STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION : IN RE: JABRIEH FOOD INC., and ISSA JABRIEH, Administrative Proceeding,:Docket Number: 66351 Respondent Wy-A03 ADMINISTRATIVE COMPLAINT The State of Florida, Office of Financial Regulation, (“Office”) files this Administrative Complaint against Jabrieh Food Inc., and Issa Jabrieh, (“Respondents”), and alleges: GENERAL ALLEGATIONS 1. Pursuant to sections 560.105, and 560.109, Florida Statutes, the Office is charged with administering and enforcing the provisions of Chapter 560, Florida Statutes, and conducting examinations and investigations to determine whether any provision of Chapter 560, Florida Statutes, has been violated. 2. Pursuant to section 560.114(1)(a), Florida’ Statutes, failure to comply with any provision of Chapter 560, Florida Statutes or related rule constitutes grounds for disciplinary action. 3. At all times material hereto, Respondent Jabrieh Food, Inc. is or has been a money services business licensee pursuant to Chapter 560, Florida Statutes, and specifically a “check casher,” as defined in section 560.103(6), Florida Statutes, having been issued license Page 1 of 10 number FT340000374. Issa Jabrieh is an “Affiliated party,” as that term is defined in section 560, 103(1), Florida Statutes. 4. At all times material, Respondents conducted a money services business. 5. At all times material, Respondents’ address of record is and has been 3620 N. Andrews Ave., Oakland Park, FL 33309. 6. As a matter of course, the Office conducts examinations of licensees to determine whether a person has violated any provision of Chapter 560 and related rules, or of any practice or conduct that creates the likelihood of material loss, insolvency, or dissipation of the assets of a money services business, or otherwise materially prejudices the interests of their customers. Section 560.109, Florida Statutes. 7. Beginning May 28, 2015 through May 12, 2016, the Office conducted an examination of Respondents’ business records and operations, examination no. 58850. 8. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range for an “A” level fine is between $1,000 and $3,500; and pursuant to Rule 69V-1000(151), Florida Administrative Code, the range for an “A” level suspension is 3 to 10 days. 9. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range for a “B” level fine is between $3,500 and $7,500; and pursuant to Rule 69V-1000(151), Florida Administrative Code, the range for a “B” level suspension is 10 to 20 days. COUNTI 10. The above general allegations 1 through 8 are hereby re-alleged and incorporated by reference as though fully stated herein. Page 2 of 10 11. — Section 560.309(5), Florida Statutes, requires a licensee to file reports of all suspicious activity in accordance with the criteria in 31 CFR section 1022.320. Pursuant to Rule 69V-560.609(2), such reports are required to be filed with FinCen. 12. _A transaction is suspicious and requires reporting by a money services business if it involves aggregate amounts of $2,000 or more, and the money services business knows, suspects, or has reason to believe that the transaction or pattern of transactions serves no business or apparent lawful purpose, and the money services business knows of no reasonable explanation for the transaction after examining the availabic facts. 13. In violation of section 560.309(5), Florida Statutes, Respondents failed to file a suspicious activity report regarding a single individual cashing in excess of 500 checks over a period of 25 months that aggregated more than $800,000. 14. Pursuant to Rule 69V-560.1000(87), Florida Administrative Code, a licensee cited for the first time for failing to comply with section 560.309(5), Florida Statutes, is subject to a “B” level fine. 15. Therefore, the Office is seeking an administrative fine of $7,500. COUNT IT 16. The above general allegations 1 through § are hereby re-alieged and incorporated by reference as though fully stated herein. 17. Section 560.309(3), Florida Statutes, requires a licensee to maintain and deposit payment instruments into its own commercial account at a federally insured financial institution. 