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Real Estate Commission
Disciplinary Actions (archive) |
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| 2009 |
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November
Michael Tepedino, Jr., licensed broker, Gloucester County – After an ex parte hearing on February 24, 2009, the Commission found Tepedino guilty of three violations of N.J.S.A. 45:15-17(e), unworthiness and dishonesty, by failing to collect and account for three deposits totaling $9,750 under a contract of sale; three violations of N.J.S.A. 45:15-17(e), unworthiness and dishonesty, by failing to deposit the monies into the escrow account; a violation of N.J.A.C. 11:5-6.4 and N.J.S.A. 45:15-17(t), failing to deal fairly with all parties, by failing to notify the sellers or their agents of the changes in the terms of the contract of sale and failure to collect all deposits as required in the contract; two violations of N.J.S.A. 45:15-17(a), substantial misrepresentation, by drafting the contract of sale, having it executed by the parties, and witnessing/attesting to the terms of the contract which indicated that the $5,000 and $2,000 deposit were collected and held in the escrow account of Net Realty Group, LLC, when those deposits were not made; a violation of N.J.S.A. 45:15-17(e), incompetency, in that by failing to attach the notice required by In re Opinion 26, 139 N.J. 323 (1995) to the contract of sale, Respondent engaged in the unauthorized practice of law; and N.J.A.C. 11:5-5.4(b)(2) in that the Respondent failed to maintain a ledger book for all trust accounts. Respondent’s broker’s license was revoked for a period of three years and he is ineligible for licensure as a salesperson for three years. If attempting re-licensure in the future, he must fully re-qualify for a real estate license as if he was never previously licensed as a broker. He was fined $7,500.
Kellie Maul, licensed salesperson, Cumberland County – By Order dated August 4, 2009, the Commission granted a motion for reconsideration and modified penalties set forth in a Commission order dated January 21, 2009. The Commission found Maul guilty of 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 licensee; N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-1(c) in that she commingled the money of her principals with her own; N.J.S.A. 45:15-17(e) in that her conduct demonstrated incompetence and unworthiness; N.J.A.C. 11:5-6.4(a) in that she failed to protect and promote the interests of her principal and N.J.S.A. 45:15-3 and N.J.S.A. 45:15-17(t) in that she did operate under the supervision of her employing broker. Her license was revoked for one year from January 21, 2009 and she was fined $2,500. She is also required to repeat the salesperson’s licensing education prior to reinstatement of her license.
Mark K. Rothlein, licensed broker, Ocean County – On June 2, 2009, the Commission approved a consent order whereby Rothlein agreed to pay a $5,000 fine. His broker’s license will be revoked for a period of five years and he will be ineligible for a salesperson’s license for a period of one year. He admitted to a violation of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1 in that he commingled money of his principals with his own and 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 to a violation of N.J.S.A. 45:15-17(e) in that he engaged in conduct demonstrating 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 the revocation of his license.
James W. Ostlund, licensed real estate broker, Essex County – On July 14, 2009, the Commission approved a consent order whereby Ostlund admitted to a violation of N.J.S.A. 45:15-17(o) in that he commingled money of his principals with his own and a violation of N.J.S.A. 45:15-17(e) in that such conduct demonstrates dishonesty and unworthiness. Ostlund also admitted to a violation of N.J.S.A. 45:15-17(e) in that he engaged in conduct demonstrating incompetency by failing to maintain and deposit monies received in a real estate transaction in a special account. His broker’s license will be revoked for a period of seven years and a $10,000 fine was imposed. He is eligible for a salesperson’s license in three years. 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.
July
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
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
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
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
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
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. |
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| 2008 |
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December
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
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
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
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
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
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
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
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
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
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. |
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December
Moshe Gohar, salesperson, Monmouth County – On December 4, 2007, the Commission approved a settlement whereby Mr. Gohar agreed to a five-year revocation of his salesperson’s license and a $3,000 fine. Gohar was convicted in federal court of conspiracy to make a corrupt payment to a public official.
