July Report

William Casey Stillman, licensed broker, Atlantic County – On June 2, 2009, the Commission approved a consent order whereby Stillman agreed to re-take the 90 hour broker’s course and agreed to pay a $1,000 fine.  He admitted to a violation of N.J.A.C. 11:5-3.9 for failing to file an office closing affidavit within 30 days and N.J.S.A. 45:15-1 and 3 and N.J.S.A. 45:15-17(t) for engaging in the business of real estate while not properly licensed.

George White, Jr., licensed broker, Camden County – On June 2, 2009, the Commission approved a consent order whereby White agreed to pay a $5,000 fine.  His broker’s license will be revoked for a period of five years and he is ineligible to apply for a salesperson’s license for a period of one year.  He admitted a violation of N.J.S.A. 45:15-17(o) in that he commingled money of his principals with his own; N.J.S.A. 45:15-17(o) in that he failed to maintain and deposit in a special account, separate and apart from personal or other business accounts monies received by him in a real estate transaction; and N.J.S.A. 45:15-17(e) dishonesty and unworthiness.  He agreed to comply with the requirements of N.J.S.A. 45:15-12.3 and N.J.S.A. 45:15-12.4 upon revocation of his license.

June Report

Elias Valdez, formerly licensed salesperson, Passaic County – On June 23, 2009, the Commission approved a consent order whereby Valdez’s license was revoked until September 24, 2010 and he agreed to a $2,000 fine. He also admitted to five violations of N.J.S.A. 45:15-17(e), four violations of N.J.S.A. 45:15-17(s) and that his conduct demonstrated that he did not possess the requisite good moral character, honesty, integrity and truthfulness required by N.J.S.A. 45:15-9 in regard to the non-disclosure of two arrests and two convictions for shoplifting.

Michael Eliasof, licensed salesperson, Bergen County – On Tuesday January 27, 2009 at an ex parte hearing, the Commission revoked the real estate salesperson’s license of Michael Eliasof for a period of five years and imposed a $15,000 fine. Eliasof failed to disclose pending criminal charges to the Commission when he was initially licensed and failed to disclose a criminal conviction in a renewal application. The Commission found him guilty of two violations of N.J.S.A. 45:15-17(n) and (l), and one violation of N.J.S.A. 45:15-17(a) and (e). He is also required to appear before the Commission in the event that he re-applies for a license after the revocation period.

Paul Thompson, formerly licensed salesperson, Burlington County – On January 13, 2009, after an ex parte hearing, the Commission permanently revoked the salesperson’s license and eligibility for licensure of Paul Thompson. The Commission also imposed a $35,000 fine. On July 18, 2008, Thompson was convicted on theft by deception charges and the underlying conviction involved real estate activity. The Commission found that pursuant to N.J.S.A. 45:15-19.1, Thompson’s inactive real estate license was eligible for revocation. The Commission found Thompson guilty of violations of N.J.S.A. 45:15-17(e) and four counts of N.J.S.A. 45:15-17(l). Thompson’s license was returned to the Commission on February 23, 2006.

Thomas Gerbasio, formerly licensed salesperson, Cape May County – On April 21, 2009, the Commission approved a consent order whereby Gerbasio’s license was revoked for five years and he agreed to pay a $3,000 fine. Gerbasio admitted to two violations of N.J.S.A. 45:15-17(s), a violation of N.J.S.A. 45:15-17(e) and that his conduct demonstrated that he did not possess the requisite good moral character, honesty, integrity and truthfulness required by N.J.S.A. 45:15-9 in regard to a criminal conviction for securities fraud.

May Report

Cindy Rodriguez, salesperson, Mercer County – On May 5, 2009, the Commission approved a consent order whereby Cindy Rodriguez admitted a violation of N.J.S.A. 45:15-17(s) for failure to disclose pending criminal charges to the Commission within 30 days. She also admitted to a violation of N.J.S.A. 45:15-17(e) for conduct underlying theft criminal charges. Her license was revoked until July 1, 2014.

Mario Mendoza, salesperson, Union County – At a May 20, 2009 hearing, the Commission found Mendoza guilty of violations of N.J.S.A. 45:15-17(s), N.J.S.A. 45:15-17(e), N.J.S.A. 45:15-17(l) and N.J.S.A. 45:15-19.1 based upon an underlying federal fraud conviction. His license was revoked for a period of five years and a $2,500 fine was imposed.

April Report

Michael Eger, formerly licensed salesperson, Cape May County – On April 7, 2009, the Commission approved a consent order whereby Eger agreed to a violation of N.J.S.A. 45:15-17(e) and N.J.S.A. 45:15-17(l) and N.J.S.A. 45:15-9 in regards to a pending indictment. His license was revoked for a period of five years.

