RELIEF· AND · CONSUMER DEBT RELIEF, INC., ("NWCDR'') and BOBBY R. BLACKMON...
Transcript of RELIEF· AND · CONSUMER DEBT RELIEF, INC., ("NWCDR'') and BOBBY R. BLACKMON...
IN THE CiRcurr COURT OF THE SKVENTEETH JUDICIAL CIRCUIT IN AND FOR BROW ARD COUNl'Y, FLORIDA
OFFICE OF THE AITORNEY GENERAL. DEPARTMENT OF LEGAL AFFAIRS, STATE 011' FLORIDA,
Plalntlft,
v.
FINANCIAL HELP SERVICES, INC., an Arkansas corporation registered in Florida as a Foreign Non-Profit Corporation, NATION WIDE CONSUMER DEBT RELIEF, INC., a.Florida Profit Corporation, and BOBBY R. BLACKMON, an fn.dlvldaalt
Defendantl.
Case No.: CACE -lS-012403
CONSENT FINAL JUDGMENT AND ORDER .FOR PERMANENT INJUNCTION AGAINST DEFENDANTS
FINANCIAL HELP SERVICES, INC., NATION WIDE CONSUMER DEBT RELIEF· INC. AND BOBBY R.·BLACKMQ~
Plaintif( OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL
AFFAIRS, STATE OJI' FLORIDA (''ATrORNEY GENERAL" or "DEPARTMENT"), and
DEFENDANTS, FINANCIAL HELP SERVICES, INC., ("FBS"), NATION WIDE
CONSUMER DEBT RELIEF, INC., ("NWCDR'') and BOBBY R. BLACKMON
("BLACKMON")(collectively "CONSENT DEFENDANTS") by alld through their counsel.
Michael B. Cohen, have agreed t.o and consent to the entry of this Consent Final Judgment and
Permanent Injunction ("JUDGMENT" or "CONSENT F'INAL JUDGMENT'j by the Court.
Baeklri>DBd
Case No. 15-012403 Consent Final Judgment
WHEREAS, the ATTORNEY GENERAL alleges that dttting the applicable time
period, CONSENT DEl'ENDANTS marketed and aold putative debt management andfor credit
OOUllJeJing savices that claim to improve consumers• credit by assisting consumen reduce their
debt faster than consumers wad be able 1D without CONSENT DEFENDANTS' services, as
well as provide oth.c:r benefits to oonsumen.
WHERE.AS, the A Tl'ORNEY GENERAL alleges that as part of thete purported debt
management and/or credit counseling services, CONSENT DEFENDANTS claimed to
negotiate, typically low or no interest, rq>ayment plans with consmnen.' creditors and then
mamge consumers' monthly payments to creditors pursuant to tbcao repayment plans.
WBEREAS, the ATTORNEY GENERAL alleges that, despite eollecting moothly
payments from corummen, the CONSENT DEFENDANTS consistently failed to pay
oOnsum.ers' oreditOrs and, at ~s, fililed to even negotiate a repayment plan for their clients.
WHEREAS, the ATIORNEY GENERAL alleges that as . a result of the
DEFENDANTS' acts and practices, oansumers who engaged CONSENT DEFENDANTS to
proactively address consumcn• aalit and debt ~ coded up with delinquent account8, large
penalties, interest fees, and negative-information on their credit records.
WHEREAS, die CONSENT DEFENDANTS enter into tb.iB Consent Final Judgment
without an admission that 'CONSENT DEFENDANTS violated Florida's Deceptive and Unfair
Tmde Practices Act, committed acts of civil theft, or otherwise violated any other law md solely
for the pU1pOBC of n::solution of thia matter with the ATl'ORNEY GENEltAL.
Page2 of25 /q.(JJ .. I:aitlab .
..
Cue No. 15-012403 Coment Pinal Judgment
WHEREAS, the ATfORNEY GENERAL 8Dd the CONSENT DEFENDANTS have
conaentcd to the jurisdiction of this Court, agree that -venue is proper in this Court, and further
8i"'O and'acknowledge that the Court will retain jurisdiction over this matt.er.
THEREFORE, by ex.press written agreement and consent of ATTORNEY GENERAL
and the CONSENT DEFENDANTS ("PARTIES"), the . CoUt1 hereby ORDERS,
ADJUDGES, and DECREES:
Final judgment i.I hereby entered on the CID8al of action asserted under dte Florida
Dc:ccptive and Unfair Trade Practices Act (Counts I. II. and IV) and Paragraph 812.012(1), Fla,
Stat., (Count II; Civil Theft) in favor of the Office of the Attorney General, De))artmmt of Legal
Affairs, State of Florida, 110 SB ti' Street, Fort Lauderdale, Florida 33301 and against
DEFENDANTS FINANCIAL HELP SERVICES, INC., NATION WIDE CONSUMER
DEBT REPAIR, INC., and BOBBY R. BLACKMON, each DEFENDANTS' address is 8421
Lalceview Trail; Parldand, Florida 33076~12 as follows:
L FINDINGS
1. This is an action fur injunctive reli~ damagc:S, civil pc:oalties, attorney's fees and
costl, and any other statutory rolief available, putSUant to tho FDUTPA, Chapter SOl, Part II, .I
Florida Statutes.
