L'l THE Cffi.CUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROW ARD COUNTY, FLORIDA

OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA,

PLAINTIFF,

vs.

DIVERSIFIED EDUCA'.flONAL RESOURCES, LLC d/b/a Jeffenon High School, L..L.C., and Enterprise High School, L.L.C., a Florida limited liability company, ALEXANDER WOLFRAM, alk/a Alex Wolfram, an individual, and MARIA T. GARCIA, a/k/a Maria Garcia, a/k/a Maria Calleja, a/k/a Maria Trinidad Garcia Calleja, an individual,

DEFENDANTS.

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CASE NO.: CACE 14-018025

CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION AS TO DEFENDANT MARIA T. GARCIA

WHEREFORE, this CONSENT FINAL JUDGMENT AND PERMANENT

INJUNCTION ("Consent Judgment" or "Order") was entered upon agreement and stipulation

between the Plaintiff, OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL

AFFAIRS, STATE OF FLORIDA ("ATTORNEY GENERAL" or "DEPARTMENT"), and

Defendant MARIA T. GARCIA, a/k/a Maria Garcia, a/k/a Maria Calleja, a/k/a Maria Trinidad

Garcia Calleja ("DEFENDANT GARCIA" or "CONSENT DEFENDANT").

WHEREAS, the ATTORNEY GENERAL initiated an investigation concerning the

business acts and practices of certain persons and entities, and subsequently filed a Complaint

("Complaint") against Alexander Wolfram, an individual, Diversified Educational Resources,

LLC d/b/a Jefferson High School, LLC and Enterprise High School, LLC, a Florida limited

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liability company ( .. DEFENDANT DER") and the CONSENT DEFENDANT (collectively

referred to as "DEFENDANTS") alleging violations of the Florida Deceptive and Unfair Trade

Practices Act, Florida Statutes Chapter 501, Part II ("FDUTPA").

WHEREAS, the CONSENT DEFENDANr participated directly or indirectly in the

acts and practices as set forth in Complaint and controlled and/or had the authority to control said

acts .and practices.

WHEREAS, the ATTORNEY GENERAL and the CONSENT DEFENDANT

(hereinafter collectively referred to as "THE PARTIES") have consented to the jurisdiction of

this Court, agree that venue is proper in this Court, and further agree and acknowledge that the

Court will retain jurisdiction over this matter.

THEREFORE, by ' express written consent of the CONSENT DEFENDANT, this

Court, based upon the foregoing and the.consent of THE PARTIES, hereby ORDERS AND

ADJUDGES that:

FINDINGS

I. JURISDICTION AND VENUE

I . This action commenced wherein the ATTORNEY GENERAL sued the

CONSENT DEFENDANT pursuant to FDUTP A for activities related to the business of selling

purported academic products and/or services. The Complaint arose from an investigation

wherein the ATTORNEY GENERAL, an agency of the state and the enforcing authority under

FDUTPA, determined that an enforcement action served the public interest. The ATTORNEY

GENERAL had full authority to bring this action.

2. The CONSENT DEFENDANT is sui juris.

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3. The CONSENT DEFENDANT is the manager of DEFENDANT DER. In this

capacity, the CONSENT DEFENDANT signed and submitted DEFENDANT DER's Articles

of Incorporation to the Florida Department of State, Division of Corporations.

4. During the relevant time period, the CONSENT DEFENDANT participated

directly or indirectly in the acts and practices as set forth in the Complaint and controlled said

acts and practices and/or had the authority to control them.

5. The CONSENT DEFENDANT, at all times which are material hereto, solicited

consumers within the definitions of Section 501.203(7), Florida Statutes.

6. The CONSENT DEFENDANT, at all times material hereto, provided goods or

services as defined within Section 501.203(8), Florida Statutes, within the State of Florida and

Broward County.

7. The CONSENT DEFENDANT, at all times material hereto, was engaged in a

trade or commerce within the definition of Section 501 .203(8), Florida Statutes.

8. This Court has subject-matter jurisdiction pursuant to FDUTP A.

9. Venue is proper in Brow8:fd County, Florida as the statutory violations alleged

herein occurred in, or affected, more than one judicial circuit in the State of Florida, including

Bro\\md County, and the CONSENT DEFENDANT conducted business activities in Broward

County, Florida.