Van C. Kirchhoff, formerly licensed broker, Atlantic County – On April 7, 2009, the Commission approved a consent order whereby Kirchhoff agreed to the permanent revocation of his broker’s license. He had failed to notify the Department of Banking and Insurance of a NASD proceeding and sanction.

Lauren B. Shaw, salesperson, and Bruce Elia, broker-salesperson, Bergen County – On April 7, 2009, the Commission approved a consent order whereby Shaw admitted to a violation of N.J.A.C. 11:5-6.2(a)5 in failing to obtain the initials of the parties to a revision to a real estate contract. She agreed to a $3,000 fine. Elia agreed to a violation of N.J.A.C. 11:5-4.2(a)1 for failure to supervise Ms. Shaw and a $2,000 fine was imposed.

February Report

Achim Neumann, salesperson, and A. Neumann Associates, LLC, an unlicensed entity, Monmouth County – On February 20, 2009, the Commission approved a consent order whereby Neumann and A. Neumann Associates, LLC agreed to a violation of N.J.S.A. 45:15-1, N.J.S.A. 45:15-3 and N.J.S.A. 45:15-17(t) based upon their unlicensed activity in the handling of a real estate listing contract. They agreed to a $2,000 fine.

January Report

Charles E. Zimmer, licensed broker, and Zimmer Realty and Development, LLC, “ZRD”), formerly licensed real estate broker, and Michael G. Weinberg, formerly licensed real estate salesperson, Morris County – After a hearing on October 21, 2008, the Commission found Zimmer and ZRD guilty of two violations of N.J.S.A. 45:15-17(d) in that they failed to account for or pay over funds of others in two real estate transactions; N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c) in that they commingled money of their principals with their own, and failed to maintain in a special account, separate and apart from personal or other business accounts, all monies received by them acting in the capacity of a real estate broker or an escrow agent or the temporary custodian of the funds in a real estate transaction; N.J.S.A. 45:15-17(e) in that the above conduct demonstrates unworthiness and incompetency; N.J.S.A. 45:15-17(l) in that the above conduct demonstrates fraud and dishonest dealing; N.J.A.C. 11:5-6.4(a) in that they failed to protect and promote the interests of their principal; N.J.A.C. 11:5-5.4(b)(1) in that they failed to record the information required on the trust account checkbook stub and ledger for all deposits and disbursements of monies of others received; N.J.A.C. 11:5-5.4(b)(2) in that they failed to maintain a trust account ledger; N.J.A.C. 11:5-5.4(b)(3) in that they failed to perform at least a quarterly reconciliation; N.J.A.C. 11:5-5.4(e) in that they failed to maintain records; and N.J.A.C. 11:5-5.5 in that they failed to make all records available for inspection by the Commission’s investigators. Zimmer’s broker’s license was revoked for a period of seven years and he is ineligible for a salesperson’s license for three years. ZRD’s license is revoked for seven years. A $20,000 fine was imposed.

After an uncontested hearing, the Commission found Weinberg guilty of two violations of N.J.S.A. 45:15-17(d) in that he failed to account for or pay over funds of others in two real estate transactions; N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c) in that he commingled money of his principals with his own, and failed to maintain in a special account, separate and apart from personal or other business accounts, all monies received by him acting in the capacity of a real estate broker or an escrow agent or the temporary custodian of the funds in a real estate transaction; N.J.S.A. 45:15-17(e) in that the above conduct demonstrates unworthiness and incompetency; N.J.S.A. 45:15-17(l) in that the above conduct demonstrates fraud and dishonest dealing; and N.J.A.C. 11:5-6.4(a) in that he failed to protect and promote the interests of his principal. Weinberg’s salesperson’s license was revoked for life and a $50,000 fine was imposed.

Benjamin J. Mollema, salesperson, Bergen County – After an uncontested hearing on October 28, 2008, the Commission revoked Mollema’s salesperson’s license for life and imposed a $10,000 fine. Mollema was found to be in violation of N.J.S.A. 45:15-17(a) and N.J.S.A. 45:15-17(t) in that he made substantial misrepresentations to his clients regarding the authorization to collect advance commissions and his promised repayment of same; N.J.S.A. 45:15-17(e) in that he demonstrated incompetency, unworthiness, bad faith and incompetency; N.J.S.A. 45:15-17(l) fraud and dishonest dealing; N.J.A.C. 11:5-6.4 for failing to protect and promote the interests of his principal; N.J.S.A. 45:15-17(m) by accepting commission from someone other than his employing broker; and N.J.S.A. 45:15-17(d) for failing to account for or to pay over monies coming into his possession as a licensee.

