MSB newsletter, Issue 2 (Apr.-June 2009)

April to June 2009, Volume 5, Issue #2

(This Newsletter is a quarterly publication containing topics of interest to the categories of MSBs regulated by the Georgia Department of Banking and Finance. We hope that you will find this publication to be informative and valuable for providing information about the issues affecting your industry. If there are any issues you would like for the Department to highlight or address in future editions, please e-mail your questions or suggestions to MSBDBF@dbf.state.ga.us.)

In This Issue:
REGULATORY MATTERS

REGULATORY MATTERS Georgia News
FAILURE TO REMIT
During the recent semi-annual reporting period the Department learned that some agents for money transmitters and sellers of checks licensees are not paying the licensee on a timely basis, and the licensees are not reporting this to the Department as required by the following:
Rule 80-3-1-.06(1) of the Department of Banking and Finance states, in part, that "Sale of check and money transmitter licensees shall file with the Department the name, location, and federal tax identification number of any agent within this state who has failed to remit to the licensee the proceeds received from the sale of the licensee's checks or from licensee's money transmission activities within five (5) business days, or such lesser period of time as the licensee shall require, from the date of such sale or order to transmit and whose agency status has been terminated due to said failure with an outstanding liability due to the licensee. The report shall state the aggregate amount of unremitted check sales or money transmission proceeds due to the licensee and any provisions which have been made to recover same."

GEORGIA NEWS

Failure to Remit

1

"GAPS" FP

Processing

2

e-Mail Addresses

3

Check Casher Class

3

BSA/FEDERAL NEWS

CTR Pamphlet

4

MSB Info Moving

4

ADMINISTRATIVE NEWS

Action on Applications During the Previous Quarter/Closed Licensees

5 to 8

Department Contact Information

9

So what does this mean? The licensee must notify the Department when one of their agents is terminated for failing to remit funds. It has come to the Department's attention that some licensees are waiting until the semi-annual reporting requirement period before identifying these failed agencies. Although it still needs to be reported during the semi-annual reporting time periods, the Department encourages the licensees to also send notification in a more timely manner, since an agent who has their relationship terminated is likely to be operating in a manner that the Department may need to investigate.

Thank you for your attention to this issue and thank you for your timely semi-annual reporting. To facilitate any interim reporting of such agents, the licensee is asked to please aggregate instances and file a report monthly.

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"GAPS"
New Fingerprinting Process
in Georgia
The Georgia Bureau of Investigation, through Cogent Systems, is now providing electronic fingerprint submission services for MSB licensing and employment purposes under O.C.G.A. Title 7, Chapter 1, Articles 4 and 4A ("MSB Legislation") for those located in or near the State of Georgia. The new service, Georgia Applicant Processing Services ("GAPS"), decreases the need for agencies/businesses to submit hardcopy fingerprint cards and provides the ability for applicants to have fingerprint background checks processed electronically in a non-criminal justice environment.
GAPS provides fixed office locations throughout the state so that Georgia residents will not have to travel more than 25 miles to a GAPS office. Print Locations are available on the web. Search results of the fingerprint background check should be available for agency retrieval from the GAPS website within 24 to 48 hours after the applicant is fingerprinted and the transaction submitted to GCIC for processing.
Electronic submission of fingerprint images will involve the use of a Cogent Livescan machine. The Livescan is essentially a sophisticated scanner/personal computer that captures fingerprint images and demographic data and submits this information to GBI. GBI conducts a search of its criminal history records using the fingerprint images and, for the Department, these images are forwarded to the FBI where a Federal Criminal History Record search is also conducted. Notifications of the search results are forwarded from the GBI/FBI to Cogent Systems which electronically disseminates the search results to the Department.
Review of Outsourcing Criminal History Processing/Fees
For additional information regarding the history of outsourcing criminal history processing, please visit: https://www.ga.cogentid.com/GA_DOCS_html/Out sourcing_Narrative_09102007.htm. This document
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also discusses security and privacy of the system.
Fee information for processing is available at https://www.ga.cogentid.com/GA_DOCS_html/GA_ Fees_10012007.htm.
The processing fee for mortgage licensing requests is $32.15. The fee is payable by the applicant at the GAPS Print Location. Only credit cards and money orders are accepted for payment.
Georgia Criminal History Record Information Obtained For Employment by Licensees
Obtaining Georgia criminal history record information (background checks) as required under the MSB Legislation by licensees on their employees, based on a search of name and descriptive data only, is still obtainable from local law enforcement agencies providing this service. A background check authorization form is available on the Department's website. Please contact local law enforcement agencies directly for information on agency specific requirements and fees. Background Check results that indicate the data is incomplete or which indicate the individual is a multisource offender require the employer to submit fingerprint cards on that employee to the Department for further investigation. Georgia licensees with access to GAPS locations should follow these procedures for obtaining fingerprint card results through GAPS on its employees if required.
General Instructions Instructions and forms are available on the DBF website.
See the GAPS area on the page. Please follow those instructions to provide fingerprint card/criminal history GAPS search information to the Department or to request cards, depending upon your circumstances. The Department will enter the required GAPS transaction information. Card requests should still be submitted on-line. Submit information by: Fax to (770) 986-1029 or scanned by E-mail to MSBDBF@dbf.state.ga.us:
Personal identifying information is submitted to the Department using an Applicant Registration Form.
Submit GAPS Waiver/Acknowledgement Form to the Department using an Acknowledgement Form.
Fax or scan and e-mail both documents to the

