STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION ve ecaes Administrative Proceeding Docket | Number: 64486 G&W GROUP, INC., Pid 2 and LARISSA DECASTRO, personally = and FATIMA DECASTRO, personally ae as Respondents. Be ne niet Wd GI Yat 9100 Sonya} ADMINISTRATIVE COMPLAINT The State of Florida, Office of Financial Regulation, (“Office”) files this Administrative Complaint against G&W GROUP, INC., and Larissa Decastro, personally, and Fatima Decastro, personally (collectively “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. Atall times material, Respondent G&W Group Inc., is or has been a: a. Part Ill 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 FT340000546; and, ATTACHMENT Page 1 of 9 I b. “Check casher,” as defined in section 560.103(6), Florida Statutes. 4. At all times material, Respondents’ address of record is and has been 1217 Airport Road, Naples, FL 34104. 5. At all times material, Larissa and Fatima Decastro were the owners of G&W Group, Inc. . 6. The Office conducted an examination (#60797) of Respondents’ business records and operations for the time period of May 1, 2013 through May 31, 2015, (“examination period”). 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. 9. At all times material, Respondent conducted money services business as a check casher. COUNT I 10. The above general allegations 1 through 9 are hereby re-alleged and incorporated by reference as if fully stated herein. 11. As part of the examination, the Office reviewed or attempted to review records of payment instruments exceeding $1,000 that were presented to Respondent for negotiation and payment during the examination period. 12. Respondent failed to maintain an acceptable form of customer identification used when cashing payment instruments exceeding $1,000. Page 2 of 9 13. Pursuant to section 560.310(2)(b), Florida Statutes, a licensee is required to collect and maintain a copy of the customer’s personal identification that bears a photograph of the customer, when cashing checks over $1,000. 14. In contradiction to and violation of sections 560.114(1)(a) and 560.310(2)(b), Florida Statutes, and Rules 69V-560.1000 and 69V-560.704(4)(c), Florida Administrative Code, Respondent unlawfully failed to maintain personal identification records during the examination period. 15. Therefore, the Office is seeking an administrative fine of $4,900 and a 6-day suspension. COUNT IT 16. The above general allegations 1 through 9 are hereby re-alleged and incorporated by reference as if fully stated herein. 17. The Office determined that the Licensee failed to endorse a payment instrument that was accepted or cashed by the Licensee using the legal name under which the Licensee is licensed. 18. More specifically, the Licensee failed to endorse the checks before making a copy of each check. 19. In contradiction to and violation of section 560.309(2), Florida Statutes, and Rule 69V-560.1000(84), Florida Administrative Code, Respondents unlawfully failed to endorse a payment instrument that is accepted or cashed by the licensee using the legal name under which the licensee is licensed. 20. Therefore, the Office is seeking an administrative fine of $3,700 and a 10-day suspension. Page 3 of 9 COUNT 21. The above general allegations 1 through 9 are hereby re-alleged and incorporated by reference as if fully stated herein. 22. Form OFR-560-01, Application for Licensure as a Money Services Business, which is incorporated by reference into Rule 69V-560.1012, Florida Administrative Code, requires renewal applicants to list any changes in information relating to all bank accounts through which registered activities are or will be conducted. 23. Respondents failed to disclose the opening and closing of two (2) business checking accounts. 24, Pursuant to section 560.126(2), Florida Statutes, and Rules 69V-560.1012, and 69V-560.102(5), Florida Administrative Code, licensees are required to report any change in the information contained in its application form within 30 days of a change. 25. Pursuant to Rule 69V-560.1000(52), Florida Administrative Code, a licensee cited for the first time for failing to report changes in bank account information within 30 days is subject to an “A” fine. 26. Therefore, the Office is seeking an administrative fine of $2,000. COUNT IV 27. The above general allegations 1 through 9 are hereby re-alleged and incorporated by reference as if fully stated herein. 28. The Office determined that Respondents failed to file an accurate quarterly report for the period ending March 30, 2015. 