STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION f a lp- 41b7 JEMA ACCOUNTING, PAYROLL, TAXES & | Administrative Procegging MORE CORP., and JESSENIA N. REYES, Number: 66353 z é Respondents. n2s| Hd 22 Te 9102 a ADMINISTRATIVE COMPLAINT The State of Florida, Office of Financial Regulation, (“Office”) files this Administrative Complaint against JEMA Accounting, Payroll, Taxes & More Corp. (“JEMA”), and Jessenia N. Reyes, (“Reyes”), (collectively “Respondents”), and alleges: 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, JEMA is or has been a money services business licensee pursuant to Chapter 560, Florida Statutes, and specifically a “check casher,” as defined irTrActiate Page 1 of 9 Acne —_iI— in section 560.103(6), Florida Statutes, having been issued license number FT340000523. Reyes is an “affiliated party,” as that term is defined in 560.103(1), Florida Statutes. 4. At all times material, Respondents conducted a money services business. At all times material, Respondents’ address of record is and has been 4316 Lee Blvd., Unit 6, Lehigh Acres, FL 33971. 5. As a matter of course, the Office conducts examinations of licensees to determine whether a person has violated any provision of Chapter 560 and related rules, or of any practice or conduct that creates the likelihood of material loss, insolvency, or dissipation of the assets of a money services business, or otherwise materially prejudices the interests of their customers. Section 560.109, Florida Statutes. 6. Beginning May 8, 2015 through May 18, 2016, the Office conducted an examination of Respondents’ business records and operations, examination no. 61607. 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-1000(151), Florida Administrative Code, the range for an “A” level 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-1000(151), Florida Administrative Code, the range for a “B” level suspension is 10 to 20 days. COUNTI 9. The above general allegations 1 through 8 are hereby re-alleged and incorporated by reference as though fully stated herein. 10. Section 560.309(3), Florida Statutes, requires a licensee to maintain and deposit payment instruments into its own commercial account at a federally insured financial institution. Page 2 of 9 11. _ In violation of section 560.309(3), Florida Statutes, Respondents failed to deposit payment instruments into its own commercial account. 12. Pursuant to Rule 69V-560.1000(85), Florida Administrative Code, a licensee cited for the first time for failing to comply with section 560.309(3), Florida Statutes, is subject to a “B” level fine. 13. Therefore, the Office is seeking an administrative fine of $7,500. COUNT IL 14. The above general allegations 1 through 8 are hereby re-alleged and incorporated by reference as though fully stated herein. 15. Section 310(2)(c), Florida Statutes, and Rule 69V-560.704(4)(a), Florida Administrative Code, require a licensee to affix an original thumbprint of the conductor to the original of each payment instrument accepted which is taken at the time of acceptance. 16. In violation of section 310(2)(c), Florida Statutes, and Rule 69V-560.704(4)(a), Florida Administrative Code, Respondents failed to maintain or affix a thumbprint of the conductor to the original payment instrument taken at the time of acceptance. 17. Pursuant to Rule 69V-560.1000(97), Florida Administrative Code, a licensee cited for the first time for failing to comply with section 560.310(2)(c), Florida Statutes, is subject to a “B” level fine and a “B” ievel suspension. 18. Therefore, the Office is seeking an administrative fine of $7,200 and a 19-day license suspension. COUNT II 19. The above general allegations 1 through 8 are hereby re-alleged and incorporated by reference as though fully stated herein. Page 3 of 9 20. Section 560.309(2), Florida Statutes, and Rule 69V-560.704(2)(a), Florida Administrative Code, require a licensee to endorse payment instruments that are accepted or cashed by the licensee at the time of acceptance using the legal name under which the licensee is licensed. 21. In violation of section 560.309(2), Florida Statutes, and Rule 69V-560.704(2)(a), Florida Administrative Code, Respondents failed to endorse payment instruments using the legal name under which Respondent is licensed. 22. Pursuant to Rule 69V-560.1000(84), Florida Administrative Code, a licensee cited for the first time for failing to comply with section 560.309(2), Florida Statutes, is subject to a “B” level fine and a “B” level suspension. 23. Therefore, the Office is seeking an administrative fine of $7,500, and a 20-day suspension of Respondents’ license. COUNT IV 24. The above general allegations 1 through 8 are hereby re-alleged and incorporated ’ by reference as though fully stated herein. 