Bak W303 PL - «ay Betsy, THE TREASURER OF THE STATE OF FLORIDA AUG L300 “on, ? g, DEPARTMENT OF INSURANCE 4D . ToM GALLAGHER Treasurer and Opti, Insurance Commissioner. miss Dorkates tyyy_ sronsr IN THE MATTER OF: CRAIG STEVEN SCHLISSEL . CASE NO.: 41328-01-AG 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 sah sng Bie sv oasihels thle RAIG STEVEN SCHLISSEL, — i so ‘age ida Statutes, you, Cc resident life, health and variable annuity agent; and non-residentlife and health insurance agent. rr 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 i 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 withthe false signature of Cherry Carswell fraudulently affixed thereto. National Life Insurance Company in the amount of $846 purportedly to be drawn o ona BE dhe oS ‘non- “existent First Union 1 ‘National B Cherry Carswell fraudulently affixed thereto. This false ‘and fraudulent check was -7 You, CRAIG STEVEN SCHLISSEL, submitted a fraudulent check to ‘American ‘ing acedunt, with ‘the “false” signature of ~~ soups ne ee ee RL A AA i SA A AN 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 1S 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 tegard to ‘any such policy or contract, done either in person or by any form ‘ in advertising, [Section 626.64 1(5), Florida Statutes} gage inte bushessol (¢) 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 626.611(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 626.64 1(10), Florida Statutes}; (9) Wiliful faiture 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 i insurance in the course of dealing under the license or permit. [Section 626 621 (2), Florida Statutes} () 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 (A)(k)1, Florida Statutes]. COUNT I! 9. The above general allegations are hereby tealleged and fully incorporated 2 herein by Teference. 40. On or about June 2 24, 2000, you, CRAIG s STEVEN SCHLISSEL, submitted to American National Lite Insurance Company, a fraudulent application for a health. . Se ed a eo 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 fraudutently 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 i 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 been made for your return of the unearned commission, n, 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 e suspension o or revocation of your licenses and appointments as an insurance agent: oe a te Bast Sections 626.561: 626.61 1(5), 626.61 1(7), 626.611(8), 626.611(9), 626.614 (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 Tealleged and fully incorporated herein by reference. i t 4 i ! t i} of EOF RIGHTS . t BPW Er Gone pyaar , fo, . 53 Le IRA ‘ RES . : 7 : -” Pursuant to Sections 120.569 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 ' eee cofeeinte gt t 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 AGAINST YOU. lf 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 grounds upon which the agency has relied. While a hearing! is normally request. 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 er 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; c) 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. You are hereby notified that mediation under Section 120.573, Florida Statutes, is . not available, See ene seed Lew zen oe tf “f 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 EN ERE ES age 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. 1 JAMES A. BOSSART, ESQ. \vision of Legal Services 612 Larson Building Tallahassee, FL 32399-0333 (850) 413-4124

Docket for Case No: 02-001503PL