DFI v. La Comercial Food Store LLC - Check Casher License Revocation

Last updated 1/8/202 6 Consumer Services Divi sion Case Number C-2 5-4093 Statements of Charges allege wrongdoing by a company or indiv idual. D FI issues St atements of Charges to te ll the company or individual: x They have bee n invest igated x DFI is making allegat ions against them x What the alle gations are x What conseque nces c ould follow DFI informs t he company or indiv idual of their rig hts at this time. The company or in dividual can re spond t o the Charges. T hey also have the right to c onte st the Charges at an administrat ive he aring. Name La Comercial Food Store LLC, NMLS #2152073 Number C-25-4093-26-SC01 Date issued January 8, 2026 Questions? You can c ontact the C onsumer S ervices Division, Enforcement unit a t (360) 902- 8703 or csenforcecom plaints@dfi.wa.gov. Please remember that w e cannot provide financial or legal adv ic e to members of t he public. We also cannot rele ase confident ial information.

STATEMENT OF CHARGES C-25- 4093- 26-SC 01 LA COMERC IAL FOOD STORE LLC 1 DEPARTME NT OF FINANCIAL INSTITUT IONS Divis ion of Cons umer S ervic es P.O. Box 4120 0 Olympia, WA 98504-1200 (360) 902-8 703 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF WASHINGTON DEPARTMENT OF FINANCIAL INSTITUTIONS DIVISION OF CONSUMER SE RVICES IN THE MATTER OF DETERMINING Whether there h as been a vi olation of the C heck Cashers and Sellers Act of Washington by: LA COMERCIAL FOOD STORE LLC, N MLS #2152073, Respondent. No.: C-25-4093-26-SC01 STATEMENT OF CHARGES and NOTICE OF INTENT T O ENTER AN ORDER TO REVOKE L ICENSE, PROHIB IT FROM INDUSTRY, and COLLECT INVESTIGATION FEE INTRODUCTION Pursuant to RCW 31.45.110 and RCW 31.45.200, the Dir ector (Director) o f the Department of Financ ial Institutions of the State of Washington (D epartment) is re sponsible for the administra tion of chapter 31.45 RCW, the Check Cashers and Se llers Act (Act). After having conducted an investigation pursuant to RCW 31.45.100, and based upon the facts availabl e as of the date of this Statement of Charges and Noti ce of Intent to Enter an Ord er To Revoke License, Prohibit from Industry, and Collect Investigation Fe e (Statement of Charges), th e Director, through his designee, Consumer Services Division Dir ector Ali Higgs, institutes this proceeding and finds as follows: I. FACTUAL ALLEGATIONS 1.1 La Comercial Food Store LLC (Resp ondent) was licensed by the D epartment to conduct business as a check casher on July 2, 2021, a nd continues to be licensed to date. 1.2 Examination. From January 2, 2025, through January 3, 2025, the Department conducted an examination of Respondent’s business practices fo r the period of July 2, 2021, through January 1, 2025 (the examination period). The Department cit ed violations of the Act as detailed below. 1.3 Failed to Com ply with the Directo r’s Authority. Respondent failed to provide complete responses to the Department’s directives in letters dated May 2, 2025, May 28, 2025, and June 17, 2025.

STATEMENT OF CHARGES C-25- 4093- 26-SC 01 LA COMERC IAL FOOD STORE LLC 2 DEPARTME NT OF FINANCIAL INSTITUT IONS Divis ion of Cons umer S ervic es P.O. Box 4120 0 Olympia, WA 98504-1200 (360) 902-8 703 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1.4 Failed to Provide Annual Financial Statements. Respondent failed to provide annual financial statements to the Depar tment with its annual report fo r the year 2023, which wer e due to the Department by April 15, 2024. 1.5 Failed to Co mply with Re cordkee ping Requirement s. Respondent failed to keep and maintain the business books and records required by the Act. Respondent failed to provide the Department its gene ral ledger, updated fi nancial statements, and trial balances for the ex amination period. 1.6 Failed to Provide Receipts. Respondent failed to provide c opies of receipts provided to customers for check cashing transacti ons during the examination period. 1.7 Failed to Maintain a Business Resumption Plan. Respondent failed to maintain policies and procedures during the examination period that detail Respondent’s respons e and recovery to any event that results in damage to or destruction of the books and records relat ed to Respondent’s business. 1.8 Failed to Maint ain Daily Cash Reconciliat ion. Respondent failed to maintain a cash reconciliation for the examination period summarizing each d ay’s ac tivity and reconciling cash on hand at the opening of business to cash on hand at the close of business. 1.9 Failed to Post License. Respondent failed to conspicuously pos t its check casher license in its place of business duri ng the examination peri od. 1.10 Failed to Maint ain Personnel Files. Respondent failed to maintain personnel files for e ach of its employees during the examination period. 1.11 On-going Investigation. The Department’s investigation into the alleged violations of the Act by Respondent c ontinues to date. // //

