DOB: Sabrina Rafo - CO

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IN THE MATTER OF:

TRANSFER SERVICES INC.
d/b/a RESOLUTION CENTER
d/b/a UNITED LAW CENTER
d/b/a TRUSTEE SERVICES
("Transfer Services")

LAWSON FINANCIAL LLC
d/b/a HAMP SERVICES
("Lawson Financial")

SABRINA RAFO
("Rafo")

BRIAN C. SOLOMON
("Solomon")

JOHN ORTEGA
("Ortega")


    (collectively, "Respondents")

   
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CONSENT ORDER        

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 pursuant to Section 36a-17 of the Connecticut General Statutes, as amended by Public Acts 14-7 and 14-89, into the activities of Respondents 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 16, 2014, as a result of such investigation, the Commissioner, acting pursuant to Sections 36a-52(b), 36a-50(c), 36a-671a(b), 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued a Temporary Order to Cease and Desist, 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 October 17, 2014, the Order and Notice was sent by certified mail, return receipt requested, to Transfer Services, Lawson Financial, Rafo (Certified Mail Nos. 70120470000147897098, 70120470000147897180, 70140470000147897197 and 70120470000147897234), Solomon and Ortega;
 
WHEREAS, on October 22, 2014, Rafo received the Order and Notice, and no request for a hearing has been received by the Commissioner;

WHEREAS, the Commissioner alleged in the Order and Notice, with respect to the activity described therein, that each Respondent engaged in debt negotiation in this state without obtaining the required license, in violation of Section 36a-671(b) of the Connecticut General Statutes, as amended by Public Act 14-7.  Such violation 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, issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) 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, as part of the Order to Make Restitution, the Commissioner ordered, pursuant to Section 36a-50(c) of the Connecticut General Statutes, that Respondents make restitution of any sums obtained as a result of each Respondent’s violation of Section 36a-671(b) of the Connecticut General Statutes, plus interest at the legal rate set forth in Section 37-1 of the Connecticut General Statutes.  Specifically, the Commissioner ordered that not later than thirty (30) days from the date the Order to Make Restitution becomes permanent, each Respondent shall repay identified Connecticut residents identified amounts plus interest, and repay to any other Connecticut resident who entered into an agreement for debt negotiation services with any Respondent 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, 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, the Commissioner and Rafo now desire to resolve the matters alleged in the Order and Notice with respect to Rafo and set forth herein;
 
WHEREAS, Rafo voluntarily agrees to consent to the entry of the sanctions described below without admitting or denying any allegation contained in the Order and Notice and set forth herein and solely for the purpose of obviating the need for further formal administrative proceedings concerning the allegations contained in the Order and Notice and set forth herein;
 
WHEREAS, Rafo herein represents that she has not entered into any agreement for debt negotiation services with any Connecticut resident on and after October 1, 2009;
 
WHEREAS, Rafo herein represents that on or about September 2013, Rafo ceased and desisted from indirectly engaging and offering to engage in debt negotiation in this state;
 
WHEREAS, Rafo herein represents that, to the best of her knowledge and belief, the other Respondents have not engaged or offered to engage in debt negotiation in this state since September 2013;

WHEREAS, Rafo specifically assures the Commissioner that the violation contained in the Order and Notice and set forth herein shall not occur in the future;
 
WHEREAS, Rafo agrees that the Order and Notice may be used in construing the terms of this Consent Order and agrees to the language of this Consent Order;

AND WHEREAS, Rafo, through her execution of this Consent Order, voluntarily agrees to waive her procedural rights, including a right to a hearing as it pertains to the allegations contained in the Order and Notice and set forth herein, and voluntarily waives her right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.

CONSENT TO ENTRY OF SANCTIONS

WHEREAS, Rafo, through her execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:

1.
Rafo shall immediately cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, as amended;
2.No later than the date Rafo executes this Consent Order, Rafo shall pay the Connecticut residents identified in Exhibit A hereto the amount identified and repay to any other Connecticut resident who entered into an agreement for debt negotiation services with Rafo, on and after October 1, 2009, any fees paid by such Connecticut resident to Rafo plus interest.  Payments shall be made by cashier’s check, certified check or money order; and
3.Provide evidence of such payment to Carmine Costa, Director, Consumer Credit Division, Department of Banking, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, or carmine.costa@ct.gov.


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 only with respect to Rafo and the Commissioner will not take any future enforcement action against Rafo based upon the allegation contained in the Order and Notice and set forth herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Rafo 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 Rafo and reflected herein is subsequently discovered to be untrue;
3.Upon issuance of this Consent Order by the Commissioner, and so long as Rafo complies with the terms of this Consent Order, nothing in the issuance of this Consent Order shall adversely affect the ability of Rafo to apply for or obtain renewal licenses under Sections 36a-671 to 36a-671e, inclusive, of the Connecticut General Statutes, contained in Part II of Chapter 669 of the Connecticut General Statutes; and
4.This Consent Order shall become final when issued.


Issued at Hartford, Connecticut
this 24th day of December 2014.      _______/s/_________
                                                     Howard F. Pitkin
                                                     Banking Commissioner


I, Sabrina Rafo, state that I have read the foregoing Consent Order; that I know and fully understand its contents; that I agree freely and without threat or coercion of any kind to comply with the provisions of this Consent Order; and that I voluntarily agree to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.

                                            By: ________/s/___________
                                                  Sabrina Rafo
                                                  

State of:                     

County of:  __________

On this the _______ day of November 2014, before me, __________________________, the undersigned officer, personally appeared ____________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained.

In witness whereof I hereunto set my hand.


                                                       _________/s/_________
                                                       Notary Public  
                                                       Date Commission Expires:  



Administrative Orders and Settlements