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Temporary Order to Cease and Desist

Temporary Order to Cease and Desist  Family Market

Date: 06/30/2005
Organization: Division of Banks
Docket Number: 2005-015
Location: Peabody, MA
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Family Market, Peabody, MA - Temporary Order to Cease and Desist

COMMONWEALTH OF MASSACHUSETTS

Suffolk, SS.

COMMISSIONER OF BANKS
FOREIGN TRANSMITTAL
AGENCY LICENSING
LICENSING
Docket No. 2005-015

FINDINGS OF FACT AND TEMPORARY ORDER TO CEASE AND DESIST

In the Matter of
MARIO VIANA
JULIO VIANA and
FAMILY MARKET
Peabody, Massachusetts

Foreign Transmittal Agency License No. FT3874

WHEREAS FAMILY MARKET, located at 47 Main Street, Peabody, Massachusetts is authorized to engage in the business of a foreign transmittal agency, pursuant to the authority granted under license number FT3874, as a branch location of Vigo Remittance Corporation in accordance with Massachusetts General Laws chapter 169, section 6 and the Division of Banks' ("Division") regulation 209 CMR 44.09(1),

WHEREAS on June 29, 2005, Vigo Remittance Corporation, Sunrise, Florida, a licensed foreign transmittal agency under Massachusetts General Laws chapter 169, section 3, submitted written notification to the Commissioner of Banks ("Commissioner") whereby Vigo Remittance Corporation sought authorization to request the cancellation of its foreign transmittal agency license number FT3874,

WHEREAS the Commissioner, having determined further that MARIO VIANA, JULIO VIANA, and FAMILY MARKET, have allegedly engaged, or are engaged in, or are about to engage in, acts or practices constituting violations of Massachusetts General Laws chapter 169 and applicable regulations found at 209 CMR 44.00 et seq.,

The Commissioner hereby issues the following FINDINGS OF FACT AND TEMPORARY ORDER TO CEASE AND DESIST ("TEMPORARY ORDER") pursuant to Massachusetts General Laws chapter 169, section 13(b).

FINDINGS OF FACT

  1. The Division, through the Commissioner, has jurisdiction over the licensing and regulation of persons engaged in the business of a foreign transmittal agency pursuant to Massachusetts General Laws chapter 169, section 7.

  2. MARIO VIANA is the sole owner and manager of FAMILY MARKET, located at 47 Main Street, Peabody, Massachusetts according to records maintained on file with the Division.

  3. JULIO VIANA participates in the operation of the licensed business conducted by FAMILY MARKET at 47 Main Street, Peabody, Massachusetts.

  4. The Commissioner issued Vigo Remittance Corporation's license to engage in the business of a foreign transmittal agency, by and through FAMILY MARKET operating on Vigo Remittance Corporation's behalf, at 47 Main Street, Peabody, Massachusetts on April 13, 2005, according to records maintained on file with the Division.

  5. On or about June 22, 2005, an affidavit (the "Affidavit"), completed by Special Agent Derek M. Dunn, United States Immigration and Customs Enforcement Division, United States Department of Homeland Security was filed in support of a criminal complaint filed therewith against MARIO VIANA and JULIO VIANA in the United States District Court, District of Massachusetts at Worcester.

  6. On June 29, 2005, a representative of the Division, in the performance of his official duties, contacted a representative of Vigo Remittance Corporation to discuss the information obtained by the Division relative to the criminal compliant(s) filed against MARIO VIANA and JULIO VIANA, respectively.

  7. On June 29, 2005, subsequent to the events referenced in Paragraph 6 of this TEMPORARY ORDER, Vigo Remittance Corporation delivered to the Division an electronic mail message whereby Vigo Remittance Corporation requested authorization from the Division to surrender its foreign transmittal agency license, number FT3874, which had been obtained to engage in the licensed business through FAMILY MARKET at the 47 Main Street, Peabody, Massachusetts location.

  8. The sworn statements, set forth and attested to in the Affidavit, allege, in part, that MARIO VIANA and JULIO VIANA operated an unlicensed money transmitting business, during the relevant time period beginning on or about January 6, 2004 until July 21, 2004, in violation of 18 U.S.C. § 1960(a).

  9. The sworn statements, set forth and attested to in the Affidavit, allege, in part, that that JULIO VIANA structured transactions to evade transaction reporting requirements in violation of 31 U.S.C. § 5324(a)(3).

    CONCLUSIONS OF LAW

  10. Based upon the information contained in paragraphs 1 through 9, Vigo Remittance Corporation possesses the authority granted under Massachusetts General Laws chapter 169, section 12 to surrender foreign transmittal agency license number FT3874.

