DOB: Integrity Modification Co. - CD-CP

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IN THE MATTER OF:

INTEGRITY MODIFICATION CO.
d/b/a INTEGRITY MORTGAGE
MODIFICATION
("Integrity")

BARRY C. VIGODA
("Vigoda)

    (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, among others, 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 Integrity (Certified Mail No. 70121010000173171833) and to Vigoda (Certified Mail Nos. 70121010000173171864 and 70123050000216929775);

WHEREAS, the Order and Notice provided Integrity with the opportunity for a hearing, and stated that if a hearing was not requested within 14 days of its receipt, the Order to Make Restitution shall remain in effect and become permanent against Integrity and the Commissioner would issue an order that Integrity cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon Integrity;
 
WHEREAS, the Order and Notice provided Vigoda with the opportunity for a hearing, and stated that if a hearing was not requested within 14 days of its receipt, the Order to Make Restitution shall remain in effect and become permanent against Vigoda and the Commissioner would issue an order that Vigoda cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon Vigoda;
 
WHEREAS, on July 15, 2013, Vigoda received the Order and Notice sent by Certified Mail No. 70123050000216929775;
 
WHEREAS, on July 19, 2013, the Order and Notice mailed to Integrity was returned to the Department marked “Return to Sender – Refused – 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 Respondents’ engaging in debt negotiation in this state without the required license constitutes violations of Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011.  Such violations form the basis to issue an order to cease and desist against each Respondent pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, issue an order to make restitution against each Respondent pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes, and impose a civil penalty against each Respondent 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 Integrity’s offering to engage in debt negotiation in this state without the required license constitutes a violation of Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011, 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 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, Respondents shall repay an identified Connecticut resident a specified amount plus interest, and repay any other Connecticut resident who entered into an agreement for debt negotiation services with Integrity on and after October 1, 2009, any fees paid to Integrity or Vigoda 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 Vigoda on July 30, 2013;
 
WHEREAS, the Order to Make Restitution remains in effect and became permanent against Integrity on August 2, 2013;
 
WHEREAS, neither Vigoda nor Integrity has provided evidence of repayments of fees 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 pertaining to Integrity and Vigoda, as set forth in paragraphs 1 through 5, 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, as amended by Public Act 13-279, and that the conclusions pertaining to Integrity and Vigoda, 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, as amended, 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 Order and 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.
Integrity Modification Co. d/b/a Integrity Mortgage Modification CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes in effect prior to October 1, 2011;
2.
Barry C. Vigoda 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 Integrity Modification Co. d/b/a Integrity Mortgage Modification 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 Barry C. Vigoda 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
5.
This Order shall become effective when mailed.

Dated at Hartford, Connecticut
this 17th day of December 2013.               ________/s/_________
                                                            Howard F. Pitkin
                                                            Banking Commissioner



This Order was sent by certified mail,
return receipt requested, to
Respondents on December 18, 2013.


Integrity Modification Co.                          Certified Mail No. 70121010000172649593
d/b/a Integrity Mortgage Modification
37 Plaistow Road, Suite 7-123
Plaistow, NH 03865

Barry C. Vigoda                                        Certified Mail No. 70121010000172649609
27 Bayberry Drive
Atkinson, NH 03811

Barry C. Vigoda                                        Certified Mail No. 70121010000172649616
1802 North Carson Street, Suite 108
Carson City, NV 89701

 


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