2. The complaint arose from an investigation wherein the ATrORNEY GENERAL, an
ape'1y of the state and the enforcing authority under the FDUTP A, detenn.incd that an
enforcement action sencd the public interest The ATTORNEY GENERAL had full authority
Page3oflS
C.ue No. 15...()12403 Coosent Pinal Judgm.mt
3. Only for the puq>oso of this action, the CONSENT DEFENDANTS admit the filcts
necessary to establish jwisdWtion.
4. Venue is proper in tbis Court because the actions at issue took place in more than one
coUllty in the State of Florida.
5. This Court has jurisdiction to enter a perm1111ent injunction and final judgment in this
matter.
6. COi~SENT DEFENDANT FBS is a non""Profit corporation cqanimd mulcr the
lawt of Arkanau on~ about December 18, 1990. JIBS applied for suthorization to conduct its
atfairl in Florida on or about November 2, 2012.
7. CONSENT DEFENDANT NWCDR is a for-profit oorporation organized unda' the
laws of Florida on m about May 1 O, 2006 with a principal place of business locatC(i'in Broward
County, Florida. .
8. CONSENT DEFENDANT BLACKMON is an adult male over the ap of eighteen
and· who resides in Browanl County, Florida.
9. AJ. all llll1tmW tim~ as alleged in 1he Complaint filed by the A'M'ORNEY
GENERAL, but prior to the appointment of the Receiver, CONSENT DEFENDANT
BLACKMON bas been the sole principal af NWCDR and beginning in or around 2013,
CONSENT DEFENDANT BLACKMON became the President of FHS. During the applicable
dme period~ CONSENT DEFENDANT BLACKMON was the controUing owner or officer of
FHS and NWCDR and essentially controlled and directed the busineu and operation of FHS
mdNWCDR.
Page4of25
CaseNo. 15-012403 Consent Fine! Judgment
10. CONSENT DEFENDANTS FRS and BLACKMON, at all relevant times, but prior
to the appointment of the Receiver, operated as a credit counseling agency within the definition
of §817.801(1) of Florida's Credit CounseliIJg Services Act (Chapter 817 Part N, §§817.801 ~
817.806, Fla. Stat).
11. CONSENT DEFENDANTS FHS and BLACKMON, at all relevant times, but prior
to the appointment of the' Receiver, advertised. solicited, offered and sold puiported ~t
COWllleling services within the definition of §817.801(4), Fla. Stat., of the Credit CounselingAot.
12. CONSENT DEFENDANTS NWCDR and BLACKMON, at all relevant times, but
prior to the appointment of the Receiver, advertised, solicitedt offered and eold purported credit
repair services within the definition of § 16791(3) of the Credit Repair Organizations Act 1 S
U.S.C. Section l679-1679j.
13. CONSENT DEFENDANTS, at all relevant times, but prior to the appointment of the
Receiver, solicited consumers within the definitions of Section 501.203(7), Florida Statutes.
14. CONSENT DEFENDANTS, at all relevant times, but prior to the appointment of the
Receiver, provided goods or semces as defined within Section SOl .203(8), Florida Statutes,
within the State of Florida and Broward County.
15. CONSENT DEFENDANTS, at all times relevant, but prior to the appointment of the
Receiver, engaged in trade and commerce in the State of Florida, es defined within Section.
501.203(8), Florida Statutes, including but not limited to, Broward County, in that they
advertised, solicited, offered, and· provided debt management services to Florida and non-Florida
consumers.
Page5of25 Initials
..
Case No. 15-012403 Consent Final Judgment
16. CONSENT DEFENDANTS, Ht all times relevan~ but prior to the appointment of the
RecC'ivcr, conducted business jn FloDda.
17. The ATIORNEY GENERAL alleges that consum.ers in the State of Florida were
actually injlRd by the unfilir and deoeptive practices of the CONSENT DEFENDANTS,
B. Procedural BaclcgrDUIUI
18. The AITORNEY GENERAL initiated llil investigation into allegations that
D~NDANTS engaged in acts or practices that were misleading, unfair, decc:ptivc or
tmc:omcionable.
19. On July 27, 2015, the ATTORNEY GENERAL filed its Complaint against the
DEFENDANTS alleging direct violations of FDUIP A, per sc FDlITP A violations based upon
violations cf the Credit Counseliog Services Act Chapter 817, Part IV, Fla. Stat.; Civil Theft
Statute, Section 812.014(1), Fla. Stat.; and the Credit Repair Organizations~ IS U.S.C. 1679-
l 79j, and sought the entry of an asset freeze, temporary injunction, and the appointment of a
Receiver.
20. On July 29, 2015, the Court issued its Order Granting Plaintiff's Motion for Ex Parte
Temporary Injunctive Reli~ Asset Freeze,. and Appointment of Receiver Without Notice,
wherein the Court appoimcd DANIBL J. STERMER as Receiver of DEFENDANTS FHS,
NWCDR, and BLACKMON (''RECEIVERSHIP ENTITIES").
C Consent to Connnt Final J'llllgmoit
21. The PARTIES hereby consent to the jurisdiQtion of this Court and to the entry of this
Consent Final Judgment.
