DOB: Law Offices of Herbert Davis - CD-Repay-CP

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

IN THE MATTER OF:

CREATIVE MEDIA
CONSULTING, INC.
d/b/a DEBT RESOLUTION BAILOUT /
PLAN B CONSULTING GROUP /
CREATIVE MEDIA
CONSULTING INC.
    ("Creative Media Consulting")

LAW OFFICES OF
HERBERT DAVIS
A PROFESSIONAL
LAW CORPORATION
d/b/a PERFORMANCE DEBT
RESOLUTION
    ("Herbert Davis")

    ("collectively, "Respondents")

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

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

ORDER TO CEASE AND DESIST

ORDER OF REPAYMENT OF FEES

AND

ORDER IMPOSING CIVIL PENALTY


I.  PRELIMINARY STATEMENT

WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Sections 36a-671 to 36a-671e, inclusive, of the Connecticut General Statutes contained in Part II of Chapter 669 of the Connecticut General Statutes, “Debt Adjusters and Debt Negotiation”;
 
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation of the activities of Respondents, pursuant to the authority granted by Section 36a-17(a) of the 2012 Supplement to the General Statutes, to determine if they had violated, were violating or were about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
 
WHEREAS, on August 10, 2012, the Commissioner, acting pursuant to Section 36a-52(b) of the Connecticut General Statutes, Section 36a-671a(b) of the 2012 Supplement to the General Statutes, and Sections 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued a Temporary Order to Cease and Desist, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing (collectively “Notice”) against Respondents, which Notice is incorporated herein by reference;
 
WHEREAS, on August 10, 2012, the Notice was sent by certified mail, return receipt requested, to Creative Media Consulting (Certified Mail No. 70110470000225730133) and to Creative Media Consulting’s agent (Certified Mail No. 70110470000225730577);
 
WHEREAS, on August 10, 2012, the Notice was sent by certified mail, return receipt requested, to Herbert Davis (Certified Mail Nos. 70110470000225730140 and 70110470000225730157) and to Herbert Davis’ agent (Certified Mail No. 70110470000225730584);
 
WHEREAS, the Notice provided Respondents with the opportunity for a hearing, and stated that if a hearing was not requested by any Respondent within 14 days of each Respondent’s receipt, the Commissioner would issue an order that such Respondent cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011, may issue an order of repayment of fees, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon such Respondent;
 
WHEREAS, on September 7, 2012, Creative Media Consulting and its agent received the Notice and, on September 24, 2012, Creative Media Consulting requested a hearing, which hearing is currently scheduled for October 25, 2012;
 
WHEREAS, on August 13, 2012, Herbert Davis received the Notice sent by Certified Mail No. 70010470000225730157;
 
WHEREAS, on August 27, 2012, the Notice sent to Herbert Davis by Certified Mail No. 70110470000225730140 was returned to the Department marked “Return to Sender, Attempted – Not Known, Unable to Forward”;
 
WHEREAS, on August 27, 2012, the Notice sent to Herbert Davis’ agent by Certified Mail No. 70110470000225730584 was returned to the Department marked “Return to Sender, Attempted – Not Known, Unable to Forward”;
 
WHEREAS, no request for a hearing has been received by the Commissioner from Herbert Davis;
 
WHEREAS, the Commissioner alleged in the Notice, with respect to the activity described therein, that Herbert Davis’ offering to engage in debt negotiation in this state without obtaining the required license constitutes a violation of Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011.  Such violation forms the basis to issue an order to cease and desist against Herbert Davis pursuant to Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Section 36a-52(a) of the Connecticut General Statutes and impose a civil penalty upon Herbert Davis pursuant to Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Section 36a-50(a) of the Connecticut General Statutes;
 
WHEREAS, Section 36a-52(a) of the Connecticut General Statutes provides, in pertinent part, that “[i]f the person does not request a hearing within the time specified in the notice or fails to appear at the hearing, the commissioner shall issue an order to cease and desist against the person.  No such order shall be issued except in accordance with the provisions of chapter 54”;
 
WHEREAS, Section 36a-50(a)(2) of the Connecticut General Statutes provides, in pertinent part, that “[i]f such person does not request a hearing within the time specified in the notice or fails to appear at the hearing, the commissioner may, as the facts require, order that a civil penalty not exceeding one hundred thousand dollars per violation be imposed upon such person”;
 