STATEMENT OF CHARGES C-25- 4093- 26-SC 01 LA COMERC IAL FOOD STORE LLC 3 DEPARTME NT OF FINANCIAL INSTITUT IONS Divis ion of Cons umer S ervic es P.O. Box 4120 0 Olympia, WA 98504-1200 (360) 902-8 703 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 II. GROUNDS FOR ENTRY OF ORDER 2.1 Requirem ent to Comp ly with the Direc tor’s A uthority. Based on the Factual Allegations set forth in Section I above, Respondent is in apparent violation of RCW 31.45.100 for failing to comply with the Direc tor’s authority. 2.2 Requirement to Provide Financial St atements. Based on the Factual Allegations set forth in Section I above, Respondent is in apparent violation of RCW 31.45.090 for failing to provide annual financial statements to the Director within one hu ndred five days after the close of each calendar year. 2.3 Requirem ent to Maintain Business Books and Records. Based on th e Factual Allegations set forth in Section I above, Respondent is in apparent violation of RCW 31.45.060(2) for failing to keep and maintain the business books, accounts an d r ecords as required by t he Director for at least two years from the completion of a transa ction. 2.4 Requirem ent to Provide Rec eipts. Based on the Factual Allegati ons set forth in Section I above, Respondent is in appare nt violation of RCW 31.45.060(1) for failin g to provide customers with receipts for check cashing and selling transa ctions. 2.5 Requirem ent to Maintain Business Resumpti on Plan. Based on the Factua l Allegations set forth in Section I above, Respondent is in a pparent violation of RCW 31.45.060(2) and WAC 208- 630-605 for failing to maintain a business resumption plan. 2.6 Requirem ent to Maintain Cash Reconcili ation. Based on the Factual Allegations set forth in Section I above, Respondent is in appa rent violation of RCW 31.45.060(2) and WAC 208-630- 610(3) for failing to maintain a cash recon ciliati on summarizing each day’s activity and recon ciling cash on hand at the openi ng of business to cash on hand at the close of business.

STATEMENT OF CHARGES C-25- 4093- 26-SC 01 LA COMERC IAL FOOD STORE LLC 4 DEPARTME NT OF FINANCIAL INSTITUT IONS Divis ion of Cons umer S ervic es P.O. Box 4120 0 Olympia, WA 98504-1200 (360) 902-8 703 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2.7 Requirem ent to Post Licen se. Based on the Factual Allegations set forth in Section I above, Respondent is in apparent violation of RCW 31.04.040(4) for failing to conspicuously post its check casher license in its place of business. 2.8 Requirem ent to Maintain Personnel Fil es. Based on the Factual Alle gations set forth in Section I above, Respondent is in apparent violation of RCW 31.45.060(2) and WAC 208-630-660 for failing to maintain personnel files for each o f its employees. 2.9 Prohibited Practices. Based on the Factual Alleg ations set forth in Section I above, Respondent is in apparent viola tion of RCW 31.45.105(1)(b) for direc tly or indirectly engaging in any unfair or deceptive p ractice toward any perso n. III. AUTHORITY TO IMPOSE SANCTIONS 3.1 Authority to Revoke License. Pursuant to RCW 31.45.110, the Director may revoke a license if a licensee is violating or has violated the Ac t including rules and orders, or commits any a ct or engages in conduct that demonstrates incompetence or untrustworthiness, or is a source of injury or loss to the public. 3.2 Authority t o Remove and Ban from t he Industr y. Pursuant to RCW 31.45.110, the Director may remove fro m office or ban from pa rt icipation in the conduct of the affairs of any licensee any director, o fficer, sole prop rietor, pa rtner, controlling person, or employee of a lic ensee that is violating or has violated the Act including rules and orders, or comm its any act or engages in conduct that demonstrates incompetence or untrus twort hiness, or is a source of injury or loss to the public. 3.3 Authority to Collect Investigation Fee. Pursuant to RCW 31.45.050(1), RCW 31.45.100, WAC 208-630-360, and WA 208-630-380, the Di rector shall colle ct from the licensee th e actual cost of an investigation of the business, books, accounts, records, files, or other information of a licens ee.

STATEMENT OF CHARGES C-25- 4093- 26-SC 01 LA COMERC IAL FOOD STORE LLC 5 DEPARTME NT OF FINANCIAL INSTITUT IONS Divis ion of Cons umer S ervic es P.O. Box 4120 0 Olympia, WA 98504-1200 (360) 902-8 703 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The investigation charge will be calculated at the rate of $69 pe r person per hour expended to the investigation, plus actual expenses. IV. NOTICE OF INTE NT TO ENTER ORDER Respondent’s violations of the provisions of chapter 31.45 RCW and ch apter 208-630 WAC, as set forth in the above Factu al Allegations and Gr ounds for Entry of Order, constitute a basis fo r the entry of an Order under RCW 31.45.110 and RCW 31.45.200. Therefore, it is the Director’s intent to ORDER that: 4.1 Respondent La Comercial F ood Store LLC’s license to conduct the business of a check casher be r evoked. 4.2 Respondent La Comercial F ood Store LLC be banned fro m participation in the conduct of the affairs of any check casher or chec k seller subject to licensure by the Director, in any manner, for a pe riod of five years. 4.3 Respondent La Comercial Food Store LLC pay an investigation fee in the amount of $1,000. // // // // // // // // // // // //

STATEMENT OF CHARGES C-25- 4093- 26-SC 01 LA COMERC IAL FOOD STORE LLC 6 DEPARTME NT OF FINANCIAL INSTITUT IONS Divis ion of Cons umer S ervic es P.O. Box 4120 0 Olympia, WA 98504-1200 (360) 902-8 703 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 V. AUTHORITY AND PROCE DURE This Statement of Charges is entered purs uant to the provisions of RCW 31.45.110 and RCW 31.45.200, and is subject to the provisions of chap ter 34.05 RCW, the Administrative Procedure Act. Respondent may make a written request for a hear ing as set forth in the NOTICE OF OPPORTUNITY TO DE FEND AND OPPORTU NITY FOR HEAR ING accompanying this Statement of Charges. Dated this 8 th day of January, 2026. _ _______________________ ALI HIGG S, Dir ect or Division of Consumer Services Department of Financial I nstitutions Presented by: __ __ ___ _____ KENNETH J. SUGIMOTO Financial Legal Exa miner Supervisor Approved by: _______________________________ KENDALL FREED Enforcement C hief _ _ A LI H IG GS S S S S S S S S S S Di r