Page6of25 (1. .f:J •, Inldab
caseNo. 15-01240.3 Consent Pinal Judgmeot
22. CONSENT DEFENDANT BLACKMON expressly rdnowledges that he has
obtained or had the opportunity to obtain 1he advice and counsel of en indepandent counsel of his
choosing to. assist in the negotiation and preparation cf this Judgment. CONSENT
DEFENDANT BLACKMON bu read this Judgment, is aware of its terma, hu voluntarily
executed it, end acknowledges that to· the axtent he has waived any rights or defenses by entry
into this Judgment, such waiver was nia.de voluntarily and with filll knowledge of the
ramifications of sod! waiver. Furtba', CONSENT DEFENDANT BLACKMON
adawwledges that this c.oosent Final Judgmmt oomtitutes the entire asrcemc:nt between the
CONSENT DEFENDANTS and the State of Florida in this matter.
23. CONSENT DEFENDANT BLACKMON states that no pmmisee of any kind or
nature wha~ever, other than the written terms cf this Consent Final Judgment, were nutde to
lnduco the CONSENT DEFENDANl'S into emmng into this Consent Final Judgment
24. This document is signed in anticipation of this Judgment being submitted to the Court
for liJJPWVal, without necessity ofht.arin& whidl ts hereby W AIVBD by all parties.
ll.ORDEB.
i. Permment Ben on Debt Mnpppmmt Credit Counseling. Credit R.Qlair Services
2,. CONSENT DEFENDANTS are pemumently EN10INED &om:
a. Engaging in, participating in, or assisting oth~ in the nuuketing, advertising,
selling, promotion, reoderln& representing or otherwise offering to consumers
debt management services, credit counseling serviees, aedit repair services>
and/or ~y o1hC2' ~debt related service provided I) in the State of Florida
Page 7of2S Q,.b. Initials
Case No. lS-012403 Consent Final Judgment
or 2) to Florida residents, w~er acting directly or through any person, business
mtity, ~ corporation, partnership, Iimitrd liability company. subsidiay,
divisio11, or other device;
b. Controlling.lhavms the authority to oontrol, participating in, or receiving any ' .
benefit., either directly or through an intmnediary, ftom the acts and practices of
any business, organization or entity, engaged in debt management services, credit
counseling scrviecs, credit r~air services, and/or any other CODBumer debt related . service 1) in the State of Florida or 2) that markets, offers or renders such services
to Florida residents; and
c:. Training, educating or advising any other person or entity, n:gardina the
marketing, advertising, selling, rcnderin& promotion, representing, or otherwise
offiring to comumcra debt manapincnl servir.cs, credit cmmeling ICl'Vices.
QlXJit repair services, atW/or any other consumer debt. related service provided I)
µi the State of Florida or 2) to Florida residents, whether acting dkectly or
through my person, business entity, trust, corporation, partncnhip, limited
liability compaDy, subsidiary, division, or other device.
26. CONSENT DEFENDANTS shall be permanently ENJOINED from accepting1
receiving or otherwise obtainfaa payment from consumers for debt management services, credit
counseling services, credit repair services, and/or any other oonsumer debt relBtcd services
provided I) in the State of Florida or 2) to Florida mridents, either directly orindira:tly.
Page8of25
ii. Prohibited Business Activities
CaseNo. 15-012403 Consent FiDal Judgment
27. CONSENT DEFENDANTS, whether acting directly or through any per.wn, ·trust,
corporation, subsidiary, division. or other device, in connection with the advertising, marketing.
promoting, offering fur sale, sale, or rendering of any good, service, plan, or program provided
1) in the State of Florida or 2) to Florida residents are hereby restrained and enjoined from:
a. Violating any provision of the Florida Deceptive and Unfair Trade Practices Act,
Chapter" SOI, Part II, Florida Statutes;
b. Violating any provision of Florida's Credit Counseling Services Act, .(Chapter
817 Part IV, §§817.801 -817.806r Fla. Stat.);
c. Violating any provision § 16798(3) of the Credit Repair Orgauizmons Act IS
U.S.C. Section 1679-1679j;
d. ~ting any change, in the fonn of doing business or the orgBDizationel identity
of any of the existing business entities or create any new business entities u a
method of awiding the terms and conditions set forth in this Judgment; and
c. Transferring or conveying assets of any type (whether monetary, personal
property, real property or otherwise) to my other third person"or entity as a means
to avoid enforcement of this Judgment or payment of any amounts due purwant
to this Judgment.
28. Further, CONSENT DEFENDANTS FHS and NWCDR in any and all forms shall
dissolve their legal status and cease conducting business fmever.
