not engage in the business of cashing checks, drafts or money orders for consideration, except as an incident to the conduct of any other lawful business where not more than fifty cents ($.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 additional location where such business is to be conducted; and
3.
Globo Envios shall not charge a sum exceeding two percent of the item for cashing checks, drafts or money orders drawn on a depository institution.
 

CONSENT ORDER

NOW THEREFORE, the Commissioner enters the following:

1. The Sanctions set forth above be and are hereby entered;
2. Upon issuance of this Consent Order by the Commissioner, this matter will be resolved and the Commissioner will not take any future enforcement action against Globo Envios based upon the allegations contained herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Globo Envios based upon a violation of this Consent Order or the matters underlying its entry, if the Commissioner determines that compliance with the terms herein is not being observed or if any representation made by Globo Envios and reflected herein is subsequently discovered to be untrue;
3. Nothing in the issuance of this Consent Order shall adversely affect the ability of Globo Envios to apply for or obtain a license or renewal license for a general facility or limited facility under Part IV of Chapter 668, Sections 36a-580, et seq., of the Connecticut General Statutes, provided all applicable legal requirements for such license are satisfied; and
4.
This Consent Order shall become final when issued.
 

Issued at Hartford, Connecticut
this 23rd day of August 2012.            ________/s/_________
                                                     Howard F. Pitkin
                                                     Banking Commissioner



I, Wilson Cano, state on behalf of Globo Envios, Inc., that I have read the foregoing Consent Order; that I know and fully understand its contents; that I am authorized to execute this Consent Order on behalf of Globo Envios, Inc.; that Globo Envios, Inc., agrees freely and without threat or coercion of any kind to comply with the sanctions entered and terms and conditions ordered herein; and that Globo Envios, Inc., voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.                                        


                                            By:  ________/s/_________
                                                  Name:  Wilson Cano
                                                  Title:  Manager
                                                  Globo Envios, Inc.

State of:  Connecticut

County of:  Fairfield


On this the 16th day of August 2012, before me, Nathalia Gonzalez, the undersigned officer, personally appeared Wilson Cano who acknowledged himself/herself to be the Manager of Globo Envios, Inc., a corporation, and that he/she as such Manager, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself/herself as Manager.

In witness whereof I hereunto set my hand.


                                         ________/s/_________
                                         Notary Public
                                         Date Commission Expires:  07-31-2016 


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