) ) FILED AUG 30 2013 Docketed by An ) CHIEF FINANCIAL OFFICER JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: CASE NO. 131997-13-AG GLEN PATRICK CUMMINGS : / ADMINISTRATIVE COMPLAINT TO: GLENN PATRICK CUMMINGS BIG Financial Service LLC 231 Mason Street Brandon, FL 33511 Glenn1595@gmail.com You, GLENN PATRICK CUMMINGS, are hereby notified that pursuant to Chapter 626, Florida Statutes, the Chief Financial Officer 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. You, GLENN PATRICK CUMMINGS, are currently licensed in the state as a life including variable annuity and health agent (2-15). You were first licensed by the Department on May 26, 1992 as a life including variable annuity agent (2-14). ) ) 2. Atall times pertinent to the dates and occurrences referred to in this Administrative Complaint you, GLENN PATRICK CUMMINGS, were licensed as an insurance agent in this state. 3. You, GLENN PATRICK CUMMINGS, have operated out of various insurance agencies at different locations, namely: Accurate Health & Financial Services, Inc., later known as Accurate Advisory Group, 2211 Ashley Oaks Circle, Wesley Chapel, Florida 33544 (Accurate), BIG Financial Service LLC, 1913 Bell Ranch Street, Brandon, FL 33511 (BIG), presently. located at 231 Mason Street, Brandon, FL 33511, for which you are the owner and managing member. 4. You, GLENN PATRICK CUMMINGS, have been appointed as agent for various insurance companies, including Allianz Life Insurance Company of North America (Allianz), Jackson National Life Insurance Company (Jackson) and Great American Life Insurance Company (Great American). 5. Great American provided you, GLENN PATRICK CUMMINGS, with a Market Conduct and Compliance Guide to be used by you in marketing its insurance products and which provided, in part, that you “not knowingly engage in, or provide assistance to others participating in, any unfair or deceptive practice that involves dishonest or a breach of trust” and that “you should be alert to issues regarding the competency of a senior client” noting that “most seniors have other advisors, such as a CPA, a tax advisor, an attorney or a family member” whose assistance might be beneficial in the marketing of insurance products to seniors. 6. Allianz provided you, GLENN PATRICK CUMMINGS, with a Code of Best Practices, an Agent Guide to Annuity Suitability, a Compliance Guide to Successful Business and a Guide to Annuity Suitability Market Conduct and Compliance Guide to be used by you in 2 ) , ) marketing its insurance products and which provided you, in addition to the laws described below, with explicit guidance for you as to competition, replacement of insurance contracts, and providing you with a listing of prohibited and restricted life insurance practices. 7. Pursuant to Chapter 626, Florida Statutes, the Chief Financial Officer of the State of Florida and the Department of Financial Services has jurisdiction over your insurance licenses and your eligibility for licensure and appointment. 8. Rule 69B-215.210, Florida Administrative Code, declares the business of life insurance to be a public trust, in which all agents of all companies have a common obligation to work together in serving the best interests of the insuring public, by understanding and observing the laws governing Life Insurance by presenting accurately and completely every fact essential to a client’s decision, and by being fair in all relations with colleagues and competitors, always placing the policyholder’s interests first. 9. The insurance consumer described below trusted you, GLENN PATRICK CUMMINGS, and you abused her trust. 10. Rule 69B-215.230(1), Florida Administrative Code, declares insurance sales misrepresentations to be unethical and provides that no person shall make, issue, circulate, or cause to be made, issued, or circulated, any estimate, circular, or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised thereby or the dividends or share of the surplus to be received thereon, or make any false or misleading statement as to the dividends or share of surplus previously paid on similar policies, or make the financial condition of any insurer, or as to the legal reserve system upon which any life insurer operates, or use any name or title of any policy or class of policies misrepresenting the true nature thereof. ) ) 11. Rule 69B-215.230(2), Florida Administrative Code, provides that no person shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio or television station, or in any other way, any advertisement, announcement or statement containing any assertion, representation or statement with respect to the business of insurance or with respect to any person in the conduct of his insurance business, which is untrue, deceptive or misleading. 