Page9of~
iii. Prohibition of Collecting A.coounts
C.ase No. 15-012403 Consent Final Judgment
29. CONSENT DEFENDANTS and their Representatives, whether acting directly or
through any trust, corporation, subsidiary, division, or other device, are hereby pennanently
restrained and enjoined ftom attempting to collect, collectin& or assigning any right to collect
payment ftom any consumcr who purchased or agreed to purchase any of CONSENT
DEFiENDANTS' goods or services, where the pwported authom.ation for the alleged sale
occurred prior to the entry of this Judgment.
iv. Proln]Jitions on Using customer Infonnation
30. CONSENT DEFENDANTS are permanently restrained and enjoined &om
disclosing, using, or benetitting from customer iofonnatio~ in~luding the name, address,
telephone number, em.ail address, social security nwnber, other identifying infomiation, or any
data that enables acce&S to a customer's account (including a credit card, bBDk account, or.other
:5nancial account), of any person which was obtained by any CONSENT DEFENDANT prior
to entry of drls Consent Judgment in connection with advertising, marketing, promotion, offeriq
for sale or sale of any debt management services, credit counseling services, credit repair
services, and/or any other consumer debt related service, or any good or service advertised,
mar~ promoted, offered for sale or sold unless such disclosure is requested or permitted in
writing by a governmental agency.
B. Montdtuy T~a
31. Judgment is hereby ent.ered in favor of the ATrORNEY GENERAL, whose address
110. S.B. 6th Street, 10th Floor, Fort Lauderdale, Florida 33301, end against the
DEFENDANTS, jointly and seve.rally, in the total sum of Seven Million Seven Hundred and
Page 10of2! fh .6· lnltlabJ
.. Case No. lS-012403
Consent Final Judgment
Seventy Five TboUl8Dd Five HuDdred 1111d Eighty-Eight Dollars and no cent!
(S7. 77S,S88.00}("1udgmect Amcnmf'), subject to the suspension af collection provisions below.
i. Copsumer R.mtitution
32. FDUl'P A authorizm mmbursanmJt to wnsumen who have been damqcd by
deceptive 1xade practices. S«:tioo. 501.207(3), Fla. Stat. All consumers who paid money in
respomc to a deceptive trade practice are entitled to their money bade and there is no need for an
indiVidualized inquiry into how each consumer reacted to the practice. F.T.C. v. Wilca%, 9'l6
P.Sllpp. 1091, llOS (S.D. FIL 199S); F.T.C vLPeopltt's Credit Pint. No. 8:03-CV-23S3-T, 200S
WL 3468588 ~· FlL Dec. 18, 200S).
33. Judgment is entered against the CONSENT DEFENDANTS, jointly aod severally,
for oonsumer l'C'8titution ·in the total amount of Six Hundred Sixty-Three Thousand Five Hundred
Eighty Eight Dollan and no cmts ($663.,588.00) C'Rcstitution Amount") far which let a1eculio0
issue forthwith.
34. The ~tution Amount shall be paid by wire transfb', certified funds or cashier's
~payable to the Department of Legal Affairs Escrow Fund, c/o Assistant Attorney General
Kristen Pesi~ 100 SE<;° StJeet, Fort Lauderdale, Florida 33301. Upon receiJ>t7 the funds shall
be deposited ~to the Dcpartmait of Legal AfiiUrs· &crow Fund, in ac;cordance with Section
501.2101(1). Florida Statutel. .Jn the event actual restitution claims for fu~ complainants
exceeds tho Restitution Amount, then the Restitution Amomt will be clistribut.ed pro-rata to the
complainants detmninc:d by the ATrORNEY GENERAL to be eligible for restitutioa. In no
event aha.ll any individual consumer receive more than the amount they are actually owed. If any
restitution monies nm1ain after tho distn"bution of the Restitution Amount, the ATI'ORNEY
Pasen of25
Case No. lS--012403 Consent Final Judgment
GENERAL will deposit the remalltina maniea into the Department of Legal Affairs· Revolvin&
Trust Fund und it shall be used to defray the costs of restitution distribution and any attorneys'
fees and costs incurred in enforcing this Consent Judgment.
3S. Should judgment be entered against any othar part)'(ies) fi>:r the acts and practices in
this matter:, the AITORNEY GENERAL shall tredit towmds the Restitution Amounl any
payincats received from sum. other party(ies) pursuant to any judgment for consumer restitution
entered against SllCb p~ies) in this matter.
ii. Civil Pen!lties
36. Judgment is hereby eillaal against CONSENT DEFENDANTS FHS, NWCDR,
and BLACKMON jointly and severally, for total ciw penalties in the amount of Seven Million
Dollars ($7~000,000.00) ("Civil Penalty Amount'') fur which let execution issue forthwith. The
Civil Pmalty Amount shall be paid by 'wite transfer, certified fimda or cashier's checks, and
made payable to the Departmmt of Legal Aff'afn Revolving .Y.rnlt Fwnd.
37. AB to CONSENT DEFENDANT BLACKMON ooly, the ATTORNEY
GENERAL .shall suspend any collection efforts pertaining to the Ciw Pec8lty Amount pLlJ'SUant
to the suspension of collection provisions below.
38. The CONSENT DEFENDANTS agree that the CiVil Penalty Amolillt rcpreScuts a
chil penalty owed to the State of Florida, is not compensation for actual pecuniary losst and,
therefore is not subject to discharge under the Bankruptcy Code pursuant to 11 U.S.C. §
523(a)(7).