10. All actions material to tlie Complaint have occurred within four (4) years of the

filing of this lawsuit.

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II. CONSENT DEFENDANT'S RELEVANT COURSE OF CONDUCT

11 . The CONSENT DEFENDANT marketed, advertised, sold, and provided

purported high school diplomas, high school transcripts, verification services and/or supposed

GED/high school equivalency test preparation services or products.

12. The DEFENDANT DER, at all material times hereto, maintained a "virtual

office" in Broward County, located at 1451 West Cypress Creek Road

Suite 212, Fort Lauderdale, FL 33309, which the CONSENT DEFENDANT us~d to

communicate with consumers.

13. This office was used to create the impression that DEFENDANT DER was

located in Florida.

14. The CONSENT DEFENDANT'S acts and practices constitute unfair, deceptive

and unconscionable trade practices that are likely to deceive a consumer acting reasonably in the

same circumstances in violation of the Florida Deceptive and Unfair Trade Practices Act Section

501.201 et seq.

15. Furthermore, the CONSENT DE.FENDANT'S acts and practices violate

§817.06, Florida Statutes, and §501.97, Florida Statutes and therefore constitute per se FDUTPA

violations.

16. Consumers in the State of Florida were actually injured by the CONSENT

DEFENDANT'S acts and practices.

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ORDER

17. Final judgment is hereby entered on the causes of action asserted under the

Florida Deceptive and Unfair Trade Practices Act (Counts I through IV of the Complaint) in

favor of the ATTORNEY GENERAL and against the CONSENT DEFENDANT. This

Consent Judgment is continuing in nature.

I. SCOPE OF CONSENT JUDGMENT

18. The ATTORNEY GENERAL acknowledges by execution hereof that this

Consent Judgment constitutes a complete settlement of claims asserted against the CONSENT

DEFENDANT in the ATTORNEY GENERAL'S Complaint filed in this case.

19. Nothing herein constitutes approval by the ATTORNEY GENERAL of the

CONSENT DEFENDANT's or any other person or corporation's past or future business

practices. The CONSENT DEFENDANT shall not make any representation contrary to this

paragraph.

20. The ATTORNEY GENERAL agrees that it shall not proceed with or institute

any civil actions or proceedings against the CONSENT DEFENDANT that are inconsistent

with the provisions of this Consent Judgment.

21. Nothing herein shall preclude the ATTORNEY GENERAL, however, from

eithe1· enforcing the provisions of this Consent Judgment, or pursuing additional actions against

CONSENT DEFENDANT which are outside the scope of the release set forth herein.

Specifically, acts conducted previously that were unknown to the ATTORNEY GENERAL at

the rime of the entry of this Consent Judgment or acts conducted after the entry of this Consent

Judgment are not released, and enforcement may arise as the result of such acts.

22. Nothing in this Consent Judgment- releases any claims the ATTORNEY

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GENERAL or any other person may have against any other defendant or other person or entity.

23. Moreover, Wlless expressly stated to the contrary, nothing herein shall be

construed as a waiver or compromis~ of any private rights, causes of action, or remedies of any

private person, businesses, corporation, government or legal entity against the CONSENT

DEFENDANT with respect to the acts and practices covered by this Consent Judgment.

Likewise, nothing herein shall affect the testimonial obligations or right to take legal or factual

positions in defense of litigation or other legal proceedings of the CONSENT DEFENDANT, to

which the ATTORNEY GENERAL is not a party.