Department as noted above.
The Department will enter the registration information online and send you a Registration ID Number.
Applicant then contacts a GAPS Print Location to make an appointment or verify hours of operation.
Requirements for completing prints at the chosen GAPS location are: payment (credit card or money order ONLY payable to Cogent Systems GAPS), photo ID, and Department supplied Registration ID Number.
Once prints are taken, the Department will receive the results. Please e-mail MSBDBF@dbf.state.ga.us to let us know the process has been completed and to expect the results.
**WWAANNTTEEDD**
YOUR E-MAIL ADDRESS
The Department will, in the near future, be sending all notices and official information to licensees and registrants by e-mail. This will be true for all licensees, both those licensed under ARTICLE 4 - SALE OF CHECKS OR MONEY ORDERS and those licensed or registered under ARTICLE 4A - CASHING CHECKS, DRAFTS, OR MONEY ORDERS FOR CONSIDERATION. This process will begin with Article 4 licensees with the gradual inclusion of Article 4A Check Casher Licensees and Registrants over time. Notice will be provided in this newsletter or by postal service mail when that process will begin.
The Department is letting you know now so that you will, in anticipation of this delivery process, do the following: Make certain that the Department has your current
e-mail address on file, and that notification of changes in that address are made at: http://dbf.georgia.gov/00/channel_title/0,2094,434 14745_46385621,00.html#onLine Make certain that your e-mail account does not divert Department e-mail to your spam or junk folder. Make certain you are knowledgeable of website information, renewal or other filing due-dates, and
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check the DBF website for information. Information is posted on the web, in the event you did not get your personalized e-mail.
CHECK CASHING CLASS
The Department is offering a class on the Rules and Regulation requirements for check cashers. The class is free and is not mandatory but is a great way to learn about state law and regulations as well as the Bank Secrecy Act and Anti-Money Laundering requirements. Read the law and the rules and bring your questions to ask the examiners! Gain knowledge so that you might avoid violations and fines. Come to our office on the second Tuesday of the month. The class size is limited in space and time, but if the demand is great enough, more classes will be scheduled. This is a one-hour class. You must reserve a seat by
emailing MSBDBF@dbf.state.ga.us. The next class
is April 14, 2009 at 10:00. Reserve your seat NOW! We look forward to seeing you.
HOLIDAY CLOSING
The Department will be closed on Monday, April 27, 2009 for Confederate Memorial Day.

