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Mr.

Jamie Dimon, CEO June 29, 2023


JP Morgan Chase & Co.
383 Madison Avenue
New York, NY 10017-3217
Email: jamie.dimon@jpmchase.com

Mr. Dimon:

On June 2, 2023 I closed my Chase Total Checking Account because Chase Bank
failed to protect me from unauthorized lenders, certain Indian Tribes engaged in
what amounts to loan sharking. A letter from the Florida Office of Financial
Regulation (OFR) dated May 19, 2023 says loans made by unauthorized lenders
are unenforceable and uncollectable in Florida, and is included in my enclosed
Chase Disputed Transaction(s) Questionnaire for the following claims:

Customer Name: Neil J. Gillespie


Account Number: 858610337
Claim Number: 794855899880001 - Makwa Finance LLC
Claim Number: 874855016730001 - FSST Management Services, LLC

Chase Relationship Banker Julia Olson in Ocala, Florida assisted me with my


disputed transactions. Ms. Olson helped close my compromised account, as Chase
Bank recommended, and then opened a new account for me. (acct. 503816624)

Later Camila Hernandez Felipe at the Ocala Chase Bank branch faxed my Disputed
Transaction(s) Questionnaires to Chase Bank.

Julia Olson and Camila Hernandez Felipe each provided me exceptional customer
service. I am age 67 and appreciate their kindness and professionalism.

Initially it appeared my disputed transactions would be resolved in my favor by


Chase Bank, but on June 1, 2023 I got a secure message from Chase to remove
$257.92 from my account (0337) on or after 06/08/2023. I responded:
Mr. Jamie Dimon, CEO June 29, 2023
JP Morgan Chase & Co.

Chase Bank,
RE: Claim number 874855016730001

Please be advised that I object to the updated information about my claim


number: 874855016730001, and the decision by Chase Bank to remove
$257.92 from my account on or after 06/08/2023. Previously I provided
Chase Bank a letter from the State of Florida, Office of Financial Regulation
(OFR), dated May 19, 2023, stating that OFR completed a review of my
complaint against Makwa Finance, and that the lender is not licensed in
Florida, and therefore is an unauthorized lender. That means the loan is
unenforceable and uncollectable under section 560.125(1), of the Florida
Statutes because Makwa Finance is an unauthorized lender.

At this time it appears Chase Bank plans to violate Florida law, and my
consumer rights, by paying Makwa Finance, an unauthorized lender,
$257.92 for a claim that is unenforceable and uncollectable under section
560.125(1), of the Florida Statutes. I urge Chase Bank to reconsider its
unlawful action. Thank you.

Sincerely,
Neil J. Gillespie

Chase Bank did not response, so I closed my account. On June 6, 2023 I got this
secure message from Chase (0337) at 3:56 PM:

From Chase Online


Subject Re: Account inquiry
Dear Retail Claims Customer,

We have received your request and reviewed it.


Unfortunately this is not something we are able to
process. This is a situation that must be resolved
directly with the merchant, please reach out to them for
further assistance. We apologize for the inconvenience.

On June 6, 2023 I got this secure message from Chase (0337) at 4:51 PM:

From Chase Online

2
Mr. Jamie Dimon, CEO June 29, 2023
JP Morgan Chase & Co.

Subject If your matter is urgent, please resend your message

We're sorry that we've been slow in responding to the message you sent to us
between May 27 and June 1 through chase.com or the Chase Mobile app.
We resolved the technical issue that delayed us. We are working to respond
to your message, though it may take us about two weeks. If the matter is
urgent, please resend the message.

Chase Bank made good on its threat to debit my account. My closed account
(6624) shows two debits in the amount of $257.92 each:

• Jun 8, 2023 Makwa Finance 8558534392 PP Misc. debit -$257.92


• Jun 13, 2023 MAKWA FINANCE DB ONLINE PMT 2302021535323LA WE
Misc. debit -$257.92

Clearly it was ineffective to close my compromised account (0337) since Chase


Bank just took the money from my new account (6624) instead.

A letter from Chase Bank dated June 8, 2023 says “we are removing $320.03 from
your account on or after 06/16/2023” in Claim number: 874855016730001, which
is FSST Management Services, LLC d/b/a/ 605 Lending. Actually, Chase Bank
removed $320.03 from my closed account twice, the second time without notice:

Date Jun 16, 2023 Description 605 Lending PAYMENT PP Amount -$320.03
Date Jun 27, 2023 Description 605 Lending PAYMENT PP Amount -$320.03

As of June 29, 2023, my closed Chase Bank Account (6624) shows an overdraft of
-$1,150.90. So it appears Chase Bank is cooperating with unauthorized lenders
Makwa Finance LLC and FSST Management Services, LLC (d/b/a 605 Lending).

On January 1, 2023 Makwa sent me an email that states in part:

Makwa, LLC dba Makwa Finance (“Makwa”) is a commercial enterprise


and instrumentality of the Lac du Flambeau Band of Lake Superior
Chippewa Indians, a federally-recognized sovereign Indian nation (the
“Tribe”), which abides by the principles of federal consumer finance laws,
as incorporated by the Tribe, and operates within the interior boundaries of
the Tribes’ reservation in Lac du Flambeau, WI. Makwa, LLC dba Makwa
Finance is chartered under and operates pursuant to Tribal Law. Nothing in

3
Mr. Jamie Dimon, CEO June 29, 2023
JP Morgan Chase & Co.

this communication should be construed as a waiver of sovereign immunity,


which is expressly reserved.

On January 4, 2023 FSST Management Services, LLC, d/b/a 605 Lending


provided me a Consumer Loan and Arbitration Agreement that states in part:

In this Consumer Loan and Arbitration Agreement (the “Agreement”), “you”


and “your” refer to the Borrower identified above. “It,” “its,” and “Lender”
refer to FSST Management Services, LLC doing business as 605 Lending, a
tribally licensed entity and arm of the Flandreau Santee Sioux Tribe, a federally
recognized Indian tribe. “Loan” means this consumer installment loan.

Background.

On March 3, 2018 I opened a Chase Total Checking Account, with direct deposit,
and have been a Chase Bank customer since then, until June 2, 2023 when I closed
my account for the reasons shown in this letter.