12. Section 626.951(1), Florida Statutes, declares that the conduct and actions described in sections 626.9521 and 626.9541, Florida Statutes, constitute unfair and deceptive acts or practices as defined in the Unfair Insurance Trade Practices Act. COUNTI 13. The above allegations are hereby realleged and fully incorporated herein by reference. 14. E. J. P. was born in January 1926 and currently resides at on Emerald Dunes Drive, Sun City Center, Florida 33573. 15. On September 12, 2001, Ms. P. created a revocable trust agreement whereby she was the grantor, and became the trustee, of The E. J. P. Revocable Trust Agreement (the trust). 16. On May 10, 2007, Ms. P. completed an application for a Jackson National single premium deferred annuity ending with the numbers and letter 422A (JNL 42A). The initial premium payment was $100,000. JNL 42A was issued with a 5% bonus. The insurance agent of record was Gary Grant Mahan. ) ) 17. Ms. P. and the trust held investments with Wedbush Securities (Wedbusch) in an account ending with the numbers 37 (WB 37) that had a net worth totaling $349,438.11 as of July 31, 2010. 18. Ms. P. held independent retirement account (IRA) investments with Wells Fargo Advisors, LLC (Wells F: argo) in an account ending with the numbers 15 (WF 15) that had a net worth totaling $51,737.11 shortly prior to June 30, 2010, 19. As of June 30, 2010. WF 15 hada closing value of $.00. As of August 31, 2010, WB 37 had a net value totaling $17.50. 20. You, GLENN PATRICK CUMMINGS, after being referred to Ms. P. for financial advice, placed Ms. P. in contact with insurance agent William Pearson on the advice of Richard Carter. William Pearson is a former licensed securities registered representative with the securities investment firm Transamerica Financial Advisors (Transamerica). At your urging, Ms. P. signed forms opening a money market investment account with Transamerica on July 12, 2010. Asa result of your advice to Ms. P., both the WB 37 and WF 15 accounts were swept by agent William Pearson into Transamerica accounts ending with the numbers 02 (TA 02) and 86 (TA 86). 21. You, GLENN PATRICK CUMMINGS, also advised Ms. P. to sign forms so as to change her producer of record on the fixed indexed JN 42A contract to agent William Pearson effective July 15, 2010. 22. The sole purpose of the above transfers were to facilitate the liquidation of WB 37, WF 15, JN 42A and shortly thereafter (August 11, 2010) TA 02 so as to provide commissions for yourself and agent William Pearson. ) ) 23. You, GLENN PATRICK CUMMINGS, sold Ms. P. an Allianz immediate annuity on July 29, 2010 ending with the numbers 08 (A 08) in the single premium amount of $355,208.68. You, GLENN PATRICK CUMMINGS, earned a commission of $10,656.26 on the sale of A 08. 24. On July 29, 2010, you, GLENN PATRICK CUMMINGS, completed an application on behalf of Ms. P. for a Great American deferred annuity contract ending with the numbers 60 (GA 60). The contract was funded by a single premium in the amount of $45,769.38, the result of your facilitating the liquidation of her IRA brokerage account WF 15, as noted above, into TA 86. 25. The A 08 suitability questionnaire dated July 29, 2010 completed and submitted by you, GLENN PATRICK CUMMINGS, states that Ms. P. then owned JNL 42A even though on that same day you had Ms. P. complete a form replacing JNL 42A with a Great American single en fixed indexed annuity ending with the numbers 61 (GA 61). Additionally, you deliberately and inaccurately placed the notations “N/A” multiple times on the form that compared the existing JNL 42A to the new replacement annuity A 08, thereby making it useless as a valid disclosure and comparison form provided by Great American. 26. You, GLENN PATRICK CUMMINGS, received a Statement of Account from William Pearson as to JNL 42A, he then being the agent of record on that policy. That statement clearly delineates the losses Ms. P. would incur by the exchange of JNL 42A into GA 60. However, you did not fill out the Great American suitability form so as to benefit Ms. P. with this information. 