25. — If the payment instrument exceeds $1,000, section 560.310(2)(b), Florida Statutes, requires that each licensee take and maintain a legible copy of acceptable personal identification that bears a photograph of the customer that is used by the customer and presented as identification. 26. In violation of section 560.310(2)(b), Florida Statutes, Respondents failed to take and maintain a legible copy of acceptable identification of each customer as presented by the customer for payment instruments exceeding $1,000. Page 4 of 9 27. Pursuant to Rule 69V-560.1000(96), Florida Administrative Code, a licensee cited for the first time for failing to comply with section 560.310(2)(b), Florida Statutes, is subject to an “B” level fine and a “B” level license suspension. 28. Therefore the Office is seeking an administrative fine of $4,300, and a 12-day license suspension. COUNT V The above general allegations 1 through 8 are hereby re-alleged and incorporated by reference as though fully stated herein. 29. Section 560.126(2), Florida Statutes, requires that each licensee report to the Office a change in application or renewal information within 30 days of the date after a change is effective. 30. Respondents changed or opened a new bank account used in the check cashing business, which is information required as part of a licensee’s application for, or renewal of, its license. 31. In violation of section 560.126(2), Florida Statutes, Respondents failed to report opening a bank account within 30 days of the date Respondent opened a bank account. 32. Pursuant to Rule 69V-560.1000(52), Florida Administrative Code, a licensee cited for the first time for failing to comply with section 560.126(2), Florida Statutes, is subject to an “A” level fine. 33. Therefore the Office is seeking an administrative fine of $1,000. WHEREFORE, Respondents JEMA Accounting, Payroll, Taxes & More Corp. and Jessenia N. Reyes are hereby notified that the Office intends to enter an Order imposing an administrative fine of $27,500, and a license suspension of 51 days. Page 5 of 9 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 §§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 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. Page 6 of 9 Mediation of this matter pursuant to §120.573, Florida Statutes, is not available. “th DATED and SIGNED this_!3-~ day of June, 2016. DREW J. BREAKSPEAR Commissioner By: 8 . Fransen Assistant General Counsel Office of Financial Regulation Fla. Bar No. 0994571 200 E. Gaines Street Tallahassee, FL 32399-0379 850.410.9554 scott.fransen@flofr.com CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been served by U.S. certified mail to JEMA ACCOUNTING, PAYROLL, TAXES & MORE CORP. and JESSENIA N. REYES, 4316 Lee Blvd., Unit 6, Lehigh th Acres, FL 33971, this_! 9 day of June, 2016. {R. Fransen Sh 7159 441 7035 0831 2884 Page 7 of 9 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION Admin. Proc. #66353 JEMA Acctg. ELECTION OF PROCEEDING Thave 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, I am requesting disposition as indicated below. (CHECK A BOX FOR NUMBER 1, 2, OR 3) 1. [ ] Ido not dispute any of the Office’s factual allegations and application of the law. Therefore, I do not request a hearing. I understand that upon my waiving the right to a hearing, the Office may enter a final order adopting the Administrative Complaint and imposing the sanctions authorized by Florida law, including, but not limited to, suspending or revoking the license, as appropriate. 2. Ido not dispute any of the Office’s factual allegations but dispute the Office’s application of the Jaw. I 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 [ ] Im person, attend a hearing conducted by a Hearing Officer; OR [ ] By telephone conference call, attend a hearing conducted by a Hearing Officer. 3. [ ] Ido dispute one or more of the Office’s factual allegations. I request a formal section 120.57(1), Florida Statutes hearing before the Division of Administrative Hearings. Pursuant to the requirements of Rule 28-106.2015(5)(c), Florida Administrative Code, Iam attaching the material facts that I dispute (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: Genera] Counsel’s Office, The Fletcher Building, Suite 118, 101 E. Gaines Street, Tallahassee, FL 32399. Oo . Mailing Address: Signature of Licensee or Authorized Representative Printed Name & Title City State Zip Email: Tel. number: Fax number: Date Administrative Complaint Received: Page 8 of 9 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION Admin. Proc. #66353 JEMA Acctg, **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, I am disputing the following material facts: Signature of Licensee or Authorized Representative Date Page 9 of 9 bZ6€€ 14 ‘SSYOV HOIHS1 9 LINN “GA1a 337 9Ler SHA3uY ‘N VINASSar GNV “dO SNOW 2 SSXVL ‘TNOYAVd ‘ONLLNNODOV Var GSLSANOBY SOIAUAS NYA bePe TERO SEQ¢ Tbhbb bbTé Tb OM) TST ee a a ae Pen eR

Docket for Case No: 16-004167