Page12of25
iii Attomeys' Fees and Costs
Case No. lS-012400 Coment Final Judgment
39. Section S01.210S provides that die prevailing party may recover fi=es and oosts ftmn
the non-prevailing party. HumaM Society of Broward County v. the Florida HUIJIQlfe Society,
951 So. 2d 966, 969 (Fla. 4th DCA 2007); Smith v. Bi/gin. S34 So. 2d 8S2, 854 (Fla. lit DCA
1998). The parties stipulate and agree that the Department ia entitled to paymmt of its attorneys•
fees and ~sts in the amount cf One HUZldred and Twelve Thousand Dollars and· No Cents
($112~000.00).
40. Judgment is hereby entered against the DEFENDANTS FHS, NWCD,R. and
BLACKMON, jointly and severally. for attorneys' feel .and costs In the amount of One H~
and Twelve Thousand Dollars and No Cents (S 112,000.00) ("the -Pees Amount"') for which let
execution issue furthwith. The Fees Amount shall be paid by wire transfer, certified iUnds or
cubicr'a checb, and made payable to the Department of Legal Affaln ReTOl\'1111 Trust
Fund.
jy, Susoqjon gf Qoll~on Provisions
41. CONSENT DEFENDANT BLACKMON admits ·that he is liable for the filll
Judgment Amount (S7.77S,S88.00) subject to the suspeosionprovisiODS oftbis parL
42. Upon receipt by the Department of a) the Re,,titution Amount in the swn of Six
Hundred Sixty~Thrce Thousand Five Hundred Eipty-Bigb.t Dollars aud no cents ($663,SSS.OO),
paid vohmtarily and/or through wage garnishment by or on behalf of CONSENT
DEFENDANT BLACKMON, b) of the Fee Amount of One Hundml 811d Twdve Thousand
Dollars and no cents ($112,000.00), paid volunWily BDd/or through Wilie garnishment by or on
behalf of CONSENT DEFENDANT BLACKMON, and c) Eight Hundred Eighty Bight
Page 13of25 £.f>.
Case No. tS-012403 Consent Final Judgmmt
Thousand Dollars and no cents ($888,000.00) C-'Pa.rtia1 Civil Penalty AmoUnt") paid voluntarily
and/or through wage garnishment by or on behalf of CONSENT DEFENDANT BLACKMON,
the Department shall suspmd any collection efforts pertaining to Six Millian One Hundred and
Twelve Thousaod Dollars and DO cents ($6,112,000.00) of the Civil Penalty Amount.
.43. CONSENT DEFENDANT ' BLACKMON and the ATTORNEY GENERAL
stipulate that the Department's agreemmt to the above amounts for consumer restitudon., civil
penalties and fem, and to the partial suspmsion of collection efforts is expreasl.y premised upon:
a. CONSENT DEFENDANT BLACKMON'• compliance with this Final
Consent Judgment's Injunctive Terms;
b. CONSENT DEFENDANT BLACKMON'• stipulation that CONSENT
DEJi'ENDANT BLACICMON•S Finaiiclal Disclosures provide the basis for the
monetary judgment stated above and that the 'Pinancial Disclosures ~ trutbiUl,
ac:ieurat:e, and complete;
c. CONSENT DEFENDANT BLACKMON'• submission of an executed
Waiver of Gmnishment Exemption prior to or upon execution of this Judgment.
Pursuant to sectiort 222.11, Florida Statutes, and CONSENT DEFENDANT
BLACKMON'• executed Waiver of Gamisbmcot Exemption, CONSENT
DEFENDANT BLACKMON waives any claim of exemption from gam.isbm.ent
in any garnishment proceedins initiated to collect ·monies due under tbis
Judgment. Further, CONSENT DEFENDANT BLACKMON shall be liable to
• the Department for reasonable attomey's fees and costs in any garnishment
Page 14 oflS
Case No. 1S-012403 Consent Final Judgment
proceeding initiated to collect monies due under this Judgment. in which assets
owed to CONSENT DEFENDANT BLACKMON BrCI gamished; and
d. CONSENT DEFENDANT BLACKMON'• stipulation, and compliance
with .said. stipulation, that he will not OOllOe8l or tramfer or oonvcy msets of soy
type (whether monetary, personal property~ real property or otherwise) to any
other third person or entity BB a means to avoid enforoeiment of this Judgment or
payment of any ~lDlts due p\U'SV81U to this Judgment.