27. In summary, during the process of breaking the JNL 42 contract and inducing the sale and purchase of the GA 61, you, GLENN PATRICK CUMMINGS, willfully misrepresented and/or omitted material information regarding the exchange. The misrepresentations, both by omission of material information and commission of false statements, include, but are not limited to, the following: ) ) (a) You, GLENN PATRICK CUMMINGS, for no reason other than to obtain commissions for fellow insurance agent William Pearson, had Ms. P. funnel her liquidated securities’ assets through the Transamerica brokerage firm which served to insulate Ms. P. from financial counseling by her then current securities broker. (b) You, GLENN PATRICK CUMMINGS, had Ms. P. sign documents making fellow insurance agent William Pearson the agent of record for JNL 42A so as to facilitate its liquidation and the purchase of GA 61 thereby earning yourself a commission and in the process insulating Ms. P. from comparative financial counseling by her then current Jackson National insurance agent. (c) You, GLENN PATRICK CUMMINGS, without having a Financial Industry Regulatory Authority (FINRA) license, completed the Transamerica brokerage application, transfer forms and letter of instruction to transfer JNL 42A to William Pearson and then you accepted the $2,607.28 fee made payable to BIG from Ms. P. for investment advisory services you were not authorized to provide or charge for. (d) You, GLENN PATRICK CUMMINGS, knowing that the breaking of the JNL 42A contract was not in her best financial interests, caused Ms. P. to incur a surrender charge of $4,871.41 as well as recapture of bonus charge of $2,706.34. Ms. P. therefore suffered a total loss in the amount of $7,577.75 that is presently due and owing her as a direct result of your misconduct. (e) You, GLENN PATRICK CUMMINGS, either knew or should have known that agent William Pearson had a history of facilitating the roll over and transfer of elderly clients’ financial assets into new annuities as a means of avoiding protections designed to ensure the suitability of such purchases. ) ) (f) You, GLENN PATRICK CUMMINGS, failed to complete the GA 60 and 61 suitability forms accurately by falsely indicating that Ms. P. was receiving annuity for life income from an Allianz policy that had not been issued as of July 29, 2010. (g) You, GLENN PATRICK CUMMINGS, falsely assured Ms. P. that the GA 61 was suitable to her needs. 28. The willful misrepresentations and omissions made by you, GLENN PATRICK CUMMINGS, described herein were false and material misstatements of fact. You were fully aware of these falsehoods. 29. Ms. P. justifiably relied on the representations and misinformation conveyed to her by you, GLENN PATRICK CUMMINGS, concerning both the JNL 42A and GA 60 and 61 annuities. Ms. P. would not have broken the INL 42A contract and purchased the GA 60 and 61 contracts but for your misrepresentations. Ms. P. trusted you and readily and agreeably signed authorization forms at your urging. 30. The liquidation of the JNL 42A and the purchase of the GA 60 and GA 61 contracts was not in Ms. P.’s best interests, was neither necessary nor appropriate for a person of her age and financial circumstances, was without demonstrable benefit to her, and was done for the sole purpose of obtaining a fee, commission, money or other benefit from Great American totaling $5,835.75. You, GLENN PATRICK CUMMINGS, have violated a public trust in violation of Rule 69B- 215.210, Florida Administrative Code as described above. IT IS THEREFORE CHARGED that you, GLENN PATRICK CUMMINGS, have violated or are accountable under the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state: ) ) (a) Section 627.4554(4)(a), Florida Statutes, which provides that it is a violation for an insurance agent to recommend to a senior consumer the purchase of an annuity unless the insurance agent has reasonable grounds for believing that the recommendation is suitable for the senior consumer on the basis of the facts disclosed by the senior consumer as to his or her investments and other insurance products and as to his or her financial situation and needs. (b) Section 627.4554(4)(c)2., Florida Statutes, which provides that it is a violation for an insurance agent to make a recommendation unless it is reasonable under all the circumstances actually known to the insurance agent at the time of the recommendation. (c) Section 626.611(5), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to, either in person or by any form of dissemination of information or advertising, to willfully misrepresent any insurance policy or annuity contract or willfully deceive with regard to any such policy or contract. (d) Section 626.611(7), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance. (e) Section 626.611(8), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (f) Section 626.611(9), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing 9 ) ) general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment. (g) Section 626.611(13), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to willfully fail to comply with, or willfully violate, any proper order