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: Nov. 20, 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.
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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.
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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.
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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
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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
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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
Issue Date |
Proceedings |
Feb. 11, 2016 |
Order Closing File. CASE CLOSED.
|
Feb. 09, 2016 |
Motion to Relinquish Jurisdiction without Prejudice filed.
|
Jan. 27, 2016 |
Order of Pre-hearing Instructions.
|
Jan. 27, 2016 |
Notice of Hearing by Video Teleconference (hearing set for April 1, 2016; 9:00 a.m.; Miami and Tallahassee, FL).
|
Jan. 27, 2016 |
Response to Initial Order filed.
|
Jan. 21, 2016 |
Initial Order.
|
Jan. 21, 2016 |
Office's Notice of Filing Certificates of Service of Discovery upon Respondents filed.
|
Jan. 21, 2016 |
Election of Proceeding filed.
|
Jan. 21, 2016 |
Administrative Complaint filed.
|
Jan. 21, 2016 |
Agency referral filed.
|