Sharon Brogan, formerly licensed broker, and Distinctive Homes Realty LLC, formerly licensed broker, Monmouth County – On October 28, 2008, after a hearing in mitigation, the Commission found Brogan guilty of a violation of N.J.S.A. 45:15-17(a) for falsely representing to a salesperson that she would pay a salesperson a commission when she had already spent the funds; N.J.S.A. 45:15-17(e) in that such conduct demonstrates unworthiness, bad faith and dishonesty; N.J.S.A. 45:15-17(l) in that such conduct constitutes fraud and dishonest dealing; and N.J.S.A. 45:15-17(e) for depositing funds into the trust account for payment of MLS fees. Both Respondents were found guilty of violations of N.J.S.A. 45:15-17(t) and N.J.A.C. 11:5-4.1 (three counts); N.J.S.A. 45:15-17(d) for failing to account for or pay over monies belonging to others; N.J.S.A. 45:15-13 and N.J.S.A. 45:15-17(t) in that they failed to notify the Commission of a change in address; N.J.A.C. 11:5-3.9 and N.J.S.A. 45:15-17(e) in that they failed to submit an office closing affidavit in a timely manner. Brogan’s real estate license was revoked for five years and her eligibility for a salesperson’s license was revoked for two years. Distinctive Homes Realty LLC’s broker’s license was revoked for five years. A $9,000 fine was imposed.

Juan C. Escobar, licensed broker, and Unicasa Golden Touch Realty, broker, Bergen County – On January 6, 2009, the Commission approved a consent order whereby they admitted to violations of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c) in that they commingled money of their principals with their own, and failed to maintain in a special account, separate and apart from personal or other business accounts, all monies received by them acting in the capacity of a real estate broker; and N.J.A.C. 11:5-6.4(a) in that they failed to protect and promote the interests of their principals. A $10,000 fine was imposed. Escobar’s broker’s license is revoked for five years from February 9, 2009, and he is ineligible to hold a salesperson’s license for one year from February 9, 2009. Any reinstated license will be held on a probationary basis for two years.

Edward Mawhinney, formerly licensed salesperson, Morris County – On January 6, 2009, the Commission approved a consent order whereby Mawhinney agreed to violations of N.J.S.A. 45:15-19.1, N.J.S.A. 45:15-17(e), and N.J.S.A. 45:15-17(l) based upon an underlying bank fraud and embezzlement conviction. His license was revoked until April 10, 2012, or the length of his criminal sentence, whichever is longer.

Luz E. Cardoza, salesperson, and Sonnia P. Pepe, salesperson, Hudson County – On January 13, 2009, the Commission approved a consent order whereby Cardoza agreed to a $5,000 fine and a two-year revocation of her license. Any reinstated license will be held on a probationary basis for a period of two years. Cardoza was found guilty of a violation of N.J.S.A. 45:15-17(a) and (e) in that she entered into a contract for the purchase of property which attested to a deposit knowing that the deposit had not been made; N.J.S.A. 45:15-17(e) in that she forwarded a second deposit check knowing that it would be dishonored; N.J.S.A. 45:15-17(q) in that she failed to disclose her licensee status as a salesperson in the contract; N.J.A.C. 11:5-6.4 and N.J.S.A. 45:15-17(t) in that she failed to deal fairly with all parties to the transaction; N.J.S.A. 45:15-17(l) in that her conduct constitutes fraud and dishonest dealing; N.J.S.A. 45:15-17(d) in that she failed to account for or pay over monies belonging to others coming into her possession as a licensee; N.J.S.A. 45:15-17(o), N.J.S.A. 45:15-17(t) and N.J.A.C. 11:5-5.1(c) in that she failed to promptly maintain and deposit the initial deposit into the trust or escrow account. The Commission approved another consent order whereby Pepe agreed to a violation of N.J.S.A. 45:15-17(d) in that she failed to account for or to pay over monies belonging to others coming into her possession as a real estate licensee. She was fined $1,000. 

December Report

Brian McGuinness, licensed New Jersey real estate broker and M Realty, LLC, licensed New Jersey real estate broker, Bergen County – On September 23, 2008, the Commission found McGuinness guilty of three violations of N.J.S.A. 45:15-17(s) for failing to notify the Commission within 30 days of his arrest, accusation and conviction; five counts of N.J.S.A. 45:15-17(e); N.J.S.A. 45:15-17(l); and N.J.S.A. 45:15-17(n). He was also found guilty of N.J.S.A. 45:15-17(a); N.J.S.A. 45:15-17(e); N.J.S.A. 45:15-17(l); N.J.S.A. 45:15-17(n) and N.J.S.A. 45:15-17(t); and N.J.A.C. 11:5-4.4 for representing that a real estate office was located at an address, when no office was present, as well as N.J.A.C. 11:5-4.4 for having an office in a residential property without complying with home office requirements. He also was found to be in violation of N.J.S.A. 45:15-9. His license was revoked for a period of five years and a fine of $10,000 was imposed.