On May 19, 2022 I was wrongly evicted from my home of the past 18 years after
foreclosure on a federal HECM reverse mortgage. I am currently challenging the
eviction and foreclosure in the Marion County Circuit Court, Fifth Judicial Circuit,
Florida, see Neil J. Gillespie v. Federal National Mortgage Association (FNMA)
a.k.a. FANNIE MAE, case no. 2021-CA-2179.

From May 19, 2022 through January 2, 2023, I was homeless. I lived in hotels
when possible, or my Dodge Grand Caravan. Although I am age 67 and retired, I
constructed homes and did other temporary work.

On January 2, 2023 I opened an office for my Justice Network in the Starting Gate
Executive Offices, 2801 SW College Rd., STE 3, in Ocala, Florida, 34474. The
Justice Network is a civil rights organization engaged in advocacy, education,
news gathering and dissemination, and helping people fight injustice.
https://www.facebook.com/Justice-Network-150432974991704/

While transitioning from homelessness to an office (where I also live temporarily)


I made two small loans which I had planned to repay by January 31, 2023.

• Makwa Finance, $600 at FIVE HUNDRED (500%) percent interest


• 605 Lending, $500 at SEVEN HUNDRED SIXTY SIX (766%) percent interest

4
Mr. Jamie Dimon, CEO June 29, 2023
JP Morgan Chase & Co.

Unfortunately, for reasons beyond my control, I was unable to repay those loans as
planned, and a total of $1,150.90 was taken by ACH debt from my Chase Bank
account 0337 by the Indian Tribe loan sharks, Makwa, LLC and FSST
Management Services, LLC, d/b/a 605 Lending. Therefore I complained about this
matter to the Florida Office of Financial Regulation.

On May 19, 2023, the Florida Office of Financial Regulation wrote me in part:

The Office of Financial Regulation (OFR) has completed its review of your
complaints. Unfortunately, the payday lenders in question are not licensed
by the OFR. Licensed Florida payday lenders (also known as deferred
presentment provider or installment deferred presentment providers) are
regulated by the OFR. However, a growing number of unlicensed payday
lending companies are preying on consumers. These unauthorized
companies charge interest and fees in excess of the permissible limits
mandated by the state.

Florida has extensive rules that govern how payday lenders operate.
Unlicensed lenders advertise loans that fail to comply with Florida’s
consumer protection laws, including the number of payday loans that a
consumer can have open at one time, the amount of the loan, and allowable
fees. While the offer of immediate cash might be enticing, these loans prey
upon consumers who may be experiencing financial distress and evade all
the consumer protections offered by Florida law.

Effective July 1, 2014, the Florida Legislature provided additional


protections to consumers in this state through a new law that renders
any payday loan made by unauthorized lenders unenforceable and
uncollectable in Florida (see §560.125(1), Florida Statutes).

I provided by email the OFR letter to Makwa LLC and got this response by email
on Friday, June 2, 2023: (Enclosed)

The Company is a wholly owned and operated subsidiary of LDF Holdings,


LLC (“LDF Holdings”). LDF Holdings is a wholly owned and operated
subsidiary of the L.D.F. Business Development Corporation, which is a
wholly owned and operated economic arm and instrumentality of the Tribe.
The Tribe is a federally recognized Indian tribe, organized under a

5
Mr. Jamie Dimon, CEO June 29, 2023
JP Morgan Chase & Co.

Constitution pursuant to the Indian Reorganization Act of 1934, 48 Stat.


984, 25 U.S.C. §§ 476, et seq., as amended, and is identified on the United
States Department of Interior’s list of federally acknowledged Indian Tribes.
83 FR 34863-01 (July 23, 2010/21/2022 12:42:12 PM18). The Company is
an arm of the Tribe. As an arm of the Tribe, the Company possesses all of
the privileges and immunities of the Tribe. The Tribe and the Company are
entitled to tribal sovereign immunity and they are not subject to state law.
Wells Fargo Bank, N.A. v. Lake of the Torches Econ. Dev. Corp., 677 F.
Supp. 2d 1056, 1061 (W.D. Wis. 2010) (holding that entities acting as arms
of a tribe are entitled to tribal sovereign immunity).

The Company issues loans in accordance with the Tribe’s Tribal Consumer
Financial Services Regulatory Code and it is licensed under Tribal law. The
customer’s loan agreement provided that it would be governed by the laws
of the Tribe, without regard to the laws of any state. The interest and fees
applicable to the loan are permitted by Tribal law. They were accurately and
clearly reflected in the loan agreement that you, the customer signed before
receiving the loan. Our customers also receive a TILA disclosure that
outlined the amount and date of each payment required under the loan
agreement. Due to its immunity, the loan is not subject to state law and the
Company is not required to be licensed with any state, which results in to
making the loan Legal.

Thank you for reaching out to us.

Makwa Finance
Customer Service Department
P.O. Box 343
Lac du Flambeau, WI 54538
Tel: (855)853-4392 Fax: (888)919-4182

I responded by email to Makwa LLC by email on Friday, June 9, 2023. (Enclosed)

Makwa Finance
Customer Service Department
Lac du Flambeau, WI 54538
customerservice@makwafinance.com

6
Mr. Jamie Dimon, CEO June 29, 2023
JP Morgan Chase & Co.

Please be advised that Neil Gillespie is not Native American, and is not
subject to Indian Reorganization Act of 1934. Neil Gillespie is not a member
of a federally recognized Indian tribe and is not subject to Tribal Law.

Neil Gillespie is a citizen of Florida, and a citizen of the United States, under
the Constitution and laws of Florida, and of the United States, including the
Fourteenth Amendment. Neil Gillespie resides in Marion County, Florida,
not on Tribal land.

Apparently Makwa Finance is under a delusion when it believes that making


a $600 loan under Tribal law at FIVE HUNDRED (500) percent interest is
legal when made to a non-Tribal person not subject Indian Reorganization
Act of 1934.

Any loans made in accordance with the Tribe’s Tribal Consumer Financial
Services Regulatory Code under Tribal law are void, unenforceable, and
uncollectable, when made to a non-Tribal person not subject Indian
Reorganization Act of 1934.