II. INJUNCTIVE TERMS

24. IT IS ORDERED that the CONSENf DEFENDANT is prohibited and enjoined

from, directly or indirectly, the following acts or practices:

a. Violating the provisions of Chapter 501, Part Il, Florida Statutes;

b. Violating the provisions of Section 817.06 Florida Statues;

c . Violating the provisions of Section 50 l .97, Florida Statutes;

d. Training, educating or advising any other person or entity, regarding the

solicitation, sale and/or dissemination of academic services and/or products, including, but not

limited to academic degrees of any kind, transcripts reflecting any kind of academic

achievernent7 or products represented as high school equivalency test preparation services or

products;

e. Controlling/having the authority to control, participating in, or receiving any

benefit, either directly or through an intermediary, from the acts and practices of any individual,

business, organization or entity, that:

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i. Solicits, receives or otherwise accepts money or valuable consideration in

any manner or form from any person for the purpose of providing that

person or any other person with items represented as an academic degree

of any kind, items represented as transcripts reflecting any kind of

academic achievement, or products represented as high school

equivalency test preparation services or products;

11. Advertises or otherwise represents that it can provide an academic degree

of any kind, transcripts reflecting any kind of academic achievement or

products represented as high school equivalency test preparation services

or products;

iii. Advertises or otherwise uses the acronym G.E.D and/or GED;

iv. Holds itself out, by any means, as a "high school" or "school" and by any

title or designation incorporating the word "high school" or " school'' or an

abbreviation thereof; and

v. Relates to the sale of educational materials, products, or services.

f. Submitting any infonnation to the Florida Department of Education's annual

private school survey.

m. ADDITIONAL TERMS

25. The CONSENT DEFENDANT shall immediately dissolve any businesses,

organizations, entities or fictitious names she currently has registered with the Florida

Department of State, Division of Corporations.

26. The C ONSENT DEFENDANT shall not create any new business entities as a

method of avoiding the tenns and conditions set forth in this Judgment.

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IV. MONETARY TERMS

27. Judgment is hereby entered in favor of the ATIORNEY GENERAL, whose

address 110. S.E. 6th St., lOtb Floor, Fort Lauderdale, Florida 33301, and against the

DEFENDANTS jointly and severally in the total sum of One Million Three Hundred

Seventy-Eight Thousand Five Hundred and Seventy-Nine DoJlars ($1,378,579.00), for which

let execution issue forthwith. This total judgment is suspended, subject to the provisions below.

28. The CONSENT DEFENDANT shall complete under oath the Florida Rule of

Civil Procedure Form 1.977 (Fact Information Sheet), including all required attachments, and

shall be sent on or before the date of this Consent Judgment to: Kristen Pesicek, Assistant

Attorney Oeneral, Office of the Attorney General, 110. S.E. 6th St., 10th Floor, Fort Lauderdale,

Florida 33301.

29. mE PARTIES' agreement to the suspension of this judgment's consumer

restitution, attorneys fees and costs, civil penalties is expressly premised upon the truthfulness,

accuracy, and completeness of the CONSENT DEFENDANT'S sworn financial statements and

related documents (collectively, "financial representations'') submitted to the ATTORNEY

GENERAL, namely Florida Rule of Civil Procedure Form. 1.977 (Fact Information Sheet).

30. The suspension of the total judgment will be lifted as to the CONSENT

DEFENDANT, upon motion by the ATTORNEY GENERAL, if the Court finds that the

CONSENT DEFENDANT failed to disclose any material asset, materially misstated the value

of any asset, or made any other material misstatement or omission in the financial

representations identified above.

31. If the suspension of the judgment as to civil. penalties is lifted, the judgment

becomes immediately due in the amount specified in Subsection 11 above (which the parties

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stipulate only for purposes of this Section represents the amount of the civil penalty for the

violations alleged in the Complaint), plus interest computed from the date of entry of this Order.

32. The CONSENT DEFENDANT agrees that the judgment as to civil penalties

represents a civil penalty owed to the State of Florida and is not compensation for actual

peclllliary loss, and, therefore, it is not subject to discharge under the Bankruptcy Code.

V.RECORDS

33 . From the date of the execution of this Consent Judgment by the CONSENT

DEFENDANT, all of the CONSENT DEFENDANT'S records must be retained for a

minimum of two (2) years. The CONSENT DEFENDANT shall maintain and make available

to the ATTORNEY GENERAL'S representative, upon any reasonable written request, all

books, records and other documents, except privileged documents, in the format in which they

exist, which reflect the implementation of the terms of this Consent Judgment and compliance

with its terms. Any such records requested by the ATTORNEY GENERAL shall be made

available for inspection within ten (10) business days of the CONSENT DEFENDANT'S

receipt of the request. The CONSENT DEFENDANT shall honor any request from the

A 'ITORNEY GENERAL to make such records available without legal process.