18. In violation of section 560.309(3), Florida Statutes, Respondents failed to deposit payment instruments into its own commercial account. Page 3 of 10 19. Pursuant to Rule 69V-560.1000(85), Florida Administrative Code, a licensee cited for the first time for failing to comply with section 560.309(3), Florida Statutes, is subject to a “B” level fine. 20. Therefore, the Office is seeking an administrative fine of $7,500. COUNT TT 21. The above general allegations 1 through 8 are hereby re-alleged and incorporated by reference as though fully stated herein. 22. Section 560.1235(1), Florida Statutes, requires a licensee to comply with all state and federal laws and rules relating to the detection and prevention of money laundering, including section 560.123, Florida Statutes, and 31 CFR section 1010.311. 23. In violation of section 560.1235(1), Florida Statutes, Respondents failed to file Cash Transaction Reports (“CTR’s”) as required by section 560.123, Florida Statutes, and 31 CRF 1010.311. 24. Pursuant to Rule 69V-560.1000(43), Florida Administrative Code, a licensee cited for the first time for failing to comply with section 560.1235(1), Florida Statutes, is subject to an “A” level fine and an “A” level suspension. 25. Therefore, the Office is seeking an administrative fine of $1,000, and a 3-day suspension of Respondents’ license. COUNT IV 26. The above general allegations 1 through 8 are hereby re-alleged and incorporated by reference as though fully stated herein. Page 4 of 10 27. Section 560.126(2), Florida Statutes, requires that each licensee report to the Office a change in application or renewal information within 30 days of a change. 28. Respondents changed bank accounts used in the check cashing business, which is information required as part of a licensee’s application for, or renewal of, its license. 29. In violation of section 560.126(2), Florida Statutes, Respondents failed to report a change in bank accounts within 30 days of the dates of a change to its bank account. 30. Pursuant to Rule 69V-560.1000(52), Florida Administrative Code, a licensee cited for the first time for failing to comply with section 560.126(2), Florida Statutes, is subject to an “A” level fine. 31. Therefore the Office is seeking an administrative fine of $1,000. COUNT V 32. The above general allegations 1 through 8 are hereby re-alleged and incorporated by reference as though fully stated herein. 33. Section 560.309(2), Florida Statutes, and Rule 69V-560.704(2)(a), Florida Administrative Code, require a licensee to endorse payment instruments that are accepted or cashed by the licensee using the legal name under which the licensee is licensed. 34. In violation of section 560.309(2), Florida Statutes, and Rule 69V-560.704(2)(a), Florida Administrative Code, Respondents failed to endorse payment instruments using the legal name under which Respondents are licensed. 35. Pursuant to Rule 69V-560.1000(84), Florida Administrative Code, a licensee cited for the first time for failing to comply with section 560.309(2), Florida Statutes, is subject to a “B” level fine and a “B” level suspension. Page 5 of 10 36. Therefore, the Office is seeking a $3,500 administrative fine and a 10-day license suspension. WHEREFORE, Respondents Jabrieh Food Inc. and Issa Jabrieh are hereby notified that the Office intends to enter an Order imposing an administrative fine of $20,500, and a license suspension of 13 days. Page 6 of 10 NOTICE OF RIGHTS The licensee is entitled to be represented by counsel or other qualified representative. The licensee also has the right to request a hearing pursuant to §§120.569 and 120.57, Florida Statutes. Such request must comply with Rules 28-106.2015 and 28-106.104, Florida Administrative Code. An Election of Proceeding form is attached for your convenience. Any such request must be filed as follows: By Mail or Fax OR By Hand Delivery Office of Financial Regulation Office of Financial Regulation P.O. Box 8050 General Counsel’s Office Tallahassee, FL 32314-8050 The Fletcher Building, Suite 118 Phone: (850) 410-9987 101 East Gaines Street Fax: (850) 410-9914 Tallahassee, FL 32399-0379 Phone: (850) 410-9987 TO PRESERVE THE RIGHT TO A HEARING, A WRITTEN RESPONSE MUST BE FILED WITH THE OFFICE OF FINANCIAL REGULATION