44. In the evCDt that a) full payment is not received by the S'tatc, b) CC)NSENT
DEFENDANT BLACKMON tekes any action tD prevent or evade the State's efforts to garnish
his wages or c) if CONSENT DD'ENDANT BLACKMON files bankIUptcy widain 91 days
after making any payment pursuant to this Judgment, CONSENT DEFENDANT
BLACKMON shall remain liable for the full unpaid bilance of the ATTORNEY GENERAL'S
claim. That amount may be asserted by the ATIORNEY GENERAL in any subsequent
procmding to mforce this Comcnt Judgment, whether t:bmugh execution, garnishment, or other
legal proceedinp, or through a proof of clsim in any bankruptcy proceeding filed by CONSENT
DEFENDANT BLACKMON,
45". ~ upoo motion by the Departmart, tho Court finds that CONSENT DEFENDANT
BLACKMON has failed to comply with any tam of this Judgment including, but not limited to
tht: injunctive provisions and/or flu.led to di~lose any asset, ·misstated the value of any asset,
made any other misstatement or omission in tho FinancW Disdosures idcotified above, or fiiiled
to oomply with the garnishment provisions of this Judgment, the Court ahall enter a modified
judgment holding CONSENT DEFENDANT BLACKMON liable to the ATTORNEY
Page 15 of25
Case No. lS-012403 Consent Final Judgment
GENERAL for the Full Judgment Amount '(S7 .. 775,588.00). Upon such reinstatement of the
Full Judgment Amoan~ the Court shall make an express determination that the judgment shall
become immediately due and payable by CONSENT DEFENDANT BLACKMON, and the
"ATIORNEY GENERAL shall be ·entitled to interest com_puted from the day of entry of this
Judgment at the rate prescribed under Florida Statutes Section 55.03, as amended, on the unpaid
balance.
v. Swrencler and Sale of Assets
46. Effective upon the entry of this Iudgmeo~ CONSENT DEFENDANTS summder tD
the Department all control, title. dominion, and interest in the frozen funds identified below,
punr.mnt to the Order Granting Temporary Injunction and Asset Freeze Without Notice (the
"IrJuriction Order') dated July 29, 2015, which funds shall be credited towards payment of the
Reatitution Amount:
a. Regions Banlc •••386: $28.00
b. Regions Bank •••923: $~98.00
c. Regions Bank , .. 931: $2,090.00
d. Regions Bank •••877: $100.00
e. Regions Bank •••437: $4,267.00
f. BB&T •••467: $78.33
g. BB&T •••137: $28.87
h. BB&T •••145: $8,756.02
41. To effect the smrender of the funds identified in Paragraph 46, the Court directs that
the entity(ies) holding the funds or their mcce!lsors shall, immediately upon receivilJ3 .notice of
Page 16 of:ZS lnltlab
Case No. 15-012403 Consent Final Judgment
this Judgment, remit the funds to the Department by certified check(s) or other i'JBI'anteed funds
payable to tho Department of Legal Affaim ~w ~ or by wire transfer in accordance with
directions provided by counsel fur the Department. To the extent any idmtified third party
CIDilot comply with this Paragraph withaut the assistance of CONSENT DEFENDANTS. sooh
party must, within three (3) business days of receiving this Judgment, notify such Defendant(s)
and cmmsc1 fur the Department of it! inability to comply. Suoh notification shall specify the
actions by sudl Defendant(s) that are necessary to wmp)y with this Judgmeat. CONSENT
DEFENDANTS shall immediately complete any action necessary to facilitate the identified
tliird party's ability to timely comply with this Subsection. and the failure of such Defendant(s)
to complete such action within ten (10) daY8 shall be deemed· a violation of the Judgment and
interest at the rate prescribed in the Florida statutes shall immediately begin to iwcruc.
48. CQNSENT DEFENDANTS relinquish all domini00t cxmtml, and title ta the 8Met8
mrrendcred or paid to tho fullQrt extent permitted by law. CONSENT DEFENDANTS shall
make no claim to or demand ~ of thmc ~ dindly or indirectly, through counsel or
otherwise.
49. 'Ibe PARTIES stipulate that the ATIORNEY GENERAL shell credit 'toward the
Rmitution Amount all funds paid to Consolidated Credit Coumeling Service&, Inc. pursuant to
the Client Tnmsfer Agreement dated August 24, .201 S by and between, Consolidated Credit
Counsel~ Services, Inc. and Financial Help Services, Inc..
SO. Defendant ~lackmon shall be pemti~ to sell the vehicles/vessels frozen by the
InjWlctiOn Order, and listed below, with net proceeds (if any) utilized towards payment of the
Restitution Amount wbidi velricl~vessels are hereby released by this Judgment for the sole
Page17 of25 4.fl •·
Case No. 15-012403 Consent Final Judgmcot
purpose of sale and the application of Defendant Blackmon'• iDta:est in any arid all sale proceedl
to the Department of Legal Affain Escrow Fund.
a. 1998 27' Open Moromoat Hull Number: PLCS1033E898;
b. 2014 Low Speed Vehicle (Oolf Cart); VIN: FLA.69799;
c. 2014 Ford F350; VIN~ 1FT8W3BT6EEA892~7; and
d. 2013 fafiniti 005; VIN:SN1ALOMNODC3126S8.
Defendant Blackmon shall be permitted one vehicle for pel'IOllal ownership and/or use.
vi, AddjtiQnat Monetmy Terms
SI. CONSENT DEPWNDANTS shall each complate under oath Florida Rule of Civil
?rocedure Form l.977 (Fact Infmmation Sheet), indlJdini all requimf attachments, and serve it
on the ATTORNEY GENERAL, within 45 da)'I from the BJfectivo Date, unless the Judgment
is satisfied or post-jud&ment discovery is stayed.
