DOB: McGuigan Law Office, LLC - CO

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IN THE MATTER OF:

MCGUIGAN LAW OFFICE, LLC

      ("McGuigan Law")

   
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CONSENT ORDER        

WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part XII of Chapter 669, Sections 36a-800 to 36a-810, inclusive, of the Connecticut General Statutes, “Consumer Collection Agencies”, and the regulations promulgated thereunder (Sections 36a-809-6 to 36a-809-17, inclusive, of the Regulations of Connecticut State Agencies) (“Regulations”);
 
WHEREAS, McGuigan Law is a Pennsylvania limited liability company with an office at 311 Veterans Highway, Suite 100A, Levittown, Pennsylvania.  McGuigan Law is not currently licensed to act as a consumer collection agency in Connecticut;
 
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department, conducted an investigation pursuant to Section 36a-17(a) of the Connecticut General Statutes into the activities of McGuigan Law to determine if it had violated, was violating or was about to violate the provisions of the Connecticut General Statutes or Regulations within the jurisdiction of the Commissioner;
 
WHEREAS, as a result of such investigation, the Commissioner alleges that McGuigan Law acted within this state as a consumer collection agency without a consumer collection agency license, in violation of Section 36a-801(a) of the Connecticut General Statutes;
 
WHEREAS, the Commissioner believes that such allegation would support the initiation of enforcement proceedings against McGuigan Law, including proceedings to issue a cease and desist order against McGuigan Law pursuant to Sections 36a-804(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 upon McGuigan pursuant to Sections 36a-804(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 McGuigan Law acknowledge the possible consequences of formal administrative proceedings, and McGuigan Law voluntarily agrees to consent to the entry of the sanctions described below without admitting or denying any allegation set forth herein, and solely for the purpose of obviating the need for formal administrative proceedings concerning the allegation set forth herein;
 
WHEREAS, McGuigan Law specifically assures the Commissioner that the violation alleged herein shall not occur in the future;

AND WHEREAS, McGuigan Law, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to notice and an opportunity for a hearing as it pertains to the allegation 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, McGuigan Law, 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 thirty (30) days after the date this Consent Order is executed by McGuigan Law, McGuigan  Law 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 Five Hundred Dollars ($3,500) as a civil penalty; and
2. McGuigan shall immediately cease and desist from acting as consumer collection agency in Connecticut without a license in violation of Section 36a-801(a) of the Connecticut General Statutes.

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 McGuigan Law based upon the allegation contained herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against McGuigan Law 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 McGuigan Law and reflected herein is subsequently discovered to be untrue;
3. Nothing in the issuance of this Consent Order shall adversely affect the ability of McGuigan Law to apply for or obtain a license or renewal licenses under Part XII of Chapter 669, Sections 36a-800 to 36a-810 et seq., of the Connecticut General Statutes; and
4. This Consent Order shall become final when issued.


Issued at Hartford, Connecticut
this 5th day of April 2013.                 ________/s/_________
                                                     Howard F. Pitkin
                                                     Banking Commissioner



I, Michael F. McGuigan, state on behalf of McGuigan Law Office, LLC, 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 McGuigan Law Office, LLC; that McGuigan Law Office, LLC agrees freely and without threat or coercion of any kind to comply with the sanctions entered and terms and conditions ordered herein; and that McGuigan Law Office, LLC 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:  Michael F. McGuigan
                                                        Title:  Managing Member
                                                        McGuigan Law Office, LLC
                                                       

State of:  Pennsylvania

County of:  Bucks

On this the 29th day of March 2013, before me, Michael F. McGuigan, the undersigned officer, personally appeared Before me who acknowledged himself to be the Managing Member of McGuigan Law Office, LLC, a member managed/manager managed limited liability company, and that he as such Managing Member, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the limited liability company by himself as Michael F. McGuigan for McGuigan Law Office, LLC.

In witness whereof I hereunto set my hand.


                                                       _________/s/_________
                                                       Notary Public  
                                                       Date Commission Expires:  4/9/16 


Administrative Orders and Settlements