Gloria Nilson, licensed broker-salesperson, Monmouth County – On December 2, 2008, the Commission approved a consent order whereby Nilson admitted to a violation of N.J.A.C. 11:5-6.4(g) for failing to transmit a written offer to the property owner within 24 hours of receipt and agreed to pay a $2,000 fine.

November Report

Joel Oyekunle, an unlicensed person and Realtex Professional Group, an unlicensed entity – After an uncontested hearing on November 18, 2008, the Commission found Joel Oyekunle and Realtex Professional Groups, Inc. guilty of three violations of N.J.S.A. 45:15-1, N.J.S.A. 45:15-3 and N.J.S.A. 45:15-17(t) in that they engaged in real estate brokerage activity without a license; two violations of N.J.S.A. 45:15-17(j) in that they used the insignia of a trade organization that they were not members of; three violations of N.J.S.A. 45:15-17(a) in that they made substantial misrepresentations; one violation of N.J.S.A. 45:15-17(c) in that they engaged in a continued course of misrepresentation; and two violations of N.J.S.A. 45:15-17(l) in that they engaged in fraud and dishonest dealing. The Commission held that both Respondents are fined joint and severally in the amount of $100,000 and that they are both permanently ineligible for a New Jersey real estate license. They were ordered to permanently cease and desist from engaging in real estate brokerage activity or holding themselves out as real estate brokers.

Richard A. Weidel, Jr., broker, Mercer County – On October 7, 2008, the Commission approved a consent order whereby Weidel admitted to a violation of N.J.A.C. 11:5-6.4(a) and agreed to pay a $2,000 fine.

John A. Worth, broker, and Worth & Worth Associates, Inc., broker, Middlesex County – On October 7, 2008, the Commission approved a consent order whereby they admitted to violations of N.J.S.A. 45:15-17(n), N.J.S.A. 45:15-17(e), N.J.S.A. 45:15-17(o), N.J.S.A. 11:5-5.1(c) and N.J.A.C. 11:5-5.1(e), N.J.A.C. 11:5-6.4, N.J.A.C. 11:5-4.1(b), N.J.A.C. 11:5-5.5, and N.J.A.C. 11:5-4.1(e). Worth agreed to a 6 month revocation of his broker’s license and a fine of $5,000. The violations related to issuing a check to the Commission for the payment of licensing fees which was drawn against insufficient funds, failing to promptly deposit a deposit in a real estate transaction, failing to maintain business records and failing to maintain an employment agreement with a salesperson in his office.

Terry Ewald, former salesperson, Salem County – On October 7, 2008, the Commission approved a settlement whereby Ewald admitted to violations of N.J.S.A. 45:15-17(d), in that she failed to account for or to pay over monies belonging to others coming into her possession as a real estate licensee; N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(c), in that she commingled the money of her principal with her own; N.J.S.A. 45:15-17(e), in that the above stated events demonstrate unworthiness, bad faith and dishonesty; N.J.A.C. 11:5-6.4(a), in that by the above described actions, she failed to protect and promote the interests of her principal; and N.J.S.A. 45:15-17(l), in that her conduct constitutes fraud and dishonest dealing. Ms. Ewald agreed to pay a fine in the amount of $1,000 and a ten year loss of licensure.

John Walsh, licensed broker-salesperson, Hudson County – On November 18, 2008, the Commission approved a consent order whereby Walsh admitted to violations of N.J.S.A. 45:15-17(m), for accepting commission or other valuable consideration from a person other than his employing broker, N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(c) in that he commingled money of his principals with his own, and N.J.S.A. 45:15-17(e) in that his conduct demonstrates unworthiness. He was fined $8,000. His license was revoked for a period of six months and upon reinstatement, his license will be held on a probationary basis for a period of two years. He is ineligible to obtain a broker’s or broker salesperson’s license for a period of ten years.