BSA/FEDERAL NEWS
FinCEN Educational Pamphlet on the Currency Transaction Reporting Requirement
The Financial Crimes Enforcement Network (FinCEN) is providing an educational pamphlet, "Notice to Customers: A CTR Reference Guide," for financial institutions and their customers containing information on the currency transaction reporting (CTR) requirement. FinCEN is providing this pamphlet as a resource for financial institutions to help address questions frequently asked by their customers. The pamphlet, which can be provided to customers, uses plain language to explain the CTR reporting requirement to those who may not be familiar with a financial institution's obligations under the Bank Secrecy Act (BSA). For example, the pamphlet explains that large currency transactions are not illegal, and that financial institutions are required to obtain information from their customers when these transactions do occur. The pamphlet does not alter in any way a financial institution's BSA reporting requirements and explains that if a customer attempts to break up, i.e. "structure," transactions in order to evade the CTR reporting requirement there are potential civil and criminal consequences. In the pamphlet, FinCEN explains what constitutes structuring and provides examples of structured transactions.
Financial institutions are in no way required to use the pamphlet, but they may find it useful for communicating with customers, such as when a customer opens an account and expects to handle large amounts of currency or when a customer has questions about

particular currency transactions. While financial institutions are encouraged to educate their employees on the proper use of this pamphlet, it is not intended as a replacement for adequate employee training.
In developing this pamphlet, FinCEN consulted with the Bank Secrecy Act Advisory Group (BSAAG) to identify the most efficient and effective method of providing institutions a resource that explains the CTR requirement to their customers. The pamphlet was created out of dialogue between industry, law enforcement, and other regulatory bodies. Downloadable versions with same text but different print options are on the FinCEN website at: http://www.fincen.gov/whatsnew/pdf/CTRPamphletBW.pdf and http://www.fincen.gov/whatsnew/pdf/CTRPamphlet.pdf
So if you are asked "Why are you reporting this?" by a customer, an easy answer will be to provide them with the pamphlet.
MSB Information - Moving to FinCEN.gov
Spring 2009 marks the transition of all information for money services businesses to the main FinCEN website. Once the conversion is complete, users will find all of the same information on the new web site that is currently available at www.msb.gov. After the conversion is complete, if you link on the MSB website through www.msb.gov you will be automatically redirected to the new location: http://www.fincen.gov/financial_institutions/msb/.

E-MAIL UPDATES!!! https://bkgfin.dbf.state.ga.us/MSBUpdate.html
A reminder make certain we have the correct e-mail address for your license or registration so that you will receive all notices and correspondence!

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ACTION ON APPLICATIONS DURING THE PREVIOUS QUARTER

APPROVED CHECK CASHERS (License/Registration) First Quarter 2009

Lic # 23780 23781 23782 23783 23784 23788 23796 23797 23798 23803 23804 23809 23816 23820 23822 23823 23827 23828 23829 23830 23831 23832 23833 23834 23835 23836 23837 23838 23840 23846 23847 23848 23849 23852 23855 23856 23859 23861

Company Name Gallons 2 Go, Inc. Sahithi, LLC Secure Investments Inc. BuckAtlanta Investments, Inc. Neighborhood Financial CenterInc. Charlie's Beer & Wine, Inc. Mee-Jays, Inc. La Michoacana Enterprises, Inc. Golden Forest Spirits, Inc. Jack in the Box Check Cashing, Inc. KBAP Inc. Robert Lee Bailey MJ's Bill Pay & Tax Services, LLC Humza, Inc. Blough Tech, Inc. T & R Food Store, Inc. Akshay, Inc. Enlighten Enterprise, Inc. Saurin, Inc. Mithson, Inc. Mohammad Sheikh Viraj Enterprises, Inc. Ase-Ri Corporation H&V Food Corp. Umi Salma, Inc. Guerrero Group, LLC Gwinnett Business, Inc. Chung's Enterprise, LLC P Khushi, LLC Sebo, LLC Deedar Ali Boricha High Falls Bar-B-Que & Beverage, Inc. RSU Enterprises, LLC Applejac, LLC MP Gainesville, LLC Madhavi Enterprise, LLC Albany, Inc. Insurance Unlimited, Inc.