D. Futa~ Yiolation8
52. Any failure to comply with the tenns and CODditiom of this Judgment is by statute
prima facie evidence of a violation of Chapter 501, Part II, Florida Statutes, and will subject
CONSENT DEFENDANTS to any and all ciVJ1 penalties and sanctions authorized by law,
including attorneys' fees and costs. In the event that a court of competent jwisdiction-makes a
determination that a violation of any. provision of this Judgment ~ occurred, any sandion or
payment provided by. this Judgment does not preclude the Department of Legal Affairs fimn
pumrlng any other action, relief. or 8811cd.on available to the Department for any -=t wbi~
independent of tbia judgment, would QODStitute a violation of the laws of Florida.
Pagel8of25 lnldall
E. Scope of Consent Fi1ud J•tlglllMI
Case No. lS-012403 Consent Final Judgment
Sl. This Judgment is continuing in nature and shall be binding on any and all successot11
and/or usigna of CONSENT DEFENDANTS.
S4. Should this Judgment be modified pursuant to .tbiJ Sec~ this Judpicnt, in all other
respects, shall remain in full fbroe and effect unless otherwise Oldered by the Comt.
SS, If any term of this 1udgmant i1 to any extent unmfbrceable, invalid or illogal, such
term shall be excluded to the extent of sudJ. invalidity or unenforccabilit all other tams hereof
sbBll remain in full fi:>rce and effect; and, to the extent permitted and possible, the invalid ·or
unc:nforceable 'term man be deemed replaced by a tenn that is valid and enforceable and that
comes closest to eqres&itllJ tho intention of soda invalid or uneoforccable term.
S6. · This Judgment is not intended to con.fer upon any pmon any ·righ11 or remedies as a
third party beneficiary. This Judgment is not intended to creato a priwte right of action on the
part of my person or entity other tban the parties bcrcto.
57. This Judgment is not ·a waiver of any private right! of any person or release of any
private rights, causes of action, or remedies of any person against CONSENT DEFENDANTS
or any other pcnion or entity.
SB. Notwithstanding any other provision of tb:ia Judgment, nothina herein shall be
construed to impair, compromise or affect eny right of any other governmental agency other than
the AlTORNEY GENERAL relating to the operative facts at ill8Ue in this action.
59. CONSENT DEFENDANTS acknowledge and agree that (i) any proccoclings
instituted under this Section would be in addition to, end DOt in lieu o( my other civil or criminal
remedies that may be provided by law, including any other proceedings that the ATTORNEY
Page 1' of25 lnitiah
Case No. lS--012403 Cons~t Final Indgm.cnt
GENERAL or any other state or federal agency ~y initiate to enforce this Judgment; and (ii)
all money paid to satisfy the judgment is irre'YOcably paid fur the purpoae of settlement between
thep~es.
60. Nothing herein shall affect CONSENT DEFENDANTS' (i) Wtimonial obligatiOD8.,
or (ii) right to take legal or fi.wtual position in defense of litigation or other legal proceedings to
which the A TIORNEY GENERAL is not a party.
P. Gmtlltll t1114Adatiai.tt/wthle Prtwlldons
51. This Court shall retain jurisdiction over this matter for the purposes of (a) enabling
the A'n'ORNEY GENERAL to apply, at any tim~ for ~ement of any provision of this
Judgment and for sanctiOns or other pnnishmcnt fur any violation of this Judgment, includJns by
contempt proceedings, civil and/or criminal; and (b) enabling the A'ITORNEY GENERAL to
apply, upon giving 30 days writtm notice to all otba parties, fur auch further orders and
directions as migbt be necessary or appropriate either for the comtructi.on or carrying oUt of this
Judgment or for 1he modification or tennination of an.y of the injunctive provisions of this
Judgment.
62. CONSENT DEFENDANTS shall, in connection with this action or any subsequent
investigation related to or associated with the transaction~ the occurrmices that are the subject
of the ATTORNEY GENERAL's Complaint, cooperate in good faith with the ATIORNEY
GE.i~RAL, after written notice, for interviews, conferences, pretrial discovery, review of
documenb, and fur au.Ch oth£r matters u DlJLY be ~ly requested by the ATIORNEY
GENERAL. If requested in writing by the ATTORNEY GENERAL, CONSENT
DEFENDANTBLACKMON &ball appear and provide truthful testimony in any civil trial, civil
Page20 of2S Inltlals
Case No. lS-012403 Consent Final Judgment
deposition, or other civil p~ing related to or associated with the transactions or· the
occurrences that arc the subject of the Complaint1 without the service of a subpoenL
63.. The signatures below indieate the Parties" consmJ: md agreement to·tbis Consent
Final Judgment.
64. Acccptance of this Judgment by the ATIORNEY GENERAL aba11 be established
by the signature of the Deputy Attorney Gc:ncnd.
SIGNATURE PAGES FOLLOW
Page21 of25 lnlttals
AGREED TO BY: FINANCIAL HELP SERVICES, INC.
Signed: ~ BOBB.YR. BLACKMON PRESIDENT; FINANCIAL lffiLP .SERVICES, ~C.