Justin Pandelo, licensed salesperson, Union County – On November 18, 2008, the Commission approved a consent order whereby Pandelo admitted to a violation of N.J.S.A. 45:15-17(e), N.J.S.A. 45:15-17(n), N.J.S.A. 45:15-17(a), N.J.S.A. 45:15-17(l), and N.J.S.A. 45:15-17(s), and N.J.S.A. 45:15-9. Pandelo failed to disclose pending criminal charges in a reinstatement application. The underlying charges were later dismissed. His license was suspended for thirty days and he is ineligible for a broker’s license for a period of three years. He was fined $1,500.

September Report

Frances Pepe, formerly licensed real estate broker, and One Realty Partners, LLC, formerly licensed real estate broker – On September 16, 2008, the Commission approved a consent order whereby Pepe agreed to a violation of N.J.S.A. 45:15-17(n) and N.J.S.A. 45:15-17(e) for paying license renewal fees with a check that was returned for insufficient funds and a violation of N.J.A.C. 11:5-3.9(c) for failing to file an office closing affidavit within thirty days of the date of which they ceased engaging in the real estate brokerage business. They agreed to a fine of $3,000 and Pepe is required to complete the 30 hour pre-licensure course on office management and related topics.

Ana I. Rivera, licensed real estate salesperson – On June 24, 2008, after an ex parte hearing, the Commission found Ana Rivera guilty of violations of N.J.S.A. 45:15-17(n) in that she procured a license by fraud, misrepresentation and deceit, N.J.S.A. 45:15-17(a) in that her conduct constitutes a substantial misrepresentation, N.J.S.A. 45:15-17(e) in that said conduct demonstrates unworthiness, bad faith and dishonest dealing, and N.J.S.A. 45:15-17(l), in that her conduct demonstrates fraud and dishonest dealing. Ms. Rivera failed to disclose a pending criminal charge in her application for licensure as a salesperson. Ms. Rivera’s license was revoked for a period of two years and a fine of $1,000 was imposed.

Robert Graham, licensed real estate salesperson, Union County – After a full hearing on July 29, 2008, the Commission found Robert Graham, a licensed real estate salesperson, guilty of a violation of N.J.S.A. 45:15-17(a), N.J.S.A. 45:15-17(n), 2 counts of N.J.S.A. 45:15-17(s) and three counts of N.J.S.A. 45:15-17(e). Mr. Graham failed to notify the Commission within thirty days of a 2005 indictment and subsequent conviction. He also failed to disclose same on a renewal application. His salesperson’s license was revoked for six months and he was fined $2,500. His application for a broker’s license was denied.

Dennis Perkins, formerly licensed real estate salesperson, Morris County – On September 16, 2008, the Commission approved an amended Consent Order whereby Dennis Perkins, a formerly licensed real estate salesperson, was found guilty of two violations of N.J.S.A. 45:15-17(s) for failing to notify the Commission within 30 days of a 2003 indictment and conviction and one violation of N.J.S.A. 45:15-17(a) for not disclosing the indictment on a renewal application for the 2003-2005 licensing term. A $1,500 fine was imposed and Perkins’ reinstated salesperson’s license will be held on a probationary basis for a period of one year.

Gary Verga, licensed New Jersey real estate broker, and Prestige Property Group, licensed real estate broker, Bergen County – After an ex parte hearing, the Commission revoked the respondents’ licenses for a period of ten years. Verga was ordered to pay a fine of $10,000 and make full restitution to a consumer. They were found guilty of violations of N.J.S.A. 45:15-17(n) in that they obtained real estate licenses through fraud, misrepresentation and deceit by issuing a check to the Commission drawn against insufficient funds, 2 counts of N.J.S.A. 45:15-17(d) in that they failed to account for or pay over the funds of others in two real estate transactions, N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c) in that they commingled money of their principals with their own, and failed to maintain in a special account, separate and apart from personal or other business accounts, all monies received by them acting in the capacity of a real estate broker, N.J.S.A. 45:15-17(e), in that the above stated events demonstrate unworthiness, bad faith and dishonesty, N.J.S.A. 45:15-17(a), substantial misrepresentation, N.J.A.C. 11:5-6.4(a) in that they failed to protect and promote the interests of their principal and N.J.S.A. 45:15-17(l) fraud and dishonest dealing.

John Ciocca, licensed New Jersey real estate broker, and Prestige Property Group, licensed real estate broker, Burlington County – On June 3, 2008, after an ex parte hearing, Ciocca’s license was revoked for a period of seven years and he was fined $10,000 and ordered to pay $1,000 in restitution to a consumer. He was found guilty of violations of N.J.S.A. 45:15-17(d) for failing to pay over monies belonging to others coming into his possession as a real estate licensee, N.J.S.A. 45:15-17(o) and N.J.S.A. 45:15-17(c) in that he commingled the money of his principals with his own, N.J.S.A. 45:15-17(e) in that the above stated events demonstrate unworthiness, incompetency, bad faith and dishonesty, N.J.A.C. 11:5-6.4(a) in that he failed to protect and promote the interests in his principal, N.J.S.A. 45:15-17(l) in that the above conduct constitutes fraud and dishonest dealing, and N.J.S.A. 45:15-17(e) in that he failed to cooperate with the Commission investigator’s request to provide documents. 

