ORDER SUMMARY – Case Number

Name(s):

ORDER SUMMARY ? Case Number: C-18-2526

Intercontinental Capital Group, Inc. Dustin Anthony DiMisa

Order Number: Effective Date: NMLS Identifiers:

License Effect:

C-18-2526-19-CO01 July 11, 2019 Intercontinental Capital Group, Inc. ? 60134 Dustin Anthony DiMisa ? 65398

N/A

Not Apply Until: Not Eligible Until: Prohibition/Ban Until: Investigation Costs

N/A N/A N/A $ 1,525

Paid

Date

Y N 7/10/19

Fine ($100,000 to be paid, $ 150,000 $50,000 stayed)

$100,000 due in monthly installments of $10,000; additional $50,000 due only if stay is lifted

Paid Y

Date N

Assessment(s)

$

Due

Paid

Date

Y N

Restitution

$

Due

Paid

Date

Y N

Financial Literacy and $

Due

Education

Paid

Date

Y N

Cost of Prosecution

$

Due

No. of Victims:

Paid

Date

Y N

Comments:

1

STATE OF WASHINGTON

DEPARTMENT OF FINANCIAL INSTITUTIONS

2

DIVISION OF CONSUMER SERVICES

3 IN THE MATTER OF DETERMINING Whether there has been a violation of the

4 Consumer Loan Act of Washington by:

No.: C-18-2526-19-CO01 CONSENT ORDER

5 INTERCONTINENTAL CAPITAL GROUP, INC. d/b/a FELLOWSHIP HOME LOANS,

6 NMLS NO. 60134, and

7 DUSTIN A. DIMISA, NMLS NO. 65398,

8

Respondents.

9 COMES NOW the Director of the Department of Financial Institutions (Director), through his

10 designee Richard St. Onge, Division of Consumer Services Acting Division Director, and

11 Intercontinental Capital Group, Inc. (Respondent ICG) and Dustin Anthony DiMisa (Respondent

12 DiMisa), and finding that the issues raised in the above-captioned matter may be economically and

13 efficiently settled, agree to the entry of this Consent Order. This Consent Order is entered pursuant to

14 chapter 31.04 of the Revised Code of Washington (RCW), and RCW 34.05.060 of the Administrative

15 Procedure Act, based on the following:

16 AGREEMENT AND ORDER

17 The Department of Financial Institutions, Division of Consumer Services (Department) and

18 Respondents have agreed upon a basis for resolution of the matters alleged in Statement of Charges

19 No. C-18-2526-19-SC01, entered March 6, 2019, (copy attached hereto). Pursuant to chapter 31.04

20 RCW, the Consumer Loan Act (Act), and RCW 34.05.060 of the Administrative Procedure Act,

21 Respondents hereby agree to the Department's entry of this Consent Order and further agree that the

22 issues raised in the above-captioned matter may be economically and efficiently settled by entry of

23 this Consent Order. The parties intend this Consent Order to fully resolve the Statement of Charges.

24 CONSENT ORDER

1

C-18-2526-19-CO01

INTERCONTINENTAL CAPITAL GROUP, INC. D/B/A

FELLOWSHIP HOME LOANS AND DUSTIN ANTHONY

DIMISA

DEPARTMENT OF FINANCIAL INSTITUTIONS Division of Consumer Services 150 Israel Rd SW PO Box 41200 Olympia, WA 98504-1200 (360) 902-8703

1

Based upon the foregoing:

2

A. Jurisdiction. It is AGREED that the Department has jurisdiction over the subject matter

3 of the activities discussed herein.

4

B. Waiver of Hearing. It is AGREED that Respondents have been informed of the right to a

5 hearing before an administrative law judge, and hereby waive their right to a hearing and any and all

6 administrative and judicial review of the issues raised in this matter, and of the resolution reached

7 herein. Accordingly, Respondents, by their signatures or the signatures of their representatives below,

8 withdraw their appeal to the Office of Administrative Hearings.

9

C. Cease and Desist. It is AGREED and ORDERED that Respondents will cease and desist

10 from engaging in conduct that violates the Act, including, but not limited to, directly or indirectly

11 engaging in any unfair or deceptive practice toward any person and distributing any false, deceptive,

12 or misleading advertising.

13

D. Fine (Partially Stayed). It is AGREED and ORDERED that Respondents are jointly and

14 severally liable to the Department for a fine of $150,000. It is further AGREED and ORDERED that

15 $100,000 of the fine shall be paid pursuant to Paragraph F, and that payment of the $50,000 balance

16 (the "Stayed Fine") shall be stayed for two years contingent upon compliance with this Consent

17 Order, compliance with the Act, and the results of the examination described in Paragraph G.

18

E. Investigation Fee. It is AGREED and ORDERED that Respondents are jointly and

19 severally liable for and shall pay to the Department an investigation fee of $1,525. It is further

20 AGREED and ORDERED that the investigation fee shall be paid pursuant to Paragraph F.

21

F. Payments. It is AGREED and ORDERED that Respondents shall pay the investigative

22 fee and $10,000 of the fine upon delivery to the Department of this signed Consent Order, in the form

23 of a $11,525 cashier's check made payable to the "Washington State Treasurer." It is further

24 CONSENT ORDER

2

C-18-2526-19-CO01

INTERCONTINENTAL CAPITAL GROUP, INC. D/B/A

FELLOWSHIP HOME LOANS AND DUSTIN ANTHONY

DIMISA

DEPARTMENT OF FINANCIAL INSTITUTIONS Division of Consumer Services 150 Israel Rd SW PO Box 41200 Olympia, WA 98504-1200 (360) 902-8703

1 AGREED and ORDERED that beginning on the last day of the month immediately following entry

2 of this Consent Order, Respondents shall commence making monthly payments of $10,000 to the

3 Department, in the form of cashier's checks made payable to the "Washington State Treasurer," until

4 $100,000 of the fine is paid.

