‘ THE TREASURER OF THE STATE OF FLORIDA Aue Cy Be DEPARTMENT OF INSURANCE SD, 7 TOM GALLAGHER Treasurer and 2p“ Insurance Comm issioner Dockatas bay IN THE MATTER OF: CRAIG STEVEN SCHLISSEL ; CASE NO.: 41328-01-AG Ob350ePL ADMINISTRATIVE COMPLAINT TO: CRAIG STEVEN SCHLISSEL 440 Old Hook Road 2™ Floor Emerson, NJ 07630 CRAIG STEVEN SCHLISSEL 11391 Seagrass Drive Boca Raton, Florida 33498 You, CRAIG STEVEN SCHLISSEL, are hereby notified that the Insurance Commissioner of the State of Florida has caused to be made an investigation of your activities while licensed as an insurance agent in this state, as a result of which it is alleged: - GENERAL ALLEGATIONS are curren y licensed in this state as a non-resident life and variable annuity agent: non- resident life, health and variable annuity agent; and non-resident life and health insurance agent. 1. Pursuant to Chapter 626, Florida Statutes, you, CRAIG STEVEN SCHLISSEL, OO PRE 3 ‘National Life Insurance Company i in 1 the: ‘amount of $846 purportedly to be drawn o ona 2. At all times pertinent to the dates and occurrences referred to herein, you, CRAIG STEVEN SCHLISSEL, were licensed in this state as a non-resident insurance agent. 3. At all times pertinent to the dates and occurrences referred to herein, and , | pursuant to Section 626.561(1), Florida Statutes, all funds received by you, CRAIG STEVEN SCHLISSEL, from insurance companies were trust funds received in a fiduciary capacity and were to be accounted for an paid over to an insurer, insured, or other person entitled thereto in the regular course of business. COUNT 4. The above general allegations are hereby realleged and fully incorporated herein by reference. 5. On or about July 20, 2000, you, CRAIG STEVEN SCHLISSEL, submitted to American National Life Insurance Company a fraudulent application for a health insurance policy with Cherry Carswell of Hollywood, Florida, as the purported applicant. 6. You, CRAIG STEVEN SCHLISSEL, without the knowledge or informed consent of Cherry Carswell, submitted the application to American National Life Insurance Company with the false signature of Cherry Carswell fraudulently affixed thereto. 7. You, CRAIG STEVEN SCHLISSEL, » Submitted a fraudulent: check to American 1g | account, with the Cherry Carswell fraudulently affixed thereto. This false ‘and fraudulent check was epee at insurance. [Section 626.611(7), Florida Statutes]; submitted by you, CRAIG STEVEN SCHLISSEL, in payment of the first month’s premium on the health insurance policy. 8. You, CRAIG STEVEN SCHLISSEL, submitted the false and fraudulent application and premium check to an insurer for the purpose of receiving a commission that you were not entitled to, but which you did receive. As a result of your actions, American National Life Insurance Company has suffered a significant financial loss. 9. Demand has been made for your return of the unearned commission, but you have refused same. | IT IS THEREFORE CHARGED that you, CRAIG STEVEN SCHLISSEL, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and appointments as an insurance agent: (a) All premiums, return premiums, or other funds belonging to insurers or to others and received by an agent in transactions under his license are trust funds received by the licensee in a fiduciary capacity. The licensee is the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person so entitled. (b) Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such policy or contract, done either in person or by any form — 26.611(5), Florida Statutes] age in the business of prem e ca (d) demonstrated lack of reasonably adequate knowledge and_ technical competence to engage in the transactions authorized by the license or permit. [Section 626.611(8), Florida Statutes]; (e) Fraudulent or dishonest practices in the conduct of business under the license or permit. [Section 626.61 1(9), Florida Statutes]; (f) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct -of business under the license or appointment. [Section 626.611(10), Florida Statutes}; (g) Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of this code. [Section 626.611(13), Florida Statutes]; (h) Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license « or permit. [Section 626. 621(2). Florida Statutes]; (i) Knowingly making a false and fraudulent written or oral statement or representation on, or relative to, an application or negotiation for an insurance policy for the Purpose of obtaining a fee, commission, money, or other benefi it from any insurer, agent, broker, or ‘individual. [Section 626. 9541(1)(k)1, Florida Statutes) COUNT II 9. The above general allegations are hereby realleged and fully incorporated herein by reference. 10. On or about June 21, 2000, you, CRAIG STEVEN SCHLISSEL, submitted to American ‘National, Lite ‘Insurance Company, a fraudulent application for” a health | Wreooteee pope BA eee eb oop rarnnceeenanint sth tS ARERR RIE es aera ee amse ates es insurance policy with Sylvia and Fernando Diaz of Hollywood, Florida, as the purported applicant. ; 11. You, CRAIG STEVEN SCHLISSEL, without the knowledge or informed consent of Sylvia and Fernando Diaz, submitted the application to American National Life Insurance Company with the false signatures of Sylvia and Fernando Diaz fraudulently affixed thereto. 12. You, CRAIG STEVEN SCHLISSEL, submitted a fraudulent check to American National Life Insurance Company in the amount of $ 901 purportedly to be drawn on a non-existent First Union Bank checking account, with the false signature of Sylvia and Fernando Diaz fraudulently affixed thereto. This false and fraudulent check was submitted by you, CRAIG STEVEN SCHLISSEL, in payment of the first month’s premium on the health insurance policy. 