California Department of Financial Protection and Innovation License Defense Attorney

California DFPI License Defense Lawyer

The California Department of Financial Protection and Innovation, known as the DFPI, licenses several hundred thousand Licensees in the State of California. Most California Licensees have minimal or no contact with the enforcement arm of the California Department of Financial Protection and Innovation. For Licensees who become part of the California Department of Financial Protection and Innovation disciplinary process, the consequences are profound. The DFPI License disciplinary process is complex, procedural and time consuming. Licensees facing the California Department of Financial Protection and Innovation disciplinary process should seek legal representation from an experienced California Department of Financial Protection and Innovation License Defense Attorney.

The California Department of Financial Protection and Innovation issues the following types of licenses:

• Deferred Deposit Transactions Lender
• Escrow Agent
• Finance Lender
• Investment Advisor
• Mortgage Loan Originator (MLO)
• NMLS
• Payday Lender (Deferred Deposit Originator)
• Residential Mortgage Lender

California Department of Financial Protection and Innovation Investigation Defense Lawyer

The majority of California Department of Financial Protection and Innovation investigations begin with the filing of a consumer Complaint. However, California Department of Financial Protection and Innovation Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Department of Financial Protection and Innovation utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Financial Protection and Innovation employs sworn Peace Officer Investigators to conduct criminal investigations against Licensees. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Department of Financial Protection and Innovation disciplinary process. At the conclusion of a California Department of Financial Protection and Innovation investigation, the Department has several options. The Department can choose to close the Complaint. The Department can choose to issue a Citation. The Department can also choose to refer the matter to the California DFPI Legal Enforcement Office. The DFPI Legal Enforcement Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Department may refer the case to the District Attorney’s Office for criminal prosecution. If you are a licensee facing a California Department of Financial Protection and Innovation investigation, contact a California Department of Financial Protection and Innovation License Defense Attorney for representation.

California DFPI Accusation Defense Attorney

A formal Accusation served on a California DFPI licensee serves as notice to a licensee that the Department intends to revoke the license. The licensee, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the licensee. A Default will result in the immediate Revocation of the license.

An Accusation is a serious matter that can result in the suspension or revocation of a DFPI License in California. In many cases, it is possible for Licensees to reach a Stipulated Agreement with the DFPI Legal Enforcement Office and the California Department of Financial Protection and Innovation. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH). Licensees facing a California Department of Financial Protection and Innovation Accusation should contact an experienced California Department of Financial Protection and Innovation License Defense Attorney for representation.

California Department of Financial Protection and Innovation Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Department of Financial Protection and Innovation can adopt, modify or reject the ALJ’s Proposed Decision. The California Department of Financial Protection and Innovation action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a licensee to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the licensee can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order. California Licensees facing a California Department of Financial Protection and Innovation Administrative Law Hearing need effective representation from a California Department of Financial Protection and Innovation License Defense Lawyer.

California Department of Financial Protection and Innovation and Criminal Convictions

The California Department of Financial Protection and Innovation can discipline licensees for criminal convictions. California Department of Financial Protection and Innovation discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a licensee. Common criminal offenses that can cause DFPI License discipline are:

The California Department of Financial Protection and Innovation and other law enforcement agencies also investigate criminal conduct by Licensees in the course and scope of their practice. Criminal investigations often involve Licensees engaged in Elder Financial Abuse, Forgery, Fraud and Theft. In serious criminal cases against Licensees pending in Criminal Court, the California Department of Financial Protection and Innovation and the California DFPI Legal Enforcement Office may seek a California Penal Code § 23 Order against the licensee. A California Penal Code § 23 Order seeks to suspend a DFPI License in Criminal Court. Licensees facing criminal charges and Licensees who are convicted of criminal offenses need an experienced California Department of Financial Protection and Innovation License Defense Attorney for representation in disciplinary proceedings before the California Department of Financial Protection and Innovation.

California Department of Financial Protection and Innovation Desist and Refrain Order Defense Lawyer

The California Department of Financial Protection and Innovation maintains authority to issue Desist and Refrain Orders. Desist and Refrain Orders are issued to businesses and individuals in violation of DFPI rules and regulations. Administrative penalties for Desist and Refrain Orders are significant. Businesses and individuals possess the right to challenge a Desist and Refrain Order through the Office of Administrative Hearings (OAH). In many instances of unlawful activity, Respondents can enter into a Consent Order with the Department of Financial Protection and Innovation. Common actions leading to DFPI Desist and Refrain Orders include:

• Ponzi schemes
• Pyramid Schemes
• Unauthorized issuer transactions
• Unauthorized pooled investor funds
• Unauthorized sale of charitable installment purchase plans
• Unauthorized sale of investment contracts
• Unauthorized sale of participation agreements
• Unauthorized sale of promissory notes
• Unauthorized sale of securities
• Unauthorized sale of stock

Business and individuals facing a DFPI Desist and Refrain Order require representation by an experienced California Department of Financial Protection and Innovation Desist and Refrain Order Defense Attorney.

California DFPI Statement of Issues Attorney

The California Department of Financial Protection and Innovation thoroughly investigates all applicants for DFPI Licenses. The California Department of Financial Protection and Innovation may deny a license to students and licensees from other states and countries. Most California Department of Financial Protection and Innovation denials occur due to criminal convictions, financial problems or misstatements on the license application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a DFPI License should contact a California Department of Financial Protection and Innovation License Denial Lawyer for representation in a California Department of Financial Protection and Innovation Statement of Issues Hearing.