VI. ACCEPTANCE AND NOTICE

34. The CONSENT DEFENDANT shall be responsible for making the substantive

tenns and conditions of this Consent Judgment known to the officers, directors, partners,

management level employees, agents, representatives, as well as the affiliated parties engaged in

any of the CONSENT DEFENDANT'S businesses, projects, and/or activities.

35. The CONSENT DEFENDANT, within seven (7) days of entry of this Order,

must submit to the ATTORNEY GENERAL an acknowledgment of receipt of this Order sworn

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under penalty of perjury.

VTI. GENERAL AND ADMINISTRATIVE PROVISIONS

36. Jurisdiction is retained by the Court for the purpose of enabling any party to this

Consent Judgment to apply to the Court at any .time for such further Orders and directions as

might be necessary or appropriate for the modification, construction and/or implementation of

the injunctive provisions of this Consent Judgment, or for the enforcement and punishment of

violations of any provisions hereof. However, THE PARTIES may by stipulation agree to a

modification of the tenns of this Consent Judgment, which agreement shall be presented to the

Court ·for consideration. Any stipulation by THE PARTIES regarding the modification of any

terms of this Consent Judgment must be by a written instrument signed by or on behalf of the

ATTORNEY GENERAL and the CONSENT DEFENDANT.

37. This document is signed in anticipation of this Judgment being submitted to the

Court for approval, without necessity of hearing, which is hereby WAIVED by all PARTIES.

38. THE PARTIES jointly participated in the negotiation of the terms which are

articulated within this Consent Judgment, and no provision of this Consent Judgment shall be

construed for or against either party on the grounds that one party or another was more heavily

involved in the preparation of the Consent Judgment or had con1rol over the provisions included

herein.

39. The CONSENT DEFENDANT acknowledges th.at she has read and understands

th.e terms of the foregoing Consent Judgment.

40. The CONSENT DEFENDANT states that no promises of any kind or nature

whatsoever, other than the written terms of this Consent Judgment, were made to induce the

CONSENT DEFENDANT into entering into this Consent Judgment.

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41. The CONSENT DEFENDANT states that she has entered into this Consent

Judgment voluntarily and that this Consent Judgment constitutes the entire agreement between

them and the State of Florida in this matter.

42. Nothing in this Consent Judgment shall preclude the ATTORNEY GENERAL

from pursuing any other parties and/or unnamed defendants to this or any other lawsuit, nor does

it preclude the ATTORNEY GENERAL from collecting any monetary fees, restitution, costs or

any other such relief to which the ATTORNEY GENERAL is entitled.

43. Nothing in this Consent Judgment will be construed to limit the authority of the

ATTORNEY GENERAL to protect the interests of the State of Florida or the people of the

State of Florida. Accordingly, nothing herein relieves CONSENf DEFENDANT or any person

· or corporation of their continuing duty to comply with applicable laws of the State of Florida nor

constitutes authorization by the ATTORNEY GENERAL for CONSENT DEFENDANT or

any person or corporation to engage in acts and practices prohibited by such laws. This Consent

Judgment shall be governed by laws of the State of Florida.

44. Notwithstanding any other provision of this Judgment, nothing herein shall be

construed to impair, compromise or affect any right of any government agency other than the

Office of the Attorney General for the State of Florida.

VIIl. FUTURE VIOLATIONS

45. Notwithstanding any other provision of this Consent Judgment, THE PARTIES

further recognize that future violations of this Consent Judgment or future violations of Chapter

501, Part II, Florida Statutes, may subject the CONSENT DEFENDANT to any and all civil

penalties and sanctions provided by law, including attorneys' fees and costs.