13. You, CRAIG STEVEN SCHLISSEL, submitted this false and fraudulent application and premium check to an insurer for the purpose of receiving a commission that you were not entitled to, but which you did receive. As a result of your actions, American National Life Insurance Company has suffered a significant financial loss. 14. ‘Demand has t been made for your return of the unearned commission, but you have refused same. IT IS THEREFORE CHARGED that you, CRAIG STEVEN SCHLISSEL, have _ violated or are accountable under the following provisions of the Florida Insurance Code ae ! and Rules of the Department of Insurance which constitute grounds for the ° suspension or revocation of your licenses and appointments as an insurance agent: Scere meet a ER ERS EU A Sections 626.561; 626.611(5), 626.61 1(7), 626.61 1(8), 626.611(9), 626.611 (10), 626.611(13), 626.621(2), and 626.954 1(1)(k)1, Florida Statutes which are set forth specifically in Count | above and are hereby realleged and fully incorporated herein by reference. IT IS THEREFORE CHARGED that you, CRAIG STEVEN SCHLISSEL, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and appointments as an insurance'agent: Sections 626.611(5),626.611(7), 626.61 1(8), 626.611(9), 626.611(13), 626.621(2), and 626.9541(1)(k)1, Florida Statutes which are set forth specifically in Count | above and are hereby realleged and fully incorporated herein by reference. WHEREFORE, you, CRAIG STEVEN SCHLISSEL, are hereby notified that the treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your licenses and appointments as an insurance agent or to impose such penalties as may be provided under the provisions of Sections 626. 611, 626. 621, 626. 681, 626. 691, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida ‘ Statutes as set out in this Administrative Complaint. You are further notified that any order entered in this case revoking or suspending any license or elsibilty for licensure . held by: you shal also apply to all other licenses and city held by you under the a . Pursuant to Sections 120. 568 and 120. 57, Florida Statutes and Rule Chapter 28- 106, Florida Administrative Code (F.A.C.), you have the right to request a proceeding to ob deities contest this action by the Department. You may elect a proceeding by completing the attached Election of Rights form or filing a Petition. Your Petition or Election of a proceeding must be in writing and must be filed with the General Counsel! acting as the Agency Clerk, Department of Insurance. If served by U.S. Mail the Petition or Election should be addressed to the Florida Department of Insurance at 612 Larson Building, Tallahassee, Florida 32399-0333. If Express Mail or hand delivery is utilized, the Petition or Election should be delivered to 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. The Petition or Election must be received by, and filed in the Department within twenty-one (21) days of the date of your receipt of this notice. YOUR FAILURE TO RESPOND TO THIS ADMINISTRATIVE COMPLAINT WITHIN TWENTY-ONE (21) DAYS WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN ; AND AN ORDER OF REVOCATION WILL BE ENTERED 2 AGAINST YOU. 2 If a proceeding is requested and there is no dispute of fact the provisions of Section 120.57(2), Florida Statutes would apply. In this regard you may submit oral or written evidence in opposition to the action taken by this agency or a written statement challenging the g agency has relied. While a hearing is normally . hot required in the absence of a dispute of fact, i = oe will be conde ed in Tallahassee, Florida or by telephonic conference call upon your RSE = RRSDARRIRR ape ok request. . ; sok If you dispute material facts, which are the basis for this agency's action, you may | request a proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes. If you request this type of proceeding, the request must comply with all of the requirements of Rule Chapter 28-106, F.A.C. and contain a) A statement identifying with particularity the allegations of the Department which you dispute and the nature of the dispute; b) An explanation of what relief you are seeking and believe you are entitled to; Cc) Any other information which you contend is material. | These proceedings are held before a State administrative law judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere the Department will request that the hearing be conducted in Tallahassee. If you request a hearing, you have the right to be represented by counsel, or other qualified representative, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf. an You are hereby notified that mediation under Section 120.573, Florida Statutes, is | not available. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior correspondence i in this matter shall be a. “cénsidered freeform agency action, and no such correspondence shall operate asa valid tequest for ¢ an administrative proceedir ing. - Anyr req west for administrative proceeding iq H & a * received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. DATED and SIGNED this _2nd_ day of AUGUST, 2001. KENNEY SHIPLEY Deputy Insurance Commissioner ge Feb. Gy y bf? on 8 ; Re ee meee CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to: CRAIG STEVEN SCHLISSEL, 440 Old Hook Road 2™ Floor, Emerson, NJ 07630 and CRAIG STEVEN SCHLISSEL at 11391 Seagrass Drive, Boca Raton, FL. 33498, by Certified Mail this _2nd__ day of AUGUST 2001. | a MES A. BOSSART, ESQ. o ivision of Legal Services 612 Larson Building Tallahassee, FL 32399-0333 (850) 413-4124 tS Nera BBE

Docket for Case No: 01-003506PL