Order No. 2009-053
In The Matter Of:
Adame Envios, LLC
Freddy Adame, Individually and As Managing Member of Adame Envios, LLC
Before The Banking Commissioner of Texas
Austin, Travis County, Texas
Order To Cease and Desist From Engaging In The Unauthorized Business Of Money Transmission and To Give Certain Notices
On this day, the matter of Adame Envios, LLC and Freddy Adame, individually and as managing member of Adame Envios, LLC, (Respondents), located in Houston, Texas, was submitted to the Banking Commissioner (Commissioner) of the State of Texas, for consideration and action.
Based upon the records of the Texas Department of Banking (Department), the Department’s investigation, and other credible evidence, I find that:
Respondent Adame Envios, LLC (Adame Envios) is a Texas limited liability company. It is located at 3200 Telephone Road, Houston, Texas 77023. Its managing member is Freddy Adame (Adame).
The Texas Department of Banking (Department) regulates money transmission under Texas Finance Code Chapter 151.
A person may not engage in the business of money transmission unless he is licensed, an authorized delegate, excluded from licensure or been granted an exemption. Texas Finance Code § 151.302.
Adame Envios has served as an authorized delegate under Texas Finance Code § 151.402, but it does not have a money transmission license.
In late June and early July 2009, Respondents took money from persons to transmit between Houston, Texas and Mexico. Although the receipts given to the customers indicated Adame Envios was acting as an authorized delegate for Secure Cash Network, Inc. (Secure Cash), a licensee, Secure Cash informed the Department that these transactions were neither authorized by it nor processed through Secure Cash’s payment system. Respondents then closed their doors and refused to give the customers their money for several days or weeks.
Pursuant to Texas Finance Code § 151.702, if the commissioner has reason to believe than an unlicensed person has engaged in an activity for which a license is required under Chapter 151, the commissioner may order the person to cease and desist from the violation until the person is issued a license under this chapter.
The credible evidence establishes that Respondents have engaged in the unauthorized and unlicensed conduct of money transmission in Texas in violation of the provisions of the Texas Finance Code § 151.302.
Pursuant to Texas Finance Code § 151.705(a), the commissioner may issue an order to cease and desist if he finds that an action, violation, or condition listed in § 151.704 exists with respect to an authorized delegate and a cease and desist order is necessary to protect the interests of the license holder, the purchasers of the license holder’s money services, or the public.
Pursuant to Texas Finance Code § 151.705(b), a cease and desist order may require an authorized delegate to cease and desist from the action or violation or to take affirmative action to correct any condition resulting from or contributing to the action or violation, and the requirements of the order may apply to a principal or responsible person of the authorized delegate.
The credible evidence establishes that Adame Envios has violated Texas Finance Code §§ 151.704 (a)(1), (3), (4), and (5).
A cease and desist order is necessary to protect the interests of the purchasers of money transmission services and the public.
In accordance with the Texas Finance Code, §§ 151.702 and 151.705, I order as follows:
Respondent Adame Envios, LLC, its principals and responsible persons, and Freddy Adame, individually and as managing member of Adame Envios, LLC, are ORDERED to cease and desist from engaging in the unauthorized business of money transmission in Texas, whether conducted through Respondents’ activities or through those of others, including advertising and soliciting funds from the public for money transmission;
Freddy Adame is further ORDERED to give the Department written notice, within seven days of the effective date of this order, of the name of each Texas money services licensee for whom he, or an entity of which he is a principal or a responsible person, is an authorized delegate; and
Freddy Adame is further ORDERED, as a continuing obligation, to give the Department written notice, within seven days of the signing of a new authorized delegate contract by either him or by an entity of which he is a principal or a responsible person, of the name of the Texas money services licensee who is the other party to the contract.
IV. Effective Dates
Pursuant to Texas Finance Code § 151.709(b)(4) this Order take effect on December 9, 2009, unless Respondent(s) file(s) a written request for a hearing with the Commissioner on or before the 20th day after the date the Order is delivered pursuant to Texas Finance Code § 151.709(b)(5).
Pursuant to Texas Finance Code § 151.709(b)(3), the Department of Banking will serve this Order by certified mail, return receipt requested, to Freddy Adame and Adame Envios, LLC at their place of business, 3200 Telephone Road, Houston, Texas 77023; to Freddy Adame’s residence at 7325 Ashburn, Houston, Texas 77061; and to Adame Envios, LLC by service on its registered agent, The Flores Law Group, PLLC, 3401 Allen Parkway, Suite 101, Houston, Texas 77019 on the 9th day of November, 2009.
Signed on this 9th day of November, 2009.
/s/ Charles G. Cooper
Charles G. Cooper
Texas Banking Commissioner