August Report

Jeffrey J. Lehman and Philip Lehman Company, Ltd., formerly licensed brokers, Morris County – On July 1, 2008, the Commission approved a consent order whereby Lehman and Philip Lehman Company, Ltd. agreed to permanent revocation of their real estate licenses. The parties entered into a separate consent order with the Department of Banking and Insurance’s Division of Consumer Protection Services as a result of a Market Conduct Examination report which alleged that Lehman and Philip Lehman Company, Ltd. had violated various provisions of the insurance laws of the State. In that consent order, Lehman and Philip Lehman Company Ltd. agreed to surrender their insurance producer licenses, to pay a fine of $50,000 and to never apply for insurance producer licenses again.

Alexander Garay, licensed real estate salesperson, Hunterdon County – On July 1, 2008, the Commission approved a consent agreement whereby Garay agreed to a revocation of his license until November 14, 2012. Garay admitted that he was convicted of a theft offense and that his criminal conduct demonstrated fraud and dishonest dealing. Garay admitted to violations of N.J.S.A. 45:15-17(e), N.J.S.A. 45:15-17(l), N.J.S.A. 45:15-17(s), and N.J.S.A. 45:15-19.1. He was convicted of theft by deception. 

Wendy DeCou, licensed salesperson, Burlington County – After a full hearing on March 25, 2008, the Commission found Wendy DeCou guilty of violations of N.J.S.A. 45:15-17(a), 2 counts of N.J.S.A. 45:15-17(e), 2 counts of N.J.A.C. 11:5-6.4(a), N.J.S.A. 45:15-17(l), and N.J.S.A. 45:15-17(c). Based on these violations the Commission imposed a $5,000 fine and suspended her real estate license for a one year period. DeCou negotiated two real estate transactions without the knowledge of her employing broker and represented that a deposit had been collected when it had not.

June Report

Madelin Zapata, broker, and Fausto Diaz, formerly licensed salesperson, Union County – On April 9, 2008, the Commission approved a consent order whereby Zapata agreed to a violation of N.J.A.C. 11:5-4.2(a)(1) in that she did not properly supervise the activities of Fausto Diaz, a licensed salesperson with her firm who placed an advertisement for the rental of an apartment on craigslist.com which indicated “no children.” She agreed to pay a $2,000 fine. On June 10, 2008, the Commission approved a settlement whereby Diaz admitted to a violation of N.J.S.A. 45:15-17(e), in that the above conduct constitutes incompetency because such conduct indicated a discriminatory preference and limitation for prospective applicants who have children under the age of 18, and N.J.A.C. 11:5-6.4(j) for failing to provide a current copy of a summary of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq., to the property owner. Diaz agreed to pay a $1,000 fine. The Commission declined to approve the consent order in the absence of confirmation of Mr. Diaz having undertaken training on housing discrimination provided by the New Jersey Division of Civil Rights because, contrary to the New Jersey Law Against Discrimination, such conduct indicated a discriminatory preference.

Paul Mancuso, salesperson, Bergen County – On May 13, 2008, the Commission found Mr. Mancuso guilty of a violation of N.J.S.A. 45:15-17(s) for failing to notify the Commission within 30 days of the filing of criminal charges against him. A $1,000 fine was imposed. Mancuso was also ordered to submit to the fingerprinting process for a criminal history record background check.

May Report

Norman E. Dellas, Jr., salesperson, Cape May County – At a hearing on November 27, 2007, which was continued until February 26, 2008, the Commission revoked Mr. Dellas’s license for a period of ten years. Mr. Dellas was found to lack the honesty, integrity and trustworthiness that all licensees must possess in order to qualify for licensure under N.J.S.A. 45:15-9 and found to be in violation of N.J.S.A. 45:15-17(e) due to his criminal conviction. 

Matthew Bader, salesperson, and Edward Collins, broker, Atlantic County – On May 20, 2008, the Commission approved a consent agreement whereby Bader admitted to a violation of N.J.S.A. 45:15-17(a) and N.J.A.C. 11:5-6.4 because he misrepresented his status as the owner/landlord rather than merely the contract purchaser on a rental listing agreement. He agreed to re-take the salesperson’s pre-licensure education course and pay a fine in the amount of $5,000. His license will be held on probation for a period of two years. Collins admitted he failed to supervise the activities of Bader, in violation of N.J.A.C. 11:5-4.2(a)(1) and he agreed to pay a fine of $2,500.