46. The CONSENT DEFENDANT acknowledges that a violation of this Consent

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Judgment shall be prima facie evidence of a FDUTP A violation and will subject CONSENT

DEFENDANT to any and all civil penalties and sanctions authorized by law, including

attorneys' fees and costs. In the event that a court of competent jurisdiction makes a

determination that a violation of any provision of this Consent Judgment has occurred, then the

CONSENT DEFENDANT shall be liable for an additional Five Hundred· Thousand Dollars

($500,000.00) in civil penalties, as well as any additional attorneys' fees and costs, and other

relief as may be allowed by law.

4 7. In the event of a material default · or violation of any injunctive provision

contained in this Consent Judgment, the ATTORNEY GENERAL may enforce this Consent

Judgment by mechanism of contempt or any other mechanism permissible by law. Further, if

such conduct constituting a violation of the Consent Judgment also constitutes a violation of any

State of Federal law, rule and/or regulation, then the ATTORNEY GENERAL may exercise

any other remedies available by law in order to fully address said conduct. Nothing herein shall

be construed as a limitation to the remedies that the ATTORNEY GENERAL may pursue upon

default by the CONSENT DEFENDANT.

IX. EFFECTIVE DATE

48. The effective date of this Consent Judgment is the date upon which the Consent

Judgment is fully executed by the Court and all required Parties.

SIGNATURES FOLLOW ON SEPARATE PAGES

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MARIA T. GARCIA

Agreed to and signed this ~ day of J u ne , 2015, by the below~stated person

who stated and affirmed as follows:

BY MY SIGNATURE I hereby affirm that my signature below binds me both

personally and individually to the terms and conditions of this CONSENT FINAL JUDGMENT

AND PERMANENT INJUNC

By:

Date: J cJ n e 2 'f ff, 1 2-0 [5 . STATEOF T~AS COUNTY OF f=-4 J PA-$0

BEFORE ME, an officer duly authorized to take acknowledgments in the State of Te¥ os , Hqg...1 Q. :t; CQeec 1 Q , personally appeared and

acknowledged before me that she executed the foregoing instrument for the purposes therein stated on the ~~y of ju'"..,. , 2015 and that each above statement is true and correct.

Personally known __ or Produced Identification ( (check one) Type ofldentification Produced: ~ a,,c...\ <.o () a-sseocr Subscribed to before me this~ day of June , 2015.

..fJ!'~ MARTHA ISELA CARDENAS P.U:...~' Notary Publlc. state of Texas \,J.~~ My CommiHfon Expires ~li.~- Dec•mbtr 09, 2018

N~J..~ (print, type, or stamp commissioned Notary Public)

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OFFISEQF'/lTIOR.NEY GENERAL FOR THE STATE OF FLORIDA:

~~~u.c Florida Bar No. 109212 Assistant Attorney General Consumer Protection Division Office of the Attorner General 110 SE 6th Street, 1 ot Floor .. Ft. Lauderdale, Florida 33301

Flori Director, Consumer Protection Division Office of the Attorney General The Capitol Tallahassee, FL 3 23 99-1050 (850) 245-0140

ENTRY OF JUDGMENT

DONE and ORDERED in Ft. Lauderdale, B.r.oward Countya>, Florida this day of fHOMAS M. LYi~CH, IV --

________ __,, 2015. JUL 0 8 2015

Circuit J~ge . . ·· ·~s M. Lynch ' ' : .. :: ..

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•• Copies sent to all Parties on the below Service List

CounselforAlexander'\Volfralll Walter J. Mathews, Esquire 212 SE 8th Street - Suite 103 Fort Lauderdale, FL 33316 Telephone: 954-463-1929 Facsimile: 954-463-1920 wjm@mathewsllp.com

Maria Calleja and Diversified Educational Resources (pro se) Maria Trinidad Garcia Calleja Valle de las Flores #2212 Sur Rincones del Valle Ciudad Juarez, Chihuahua, Mexico 32605 Telephone: 011·52-1-656-562-3641 ma.rytri.uy.garcia@icloud.com

Kristen Pesicek Assistant Attorney General Office of the Attorney General Consumer Protection Division 11 O Southeast 6th Street Ft. Lauderdale, Florida 33301 Telephone: 954.712.4600 Facsimile: 954.527.3708 Pri.trulry: Kristen.Pesicek@myfloridalegal.com Secondary: Heidi.English@myfloridalegal.com

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