Cynthia Rivera, salesperson, Passaic County – On December 4, 2007, the Commission found Ms. Rivera guilty of two counts of N.J.S.A. 45: 15-17(e) for failing to disclose a New York grand larceny conviction on her 2002 salesperson’s application and her 2007 broker’s application and one count of N.J.S.A. 45: 15-17(h). She was ordered to pay a $1,500 fine.
November
John Swartz, salesperson, Gloucester County – On November 13, 2007, the Commission found Mr. Swartz guilty of a violation of N.J.S.A. 45:15-19.1, N.J.S.A. 45:15-17(l), N.J.S.A. 45:15-17(h), and N.J.S.A. 45:15-17(e), in that the conduct underlying his bankruptcy fraud conviction demonstrated unworthiness, bad faith, and dishonesty. Based upon those violations, the Commission revoked his salesperson’s license for a period of six months and affirmed the initial denial of his application for licensure as a broker.
October
Michael Maurio, former salesperson, Mercer County – On October 30, 2007, the Commission found that Mr. Maurio violated N.J.S.A. 45:15-19.1, N.J.S.A. 45:15-17(l) and N.J.S.A. 45:15-17(e) based upon a 2005 tax evasion and mail fraud conviction. Mr. Maurio’s salesperson’s license was revoked for a period of five years retroactive to the date of his conviction of September 21, 2005. He will not be eligible for licensure until September 21, 2010.
H. Donald Stewart, Sr., broker, Gloucester County – On October 30, 2007, the Commission found Mr. Stewart guilty of violations of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c), N.J.S.A. 45:15-17(e), N.J.A.C. 11:5-6.4(a), N.J.A.C. 11:5-4.2 and 11:5-5.4 (a) (b) & (c). Based on those violations, Mr. Stewart’s broker’s license was revoked for a period of two years, effective April 1, 2008, and he was fined $2,000. He will be eligible for licensure as a salesperson subsequent to the effective date of the revocation as a broker.
Leslie Barney, broker-salesperson, Bergen County and American Heritage Realty, licensed broker – On October 23, 2007, the Commission approved a settlement whereby Mr. Barney admitted to a violation of N.J.A.C. 11:5-4.1(g) for failing to pay a salesperson within 30 days of a court judgment. Mr. Barney was required to pay a fine of $2,000 by December 1, 2007, as well as the amount owed in the judgment.
Harry D. Stewart, Jr., broker-salesperson, Gloucester County – On August 21, 2007, after finding that prima facie evidence existed that Mr. Stewart may have violated N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a), the Commission temporarily suspended Mr. Stewart’s broker-salesperson’s license pending a plenary hearing. On October 16, 2007, the Commission approved a settlement wherein Mr. Stewart admitted to violations of N.J.S.A. 45:15-17(o); N.J.A.C. 11:5-5.1(a) and (c); N.J.S.A. 45:15-17(e); N.J.A.C. 11:5-6.4(a) and N.J.S.A. 45:15-17(l). Mr. Stewart agreed to the 10 year revocation of his license as well as the payment of a $10,000 fine.
Todd Sayland, salesperson, Atlantic County – On October 16, 2007, the Commission found Mr. Sayland guilty of violations of N.J.S.A. 45:15-17(e) for his failure to collect deposit monies and his failure to notify his supervisor of a real estate transaction; N.J.S.A. 45:15-17(e) and N.J.A.C. 11:5-6.9(b) for his failure to obtain a separately signed consent to disclosed dual agency and two violations of N.J.A.C. 11:5-6.4 for not properly protecting the interests of his clients in miscalculating the total amount due on a contract he prepared and failing to collect the deposit money and notify his clients that the deposit had not been collected. The Commission also found him guilty of two violations of N.J.S.A. 45:15-17(a) because he told his clients that the deposit money had been collected and the buyer had obtained a mortgage commitment, when in fact there was not. His license was revoked for a period of five years and a fine of $5,000 was imposed.
Donna Brunner, broker-salesperson and Joanne Cavalier, broker, Cape May County – On October 2, 2007, the Commission found that Ms. Brunner and Ms. Cavalier violated N.J.S.A. 45:15-17(e) by failing to ensure that dates were entered on a contract of sale and amendments. The Commission issued a reprimand.
