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OFFICE OF FINANCIAL REGULATION vs LINOMIS, CORP., AND OMMAR DIAZ, 16-000339 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-000339 Visitors: 32
Petitioner: OFFICE OF FINANCIAL REGULATION
Respondent: LINOMIS, CORP., AND OMMAR DIAZ
Judges: JOHN G. VAN LANINGHAM
Agency: Office of Financial Regulation
Locations: Miami, Florida
Filed: Jan. 21, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 11, 2016.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION In Re: Administrative Proceeding Docket Number: 58561 LINOMIS, CORP., and OMMAR DIAZ, Respondents. ADMINISTRATIVE COMPLAINT The State of Florida, Office of Financial Regulation, (“Office”) files this Administrative Complaint against LINOMIS, CORP., (“LINOMIS”), and OMMAR DIAZ (“DIAZ”) personally, (together “Respondents”), alleging: GENERAL ALLEGATIONS 1. Pursuant to sections 560.105 and 560.109, Florida Statutes, the Office is charged with administering and enforcing the provisions of Chapter 560, Florida Statutes, and conducting examinations and investigations to determine whether any provision of Chapter 560, Florida Statutes, has been violated. 2. Pursuant to section 560.114(1)(a), Florida Statutes, failure to comply with any provision of Chapter 560, Florida Statutes or related rule constitutes grounds for disciplinary action. 3. At all times material hereto, Linomis has been a Part IIT Money Transmitter licensee pursuant to Chapter 560, Florida Statutes, and specifically a “money services business,” as defined in section 560.103(22), Florida Statutes, having been issued license number FT340000519 on March 5, 2012, Linomis’ license enabled it to engage in exchanging foreign currency. Section 560.303(1), Florida Statutes. 4. Linomis’ address of record with the Office is 212 NE 1 Street, Miami, FL 33132. Case No. 58561 Administrative Complaint Page 1 of 5 5. At all times material hereto, Diaz was an affiliated party of Linomis as that term is defined in section 560.103(1), Florida Statutes. Diaz was President, 100% Owner, and Compliance Officer of Linomis throughout the time period of Linomis’ licensure. 6. On or about May 27, 2014, the Office began an examination (#52662) of Linomis’ business records and operations. 7. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range for an “A” level fine is between $1,000 and $3,500; and pursuant to Rule 69V-560.1000(151), Florida Administrative Code, the range for an “A” suspension is 3 to 10 days. 8. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range for a “B” level fine is between $3,500 and $7,500; and, pursuant to Rule 69V-560.1000(151), Florida Administrative Code, the range for a “B” suspension is 10 to 20 days. COUNT I 9. The above general allegations 1 through 8 are hereby re-alleged and incorporated by reference as if fully stated herein. 10. Pursuant to section 560.1235, Florida Statutes, a licensee must comply with all state and federal laws and rules relating to the detection and prevention of money laundering. 11. During the examination period, Respondents exchanged currency in transactions in excess of $1,000. 12. According to 31 CFR Section 1022.410(b)(3) (formerly 31 CFR Section 103.37(b)(3)), when currency is exchanged in transactions in excess of $1,000, a currency exchanger shall retain a record of each exchange, including the passport number or taxpayer identification number of the customer, unless received by mail or common carrier. Case No. 58561 Administrative Complaint Page 2 of 5 13. In the Office’s sample of 12 of Respondents’ transactions involving the exchange of currency in excess of $1,000, Respondents failed to retain either the passport number or the taxpayer identification number of the customer in 5 (41%) of the transactions, in violation of section 560.1235, Florida Statutes. 14. Pursuant to Rule 69V-560,1000(43), Florida Administrative Code, a licensee cited for failing to comply with all a state and federal laws relating to money laundering is subject to an “A” fine and an “A” license suspension. 15. Therefore, the Office is seeking an administrative fine of $1,500. COUNT I 16. The above general allegations 1 through 8 are hereby realleged and incorporated by reference as if fully stated herein. 