Cathy Levey, salesperson and Ronald Mammano, broker-salesperson, Ocean County – On May 6, 2008, the Commission approved two separate consent orders. Levey admitted that she failed to collect the second deposit in a transaction and agreed to a violation of N.J.A.C. 11:5-6.4 and N.J.S.A. 45:15-17(e). Levey agreed to the one-year revocation of her license and to pay a fine of $1,500. Mammano, the branch office supervisor, agreed to a violation of N.J.S.A. 45:15-17(e) for failing to supervise the actions of Levey in her handling of a real estate transaction. He agreed to complete the 30 hour pre-licensure course on office management and related topics which is offered as part of the broker pre-licensure education course and to pay a fine of $1,500.

Nirva Tullis, salesperson, Somerset County – On May 13, 2008, the Commission approved a consent agreement whereby Nirva Tullis agreed to a one-year revocation of her salesperson’s license and a $1,000 fine. Ms. Tullis admitted to violating N.J.S.A. 45:15-17(a), N.J.S.A. 45:15-17(e), and N.J.S.A. 45:15-17(l). She fraudulently signed listing agreements on behalf of four sellers who were not aware that their homes were being listed for sale. The listings were promptly withdrawn when her broker became aware of her activities.

Harold Stamateris, salesperson, Morris County – On May 13, 2008, the Commission approved a consent agreement whereby Harold Stamateris agreed to the revocation of his real estate salesperson’s license until December 12, 2012, or the length of his entire criminal sentence, whichever is longer. Stamateris was convicted on money laundering and theft by deception charges. He agreed to violations of N.J.S.A. 45:15-19.1, N.J.S.A. 45:15-17(e), in that he has engaged in conduct which demonstrates unworthiness, dishonesty and bad faith and N.J.S.A. 45:15-17(l), in that his conviction and conduct underlying his conviction demonstrate fraud and dishonest dealing.

Ilsin Kim, salesperson, Bergen County – On May 20, 2008, the Commission approved a consent order whereby Kim agreed to a violation of N.J.S.A. 45:15-17(e) and N.J.A.C. 11:5-6.4. She agreed to a six-month revocation of her license and a fine in the amount of $1,000. She admitted to using the keys in a broker lock box in order to allow potential buyers to move into a property prior to the execution of contract of sale or a use and occupancy agreement.

April Report

Donald Baldyga, salesperson, Morris County – On April 8, 2008, the Commission approved a consent agreement whereby Donald Baldyga agreed to the revocation of his license until August 17, 2010 and to pay a fine of $3,000. Mr. Baldyga was convicted on August 17, 2005 on one count of equity skimming in United States District Court, District of Maine. He admitted to violations of N.J.S.A. 45:15-9, N.J.S.A. 45:15-19.1, four counts of N.J.S.A. 45:15-17(e), N.J.S.A. 45:15-17(a), N.J.S.A. 45:15-17(n), N.J.S.A. 45:15-17(l) and two counts of N.J.S.A. 45:15-17(s).

Michael Rincon, salesperson, Union County – On April 8, 2008, the Commission approved a settlement whereby Mr. Rincon admitted to a violation of N.J.S.A. 45:15-17(e). Rincon admitted that he brought unauthorized materials into the testing center when taking the New Jersey real estate broker’s examination. His real estate salesperson’s license was suspended for a period of three months and he agreed to pay a $1,500 fine. Moreover, Rincon is ineligible to take the broker’s examination for a period of three years following the suspension of his salesperson’s license.

March Report

Deborah L. Andrews, broker-salesperson, Camden County – On March 11, 2008, the Commission approved a consent order whereby Ms. Andrews agreed to an 18 month revocation of her broker-salesperson’s license, and that any subsequent license will be held on probation for a period of 12 months. She also agreed to pay a fine of $1500. Ms. Andrews admitted to a violation of N.J.S.A. 45:15-17(e) and that she did not notify the Commission within 30 days of the filing of criminal charges against her, in violation of N.J.S.A. 45:15-17(s).

Denise Baskerville, salesperson, Morris County – On March 11, 2008, the Commission approved a consent order whereby Ms. Baskerville agreed to a six-year revocation of her real estate license and a $1000 fine. Ms. Baskerville admitted to a violation of N.J.S.A. 45:15-17(e) and N.J.S.A. 45:15-17(s) based upon her guilty plea in 2007 to federal conspiracy charges.

