DOB: Rigley, G. Darrell, et al. - CD-CP

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IN THE MATTER OF:

G. DARRELL RIGLEY
("Rigley")

THE RIGLEY GROUP, INC.
("Rigley Group")

TRIMARK FINANCIAL
SOLUTIONS INC
("TriMark")

    (Collectively, "Respondents")

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ORDER TO CEASE AND DESIST

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 (“Department”), conducted an investigation of the activities of Respondents, pursuant to the authority granted by Section 36a-17(a) of the Connecticut 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 July 10, 2013, the Commissioner, acting pursuant to Sections 36a-671a(b), 36a-50(c), 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued an Order to Make Restitution (“Order to Make Restitution”), Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing (collectively “Order and Notice”) against Respondents, which Order and Notice is incorporated herein by reference;
 
WHEREAS, on July 11, 2013, the Order and Notice was sent by certified mail, return receipt requested, to Rigley (Certified Mail No. 70123050000216929515); Rigley Group (Certified Mail No. 70123050000216929522); and TriMark and TriMark’s registered agent (Certified Mail Nos. 70123050000216929539 and 70123050000216930009);
 
WHEREAS, the Order and Notice provided Rigley with the opportunity for a hearing, and stated that if a hearing was not requested by Rigley within 14 days of Rigley’s receipt, the Order to Make Restitution shall remain in effect and become permanent against Rigley and the Commissioner would issue an order that Rigley cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon Rigley;
 
WHEREAS, the Order and Notice provided Rigley Group with the opportunity for a hearing, and stated that if a hearing was not requested by Rigley Group within 14 days of Rigley Group’s receipt, the Order to Make Restitution shall remain in effect and become permanent against Rigley Group and the Commissioner would issue an order that Rigley Group cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon Rigley Group;
 
WHEREAS, the Order and Notice provided TriMark with the opportunity for a hearing, and stated that if a hearing was not requested by TriMark within 14 days of TriMark’s receipt, the Commissioner would issue an order that TriMark cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon TriMark;
 
WHEREAS, on July 15, 2013, TriMark’s registered agent received the Order;
 
WHEREAS, on July 25, 2013, the Order and Notice sent to TriMark was returned to the Department marked “Return to Sender – Attempted – Not Known”;
 
WHEREAS, on August 5, 2013, the Order and Notice sent to Rigley and Rigley Group were returned to the Department marked “Return to Sender – Unable to Forward”;

WHEREAS, Section 36a-52(a) of the Connecticut General Statutes provides, in pertinent part, that “[t]he notice shall be deemed received by the person on the earlier of the date of actual receipt, or seven days after mailing or sending”;

WHEREAS, Section 36a-50(a)(1) of the Connecticut General Statutes provides, in pertinent part, that “[t]he notice shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending”;

WHEREAS, Section 36a-50(c) of the Connecticut General Statutes provides, in pertinent part, that “[t]he order shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending”;

WHEREAS, Respondents failed to request a hearing within the prescribed time period;
 
WHEREAS, the Commissioner alleged in the Order and Notice, with respect to the activity described therein, that Rigley’s and Rigley Group’s engaging in debt negotiation in this state without obtaining the required license constitutes violations of Section 36a-671(b) of the Connecticut General Statutes.  Such violations form the basis to issue an order to cease and desist against Rigley and Rigley Group pursuant to Sections 36a-671a(b) and Section 36a-52(a) of the Connecticut General Statutes, issue an order to make restitution against Rigley and Rigley Group pursuant to Sections 36a-671a(b) and Section 36a-50(c) of the Connecticut General Statutes, and impose a civil penalty against Rigley and Rigley Group pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes;
 
WHEREAS, the Commissioner further alleged in the Order and Notice, with respect to the activity described therein, that TriMark’s 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, which forms the basis to issue an order to cease and desist pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes and impose a civil penalty pursuant to Sections 36a-671a(b) and Section 36a-50(a) of the Connecticut General Statutes;
 
WHEREAS, also in the Order and Notice, the Commissioner ordered, pursuant to Section 36a-50(c) of the Connecticut General Statutes that not later than thirty (30) days from the date the Order to Make Restitution becomes permanent, Rigley and Rigley Group repay an identified Connecticut resident an identified amount, plus interest, and repay any other Connecticut resident who entered into an agreement for debt negotiation services with Rigley or Rigley Group on and after October 1, 2009, any fees paid by such resident plus interest, and provide evidence of such repayments to the Director of the Consumer Credit Division; 
 
WHEREAS, the Order to Make Restitution remains in effect and became permanent against Rigley and Rigley Group on August 1, 2013;
 
WHEREAS, no evidence of repayments by Rigley or Rigley Group has been provided to the Director;
 
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 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 8, inclusive, of Section II of the Order and 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 paragraphs 1 and 2 of Section III of the Order and 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 Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, forms the basis to issue an order to cease and desist against each Respondent, and, pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes forms the basis to impose a civil penalty upon each Respondent.
3.
The Commissioner finds that the Notice was given in compliance with Section 36a-52(a), subsections (a) and (c) of Section 36a-50 and Section 4-177 of the Connecticut General Statutes.


III.  ORDER


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

1.
G. Darrell Rigley CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes;
2.
A CIVIL PENALTY of One Hundred Thousand Dollars ($100,000) be imposed upon G. Darrell Rigley 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.
The Rigley Group, Inc., CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes;
4. A CIVIL PENALTY of One Hundred Thousand Dollars ($100,000) be imposed upon The Rigley 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. TriMark Financial Solutions Inc CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes;
6. A CIVIL PENALTY of One Hundred Thousand Dollars ($100,000) be imposed upon TriMark Financial Solutions 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; and
7. This Order shall become effective when mailed.

Dated at Hartford, Connecticut
this 7th day of October 2013.
                                                            ________/s/_________
                                                            Howard F. Pitkin
                                                            Banking Commissioner



This Order was sent by certified mail,
return receipt requested, to
Respondents on October 8, 2013.


G. Darrell Rigley                                   Certified Mail No. 70020860000215459984
20283 State Road 7, Suite 400
Boca Raton, Florida 33498

The Rigley Group, Inc.                          Certified Mail No. 70020860000215459991
20283 State Road 7, Suite 400
Boca Raton, Florida 33498

TriMark Financial Solutions Inc                Certified Mail No. 70121010000173174308
6956 East Broad Street, Suite 114
Columbus, Ohio 43213 


Registered Agents Inc.                          Certified Mail No. 70121010000173174315
Registered Agent for TriMark Financial Solutions Inc
412 N. Main Street, Suite 100
Buffalo, Wyoming 82834


Administrative Orders and Settlements