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.

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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.

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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

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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.

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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

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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.

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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

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.. 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

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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

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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 Kmtm.Pcsicck@my1loridalegal.ootn

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