or rule of the department or willfully violate of any provision of the Insurance Code. (h) Section 626.621(2), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent, in the conduct of business under the license or appointment, to violate any provision of the Insurance Code or any other law applicable to the business of insurance in the course of dealing under the license or appointment. @) Section 626.621(6), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent, in the conduct of business under the license or appointment, to engage in unfair methods of competition or unfair or deceptive acts or practices, as prohibited by part IX of this chapter, or having otherwise shown. himself or herself to be a source of injury or loss to the public. Gj) Section 626.9541(1)(a) 1, Florida Statutes, which provides it is a violation to knowingly make, issue, circulate, or cause to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison, which misrepresents the benefits, advantages, conditions, or terms of any insurance policy. (k) Section 626.9541(1)(e)1, Florida Statutes, which provides it is a violation to knowingly make, publish, disseminate, circulate, deliver to any person, knowingly place before the 10 ) ) public, or knowingly cause, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public any false material statement. Q@) Section 626.9521(2), Florida Statutes, which provides that any person who violates any provision of the Unfair Insurance Trade Practices Act is subject to a fine in an amount not greater than $5,000 for each nonwillful violation and not greater than $40,000 for each willful violation, such fines being in addition to any other applicable penalty. COUNT II 31. The above allegations are hereby realleged and fully incorporated herein by reference. 32. You, GLENN PATRICK CUMMINGS, falsely told Ms. P. that she needed to pay agent William Pearson a fee of $1,500.00 for services he had provided her. 33. You, GLENN PATRICK CUMMINGS, later directed Ms. P. to issue BIG a check in the amount of $2,607.28 for William Pearson’s services, which you deposited to BIG’s credit union account ending in 99 on July 30, 2010. You told Ms. P. that you needed that check in order to pay agent William Pearson for his services. 34. You, GLENN PATRICK CUMMINGS, on August 2, 2010, paid agent William Pearson $2,530.00 by BIG check number 1606. This payment to agent Pearson was not justified and therefore Ms. P. has, as a result of your illegal dealings in premiums, incurred a financial loss in the amount of $2,530.00, you having only returned to her $77.28, the difference between her payment of $2,607.28 and the $77.28 that you saw fit to withhold from your prior payment to William Pearson, for whatever reason. IT IS THEREFORE CHARGED that you, GLENN PATRICK CUMMINGS, have violated or are accountable under the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state: 1 ) ) (a) Section 626.611(5), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to, either in person or by any form of dissemination of information or advertising, to willfully misrepresent any insurance policy or annuity contract or willfully deceive with regard to any such policy or contract. (b) Section 626.611(7), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance. (c) Section 626.611(8), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (d) Section 626.611(9), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment. (e) Section 626.611(13), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to willfully fail to comply with, or willfully violate, any proper order or rule of the department or willfully violate of any provision of the Insurance Code. (f) Section 626.621(2), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing 12 ) ) general agent, in the conduct of business under the license or appointment, to violate any provision of the Insurance Code or any other law applicable to the business of insurance in the course of dealing under the license or appointment. (g) Section 626.621(6), Florida Statutes, which provides it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent, in the conduct of business under the license or appointment, to engage in unfair methods of competition or unfair or deceptive acts or practices, as prohibited by part IX of this chapter, or having otherwise shown himself or herself to be a source of injury or loss to the public. (h) Section 626.9541(1)(a) 1, Florida Statutes, which provides it is a violation to knowingly make, issue, circulate, or cause to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison, which misrepresents the benefits, advantages, conditions, or terms of any insurance policy. G@) Section 