STATE OF FLORIDA) COUNIY OF BROWARD)
CBle No. 1 S--012403 Consent F"l.Dal Judgment
Before me, a Notary Public in and for .said County and State, on this Lf_ day of
Oo~15, pemooally appeand BOBBY R. BLACKMON, of FINANCIAL HELP
SERVICES, INC., who is personally lmown to me or has produced
FL PL:lf B t12.~ ... ()i" "1s.~ t ~~~~on. ~,!J1A~
(SEAL) Print Nam.e: :--"'~~~~---'-"c.._--Not Publi State of Florida at Large
Page 22 of 25
:;~WIDECONSd~C. BOBBY R. BLACKMON
Case No. l S--012403 Consent Final Judgment
PRESIDENT. NATION WIDE CONSUMER DEBT RELIBF, INC.
STATE OF FLORIDA) COUNTY OF BROW ARD)
Before 1ne, a Notary Public in and fur said County and State, on this JL day of
'i>.e~ 201'1 persooally appeared BOBBY R. BLACKMON, of NATION WIDE
CONSUMER DEBT RELIEF, INC.t who is persoually known to me or has produced
El_ I>~~~ -tr/,-r-_?~ /Jl~~~OJL
Page23 of25
BOBBY pLACKL\fON
Case No, 15-01-2403 Consent Final Judgment
Agr=ed to and signed this _jJ_ cf:ay of ~<:c--. • 201S, by the below-stated person who
stated and affinned as follows:
BY MY SIGNATURE I hereby affirm that my signature below binds me both
personally and individually to the imns and eonditivns of this Final Consent Judgment.
By.~~~-"'-~~~~~~___,,__ BOBBY R. BLACKMON, Individllally
STATE OF FLORIDA) COUN1Y OF BROWARD)
Befure me. a Nomry Public in and for said County and State, on this LL. day of
::p~ 2015~ personally appeared BOBBY lt. BLACKMON, who is
]JQBDnalIY lalo~·~ me or has produe«IFL ))lJ/: f:J'Pc-::m•-..~ ~~O:d
(S
COYNSEL TO.DEfENDANTS BLACKMON. FINANCIAL HELP SERYJCES, INC=' t\ND NATION WIDE CONSllMJ(B DEBT HIM, INC.
fYV),J,""tJ , Cdrit .&¥= °"' Micbael B. Colian, Esq., Fla. Bar No: 210196 6400 N Andrews Ave, #SOS Fort Lauderdale, FL 33309 Phone: 9S4.928.0059 Date: flt~ fl , 201 S.
Page24of25
Case No. 15..012403 Consent Final Judgment
OFFICE OF THE ATTORNEY GENERAL,
TBNPESICEK Fla. Bar. No. 109212 Assistant~ Gmma1 Office of the Attorney Oenera.l1'
Department of Legal Affairs Conswuer Protection Division 11 O S.E. 6th Street Fort Laoderdal~ FL 33301 {954) 7124600 [email protected]
PATRICIA.A. CONNERS DDpllly Attorney General Department Of Legal AffaUs Office of the Attorney General 11).eCapitpl Tallahasseet FL 32399-1050 (850) 245-0140
SO ORDERED. Approved and Enterod in Chambers in Broward County, Fl~da this.,.;....__ day
~------... Copies to: AAG Kriatm Posicek. Michael B. Cohen. Esq.
TRUE COPY
JAN 0 6 205 The Honorable Carlos A•1111to~~DRIGUEZ Cirealt Court Judge ·
Page2'of25 .UUWUI
••
WAIVER OF GARNISHMENT EXEMPTION PURSUANT TO SECTION 222.11, FLORIDA STATUTES
\
Thi~ waiver applies to any garnishment proceeding initiated to collect mon~es due under the attached CONSENT FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION AGAINST DEFENDANTS FINANCIAL HELP SERVICES, .INC., NATION WIDE CONS~R DEBT RELIEF, INC., AND BOBBY R. BLACKM:ON entered into by Bobby R. Blackmon and the State of Florida, Office of the Attorney General.
IF YOU, BOBBY R. BLAQCMON, PROVIDE MORE THAN ONE-HALF OF TIIE SUPPORT FOR A CHILD OR OTHER DEPENDENT, ALL OR PART OF YOUR INCOME IS EXEMPT FROM GARNISHMENT UNDER FLORIDA LAW. :YOU CAN W AIVB THIS PROTECTION ONLY BY SIGNING 1HIS DOCUMENT. BY SIGNING BELOW, YOU AGREE TO WAIVE THE PROTECTION FROM GARNISHMENT.
~ &bbYJi: Blackmon 11-(11 /1C-
Date I
I have fully explained this document to Bobby R. Blackmon.
fYVt,v(~ lj L4!I &i---Micliael Cohea. Esq. Fla. Bar No: 210196
STATE OP CO'UNTYOF
Date
BEFORE MB, an r du authorized take acknawlcdgmcnts in the State of e L, , pericinaJly appe c acknowledged before me that he/sh"' axcouted 1hc foregoi!J$ inltrumentfor therein stated. oo this JL dayofk'«.t-.~ 201S.
Swom to and subaaribed befare mo this {L day ~ l!!=ld,2015.
issioned name ofNotary Pu}lio) o:Jllly known_ Produced Idmmoation _L_ (~ ano)
Type of Identific.rion Producecl: p L f)L::t/: Bl/Q. S: 07 f. -'1 S::-1 z ' -o