50, . FILED THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE TOM GALLAGHER MAR 6 2002 4 Treasurer and . tineurance Commissioner IN THE MATTER OF Docketed by:__s2/4 HOWARD IRVIN VOGEL . CASE NO.: 41685-02-AG / . : ADMINISTRATIVE COMPLAINT TO: HOWARD IRVIN VOGEL 4041 Bahia Isle Circle West Palm Beach, Florida 33407 HOWARD IRVIN VOGEL Federal Insurance 3564 S. Military Trail Lake Worth, FL 33463-3490 YOU, HOWARD IRVIN VOGEL, 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 1. Pursuant to Chapter 626, Florida Statutes, you, HOWARD IRVIN VOGEL, license identification number A274461, are currently licensed in this state as a general lines (2-20) agent. 2. At all times pertinent to the dates and occurrence referred to herein, you, HOWARD IRVIN VOGEL, were licensed in this state to transact property and casualty insurance. SS SS? | Sa SSSSSSSSSRSRANSGND enennsSaseneneae: 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance licenses and appointments. 4, During all times material to the allegations contained in this complaint you, HOWARD IRVIN VOGEL, operated and were Primary Agent for Federal Auto Insurance Inc. (“Federal”) insurance agency at 3564 s. Military Trail, Lake Worth, Florida. 6. At all times pertinent to the allegations of this complaint you, HOWARD IRVIN VOGEL, also held corporate officer positions with two corporations: L.N.V., Inc. (“L.N.V.”) and Federal. The corporate address of each corporation is shown as 3564 Ss. Military Trail, Lake Worth, Florida 33463-3490. On March 22, 2001, a Fictitious Name filing was made by L.N.V., showing it to be doing business as Federal. 7. Corporate records show you, HOWARD IRVIN VOGEL, as President, Secretary and Director of Federal and your wife, Alicia H. Vogel, as Vice-president, Treasurer and Director of Federal. . 8. Corporate records show you, HOWARD IRVIN VOGEL, as President, Secretary and Director of L.N.V. and your wife, Alicia H. Vogel, as Vice-president, Treasurer and Director of L.N.V. 9. There were three licensed persons operating out of the Federal location for the relevant time periods at issue: yourself, Michael Smith, and Lee Scott Vogel. 10. There have been three unlicensed persons working at the Federal location for the relevant time periods at issue: Elizabeth “Beth” Oliver, Mirtha Leon, and Nanee Mafeo. Alicia H. Vogel is not licensed Or appointed by the Department. 1l. Asa corporate officer of Federal and L.N.V., and as the designated primary agent for Federal, you, HOWARD IRVIN VOGEL, knew or should have known of the activities of salaried employees under your direct supervision and control and you were responsible and accountable for all of the activities of the staff at the agency location described above for the times and occurrences as hereafter presented. References to you, HOWARD IRVIN VOGEL, include persons acting under your direct supervision and control at the agency described herein. 12. You, HOWARD IRVIN VOGEL, together with Alicia Vogel and Nanee Mafeo, are listed as a signor on the Federal agency accounts numbered 13703243 and 13703282 at Wachovia Bank, N.A. to which the sums hereafter described were deposited and withdrawn pursuant to your control and direction. COUNT I 13. The above General Allegations numbered one through twelve are hereby realleged and fully incorporated herein by reference.