STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION IN RE: Administrative Proceeding Docket Number: CASH SERVICES INC. d/b/a CASH PLUS and 68660 THOMAS MOSER, Respondents ADMINISTRATIVE COMPLAINT The State of Florida, Office of Financial Regulation, (“Office”) files this Administrative Complaint against CASH SERVICES INC. d/b/a CASH PLUS and THOMAS MOSER (“Respondents”), alleging: 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 Cash Services, Inc. is or has been a Part III Money Transmitter licensee pursuant to Chapter 560, Florida Statutes, and specifically a “money Page 1 of 8 services business,” as defined in section 560.103(22), Florida Statutes, having been issued license number FT30800150. 4. At all times material hereto, Respondents’ business address of record is and has been 10200 South U.S. Highway 1, Port St. Lucie, FL 34952-5615 and President of record of Respondent Cash Services, Inc. with the Office is and has been Thomas Moser. 5. The Office conducted an examination (#63299) of Respondents’ business records and operations for the time period of November 1, 2013 to October 31, 2015 (“examination period”). 6. During the examination period, Respondents cashed payment instruments of various amounts up to and exceeding $1,000.00. 7. During said examination, the Office reviewed, or attempted to review all of Respondents’ business records for the examination period material to their money services business activities, including but not limited to records regarding all payment instruments cashed by Respondents. 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-560.1000(151), Florida Administrative Code, the range for an “A” 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-560.1000(151), Florida Administrative Code, the range for a “B” suspension is 10 to 20 days. 10. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range for a “C” fine is between $7,500 and $10,000; and, pursuant to Rule 69V-560.1000(151), Florida Administrative Code, the range for a “C” suspension is 20 to 30 days. Page 2 of 8 COUNT I 11. The above general allegations are hereby re-alleged and incorporated by reference as if fully stated herein. 12. Section 560.310(2)(a), Florida Statutes and Rule 69V-560.704(4)(d), Florida Administrative Code, require licensees, for payment instruments exceeding $1,000, to create and maintain a customer file for each entity listed as the payee on corporate payment instruments. Each customer file must include Articles of Incorporation or other such documentation which establishes a legal entity in whatever form authorized by law. 13. Respondents, for four corporate payment instruments over $1,000, failed to maintain Articles of Incorporation or other such documents which establish a legal entity in the customer file, in violation of section 560.310(2)(d), Florida Statutes and Rule 69V-560.704(4)(d), Florida Administrative Code. 14. Pursuant to Rule 69V-560.1000(95), a licensee who fails to create and maintain corporate customer files is subject to a “B” fine, and/or a “B” suspension. 15. Therefore, the Office is seeking a fine of $7,500 and a suspension of 20 days. COUNT I 16. The above general allegations are hereby re-alleged and incorporated by reference as if fully stated herein. 17. Section 560.310(2)(b), Florida Statutes, and Rule 69V-560.704(4)(c), Florida Administrative Code, require a licensee to secure and maintain valid personal identification for each payment instrument that exceeds $1,000. 18. Ina sample size of approximately 18 customers who cashed payment instruments over $1,000, Respondents failed to secure and maintain valid personal identification for one of them, in Page 3 of 8 violation of section 560.310(2)(b), Florida Statutes and Rule 69V-560.704(4)(c), Florida Administrative Code. 19. Pursuant to Rule 69V-560.1000(96), Florida Administrative Code, a licensee who fails to secure and maintain a copy of valid personal identification for a payment instrument over $1,000 is subject to a “B” fine, and/or a “B” suspension. 20. Therefore, the Office is seeking a fine of $3,700 and a suspension of 11 days. COUNT Il 21. The above general allegations are hereby re-alleged and incorporated by reference as if fully stated herein. 22. Section 560.310(2)(d), Florida Statutes and Rule 69V-560.704(5)(a), Florida Administrative Code, require licensees, for payment instruments over $1,000, to create and maintain eleven different fields of information in their electronic log, including a field for type of payment instrument. 23. Respondents’ electronic log failed to include all information required in the ‘type of payment instrument’ field, in violation of section 560.310(2)(d), Florida Statutes and Rule 69V- 560.704(5)(a), Florida Administrative Code. 24. Pursuant to Rule 69V-560.1000(98), Florida Administrative Code, a licensee that fails to create and maintain an electronic log is subject to a “B” fine, and/or a “B” suspension. 25. Therefore, the Office is seeking a fine of $3,900 and a suspension of 11 days. COUNT IV 26. The above general allegations are hereby re-alleged and incorporated by reference as if fully stated herein. Page 4 of 8 27. Section 560.309(2), Florida Statutes and Rule 69V-560.704(2)(a), Florida Administrative Code, require a licensee, at the time of acceptance, to endorse and maintain a payment instrument with its legal name.. 28. In a sample size of 113 payment instruments, Respondents failed to endorse at the time of acceptance approximately 81 of those payment instruments, or to maintain said endorsement, in violation of section 560.309(2), Florida Statutes and Rule 69V-560.704(2)(a), Florida Administrative Code. 29. Pursuant to Rule 69V-560.1000(84), a licensee who fails to endorse a payment instrument and maintain said endorsement is subject to a “B” fine, and/or a “B” suspension. 30. Therefore, the Office is seeking a fine of $6,500 and a suspension of 17 days. COUNT V 31. The above general allegations are hereby re-alleged and incorporated by reference as if fully stated herein. 32. Section 560.1235, Florida Statutes, and 31 CFR 1022.210(a), state that each money services business shall develop, implement, and maintain an effective anti-money laundering program. 33. Respondents’ anti-money laundering program states that employees must endorse each check cashed with the endorsement stamp before disbursing cash to the customer. 34. Respondents failed to implement their policy of endorsing checks prior to disbursing cash to the customer, in violation of section 560.1235, Florida Statutes, and 31 CFR 1022.210(a). 35. Pursuant to Rule 69V-560.1000(44), Florida Administrative Code, a licensee who fails to develop, implement and maintain an effective anti-money laundering program is subject to an “A” fine, an “A” suspension, and/or revocation. Page 5 of 8 36. Therefore, the Office is seeking a fine of $1,000 and a suspension of 10 days. WHEREFORE, Respondents, CASH SERVICES INC. d/b/a CASH PLUS and THOMAS MOSER are hereby notified that the Office intends to enter an Order imposing an administrative fine of $22,600.00 and a 69-day suspension. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 6 of 8 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 sections 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 Facsimile OR By Hand Delivery Agency Clerk Agency Clerk Office of Financial Regulation Office of Financial Regulation P.O. Box 8050 General Counsel’s Office Tallahassee, Florida 32314-8050 The Fletcher Building, Suite 118 Phone: (850) 410-9889 101 East Gaines Street Fax: (850) 410-9663 Tallahassee, Florida 32399-0379 Phone: (850) 410-9889 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. Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. Page 7 of 8 DATED and SIGNED this 2- Day of AMVAI- 2016. DREW J. BREAKSPEAR ffice of Financial Regulation Fla. Bar No. 0506877 400 W. Robinson St., S-225 Orlando, Florida 32801-1799 (407) 245-0601; fax (407) 245-0806 jennifer.lozano@flofr.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been furnished by certified U.S. Mail, Return Receipt Requested, to CASH SERVICES INC. d/b/a CASH PLUS and THOMAS MOSER, at 10200 Sout 1, Port St. Lucie, FL 34952-5615, this 2’ “day of Niay2016. 91 7199 9991 7036 989? 4393 .S. Highway igh Blakeman Page 8 of 8

Docket for Case No: 17-001969