Makwa Finance is engaged in loan sharking. In my view Makwa Finance is


a Racketeer Influenced and Corrupt Organization (RICO) in violation of 18
U.S.C. §§ 1961–1968. Makwa Finance is a corrupt enterprise, and by its
own admission, operates its loan sharking activity through a series of shell
corporations, including LDF Holdings, and L.D.F. Business Development
Corporation.

Makwa Finance may have tribal sovereign immunity, that is a legal question.
But Chase Bank does not have tribal sovereign immunity. Neil Gillespie
closed his account with Chase Bank, thereby ending Makwa Finance's
access to his money.

The Florida Office of Financial Regulation stated that loans made by Makwa
Finance are unenforceable and uncollectable under section 560.125(1), of
the Florida Statutes because Makwa Finance is an unauthorized lender.
Therefore, Makwa Finance's loans are void in Florida.

Sincerely,
Neil J. Gillespie
Ocala, Florida

7
Mr. Jamie Dimon, CEO June 29, 2023
JP Morgan Chase & Co.

I would also note that on June 2, 1924, President Calvin Coolidge signed into law
the Indian Citizenship Act, which authorized the Secretary of the Interior to issue
certificates of citizenship to Indians, see Public Law 68-175, 43 STAT 253,
codified under 8 U.S.C. ch. 12, subch. III § 1401b.

American Indians or Native Americans are Citizens of the United States with the
right to vote. Like other U.S. citizens, Native Americans have a right to decide who
should represent them at local, state, and federal levels.

Article 1, Section 8 of the United States Constitution vests Congress, and by


extension the Executive and Judicial branches of our government, with the
authority to engage in relations with the tribes, thereby firmly placing tribes within
the constitutional fabric of our nation. When the governmental authority of tribes
was first challenged in the 1830's, U. S. Supreme Court Chief Justice John
Marshall articulated the fundamental principle that has guided the evolution of
federal Indian law to the present: That tribes possess a nationhood status and retain
inherent powers of self-government.1

Recently the U.S. Supreme Court, in Haaland v. Brackeen2, the Indian Child
Welfare Act (ICWA) decision in petition no. 21-376 for writ of certiorari, held by a
7-2 vote that the law does not impermissibly impose a federal mandate on
traditionally state-regulated areas of power. “Despite the win for the Indian Tribes
on Thursday, Chief Hoskin is worried about other Indian preferences outside of
adoptions: statutes that give special preferences for Indian gaming, Indian
contracting and Indian employment at the Bureau of Indian Affairs.”3 "I'm always
braced for the next challenge particularly on equal protection grounds because
there's a whole lot of statutes out there that are specific to bringing justice and
fairness to Indian country," he said.

Chase Bank does not enjoy sovereign immunity as an Indian Tribe engaged in loan
sharking. Indian Tribes preying on poor U.S. citizens with interest rates of 766
percent and 500 percent does not bring justice and fairness to Indian County. In my
view it makes Indian Tribes into RICOs, Racketeer Influenced and Corrupt
Organizations in violation of 18 U.S.C. §§ 1961–1968.

1
https://www.bia.gov/frequently-asked-questions
2
https://www.supremecourt.gov/opinions/22pdf/21-376_7l48.pdf
3
https://www.npr.org/2023/06/15/1182121455/indian-child-welfare-act-supreme-court-decision

8
Mr. Jamie Dimon, CEO June 29, 2023
JP Morgan Chase & Co.

This pattern of Indian Tribe racketeering activity includes taking my Social


Security retirement income under a usurious contract as defined by Florida law.

Section 687.02(1) of the Florida Statues defines “Usurious contracts” as "All


contracts for the payment of interest upon any loan, advance of money, line of
credit, or forbearance to enforce the collection of any debt, or upon any obligation
whatever, at a higher rate of interest than the equivalent of 18 percent per annum
simple interest are hereby declared usurious…". I also believe 605 Lending and
Makwa Finance may be held criminally liable under Chapter 825 of the Florida
Statues, see section 825.101, Business relationship; and section 825.103
Exploitation of an elderly person; I am age 67.

As a U.S. citizen, and a citizen of the State of Florida, I am entitled to equal


protection of the law, including section 560.125(1), Florida Statutes: Effective July
1, 2014, the Florida Legislature provided additional protections to consumers in
this state through a new law that renders any payday loan made by unauthorized
lenders unenforceable and uncollectable in Florida. Thank you.

Sincerely,

Neil J. Gillespie
2801 SW College Rd., STE 3
Ocala, FL 34474
Tel. 352-239-9037
Email: celticein@yahoo.com

Cc: Chase Executive Office, executive.office@chase.com


Amy Bonitatibus, Chase Consumer & Community Banking,
amy.m.bonitatibus@jpmorgan.com
Anne Pace, Consumer Banking & Small Business Banking, anne.pace@chase.com

Cc: Julia Olson, Officer, Relationship Banker, NMLS ID: 2461244


Chase Consumer Banking, julia.x.olsn@chase.com
2525 SW 42nd St. 01, Ocala, FL 34471

9
1llIlllG~lmillllll CLMSENC0015
CHASE
Customer Name: NEIL GILLESPIE Customer Claims Department
Claim Number: 794855899880001 Mail Code TX3-7849
Account Number: 858610337 PO Box 659809
San Antonio, TX 78265-9109
Phone: 1-866-564-2262
Fax: 1-866-701-9886

Disputed Transaction(s) Questionnaire

Please complete, sign and return this form to us as soon as possible using the contact information above.

1. Please read the statement below, select an option then sign and date the form.
o I am an authorized signer on, or otherwise have authority to act with respect to, the account
identified above. I have reviewed the circumstances of the ACH transaction{s) identified in this
questionnaire. I certify that the debit was not authorized and that itlthey were not originated with
fraudulent intent by me or any person acting in concert with me.

