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OFFICE OF SECURITIES
121 STATE HOUSE STATION
AUGUSTA, ME 04333
CEASE AND DESIST
CEASE AND DESIST ORDER
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. Marketing Solutions International, Inc.
(“Marketing Solutions”) was incorporated in
2. Consolidated Marketing Group, LC
(“Consolidated Marketing”) was incorporated in
3. Marketing Solutions has purported to offer an “internet success coaching program” where “you will find ideas for your internet business, website development and marketing both online and offline.”
5. Furthermore, on or about June 23, 2003, the
Product Description Quantity
Smart Web Stores Marketing Package 1
Executive Mentoring 12
Web Traffic Solutions – 2000 Unique Visitors 2
Search Engine Submissions (10 pages) 1
6. Upon this payment, the Maine consumer was provided a toll-free number to obtain her “executive mentoring,” i.e., assistance from “web coaches” to set up her website. However, the assistance that the Maine consumer received was minimal and inadequate.
7. Marketing Solutions and Consolidated Marketing have accordingly sold services and products to the Maine consumer for the purpose of enabling the Maine consumer to start a business pursuant to 32 M.R.S.A. § 4691(3).
8. Pursuant to 32 M.R.S.A. § 4696, the seller of a business opportunity shall register with the Administrator prior to selling, offering to sell, advertising or undertaking any other act relating to the promotion of business opportunities in Maine.
9. The Maine Office
of Securities (“the Office”) has no record that either Marketing Solutions or
Consolidated Marketing is, or was at all times relevant to this matter, registered
as a business opportunity in
10. Pursuant to 32 M.R.S.A. § 4692, the seller of a business opportunity shall provide all purchasers with a disclosure statement meeting the requirements of 32 M.R.S.A. § 4691 et seq.
12. Pursuant to 32 M.R.S.A. § 4699(1), it shall be unlawful for any seller of a business opportunity to fail to comply with any provision of 32 M.R.S.A. § 4691 et seq., including, but not limited to:
A. failing to register pursuant to 32 M.R.S.A. §§ 4696 and 4697;
B. failing to provide all purchasers of the business opportunity with a disclosure statement as required by 32 M.R.S.A. § 4692.
13.On June 1, 2004, the Office sent a certified letter to Marketing Solutions, notifying it that it had been offering, selling, and advertising business opportunities in Maine contrary to the provisions of 32 M.R.S.A. § 4691 et seq. The Office requested that Marketing Solutions provide a list of all Maine persons who had purchased its business opportunity. The Office further requested that Marketing Solutions make rescission offers to all such Maine persons.
14. Marketing Solutions has failed to respond to the Office’s letter.
15. On June 6, 2005, the Office sent a certified letter to Consolidated Marketing, notifying it that it had been offering, selling, and advertising business opportunities in Maine contrary to the provisions of 32 M.R.S.A. § 4691 et seq. The Office requested that Consolidated Marketing provide a list of all Maine persons who had purchased its business opportunity. The Office further requested that Consolidated Marketing make rescission offers to all such Maine persons.
dated June 20, 2005, attorneys for Consolidated Marketing informed the Office
that Consolidated Marketing ceased operations in early 2004 and had no assets
from which the
17.For the reasons stated above, the Administrator reasonably believes that Marketing Solutions and Consolidated Marketing have engaged, are engaging or are about to engage in acts or practices constituting violations of 32 M.R.S.A. § 4691 et seq.
18. On August 18, 2005, the Administrator issued a Notice of Intent to Issue a Cease and Desist Order. The Notice gave Marketing Solutions and Consolidated Marketing thirty (30) days to request a hearing on the matter. To date, no hearing has been requested.
Now, therefore it is ORDERED that Marketing Solutions and Consolidated Marketing immediately CEASE AND DESIST from violating any provisions of the Regulations of the Sales of Business Opportunities, 32 M.R.S.A. § 4691 et seq.
Pursuant to 32 M.R.S.A. § 4700(5), this is a final order, entered after notice and opportunity for hearing. A party to this order may obtain judicial review of the order in Superior Court by filing a petition within thirty (30) calendar days after receipt of the order, in accordance with 5 M.R.S.A. § 1101 et seq. and Rule 80C of the Maine Rules of Civil Procedure.
Date: 9/20/2005 /s/ Michael J. Colleran
Michael J. Colleran
Date: 9/19/2005 /s/ Bonnie E. Russell
Bonnie E. Russell
Assistant Securities Administrator
Date: 9/19/2005 /s/ Michael W. Atleson
Michael W. Atleson
Date: 9/19/2005 /s/ Christian D. Van Dyck
Christian D. Van Dyck