5

G. Compliance Examination. It is AGREED and ORDERED that subject to the

6 Department's availability, within two years of the entry of this Consent Order, at Respondent ICG's

7 cost, the Department will conduct a compliance examination of Respondents' business practices,

8 policies, and procedures, including Respondents' compliance with this Consent Order. At the

9 conclusion of the compliance examination, a Risk Rating will be generated by the Department. It is

10 further AGREED and ORDERED that a Risk Rating of 1 or 2 will result in the Stayed Fine expiring

11 without further notice or action by the Department; a Risk Rating of 3 may result in the Department

12 lifting the stay and imposing the Stayed Fine on Respondents pursuant to Paragraph H; and a Risk

13 Rating of 4 or 5 will result in the Department lifting the stay, imposing the Stayed Fine on

14 Respondents pursuant to Paragraph H, and may result in the imposition of other sanctions.

15

H. Lifting Stay and Imposition of Stayed Fine. It is AGREED and ORDERED that:

16

1. If, during the two-year stay of the fine, the Department determines Respondents

have not complied with the Act or this Consent Order, or if Respondent ICG

17

receives an examination rating of 3, 4, or 5, the Department may lift the stay and

impose the Stayed Fine.

18

2. If the Department seeks to lift the stay and impose the Stayed Fine, the Department

19

will first serve Respondents with a written notice of alleged noncompliance.

20

3. The notice will include:

a. A description of the alleged noncompliance;

21

b. A statement that the Department seeks to lift the stay and impose the Stayed

Fine;

22

c. Notice that Respondents can contest the notice of alleged noncompliance by

either requesting an adjudicative hearing before an Administrative Law Judge

23

(ALJ) from the Office of Administrative Hearings or by submitting a written

response to the Department contesting the alleged noncompliance; and

24 CONSENT ORDER

3

C-18-2526-19-CO01

INTERCONTINENTAL CAPITAL GROUP, INC. D/B/A

DEPARTMENT OF FINANCIAL INSTITUTIONS Division of Consumer Services 150 Israel Rd SW

FELLOWSHIP HOME LOANS AND DUSTIN ANTHONY

PO Box 41200

DIMISA

Olympia, WA 98504-1200 (360) 902-8703

1

d. Notice that the process for lifting the stay applies only to this Consent Order.

2

4. Respondents have 20 days from the date of service of the notice of alleged

noncompliance to submit a written request to the Department for an adjudicative

3

hearing.

4

5. The scope and issues of the adjudicative hearing are limited solely to whether or

not Respondents are in violation of the terms of the Act, this Consent Order, or

5

that Respondents received an examination rating of 3, 4, or 5.

6

6. At the conclusion of the adjudicative hearing, the ALJ will issue an initial

decision. Either party may file a Petition for Review of that initial decision with

7

the Director of the Department.

8

7. Default. If either Respondent does not timely request an adjudicative hearing or

submit a written response contesting the notice of alleged noncompliance, the

9

Department may lift the stay and impose the Stayed Fine as to that Respondent

without further notice.

10

I. Expiration of Stayed Fine. It is AGREED that, absent an action by the Department to lift

11

the stay and impose the Stayed Fine pursuant to Paragraph H, the Stayed Fine shall expire two years

12

from the date of entry of this Consent Order.

13

J. No Admission or Denial of Wrongdoing. It is AGREED that Respondents neither admit

14

nor deny any wrongdoing by the entry of this Consent Order.

15

K. Change of Address. It is AGREED that for the duration of the period this Consent Order

16

is in effect, unless otherwise agreed to in writing by the Department, Respondents shall provide the

17

Department with a mailing address and telephone number at which Respondents can be contacted and

18

Respondents shall notify the Department in writing of any changes to their mailing address or

19

telephone number within 15 days of any such change.

20

L. Authority to Execute Order. It is AGREED that the undersigned have represented and

21

warranted that they have the full power and right to execute this Consent Order on behalf of the

22

parties represented.

23

24 CONSENT ORDER

4

C-18-2526-19-CO01

INTERCONTINENTAL CAPITAL GROUP, INC. D/B/A

FELLOWSHIP HOME LOANS AND DUSTIN ANTHONY

DIMISA

DEPARTMENT OF FINANCIAL INSTITUTIONS Division of Consumer Services 150 Israel Rd SW PO Box 41200 Olympia, WA 98504-1200 (360) 902-8703

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