-..J/J I am an authorized signer on, or otherwise have authority to act with respect to, the account
/identified above. I have reviewed the circumstances of the ACH transaction(s) identified in this
questionnaire. I certify that the debit was not in accordance with the terms of the authorization and that
the following, to the best of my ability to identify, is the reason for that conclusion:

o My account was debited before the date I authorized.


o I revoked the authorization I had given to the party to debit my account before the debit was
initiated.
o My account was debited for an amount different than I authorized.
OJ did not authorize the party to debit my account (i.e. debited without a notice, free trial, etc.).
o My check was improperly processed electronically.
o My account was debited by an authorized party, but that third party failed to make my
payment as instructed.
Other (must specify) U~ Av\ff..~Lt~e.J ~ ,
, () 4JD 1J.e-"'" e
2. Please provide any additional information that may help us resolve your claim. Use another
sheet if you need more space.

~te ,4#~ si.evis ~ ~ ~ ~ tYJ 03 &d/i


?IN, £ /diiZe. ;F F~6Jf R.e~VfAk,V
II
_
that this written statement is true and correct.

s/;rJ~~.3 £ ~- ..
Da~ 7 Daytime phone number

Business name (if applicable)

Title (if applicable)


Page 3

3. Please review the transaction(s) listed below that you reported.

Transaction Description Merchant Description Transaction Disputed


Date (if available) Amount Amount
03/03/2023 605 Lending $320.03 $320.03
PAYMENT
PPDID
Chase Bank May 19,2023
Customer Claims Department
Mail Code TX3-7849
PO Box 659809
San Antonio, TX 78265-9109
Phone: 1-866-564-2262
Fax: 1-866-701-9886

Customer Name: NEIL GILLESPIE


Claim Number: 794855899880001
Account Number: 858610337

The Florida Office of Financial Regulation (OFR) reviewed my complaints against


of 605 Lending (FSST Management Services, LLC) and Makwa LLC, and issued
the enclosed letter to me dated May 19,2023 stating in part:

"the payday lenders in question are not licensed by the OFR. Licensed
Florida payday lenders (also known as deferred presentment provider or
installment deferred presentment providers) are regulated by the OFR.
However, a growing number of unlicensed payday lending companies are
preying on consumers. These unauthorized companies charge interest ~d
fees in excess of the permissible limits mandated by the state."

Therefore, 605 Lending (FSST Management Services, LLC) and Makwa LLC are
unauthorized lenders in the state of Florida; and:
,
"Effective July 1, 2014, the Florida Legislature provided additional
protections to consumers in this state through a new law that renders
any payday loan made by unauthorized lenders unenforceable and
uncollectable in Florida (see §560.125(1), Florida Statutes)."

Therefore, the loans by the above captioned unauthorized lenders are


unenforceable and uncollectable in Florida (see §560.125(1), Florida Statutes.

Neil J. Gillespie
2801 SW College Rd, STE 3
Ocala, FL 34474
Tel: 352-239-9037
Email: celticein@yahoo.com
Commissioner Russell C. Weigel, III

May 19,2023

MR. NEIL JOSEPH GILLESPIE


2801 SW COLLEGE ROAD SUITE 3
OCALA, FL 34474

Re: Complaint Activity Numbers: 115884 & 115887


Entities/Companies: FSST MANAGEMENT SERVICES, LLC & MAKWA LLC

Dear Mr. Gillespie:

The Office of Financial Regulation (OFR) has completed its review ofyour complaints.
Unfortunately, the payday lenders in question are not licensed by the OFR. Licensed Florida
payday lenders (also known as deferred presentment provider or installment deferred
presentment providers) are regulated by the OFR. However, a growing number of unlicensed
payday lending companies are preying on consumers. These unauthorized companies charge
interest and fees in excess of the permissible limits mandated by the state.

Florida has extensive rules that govern how payday lenders operate. Unlicensed lenders advertise
loans that fail to comply with Florida's consumer protection laws, including the number of
payday loans that a consumer can have open at one time, the amount ofthe loan, and allowable
fees. While the offer of immediate cash might be enticing, these loans prey upon consumers who
may be experiencing financial distress and evade all the consumer protections offered by Florida
law.

iU
tJective July 1,2014, the Florida Legislature provided additional protections to
consumers in this state through a new law that renders any payday loan made by
unauthorized lenders unenforceable and uncollectable in Florida (see §560.125(l), Florida
tatutes).

We encourage consumers to be aware of unauthorized payday lenders, and to do their research


before taking out a payday loan. Consumers can confirm that a lender is licensed on the OFR
website (http://www.flofr.gov/) by clicking on "Verify a License".

Under Florida Law, payday loans (deferred presentment transactions) must adhere to the
following guidelines:

• Loan cannot exceed $500.


• Borrower can have only one outstanding loan at any time. This is tracked through a
statewide loan database.

www.flofr.gov
200 East Gaines Street, Tallahassee, Florida 32399-0370
PH: (850) 487-9687 - FAX (850) 410-9663
• The fee may not exceed 10 percent ofthe amount borrowed. The lender may charge an
additional $5.00 verification fee, which must be supported by actual costs to the lender.
• Loan term must be between 7 and 31 days.
• Lender must provide the consumer a 60-day grace period without additional charge if the
consumer is unable to pay the loan in full by the end of the loan term.

Under Florida Law, installment payday loans (installment deferred presentment transactions)
must adhere to the following guidelines:

• Loans may not exceed $1,000.


• Borrower can have only one outstanding loan at any time. This is tracked through a
statewide loan database.
• The fee may not exceed 8 percent of the outstanding transaction balance on a biweekly
basis. The lender may charge an additional $5.00 verification fee, which must be
supported by actual costs to the lender.
• Prepayment penalties are prohibited.
• Loan term must be between 60 and 90 days.
• If consumer is unable to pay the scheduled payment, Lender must provide the opportunity
to defer the scheduled payment, at no additional fee or charge, until after the last
scheduled payment. Only one deferred payment is permitted for each installment payday
loan transaction.

The following websites provide additional information on how to handle collection agencies:

• Dispute an Item on Credit Report:


http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre21.pdf
• Report Identity Theft: http://www.ftc.gov/bcp/edu/microsites/idtheft/
• Debt Collection FAQs:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

The Federal Bureau oflnvestigations has issued National Press Releases regarding two common
topics that consumers have experienced with Internet Payday Loans & collections thereof:

• Extortion Scam Related to Delinquent Payday Loans:


http://www.fbi.gov/news/pressrel/press-releases/paydayloanscam 120710

• New Twists to Telephone Collection Scam Related to Delinquent Payday Loans:


http://www.fbi.gov/news/pressrel/press-releases/new-twists-to-telephone-collection-scam-
related-to-delinquent-payday-Ioans

Experian, and Transunion):

http://www.ftc.gov/bcp/edu/microsites/freereports/index.shtml
We appreciate your bringing this matter to our attention. The information that you provided will
be used as part of a method of identifying lenders for further examination and review.