626.9541(1)(e)1, Florida Statutes, which provides it is a violation to knowingly make, publish, disseminate, circulate, deliver to any person, knowingly place before the public, or knowingly cause, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public any false material statement. G) Section 626.9541(1)(k)2., Florida Statutes, which provides that it is an unfair method of competition and an unfair or deceptive act or practice, violative of section 626.9521, Florida Statutes, to knowingly make a material omission in the comparison of a life, health, or Medicare supplement insurance replacement policy with the policy it replaces for the purpose of obtaining a fee, commission, money, or other benefit from any insurer, agent, broker, or individual. 13 i) ) (k) Section 626.9541(1)(0)1. and 2., Florida Statutes, which provides that it is an unfair method of competition and an unfair or deceptive act or practice, violative of section 626.9521, Florida Statutes, to knowingly collect any sum as a premium or charge for insurance, which is not then provided, or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as permitted by law or collecting any sum in excess of or less than the premium or charge for such insurance. (1) Section 626.9521(2), Florida Statutes, which provides that any person who violates any provision of the Unfair Insurance Trade Practices Act is subject to a fine in an amount not greater than $5,000 for each nonwillful violation and not greater than $40,000 for each willful violation, such fines being in addition to any other applicable penalty. WHEREFORE, you, GLENN PATRICK CUMMINGS, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses, appointments and your eligibility for licensure as an insurance agent in this state or to impose such penalties as may be provided under the provisions of Sections 626.611, 626.621, 626.681, 626.691, 626.692, 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 the Department intends to seek aggravation of all such penalties in accordance with the provisions of Rule 69B-231.160, Florida Administrative Code, and that any order entered in this case revoking or suspending any license or eligibility for licensure held by you shall also apply to all other licenses and eligibility held by you under the Florida Insurance Code. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department of Financial Services ("Department") pursuant to Sections 120.569 and 120.57, Florida Statutes, 14 ) ) and Rule 28-106, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with Julie Jones, Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. Your written response must be received by the Department no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to a hearing. FAILURE TO ENSURE YOUR WRITTEN RESPONSE IS RECEIVED B THE DEPARTMENT WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-106.2015, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specifically, your response must contain: (a) The name, address, and telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent"). (b) The name, address, telephone number, facsimile number of the attorney or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. (c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. 15 ) ) (d) A statement of when the respondent received notice of the administrative complaint. (e) A statement including the file number to the administrative complaint. If a hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. If a proceeding is requested and there is no dispute of material fact, the provisions of Section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. However, if you dispute material facts which are the basis for the Department’s action, you must request an adversarial proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes. 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, Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an 16 administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. Mediation of this matter pursuant to Section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department. DATED and SIGNED this apt day of Puguart , 2013. Greg Thomas Director, Agent and Agency Services 17 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been furnished by U.S. Certified Mail to: Glenn Patrick Cummings, 1913 Bell Ranch Street, Brandon, FL 33511, and by email to Glenn1595@gmail.com on this Bj day of Aguas, 2013. ; LAL David J. Busch Division of Legal Services 200 E. Gaines Street 612 Larson Building Tallahassee, FL 32399-0333 Tel: (850) 413-4146 Fax: (850) 487-4907 david.busch@myfloridacfo.com Fla. Bar No.: 140945 Attorney for the Department 18

Docket for Case No: 13-003705PL