29. Respondents’ failure to file an accurate quarterly report is a violation of section 560.118(2), Florida Statutes, and Rule 69V-560.602, Florida Administrative Code. Page 4 of 9 30. Pursuant to Rule 69V-560.1000(39), Florida Administrative Code, a licensee cited for the first time for failure to submit accurate quarterly reports is subject to an “A” fine, and an “A” suspension. 31. Therefore, the Office is seeking an administrative fine of $1,300 and a 4 day suspension. WHEREFORE, Respondents, G&W GROUP, INC., and Larissa Decastro, personally, and Fatima Decastro, personally, are hereby notified that the Office intends to enter an Order imposing an administrative fine of $11,900 and a 34-day suspension. 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 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) 410-9987 101 East Gaines Street Fax: (850) 410-9914 Tallahassee, FL 32399-0379 Phone: (850) 410-9987 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 Page 5 of 9 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 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_ 24 dayof_ March , 20 L6. DREW J. BREAKSPEAR Commissioner By: Z Pitan fe— Linje Rivérs Assistant General Counsel Office of Financial Regulation Fla. Bar No. 79063 101 E. Gaines Street, 550T Tallahassee, FL 32399-0379 (850) 410-9887 Linje.rivers@flofr.com Page 6 of 9 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 G& W GROUP, INC., and Larissa Decastro, personally, and Fatima Decastro, personally at 1217 Airport Road, Naples, FL 34104, on this 24 dayof Mowhk _,20 Lb. Linje Lip | Page 7 of 9 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION OFR Case No: 64486 : G&W GROUP, INC. LARISSA DECASTRO FATIMA DECASTRO 1217 AIRPORT ROAD NAPLES, FL 34104 ELECTION OF PROCEEDING 1 have received and read the Administrative Complaint, including the Notice of Rights, filed by the Office of Financial Regulation (“Office”) regarding the above-referenced licensee. As the licensee or the authorized representative of the licensee, | am requesting disposition as indicated below. (CHECK A BOX FOR NUMBER 1, 2, OR 3) 1. [ ] 1 do not dispute any of the Office’s factual allegations and application of the law as stated in the Administrative Complaint. Therefore, | do not request a hearing in this matter. | understand that upon my waiving the right to a hearing, the Office may enter a final order imposing a penalty as set forth in the Administrative Complaint. 2. 1 do not dispute any of the Office’s factual allegations but dispute the Office’s application of the law to those factual allegations, and request disposition of this matter pursuant to Section 120.57(2), Florida Statutes. | request to (CHECK ONE OF THE FOLLOWING OPTIONS): [ ] Submit a written statement with supporting documentation to a Hearing Officer in lieu of a hearing; OR [ ] Inperson, attend a hearing conducted by a Hearing Officer; OR [ ] By telephone conference call, attend a hearing conducted by a Hearing Officer. 3. [ ] 1 do dispute one or more of the Office’s factual allegations. | request a section 120.57(1), Florida Statutes, formal hearing before the Division of Administrative Hearings. Pursuant to the requirements of Rule 28- 106.2015(5)(c), Florida Administrative Code, | am attaching the material facts that | disoute (SEE PAGE 2). TO PRESERVE THE RIGHT TO A HEARING, A RESPONSE MUST BE FILED WITH THE OFFICE OF FINANCIAL REGULATION WITHIN TWENTY-ONE (21) DAYS OF THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE 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. The address for filing is: P.O. Box 8050, Tallahassee, Florida 32314-8050. If hand delivery is preferred, the physical address is: Generat Counsel's Office, The Fletcher Building, Suite 118, 101 £. Gaines Street, Tallahassee, FL 32399, Signature of Licensee or Mailing Address Authorized Representative of Licensee Printed Name & Title City State Zip Date E-mail Address Telephone Number Fax Number Date Administrative Complaint was Received: Page 8 of 9 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION OFR Case No: 64486 G&W GROUP, INC. LARISSA DECASTRO FATIMA DECASTRO 1217 AIRPORT ROAD NAPLES, FL 34104 **YOU ARE TO COMPLETE THE FOLLOWING ONLY IF YOU HAVE CHECKED NUMBER 3 ON THE PRECEDING PAGE. If you need more space, you may provide additional pages. As the licensee or the authorized representative of the licensee, | am disputing the following material facts: Signature of Licensee or Authorized Representative Date Page 9 of 9

Docket for Case No: 16-002082