Sincerely,

e!rbc.tl:)-i\. ed~~
Elizabeth Ralstin
Financial Examiner Analyst II
Division of Consumer Finance
Bureau of Enforcement
elizabeth.ralstin@f1ofr.gov
(850) 410-9811
l"III~~~tllll"l CLMSENC0015
CHASE 0
Customer Name: NEIL GILLESPIE Customer Claims Department
Claim Number: 874855016730001 Mail Code TX3-7849
Account Number: 858610337 PO Box 659809
San Antonio, TX 78265-9109
Phone: 1-866-564-2262
Fax: 1-866-701-9886

Disputed Transaction(s) Questionnaire

Please complete, sign and return this form to us as soon as possible using the contact information above.

1. Please read the statement below, select an option then sign and date the form.
oidentified
I am an authorized signer on, or otherwise have authority to act with respect to, the account
above. I have reviewed the circumstances of the ACH transaction(s) identified in this
questionnaire. I certify that the debit was not authorized and that iVthey were not originated with
fraudulent intent by me or any person acting in concert with me.

~ am an authorized signer on, or otherwise have authority to act with respect to, the account
Identified above. I have reviewed the circumstances of the ACH transaction(s) identified in this
questionnaire. I certify that the debit was not in accordance with the terms of the authorization and that
the following, to the best of my ability to identify, is the reason for that conclusion:

o My account was debited before the date I authorized.


oinitiated.
I revoked the authorization I had given to the party to debit my account before the debit was

o My account was debited for an amount different than I authorized.


o I did not authorize the party to debit my account (Le. debited without a notice, free trial, etc.).
o My check was improperly processed electronically.
o My account was debited by an authorized party, but that third party failed to make my
payment as instructed.
~ther (must specify) c.)"v Itvit>L.':·~c£. ~ ~ /'.....J dtz.-J .
t .04-) ,'~ ON oJF#ro:tf 6)::: "r t2.;cAdeck4le '
2. Please provide any additional information that may help us resolve your claim. Use another
sheet if you need more space.

hat this written statement is true and correct.

.s-brGb~.3 ~Ol·....u -1ft)


DatI Daytime phone number

Business name (if applicable)

Title (if applicable)


Page 3

3. Please review the transaction(s) listed below that you reported.

Transaction Description Merchant Description Transaction Disputed


Date (if available) Amount Amount
0210312023 MAKWA FINANCE DB $257.92 $257.92
ONLINE PMT
2302021535323LA WEB
ID
02103/2023 605 Lending $320.03 $320.03
PAYMENT
PPDID
0310312023 Makwa Finance $257.92 $257.92
8558534392
PPDID
Chase Bank May 19,2023
Customer Claims Department
Mail Code TX3-7849
PO Box 659809
San Antonio, TX 78265-9109
Phone: 1-866-564-2262
Fax: 1-866-701-9886

Customer Name: NEIL GILLESPIE


Claim Number: 874855016730001
Account Number: 858610337

The Florida Office of Financial Regulation (OFR) reviewed my complaints against


of 605 Lending (FSST Management Services, LLC) and Makwa LLC, and issued
the enclosed letter to me dated May 19,2023 stating in part:

"the payday lenders in question are not licensed by the OFR. Licensed
Florida payday lenders (also known as deferred presentment provider or
installment deferred presentment providers) are regulated by the OFR.
However, a growing number of unlicensed payday" lending companies are
preying on consumers. These unauthorized companies charge interest and
fees in excess of the permissible limits mandated by the state."

Therefore, 605 Lending (FSST Management Services, LLC) and Makwa LLC are
unauthorized lenders in the state of Florida; and:

"Effective July 1,2014, the Florida Legislature provided additional


protections to consumers in this state through a new law that renders
any payday loan made by unauthorized lenders unenforceable and
uncollectable in Florida (see §560.l25(1),. Florida Statutes)."

Therefore, the loans by the above captioned unauthorized lenders are


unenforceable and uncollectable in Florida (see §560.125(1), Florida Statutes.

Neil J. Gillespie
2801 SW College Rd, STE 3
"Ocala, FL 34474
Tel: 352-239-9037
Email: celticein@yahoo.com
Commissioner Russell C. Weigel, III

May 19,2023

MR. NEIL JOSEPH GILLESPIE


2801 SW COLLEGE ROAD SUITE 3
OCALA, FL 34474

Re: Complaint Activity Numbers: 115884 & 115887


Entities/Companies: FSST MANAGEMENT SERVICES, LLC & MAKWA LLC

Dear Mr. Gillespie:

The Office of Financial Regulation (OFR) has completed its review ofyour complaints.
Unfortunately, the payday lenders in question are not licensed by the OFR. Licensed Florida
payday lenders (also known as deferred presentment provider or installment deferred
presentment providers) are regulated by the OFR. However, a growing number of unlicensed
payday lending companies are preying on consumers. These unauthorized companies charge
interest and fees in excess ofthe permissible limits mandated by the state.

Florida has extensive rules that govern how payday lenders operate. Unlicensed lenders advertise
loans that fail to comply with Florida's consumer protection laws, including the number of
payday loans that a consumer can have open at one time, the amount of the loan, and allowable
fees. While the offer of immediate cash might be enticing, these loans prey upon consumers who
may be experiencing fmancial distress and evade all the consumer protections offered by Florida
law.

Effective July 1, 2014, the Florida Legislature provided additional protections to


consumers in this state through a new law that renders any payday loan made by
unauthorized lenders unenforceable and uncollectable in Florida (see §560.125(l), Florida
Statutes).

encourage consumers to be aware of unauthorized payday lenders, and to do their research


before taking out a payday loan. Consumers can confirm that a lender is licensed on the OFR
website (http://www.f1ofr.gov/) by clicking on "Verify a License".