WHEREAS, Section 36a-50(a)(3) of the Connecticut General Statutes provides, in pertinent part, that “[e]ach action undertaken by the commissioner under this subsection shall be in accordance with the provisions of chapter 54”;
 
AND WHEREAS, Section 36a-1-31(a) of the Regulations of Connecticut State Agencies provides, in pertinent part, that “[w]hen a party fails to request a hearing within the time specified in the notice, the allegations against the party may be deemed admitted.  Without further proceedings or notice to the party, the commissioner shall issue a final decision in accordance with section 4-180 of the Connecticut General Statutes and section 36a-1-52 of the Regulations of Connecticut State Agencies”.


II.  FINDINGS OF FACT AND CONCLUSIONS OF LAW

1.
The Commissioner finds that the matters asserted, as set forth in paragraphs 2 through 10, inclusive, of Section II of the Notice, to the extent applicable to Herbert Davis, shall constitute findings of fact within the meaning of Section 4-180(c) of the Connecticut General Statutes, and that the conclusions, as set forth in paragraph 2 of Section III of the Notice, shall constitute conclusions of law within the meaning of Section 4-180(c) of the Connecticut General Statutes and Section 36a-1-52 of the Regulations of Connecticut State Agencies.
2.
The Commissioner finds that Herbert Davis has engaged in acts or conduct which, pursuant to Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Section 36a-52(a) of the Connecticut General Statutes, forms the basis to issue an order to cease and desist against Herbert Davis, and, pursuant to Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Section 36a-50(a) of the Connecticut General Statutes, forms the basis to impose a civil penalty upon Herbert Davis.
3.
The Commissioner finds that the Notice was given in compliance with Sections 36a-52(a), 36a-50(a) and 4-177 of the Connecticut General Statutes.


III.  ORDER

Having read the record, I HEREBY ORDER, pursuant to Section 36a-671a(b) of the 2012 Supplement to the General Statutes, Sections 36a-52(a) and 36a-50(a) of the Connecticut General Statutes and Section 36a-671a(c) of the 2012 Supplement to the General Statutes, that:

1.
Law Offices of Herbert Davis, A Professional Law Corporation d/b/a Performance Debt Resolution CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011;
2.
A CIVIL PENALTY of One Hundred Thousand Dollars ($100,000) be imposed upon Law Offices of Herbert Davis, A Professional Law Corporation d/b/a Performance Debt Resolution, to be remitted to the Department of Banking by cashier’s check, certified check or money order, made payable to “Treasurer, State of Connecticut”, no later than thirty (30) days from the date this Order is mailed;
3.
Law Offices of Herbert Davis, A Professional Law Corporation d/b/a Performance Debt Resolution shall REPAY FEES to the Connecticut residents and in the amounts identified in Exhibit A attached hereto by cashier’s check, certified check or money order, no later than ten (10) days from the date this Order is mailed, and shall provide to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov, evidence of such repayments; and
4.
This Order shall become effective when mailed.
 
 

Dated at Hartford, Connecticut
this 24th day of October 2012.                  ________/s/_________
                                                            Howard F. Pitkin
                                                            Banking Commissioner



This Order was sent by certified mail,
return receipt requested, to
Respondents on October 25, 2012.


Law Offices of Herbert Davis,           Certified Mail No. 7011 0470 0002 2572 9328
A Professional Law Corporation
d/b/a Performance Debt Resolution
601 West 5th Street, Suite 800
Los Angeles, California 90071

Law Offices of Herbert Davis,            Certified Mail No. 7011 0470 0002 2572 9335
A Professional Law Corporation
d/b/a Performance Debt Resolution
18653 Ventura Boulevard, Suite 335
Tarzana, California 91356-4516

Herbert Davis, Agent                        Certified Mail No. 7011 0470 0002 2572 9342
for Herbert Davis,
A Professional Law Corporation
604 W. 5th Street, Suite 800
Los Angeles, California 90071

Nathan L. Bailey, Agent                     Certified Mail 7011 0470 0002 2572 9359
for Creative Media Consulting, Inc.
789 E. Bamberger Drive, Suite D
American Fork, Utah 84003


Administrative Orders and Settlements