Keith Moody, salesperson, Passaic County – On March 11, 2008, the Commission approved a settlement whereby Moody agreed to the revocation of his real estate license for the longer of a period of five years or the completion of his criminal sentence. Moody has pled guilty and will imminently be sentenced on conspiracy charges in U.S. District Court.

Ana Castro, salesperson, Hudson County – On March 11, 2008, the Commission approved a settlement whereby Castro agreed to violations of N.J.S.A. 45:15-19.1, N.J.S.A. 45:15-17(e) and N.J.S.A. 45:15-17(l). She was found guilty in U.S. District court on a multiple count indictment alleging mail fraud, conspiracy to commit mail fraud, conspiracy to engage in check kiting, conspiracy to structure currency transactions and structuring financial transactions. She agreed to a license revocation for the longer of a period of 5 ½ years or until she is released from supervised release.

February Report

James Bryant, salesperson, Somerset County – At a hearing on February 26, 2008, the Commission found James D. Bryant guilty of a violation of N.J.S.A. 45:15-17(n), procuring a license by fraud, misrepresentation and deceit; and a violation of N.J.S.A. 45:15-17(l) and three violations of (e) in that the conduct underlying his criminal conviction, the conduct underlying the suspension of his North Carolina real estate license and his providing of false information on his New Jersey real estate application, demonstrated fraud and dishonest dealing. The Commission also found Mr. Bryant guilty of a violation of N.J.S.A. 45:15-17(h) because he had been convicted of a crime, knowledge of which the Commission did not have at the time of last issuing a real estate license to him. Finally, the Commission found that by providing false information on his license application Mr. Bryant did not possess the requisite good moral character, honesty, integrity and trustworthiness. Mr. Bryant was fined $10,000 and his license was revoked until July 1, 2010. In addition, Mr. Bryant is ineligible to apply for a real estate broker’s license for a period of 10 years. At the time he applied for his New Jersey salesperson’s license, Mr. Bryant did not disclose that his North Carolina real estate license was revoked and that he was convicted of embezzlement in North Carolina.

January Report

Cynthia Houser, salesperson, Morris County – After a hearing on January 29, 2008, the Commission found Houser guilty of six violations of N.J.S.A. 45:15-17(s) for failing to notify the Commission within 30 days of the filing of criminal charges and convictions. Her broker’s license was granted on a probationary basis pending the disposition of the criminal charges presently pending.

Paul Thompson, salesperson, Burlington County – After an uncontested hearing on January 29, 2008, the Commission suspended the salesperson’s license of Paul Thompson pending the outcome of criminal charges in Burlington County. Thompson has been indicted on 14 counts, including theft by deception, which related to his activities as a real estate licensee. He allegedly accepted down payments for properties which never materialized or were based on false information provided by Thompson and could not proceed to closing.

Craig Jez, formerly licensed salesperson, Mercer County – On January 29, 2008, the Commission approved a settlement whereby Mr. Jez admitted to violations of N.J.S.A. 45:15-17(a), N.J.S.A. 45:15-17(d), N.J.S.A. 45:15-17(e), N.J.S.A. 45:15-17(o), N.J.A.C. 11:5-5.1(m), N.J.A.C. 11:5-6.4(a), and N.J.S.A. 45:15-17(l). He agreed to pay a fine of $10,000 and agreed to a five-year period of revocation. Mr. Jez deposited an initial deposit for a real estate transaction into his own personal checking account.

Dominic DiGioia, salesperson, Union County – On January 29, 2008, the Commission approved a settlement whereby Mr. DiGioia admitted to a violation of N.J.S.A. 45:15-2, unlicensed activity, by engaging in real estate activity for an entity which was not licensed and a violation of N.J.A.C. 11:5-6.4. He agreed to pay a $5,000 fine.

Sean Blount, salesperson, Essex County – On January 8, 2008, after an uncontested hearing, the Commission found Mr. Blount guilty of violations of N.J.S.A. 45:15-17(n), procuring a license by fraud, misrepresentation and deceit, and N.J.S.A. 45:15-19.1 based upon a theft by deception conviction. His license was revoked for five years from the date of his conviction and he was fined $1,000.

Peter Rychok, salesperson, Essex County – On January 8, 2008, the Commission approved a Consent Order whereby Rychok agreed to a permanent revocation of his real estate license. Rychok has entered into a separate Consent Agreement with the Department’s Division of Consumer Protection Services whereby he agreed to the revocation of his insurance producer’s license and agreed to pay a fine of $12,500 and never to apply for an insurance producer’s license again. The underlying conduct related to insurance fraud.