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DBA Name
S & J Food Mart
Charlie's Beer & Wine Citgo Express La Michoacana Hal's Beer and Wine Jack in the Box Check Cashing Shurlington Food Mart Robert Lee Bailey
Super Grand's
Super Shop Citgo Food Mart One Stop Shop Northside
Twin Pic B. J.'s Express
Bravo Farmer's Market Mr. Check Cashier Guerrero Financial Services Auburn Express C&K Check Cashing Mac's Milk Quick-Serve Petro Mart
Buena Vista Services Ajax Liquor Texaco at Lakeshore Sam's Danfair Express Bell Smith Foods

City Chatsworth Woodstock Lilburn Jasper Lawrenceville Marietta Cartersville Dalton Decatur Pooler Macon Dublin Columbus Cedartown Cairo Americus Riverdale Atlanta Butler Gainesville Forest Park Blakely Conyers Norcross Austell Dalton Auburn Norcross Hazlehurst Austell Austell Barnesville Buena Vista Albany Gainesville Americus Baxley Tifton

Type R R L L L L R R L L R R R R R R R R L R R R L L L L R L R R R L R R L R R L

Approved 01/08/09 01/08/09 01/08/09 01/08/09 01/08/09 01/08/09 01/16/09 01/16/09 01/30/09 01/27/09 01/26/09 01/26/09 01/26/09 01/28/09 01/29/09 02/13/09 01/30/09 01/30/09 02/17/09 02/05/09 02/04/09 02/05/09 02/05/09 02/09/09 02/09/09 02/09/09 02/12/09 02/10/09 02/10/09 02/12/09 02/10/09 02/16/09 02/18/09 02/16/09 02/17/09 02/18/09 02/20/09 02/23/09

Lic # 23863 23864 23868 23877 23878 23879 23880 23881 23884 23887 23890 23891 23899 23901 23902 23903 23904 23906 23910 23911 23912 23913 23914 23917 23919

Company Name Carniceria Latina, Inc. Hart & BB Check Cashing Service, LLC Amaan Enterprises, Inc. Sunayna, Inc. Hector Espinoza Jignasa U. Patel Petro of Roopville, Inc. Brennan Beverage, Inc. Fiesta Latina Music, LLC Adrian Salaices I. Choi Corporation Jean C. Hayes Jaiprabhu, Inc. Shakti Corporation Shivam & Anjali Corporation Eutiquio Arroyo Ray's Business, Inc. Umiya Ma, Inc. Advanced Title Pawn of Dalton, LLC Andshil, Inc. Gauresh Food Mart, Inc. Moonshil, Inc. Jay Varahi Krupa, Inc. Retail Marketing Corporation 620 Highway 155 South, LLC

R=Registrant L=Full Service

DBA Name Carniceria Latina Hart & BB Check Cashing Loganville Chevron Sylvania Discount Tobacco La Esperanza Check Cashing Petro Gas Hill Street Booze Fiesta Latina Music Carnicera Nacho The Station House Spalding Pawn Hungry Lion Elberton Package 221 Quick Stop Tienda Hispana La Michoacana Ray's Corner Station Stop N Shop Advanced Title Pawn Elm Street Food & Beveage Pure Food Mart Bottle & Basket
Shell Food Mart

City Dalton Marietta Loganville Sylvania Wrens Claxton Roopville Valdosta Douglasville Dalton Augusta Griffin Baxley Elberton Hazlehurst Lavonia Commerce Valdosta Dalton Rome Covington Rome Cartersville Forest Park Dublin

Type L L R L L L R R R L L L R R R R L R L R R R L R R
TOTAL

Approved 02/27/09 02/27/09 03/03/09 03/06/09 03/06/09 03/06/09 03/06/09 03/06/09 03/10/09 03/10/09 03/11/09 03/13/09 03/24/09 03/24/09 03/24/09 03/25/09 03/25/09 03/26/09 03/27/09 03/26/09 03/30/09 03/30/09 03/31/09 03/21/09 04/01/09 63