Under Florida Law, payday loans (deferred presentment transactions) must adhere to the
following guidelines:

• Loan cannot exceed $500.


• Borrower can have only one outstanding loan at any time. This is tracked through a
statewide loan database.

www.t1oft.goY
200 East Gaines Street, Tallahassee, Florida 32399-0370
PH: (850)487-9687 - FAX (850)410-9663
• The fee may not exceed 10 percent ofthe amount borrowed. The lender may charge an
additional $5.00 verification fee, which must be supported by actual costs to the lender.
• Loan term must be between 7 and 31 days.
• Lender must provide the consumer a 60-day grace period without additional charge if the
consumer is unable to pay the loan in full by the end of the loan term.

Under Florida Law, insta]]ment payday loans (installment deferred presentment transactions)
must adhere to the fo]]owing guidelines:

• Loans may not exceed $1,000.


• Borrower can have only one outstanding loan at any time. This is tracked through a
statewide loan database.
• The fee may not exceed 8 percent ofthe outstanding transaction balance on a biweekly
basis. The lender may charge an additional $5.00 verification fee, which must be
supported by actual costs to the lender.
• Prepayment penalties are prohibited.
• Loan term must be between 60 and 90 days.
• If consumer is unable to pay the scheduled payment, Lender must provide the opportunity
to defer the scheduled payment, at no additional fee or charge, until after the last
scheduled payment. Only one deferred payment is permitted for each installment payday
loan transaction.

The following websites provide additional information on how to handle collection agencies:

• Dispute an Item on Credit Report:


http://www.ftc.gov/bcp/edulpubs/consumer/credit/cre21.pdf
• Report Identity Theft: http://www.ftc.gov/bcp/edulmicrosites/idtheft/
• Debt Co]]ection FAQs:
http://www.ftc.gov/bcp/edulpubs/consumer/credit/cre 18.shtm

The Federal Bureau of Investigations has issued National Press Releases regarding two common
topics that consumers have experienced with Internet Payday Loans & collections thereof:

• Extortion Scam Related to Delinquent Payday Loans:


http://www.fbi.gov/news/pressreVpress-releases/paydayloanscam 120710

• New Twists to Telephone Co]]ection Scam Related to Delinquent Payday Loans:


http://www.fbi.gov/news/pressrel/press-releases/new-twists-to-telephone-collection-scam-
related-to-delinquent-payday-loans

Review your credit report for errors or inaccuracies. Consumers may receive a free copy of their
credit report once every 12 months from each of the three major credit agencies (Equifax,
Experian, and Transunion):

http://www.ftc.gov/bcp/edulmicrosites/freereports/index.shtml
We appreciate your bringing this matter to our attention. The infonnation that you provided will
be used as part ofa method of identifying lenders for further examination and review.

Sincerely,

Elizabeth Ralstin
Financial Examiner Analyst II
Division of Consumer Finance
Bureau of Enforcement
eJizabeth.ralstin@flofr.gov
(850) 410-9811
6/1/23, 11:37 AM Secure Messages - chase.com

Printed from Chase Personal Online

Your message has

been sent.

We’ll respond to your inquiry

in 1–2 business days.

Summary

What is this I have a question about one of my accounts


about?

Choose an TOTAL CHECKING (...0337)


account

Choose a Account inquiry


topic

Message Chase Bank,


RE: Claim number 874855016730001

Please be advised that I object to the updated


information about my claim number:
874855016730001, and the decision by Chase
Bank to remove $257.92 from my account on or
after 06/08/2023. Previously I provided Chase
Bank a letter from the State of Florida, Office of
Financial Regulation (OFR), dated May 19, 2023,
stating that OFR completed a review of my
complaint against Makwa Finance, and that the
lender is not licensed in Florida, and therefore is
an unauthorized lender. That means the loan is
unenforceable and uncollectable under section
560.125(1), of the Florida Statutes because
Makwa Finance is an unauthorized lender.

At this time it appears Chase Bank plans to

https://secure02ea.chase.com/web/auth/dashboard#/dashboard/secureMessagesArea/smcForms/newMessageConfirmation 1/2
6/1/23, 11:37 AM Secure Messages - chase.com

violate Florida law, and my consumer rights, by


paying Makwa Finance, an unauthorized lender,
$257.92 for a claim that is unenforceable and
uncollectable under section 560.125(1), of the
Florida Statutes. I urge Chase Bank to reconsider
its unlawful action. Thank you.

Sincerely,
Neil J. Gillespie
2801 SW College Road, Suite 3
Ocala, Florida 34474
Tel: 352-239-9037
Email: celticein@yahoo.com

Attachments

Attachments
See 2
attachments files

OK

https://secure02ea.chase.com/web/auth/dashboard#/dashboard/secureMessagesArea/smcForms/newMessageConfirmation 2/2
Commissioner Russell C. Weigel, III

May 19, 2023

MR. NEIL JOSEPH GILLESPIE


2801 SW COLLEGE ROAD SUITE 3
OCALA, FL 34474

Re: Complaint Activity Numbers: 115884 & 115887


Entities/Companies: FSST MANAGEMENT SERVICES, LLC & MAKWA LLC

Dear Mr. Gillespie:

The Office of Financial Regulation (OFR) has completed its review of your complaints.
Unfortunately, the payday lenders in question are not licensed by the OFR. Licensed Florida
payday lenders (also known as deferred presentment provider or installment deferred
presentment providers) are regulated by the OFR. However, a growing number of unlicensed
payday lending companies are preying on consumers. These unauthorized companies charge
interest and fees in excess of the permissible limits mandated by the state.

Florida has extensive rules that govern how payday lenders operate. Unlicensed lenders advertise
loans that fail to comply with Florida’s consumer protection laws, including the number of
payday loans that a consumer can have open at one time, the amount of the loan, and allowable
fees. While the offer of immediate cash might be enticing, these loans prey upon consumers who
may be experiencing financial distress and evade all the consumer protections offered by Florida
law.

Effective July 1, 2014, the Florida Legislature provided additional protections to


consumers in this state through a new law that renders any payday loan made by
unauthorized lenders unenforceable and uncollectable in Florida (see §560.125(1), Florida
Statutes).

