FILED AUG 28 2014 D ae cnt EINANCrA OFFICER locketed by_<¢k STATE OF FLORIDA IN THE MATTER OF: CASE NO.: 154545-14-AG MAX CARIAS ADMINISTRATIVE COMPLAINT TO: Max Carias 14717 SW 110" Terrace Miami, Florida 33196 The Chief Financial Officer of the State of Florida has caused to be made an investigation of Max Carias’ 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, Max Carias is currently licensed in this state as a life including variable annuity and health agent, and as a legal expense agent, and was so licensed at all times relevant to the dates and occurrences referenced herein. 2. The Florida Department of Financial Services (hereinafter referred to as the “Department”) has jurisdiction over Max Carias’ licenses and appointments, having been issued license number P123242. () () COUNT I 3. The above general allegations are hereby realleged and fully incorporated herein by reference. 4. From 2011 to 2012, Max Carias used the insurance license number and agent number of C.A. to sell forty-three life insurance policies without the knowledge, consent or true signature of C.A. . 5. Max Carias used C.A.’s license number in order to evade responsibility for charge backs on cancelled policies. 6. Life insurance policies ending in the following numbers were sold in C.A.’s name and under her license number without her knowledge or consent: 7941, 8211, 8673, 9397, 5816, 3307, 6468, 7284, 1084, 2785, 2885, 6047, 2716, 6108, 7427, 8137, 8826, 8265, 6734, 1306, 1317, 1335, 8171, 2335, 9997, 4643, 8177, 7596, 0081, 1286, 5222, 6497, 4394, 6693, 6765, 6680, 3493, 7833, 2470, 7278, 8852, 8861, and 1988. . 7. Max Carias received commissions on the sale of these policies. IT IS THEREFORE CHARGED that Max Carias has violated or is accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of his licenses as an insurance agent in this state: {a) Section 626.611(7), Florida Statutes, which provides that 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. (b) Section 626.611(9), Florida Statutes, which provides that 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. (c) Section 626.621(6), Florida Statutes, which provides that 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 in unfair or deceptive acts or practices, as prohibited under part IX of this chapter, or otherwise show oneself to be a source of injury or loss to the public interest. (d) = Section 626.9541(1)(e)1.b., 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, publish, disseminate or circulate any false material statement. | (e) Section 626.9541(1)(e)1.e., 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 cause, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement. (f) Section 626.9541(1)(k)1., 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 making a false or 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 benefit from any insurer, agent, broker, or individual. () 0) (g) Section 626.9541(1)(ee), Florida Statutes, which provides that it is an unfair method of competition and unfair or deceptive act or practice, violative of section 626.9521, Florida Statutes, to willfully submit to an insurer on behalf of a consumer an insurance application or policy-related document bearing a false or fraudulent signature. WHEREFORE, Max Carias is hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking his licenses and appointments as an insurance agent or to impose such penalties as may be provided under the provisions of sections 624.15, 626.611, . 626.621, 626.681, 626.691, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes and Florida Administrative Code as set out in this Administrative Complaint and under the provisions of Rule 69B-231, Florida Administrative Code. Max Carias is further notified 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. h DATED this 237" day of Aug, ust , 2014. Gregory Thomas Director, Agent & Agency Services C) C) 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, 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 REPONSE IS RECEIVED BY 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) Your name, address, and telephone number, and facsimile number (if any). (b) The name, address, telephone number, facsimile number of your attorney or qualified representative (if any) upon whom service of pleadings and other papers shall be made. () , C) (c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. (d) A statement of when you received this Administrative Complaint. (e) | Astatement including the case number of this 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 of 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 : as, -) ) 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. © C) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: Max Carias, 14717 SW 110 Terrace, Miami, Florida, 331 96, by certified mailed on this 23" tay of fhe ust __, 2014. Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 Florida Bar Number 30942 (850) 413-4156 zaynab.salman@myfloridacfo.com C) . . C) STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: CASE NO.: 154545-14-AG MAX CARIAS / ELECTION OF PROCEEDING T have received and have read the Administrative Complaint filed by the Florida Department of Financial Services ("Department") against me, including the Notice of Rights contained therein, and 1 understand my options. I am requesting disposition of this matter as indicated below. (CHOOSE ONE) LC] 3.0] I do not dispute any of the Department’s factual allegations and I do not desire a hearing. | understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my licenses and appointments as may be appropriate. I do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with section 120.57(2), Florida Statutes. In this regard, I desire to (CHOOSE ONE): [] Submit a written statement and documentary evidence in lieu of a hearing; or [] Personally attend a hearing conducted by a department hearing officer in Tallahassee; or t] Attend that same hearing by way of a telephone conference call. I do dispute one or more of the Department's factual allegations. I hereby request a hearing pursuant to section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. I have attached to this election form the information required by rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (c) of the Notice of Rights. Specifically, I have identified the disputed issues of material fact. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON. THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: Julie Jones, DFS Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Signature Print Name Date: Address: Date Administrative Complaint Received: If you are represented by an attorney or qualified Phone No.: representative, please attach to this election form his or her name, address, telephone and fax numbers Fax No.: E-mail: 9

Docket for Case No: 14-005671PL