DOB: Christopher Rojas and Lauren Rojas - CD-Repay-CP

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IN THE MATTER OF:

CHRISTOPHER ROJAS
d/b/a LEGACY HOLDING
GROUP, INC.
("Christopher Rojas")

LAUREN ROJAS
d/b/a LEGACY HOLDING
GROUP, INC.
("Lauren Rojas")

    (collectively, "Respondents")

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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, as amended by Public Act 12-96, 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 October 11, 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, Section 36a-52(a) of the Connecticut General Statutes and Section 36a-50(a) of the Connecticut General Statutes, as amended by Public Act 12-96, 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 October 11, 2012, the Notice was sent by certified mail, return receipt requested, to Christopher Rojas (Certified Mail Nos. 70112000000247319933 and 70112000000247319940); and to Lauren Rojas (Certified Mail Nos. 70112000000247319957 and 70112000000247319964);

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 October 22, 2012, the Notices sent to Christopher Rojas were returned to the Department each marked “Forward Time Expired – Return to Sender”;

WHEREAS,
on October 22, 2012, the Notices sent to Lauren Rojas were returned to the Department each marked “Forward Time Expired – Return to Sender”;

WHEREAS, on October 22, 2012, copies of the Notice were sent by certified mail, return receipt requested, to Christopher Rojas (Certified Mail No. 70110470000225729304); and to Lauren Rojas (Certified Mail No. 70110470000225729311);

WHEREAS, on October 24, 2012, Christopher Rojas and Lauren Rojas each received the Notice, and no request for a hearing has been received by the Commissioner;

WHEREAS, the Commissioner alleged in the Notice, with respect to the activity described therein, that Respondents’ engaging 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 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 pursuant to Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Section 36a-50(a) of the Connecticut General Statutes, as amended;

WHEREAS, also in the Notice, the Commissioner found that the fees charged by Respondents for debt negotiation services were excessive and ordered, pursuant to Section 36a-671a(c) of the 2012 Supplement to the General Statutes and Section 36a-52(b) of the Connecticut General Statutes, that not later than 10 days from Respondents’ receipt of the Notice, Respondents provide repayment of fees to a Connecticut resident in an amount identified in Exhibit A to the Notice, and among other things, provide evidence of such repayment to the Director of the Consumer Credit Division;
 
WHEREAS, no evidence of such repayment was provided to the Director of the Consumer Credit Division;
 
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, as amended, 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, as amended, 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 1 through 6, inclusive, of Section II of the Notice, 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 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 Respondents have 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, 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, as amended, forms the basis to impose a civil penalty.
3.
The Commissioner finds that the payment of fees by the Connecticut resident identified in Exhibit A to the Notice to be excessive, upon consideration of the Schedule of Maximum Fees issued by the Commissioner, the debt negotiation services contract was not successfully completed and the Connecticut resident received no benefit from such contract.
4. The Commissioner finds that the Notice was given in compliance with Section 36a-52(a) of the Connecticut General Statutes, Section 36a-50(a) of the Connecticut General Statutes, as amended, and Section 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, Section 36a-52(a) of the Connecticut General Statutes, Section 36a-50(a) of the Connecticut General Statutes, as amended, and Section 36a-671a(c) of the 2012 Supplement to the General Statutes, that:

1.
Christopher Rojas d/b/a Legacy Holding Group, Inc., CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011;
2.
Lauren Rojas d/b/a Legacy Holding Group, Inc., CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011;
3.
A CIVIL PENALTY of One Hundred Thousand Dollars ($100,000) be imposed upon Christopher Rojas d/b/a Legacy Holding Group, Inc., 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;
4. A CIVIL PENALTY of One Hundred Thousand Dollars ($100,000) be imposed upon Lauren Rojas d/b/a Legacy Holding Group, Inc., 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;
5. Christopher Rojas d/b/a Legacy Holding Group, Inc., shall REPAY FEES to the Connecticut resident 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 repayment;
6. Lauren Rojas d/b/a Legacy Holding Group, Inc., shall REPAY FEES to the Connecticut resident 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 repayment; and
7.
This Order shall become effective when mailed.

Dated at Hartford, Connecticut
this 2nd day of January 2013.                    ________/s/_________
                                                            Howard F. Pitkin
                                                            Banking Commissioner



This Order was sent by certified mail,
return receipt requested, to
Respondents on January 3, 2013.

Christopher Rojas                                    Certified Mail No. 70110470000225729519
d/b/a Legacy Holding Group, Inc.
1117 Desert Lane #2178
Las Vegas, NV 89102-2305

Lauren Rojas                                           Certified Mail No. 70110470000225729526
d/b/a Legacy Holding Group, Inc.
1117 Desert Lane #2178
Las Vegas, NV 89102-2305


Administrative Orders and Settlements