We encourage consumers to be aware of unauthorized payday lenders, and to do their research


before taking out a payday loan. Consumers can confirm that a lender is licensed on the OFR
website (http://www.flofr.gov/) by clicking on “Verify a License”.

Under Florida Law, payday loans (deferred presentment transactions) must adhere to the
following guidelines:

• Loan cannot exceed $500.


• Borrower can have only one outstanding loan at any time. This is tracked through a
statewide loan database.

www.flofr.gov
200 East Gaines Street, Tallahassee, Florida 32399-0370
PH: (850) 487-9687 – FAX (850) 410-9663
• The fee may not exceed 10 percent of the amount borrowed. The lender may charge an
additional $5.00 verification fee, which must be supported by actual costs to the lender.
• Loan term must be between 7 and 31 days.
• Lender must provide the consumer a 60-day grace period without additional charge if the
consumer is unable to pay the loan in full by the end of the loan term.

Under Florida Law, installment payday loans (installment deferred presentment transactions)
must adhere to the following guidelines:

• Loans may not exceed $1,000.


• Borrower can have only one outstanding loan at any time. This is tracked through a
statewide loan database.
• The fee may not exceed 8 percent of the outstanding transaction balance on a biweekly
basis. The lender may charge an additional $5.00 verification fee, which must be
supported by actual costs to the lender.
• Prepayment penalties are prohibited.
• Loan term must be between 60 and 90 days.
• If consumer is unable to pay the scheduled payment, Lender must provide the opportunity
to defer the scheduled payment, at no additional fee or charge, until after the last
scheduled payment. Only one deferred payment is permitted for each installment payday
loan transaction.

The following websites provide additional information on how to handle collection agencies:

• Dispute an Item on Credit Report:


http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre21.pdf
• Report Identity Theft: http://www.ftc.gov/bcp/edu/microsites/idtheft/
• Debt Collection FAQs:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

The Federal Bureau of Investigations has issued National Press Releases regarding two common
topics that consumers have experienced with Internet Payday Loans & collections thereof:

• Extortion Scam Related to Delinquent Payday Loans:


http://www.fbi.gov/news/pressrel/press-releases/paydayloanscam_120710

• New Twists to Telephone Collection Scam Related to Delinquent Payday Loans:


http://www.fbi.gov/news/pressrel/press-releases/new-twists-to-telephone-collection-scam-
related-to-delinquent-payday-loans

Review your credit report for errors or inaccuracies. Consumers may receive a free copy of their
credit report once every 12 months from each of the three major credit agencies (Equifax,
Experian, and Transunion):

http://www.ftc.gov/bcp/edu/microsites/freereports/index.shtml
We appreciate your bringing this matter to our attention. The information that you provided will
be used as part of a method of identifying lenders for further examination and review.

Sincerely,

Elizabeth Ralstin
Financial Examiner Analyst II
Division of Consumer Finance
Bureau of Enforcement
elizabeth.ralstin@flofr.gov
(850) 410-9811
6/9/23, 2:27 AM Yahoo Mail - Re: Loan No. 6505514 - Makwa Finance - Installment Loan

Re: Loan No. 6505514 - Makwa Finance - Installment Loan

From: Neil J. Gillespie (celticein@yahoo.com)

To: customerservice@makwafinance.com

Date: Friday, June 9, 2023 at 02:24 AM EDT

Makwa Finance
Customer Service Department
Lac du Flambeau, WI 54538
customerservice@makwafinance.com

Please be advised that Neil Gillespie is not Native American, and is not
subject to Indian Reorganization Act of 1934. Neil Gillespie is not a
member of a federally recognized Indian tribe and is not subject to
Tribal Law. 

Neil Gillespie is a citizen of Florida, and a citizen of the United States,


under the Constitution and laws of Florida, and of the United States,
including the Fourteenth Amendment. Neil Gillespie resides in Marion
County, Florida, not on Tribal land. 

Apparently Makwa Finance is under a delusion when it believes that


making a $600 loan under Tribal law at FIVE HUNDRED (500)
percent interest is legal when made to a non-Tribal person not subject
Indian Reorganization Act of 1934. 

Any loans made in accordance with the Tribe’s Tribal Consumer


Financial Services Regulatory Code under Tribal law are void,
unenforceable, and uncollectable, when made to a non-Tribal person
not subject Indian Reorganization Act of 1934. 

Makwa Finance is engaged in loan sharking. In my view Makwa


Finance is a Racketeer Influenced and Corrupt Organization (RICO) in
violation of 18 U.S.C. §§ 1961–1968. Makwa Finance is a corrupt

about:blank 1/3
6/9/23, 2:27 AM Yahoo Mail - Re: Loan No. 6505514 - Makwa Finance - Installment Loan

enterprise, and by its own admission, operates its loan sharking activity
through a series of shell corporations, including LDF Holdings, and
L.D.F. Business Development Corporation.

Makwa Finance may have tribal sovereign immunity, that is a legal


question. But Chase Bank does not have tribal sovereign immunity.
Neil Gillespie closed his account with Chase Bank, thereby ending
Makwa Finance's access to his money. 

The Florida Office of Financial Regulation stated that loans made by


Makwa Finance are unenforceable and uncollectable under section
560.125(1), of the Florida Statutes because Makwa Finance is an
unauthorized lender. Therefore, Makwa Finance's loans are void in
Florida. 

Sincerely,
/s/
Neil J. Gillespie
Ocala, Florida 

On Friday, June 2, 2023 at 10:59:16 AM EDT, Customer Service <customerservice@makwafinance.com> wrote:

The Company is a wholly owned and operated subsidiary of LDF Holdings, LLC (“LDF Holdings”). LDF Holdings is a
wholly owned and operated subsidiary of the L.D.F. Business Development Corporation, which is a wholly owned and
operated economic arm and instrumentality of the Tribe. The Tribe is a federally recognized Indian tribe, organized
under a Constitution pursuant to the Indian Reorganization Act of 1934, 48 Stat. 984, 25 U.S.C. §§ 476, et seq., as
amended, and is identified on the United States Department of Interior’s list of federally acknowledged Indian Tribes.
83 FR 34863-01 (July 23, 2010/21/2022 12:42:12 PM18). The Company is an arm of the Tribe. As an arm of the
Tribe, the Company possesses all of the privileges and immunities of the Tribe. The Tribe and the Company are
entitled to tribal sovereign immunity and they are not subject to state law. Wells Fargo Bank, N.A. v. Lake of the
Torches Econ. Dev. Corp., 677 F. Supp. 2d 1056, 1061 (W.D. Wis. 2010) (holding that entities acting as arms of a
tribe are entitled to tribal sovereign immunity). 