  11. Based upon the information contained in paragraphs 1 through 9, MARIO VIANA, JULIO VIANA, and FAMILY MARKET, as of June 29, 2005, are no longer authorized, either individually or collectively, to engage in the business of a foreign transmittal agency in Massachusetts on behalf of Vigo Remittance Corporation under license number FT3874.

  12. Based upon the information contained in paragraphs 1 through 9, MARIO VIANA, JULIO VIANA, and FAMILY MARKET are not otherwise exempted from the licensing requirements of Massachusetts General Laws chapter 169, section 6 for those engaged in the business of a foreign transmittal agency in Massachusetts.

  13. Based upon the information contained in paragraphs 1 through 9, the alleged facts set forth in the Affidavit referenced in Paragraph 5 of this TEMPORARY ORDER are related to the conduct of the business of a foreign transmittal agency in Massachusetts.

  14. Based upon the information contained in paragraphs 1 through 9, the Commissioner has determined that:

    1. MARIO VIANA, JULIO VIANA, and FAMILY MARKET have failed to demonstrate the character, reputation, integrity, and general fitness that would warrant the belief that the business has been, is, or will be operated honestly, fairly, soundly and efficiently in the public interest in accordance with the standards governing the licensing and conduct of a foreign transmittal agency including, but not limited to, the provisions of Massachusetts General Laws chapter 169, section 6, and the Division's regulations at 209 CMR 44.00 et seq.; and

    2. The public interest will be irreparably harmed by delay in issuing an
      ORDER TO CEASE AND DESIST against MARIO VIANA, JULIO VIANA, and FAMILY MARKET.

  15. Based upon the information contained in paragraphs 1 through 9, had the facts and conditions found therein existed at the time of Vigo Remittance Corporation's original foreign transmittal agency license application for the 47 Main Street, Peabody, Massachusetts location, the Commissioner would have been warranted in refusing to issue such license. Further, the facts and conditions set forth in paragraphs 1 through 9, if finally determined, would present sufficient grounds for the revocation of Vigo Remittance Corporation's foreign transmittal agency license, number FT3874, pursuant to Massachusetts General Laws chapter 169, section 12 and the Division's regulation at 209 CMR 44.04(2)(b)(1).

    ORDER TO CEASE AND DESIST

    After taking into consideration the FINDINGS OF FACT and CONCLUSIONS OF LAW stated herein, it is hereby:

  16. ORDERED that MARIO VIANA, JULIO VIANA, and FAMILY MARKET, and any and all employees, independent contractors, or agents operating on behalf of FAMILY MARKET, and their successors or assigns, shall immediately cease and thereafter desist from engaging in the activities of a foreign transmittal agency, as defined under Massachusetts General Laws chapter 169, section 6, not otherwise expressly permitted by the terms of this TEMPORARY ORDER. Therefore, MARIO VIANA, JULIO VIANA, and FAMILY MARKET shall not accept or receive any deposits of money from Massachusetts consumers for the purpose of transmitting the same, or equivalents thereof, to a foreign location.

  17. IT IS FURTHER ORDERED that MARIO VIANA, JULIO VIANA, and FAMILY MARKET, shall immediately effect the transmittal of any amounts deposited by a Massachusetts consumer and held by FAMILY MARKET as of the effective date of this TEMPORARY ORDER in accordance with the standards set forth in Massachusetts General Laws chapter 169, section 6, and the Division's regulations at 209 CMR 44.00 et seq.

  18. IT IS FURTHER ORDERED that MARIO VIANA, JULIO VIANA, and FAMILY MARKET, shall provide the Division, within twenty (20) days of the effective date of this TEMPORARY ORDER, a complete record of all monies received and transmitted by MARIO VIANA, JULIO VIANA, and FAMILY MARKET during the period from April 13, 2005 through the effective date of this ORDER. The records to be produced shall include, but are not limited to, the names and addresses of all individuals who have deposited money for the purpose of transmitting the same or equivalents thereof to foreign countries, the amount of each transmittal, the transaction numbers, and the total fees charged on each transaction.

  19. IT IS FURTHER ORDERED that this TEMPORARY ORDER shall become effective immediately and shall remain in effect unless set aside, limited, or suspended by the Commissioner or upon court order after review under Massachusetts General Laws chapter 30A.

  20. IT IS FURTHER ORDERED that a hearing will be scheduled on this matter to determine whether or not such TEMPORARY ORDER shall become permanent and final only upon receipt of a written request for such a hearing from MARIO VIANA, JULIO VIANA, and FAMILY MARKET within twenty (20) days of the effective date of this TEMPORARY ORDER. If no hearing is requested within this twenty (20) day period, this TEMPORARY ORDER shall become permanent and final until it is modified or vacated by the Commissioner.

BY ORDER AND DIRECTION OF THE COMMISSIONER OF BANKS:

Dated at Boston, Massachusetts, this 30th day of June, 2005.

By: Steven L. Antonakes
Commissioner of Banks

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