WITHIN TWENTY-ONE (21) DAYS AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. SAID RESPONSE MUST BE RECEIVED BY THE OFFICE NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. A FAILURE TO TIMELY RESPOND IN WRITING WILL CONSTITUTE A WAIVER OF THE LICENSEE’S RIGHT TO REQUEST A HEARING AND A FINAL ORDER MAY BE ENTERED WITHOUT FURTHER NOTICE. You may not make an oral request for an administrative hearing. With regard to a written request, if you fail to follow the outlined procedure, your request may be dismissed. Any request for an administrative proceeding received prior to the date of this notice is deemed abandoned and to be considered must be timely renewed in compliance with the procedure set forth above. Page 7 of 10 Mediation of this matter pursuant to §120.573, Florida Statutes, is not available. “n DATED and SIGNED this 14~~ day of June, 2016. DREW J. BREAKSPEAR Commissioner By: . Fransen Assistant General Counsel Office of Financial Regulation Fla. Bar No. 0994571 200 E. Gaines Street Tallahassee, FL 32399-0379 850.410.9554 scott.fransen@flofr.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been served by U.S. certified mail to JABRIEH FOOD INC. and ISSA JABRIEH, 3620 N. Andrews Ave., Oakland Park, FL 33309, this l 3 “Gay of June, 2016. 2 AL 7299 3991 7035 083k 265 Page 8 of 10 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION Admin. Proc. #66351 Jabrich Food Inc. ELECTION OF PROCEEDING I have received and read the Administrative Complaint, including the Notice of Rights, filed by the Office of Financial Regulation (“Office”) regarding the above-referenced licensee. As the licensee or the authorized representative of the licensee, I am requesting disposition as indicated below. (CHECK A BOX FOR NUMBER 1, 2, OR 3) 1. [ ] Ido not dispute any of the Office’s factual allegations and application of the law. Therefore, I do not request a hearing. I understand that upon my waiving the right to a hearing, the Office may enter a final order adopting the Administrative Complaint and imposing the sanctions authorized by Florida law, including, but not limited to, suspending or revoking the license, as appropriate. 2. Ido not dispute any of the Office’s factual allegations but dispute the Office’s application of the law. Irequest to (CHECK ONE OF THE FOLLOWING OPTIONS): [ ] Submit a written statement with supporting documentation to a Hearing Officer in lieu of a hearing; OR [ ] In person, attend a hearing conducted by a Hearing Officer; OR [ ] By telephone conference call, attend a hearing conducted by a Hearing Officer. 3. [ ] Ido dispute one or more of the Office’s factual allegations. 1 request a formal section 120.57(1), Florida Statutes hearing before the Division of Administrative Hearings. Pursuant to the requirements of Rule 28-106.2015(5)(c), Florida Administrative Code, | am attaching the material facts that I dispute (SEE PAGE 2). TO PRESERVE THE RIGHT TO A HEARING, A RESPONSE MUST BE FILED WITH THE OFFICE OF FINANCIAL REGULATION WITHIN TWENTY-ONE (21) DAYS OF THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE OFFICE NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: P.O. Box 8050, Tallahassee, Florida 32314-8050. If hand delivery is preferred, the physical address is: General Counsel’s Office, The Fletcher Building, Suite 118, 101 E. Gaines Street, Tallahassee, FL 32399. Mailing Address: Signature of Licensee or Authorized Representative Printed Name & Title City State Zip Email: Tel. number: Fax number: Date Administrative Complaint Received: Page 9 of 10 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION Admin. Proc, #66351 Jabrieh Food Inc. **YOU ARE TO COMPLETE THE FOLLOWING ONLY IF YOU HAVE CHECKED NUMBER 3 ON THE PRECEDING PAGE. If you need more space, you may provide additional pages. As the licensee or the authorized representative of the licensee, I am disputing the following material facts: Signature of Licensee or Authorized Representative Date Page 10 of 10 60ees Td ‘MYVd GNVTHVO “SAV SMAXANV 'N 0Z9€ Haldavr VSS! ONV “ONI GOOS HAlNaver GALSANDSY SOIAMAS NUNLaa S4e2 TERO GEDA Thbb bbTe Th 92e0-G6eze 14 ‘SesseyeyeL ° yaang sauied “3 00z ZONVNIA YSEWNSNOD JO NOISIAIG

Docket for Case No: 16-004103