The Company issues loans in accordance with the Tribe’s Tribal Consumer Financial Services Regulatory Code and
it is licensed under Tribal law. The customer’s loan agreement provided that it would be governed by the laws of the
Tribe, without regard to the laws of any state. The interest and fees applicable to the loan are permitted by Tribal law.
They were accurately and clearly reflected in the loan agreement that you, the customer signed before receiving the
loan. Our customers also receive a TILA disclosure that outlined the amount and date of each payment required
under the loan agreement. Due to its immunity, the loan is not subject to state law and the Company is not required to
be licensed with any state, which results in to making the loan Legal.

Thank you for reaching out to us. 

Makwa Finance

about:blank 2/3
6/9/23, 2:27 AM Yahoo Mail - Re: Loan No. 6505514 - Makwa Finance - Installment Loan

Customer Service Department


P.O. Box 343
Lac du Flambeau, WI 54538
Tel: (855)853-4392   Fax: (888)919-4182

The contents of this email are confidential and intended only for the recipient(s) to whom it is addressed. If you are
not an intended addressee, or the person responsible for delivering it to an intended addressee, you are hereby
notified that disseminating, disclosing, distributing or copying any of the information in this message is strictly
forbidden. If you received this message in error, please immediately contact the sender and delete the original
message and any copies immediately thereafter.

about:blank 3/3
Commissioner Russell C. Weigel, III

May 19, 2023

MR. NEIL JOSEPH GILLESPIE


2801 SW COLLEGE ROAD SUITE 3
OCALA, FL 34474

Re: Complaint Activity Numbers: 115884 & 115887


Entities/Companies: FSST MANAGEMENT SERVICES, LLC & MAKWA LLC

Dear Mr. Gillespie:

The Office of Financial Regulation (OFR) has completed its review of your complaints.
Unfortunately, the payday lenders in question are not licensed by the OFR. Licensed Florida
payday lenders (also known as deferred presentment provider or installment deferred
presentment providers) are regulated by the OFR. However, a growing number of unlicensed
payday lending companies are preying on consumers. These unauthorized companies charge
interest and fees in excess of the permissible limits mandated by the state.

Florida has extensive rules that govern how payday lenders operate. Unlicensed lenders advertise
loans that fail to comply with Florida’s consumer protection laws, including the number of
payday loans that a consumer can have open at one time, the amount of the loan, and allowable
fees. While the offer of immediate cash might be enticing, these loans prey upon consumers who
may be experiencing financial distress and evade all the consumer protections offered by Florida
law.

Effective July 1, 2014, the Florida Legislature provided additional protections to


consumers in this state through a new law that renders any payday loan made by
unauthorized lenders unenforceable and uncollectable in Florida (see §560.125(1), Florida
Statutes).

We encourage consumers to be aware of unauthorized payday lenders, and to do their research


before taking out a payday loan. Consumers can confirm that a lender is licensed on the OFR
website (http://www.flofr.gov/) by clicking on “Verify a License”.

Under Florida Law, payday loans (deferred presentment transactions) must adhere to the
following guidelines:

• Loan cannot exceed $500.


• Borrower can have only one outstanding loan at any time. This is tracked through a
statewide loan database.

www.flofr.gov
200 East Gaines Street, Tallahassee, Florida 32399-0370
PH: (850) 487-9687 – FAX (850) 410-9663
• The fee may not exceed 10 percent of the amount borrowed. The lender may charge an
additional $5.00 verification fee, which must be supported by actual costs to the lender.
• Loan term must be between 7 and 31 days.
• Lender must provide the consumer a 60-day grace period without additional charge if the
consumer is unable to pay the loan in full by the end of the loan term.

Under Florida Law, installment payday loans (installment deferred presentment transactions)
must adhere to the following guidelines:

• Loans may not exceed $1,000.


• Borrower can have only one outstanding loan at any time. This is tracked through a
statewide loan database.
• The fee may not exceed 8 percent of the outstanding transaction balance on a biweekly
basis. The lender may charge an additional $5.00 verification fee, which must be
supported by actual costs to the lender.
• Prepayment penalties are prohibited.
• Loan term must be between 60 and 90 days.
• If consumer is unable to pay the scheduled payment, Lender must provide the opportunity
to defer the scheduled payment, at no additional fee or charge, until after the last
scheduled payment. Only one deferred payment is permitted for each installment payday
loan transaction.

The following websites provide additional information on how to handle collection agencies:

• Dispute an Item on Credit Report:


http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre21.pdf
• Report Identity Theft: http://www.ftc.gov/bcp/edu/microsites/idtheft/
• Debt Collection FAQs:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

The Federal Bureau of Investigations has issued National Press Releases regarding two common
topics that consumers have experienced with Internet Payday Loans & collections thereof:

• Extortion Scam Related to Delinquent Payday Loans:


http://www.fbi.gov/news/pressrel/press-releases/paydayloanscam_120710

• New Twists to Telephone Collection Scam Related to Delinquent Payday Loans:


http://www.fbi.gov/news/pressrel/press-releases/new-twists-to-telephone-collection-scam-
related-to-delinquent-payday-loans

Review your credit report for errors or inaccuracies. Consumers may receive a free copy of their
credit report once every 12 months from each of the three major credit agencies (Equifax,
Experian, and Transunion):

http://www.ftc.gov/bcp/edu/microsites/freereports/index.shtml
We appreciate your bringing this matter to our attention. The information that you provided will
be used as part of a method of identifying lenders for further examination and review.

Sincerely,

Elizabeth Ralstin
Financial Examiner Analyst II
Division of Consumer Finance
Bureau of Enforcement
elizabeth.ralstin@flofr.gov
(850) 410-9811

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