EXPIRED/CLOSED CHECK CASHERS (License/Registration)

Lic #

Company

DBA Name

19341 Cash Max Check Cashing, Inc.

Cash Max

20609 R&S United, Inc.

Prime Communications

20892 S & K Mega Enterprise, LLC

Citgo Quik Mart

20965 Sylvia S. Russell

Buena Vista Services

20972 Y I, Inc.

Charlie's Beer & Wine

21770 Patsy A. Colleps

J & P's Convenient Store

22244 Jai Mataja, Inc.

Hungry Lion

22355 BIG YHL, Inc.

C & K Check Cashing

22629 Umar Arshad

Twin Pic

23116 AJI Enterprises, Inc.

Discount Food Mart

23130 San Jose #1, LLC

San Jose Tienda Mexicana

23314 Mata, Inc.

221 Quick Stop

23613 Blackshear Investment Group, Inc. Whistle Stop Package Store

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City

Type

Duluth

LD

Mableton

RD

Lawrenceville LD

Buena Vista

RD

Marietta

RD

Calhoun

RD

Baxley

RD

Norcross

LD

Forest Park

RD

Atlanta

LD

Cartersville

LD

Hazlehurst

RD

Blackshear

RD

TOTAL

Date Closed 01/16/09 01/20/09 04/01/09 02/18/09 01/15/09 03/09/09 03/24/09 02/10/09 02/04/09 01/15/09 03/27/09 03/24/09 02/18/09 13

APPROVED/EXPIRED CHECK SELLERS/ MONEY TRANSMITTERS

Lic #

Company Name

Approved Money Transmitters

23794 BraxUSA, LLC

23795 Gilbert M. Lawson

23873 Temam Juhar

DBA Name
Money Wire Express Adika International

Closed Money Transmitters 19519 Anh Minh Money Transfer, Inc.

DBA Name Anh Minh Money Transfer

Approved/Closed Seller of Check Licensees NONE

DBA Name

Approved 01/21/09 03/09/09 03/09/09
Approved

Closed 03/12/09
Closed

City

ST

KENNESAW CARTERSVILLE LAWRENCEVILLE
Total City

GA GA GA
3 ST

Westminster

CA

Total

1

City

ST

Total

0

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Department Contact Information

NAME
Melinda Kinard, Director of Money Service Businesses and Mortgage Licensing Joel Byers, Supervisory Manager - Money Service Businesses (MSBs) Peter Lisowski, Financial Examiner
Teresa Koeppel, Administrative Examiner
Susan Nelson, Applications Analyst

E-MAIL ADDRESS
mkinard@dbf.state.ga.us

PHONE#
770-986-1649

byers@dbf.state.ga.us

770-986-1656

lisowski@dbf.state.ga.us tkoeppel@dbf.state.ga.us nelson@dbf.state.ga.us

770-986-1315 770-986-1639 770-986-1652

Mailing Address: Department of Banking and Finance
2990 Brandywine Road, Suite 200 Atlanta, GA 30341-5565
Website: http://dbf.georgia.gov
Phone & Fax Numbers: Phone: (770) 986-1633 or
Toll Free: (888) 986-1633 Fax: (770) 986-1655 or (770) 986-1029

E-MAILING THE DEPARTMENT
The Department would like to encourage you to correspond with us using e-mail. Providing written details in the e-mail regarding any questions or concerns you may have allows the Department to forward the request to the appropriate person who handles that area, and if sufficient details are included in the request, that person can then more efficiently provide you an answer. The main Division e-mail address is MSBDBF@dbf.state.ga.us
In the event you still need additional information or you do not receive a timely response to your e-mail, please contact us by phone.
NOTE: This publication is delivered to interested parties via e-mail and is also available from the Department's website at: http:// dbf.georgia.gov under News/Press Releases. If you would like to be added to our distribution list, please send an e-mail to MSBDBF@dbf.state.ga.us and indicate your name, the company you are with, license or registration # (if applicable), and phone number. Also, please indicate which publication(s) you would like to receive. See the list under PUBLICATIONS on our home page.
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