17, According to section 560.118(2), Florida Statutes, a licensee must submit quarterly reports to the Office in a format specified by rule. Rule 69V-560.602, Florida Administrative Code provides in part: ... A completed quarterly report form shall be received by the Office no later than forty-five (45) days after the conclusion of each quarter... . 18, Respondents failed to timely file 1 out of 9 quarterly reports in the manner provided by rule, in contradiction to and in violation of section 560.118(2), Florida Statutes, and Rule 69V-560.602, Florida Administrative Code. 19, Pursuant to Rule 69V-560.1000(39), Florida Administrative Code, a licensee cited for failing to submit quarterly reports to the Office in the format specified by rule is subject to an “A” fine and license suspension. 20. Therefore, the Office is seeking an administrative fine of $1,300. Case No, 58561 Administrative Complaint Page 3 of $ WHEREFORE, Respondents, LINOMIS, CORP., and OMMAR DIAZ, personally, are hereby notified that the Office intends to enter an Order imposing an administrative fine of $2,800, and/or imposing other penalties that may be provided for in Chapter 560, Florida Statutes. NOTICE OF RIGHTS The licensee is entitled to be represented by counsel or other qualified representative. The licensee also has the right to request a hearing pursuant to sections 120.569 and 120.57, Florida Statutes. Such request must comply with Rules 28-106.2015 and 28-106.104, Florida Administrative Code. An Election of Proceeding form is attached for your convenience. Any such request must be filed as follows: By Mail or Fax OR By Hand Delivery Agency Clerk Agency Clerk Office of Financial Regulation Office of Financial Regulation P.O. Box 8050 General Counsel’s Office Tallahassee, FL 32314-8050 The Fletcher Building, Suite 118 Phone: (850) 410-9889 101 East Gaines Street Fax: (850) 410-9663 Tallahassee, FL 32399-0379 Phone: (850) 410-9889 TO PRESERVE THE RIGHT TO A HEARING, A WRITTEN RESPONSE MUST BE FILED WITH THE OFFICE OF FINANCIAL REGULATION WITHIN TWENTY-ONE (21) DAYS AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. SAID RESPONSE MUST BE RECEIVED BY THE OFFICE NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. A FAILURE TO TIMELY RESPOND IN WRITING WILL CONSTITUTE A WAIVER OF THE LICENSEE’S RIGHT TO REQUEST A HEARING AND A FINAL ORDER MAY BE ENTERED WITHOUT FURTHER NOTICE. You may not make an oral request for an administrative hearing. With regard to a written request, if you fail to follow the outlined procedure, your request may be dismissed. Any request Case No. 58561 Administrative Complaint Page 4 of 5 for an administrative proceeding received prior to the date of this notice is deemed abandoned and to be considered, must be timely renewed in compliance with the procedure set forth above. Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. DATED and SIGNED this 00-day of _e comm laear ,20L5. DREW J. BREAKSPEAR Commissioner By: (rth OK, William Oglo Assistant General Counsel Office of Financial Regulation Fla. Bar No. 874876 10] E. Gaines Street, 550T Tallahassee, FL 32399-0379 (850) 410-9687 bill. oglo@flofr.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been served by U.S. certified mail to Linomis, Corp., and Ommar Diaz, 212 NE 1 Street, Miami, FL 33132, on this Ja. dayof _Decomly. _, 20.5. Lt 1 basin ( Jefo William Oglo FL 71499 9991 7035 0830 8394 Case No. 58561 Administrative Complaint Page 5 of 5 Oglo, Bill M From: ommar francisco Diaz Sent: Wednesday, January 06, 2016 7:39 PM To: Oglo, Bill M Subject: Linomis Corp Administrative PD # 58561 Attachments: reponse to administrative .pdf; election proceeding.pdf; Record request documentos (1).pdf; Letter to OFR for Invoice.pdf; letter to Mr. Mike Shoaf October 22 2014 (1).pdf; Letter to Restrepo in re investigation.pdf Dear Mr. Oglo: Attached you will find copies of the response to the administrative proceeding of the reference. I am sending copies direct to your office by certified email. Cordially Ommar Diaz

Docket for Case No: 16-000339
Source:  Florida - Division of Administrative Hearings

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