September
Jody Clancy, salesperson, Camden County – On September 25, 2007, the Commission approved a settlement in which Ms. Clancy admitted that she secured two separate listings for the sale of real property on behalf of a broker prior to the transfer of her real estate salesperson license from another broker, in violation of N.J.A.C. 11:5-3.11(c). Ms. Clancy agreed to pay a $5,000 fine.
Leonardo Garzon, salesperson, Union County – On September 25, 2007, the Commission found Mr. Garzon guilty of a violation of N.J.S.A. 45:15-12.8 in that he failed to immediately deliver trust funds to his broker for deposit, and guilty of violations of N.J.S.A. 45:15-1 and N.J.S.A. 45:15-17e by engaging in real estate activity on behalf of Remax 2000 on or about October 12 when he was not properly licensed with Remax 2000. He was also found guilty of a violation of N.J.A.C. 11:5-6.4 and N.J.S.A. 45:15-17(a) and (e). Based on the violations, Mr. Garzon’s license was suspended for the balance of the license term, i.e., until June 30, 2009, and he was fined $1,000.
Justin Park, salesperson, Bergen County – On September 11, 2007, the Commission found Justin Park guilty of violations of N.J.S.A. 45:15-17(d), N.J.S.A. 45:15-17(o), N.J.S.A. 45:15-17(e), N.J.S.A. 45:15-17(l), N.J.S.A. 45:15-17(m) and N.J.S.A. 45:15-16 as well as N.J.A.C. 11:5-6.4(a) and N.J.A.C. 11:5-5.1(c). Mr. Park had collected a commission for a rental transaction and failed to turn it over to his broker. Mr. Park’s license was revoked for a period of two years and he was fined $2,500.
July
Ana Carmona, formerly licensed real estate salesperson, broker, Middlesex County – On July 31, 2007, after a hearing in mitigation, the Commission found Ana Carmona guilty of violations of N.J.S.A. 45:15-19.1, N.J.S.A. 45:15-17(l), and N.J.S.A. 45:15-17(e) based upon an insurance fraud conviction. Ms. Carmona’s license was revoked until June 20, 2011.
Christina Congleton, salesperson, Cape May County – On July 31, 2007, after a hearing in mitigation, the Commission found Christina Congleton guilty of a violation of N.J.S.A. 45:15-17(e) in that she engaged in conduct demonstrating unworthiness and dishonesty and N.J.S.A. 45:15-17(s) in that she failed to notify the Commission within 30 days of the August 20, 2004 criminal indictment against her. The Commission determined that Ms. Congleton’s conduct demonstrates that she does not possess good moral character as required by N.J.S.A. 45:15-9. Her license was revoked for a period of two years.
Margaret Guber Nulty, broker-salesperson, Camden County – On July 31, 2007, the Commission approved a settlement in which the Respondent agreed to a violation of N.J.A.C. 11:5-4.4(a) in failing to supervise the advertising activities of a salesperson in her office and agreed to a $750 fine.
Ira Bloom, salesperson, Essex County – On July 17, 2007, after a hearing in mitigation, Mr. Bloom was found guilty of a violation of N.J.S.A. 45:15-19.1 and his license was revoked for a period of one year and afterwards his license will be held on a probationary basis to run concurrently with his criminal probation. Mr. Bloom's conviction established that he has engaged in conduct demonstrating fraud and dishonest dealing, in violation of N.J.S.A. 45:15-17(l) and unworthiness in violation of N.J.S.A. 45:15-17(e).
Nicholas Tselepis, broker, Passaic County – On July 17, 2007, a memorandum of settlement was entered into in under which the Respondent admitted to a violation of N.J.A.C. 11:5-6.1(m) by placing an advertisement which can be interpreted to require the consumer to enter into a sale, listing or other real estate contract as a condition of the promotion or offer. Mr. Tselepis agreed to pay a fine in the amount of $1,000.
Christine Caggiano, broker, Ocean County – On July 17, 2007, a memorandum of settlement was entered into, under the terms of which Ms. Caggiano admitted to violations of N.J.S.A. 45:15-17(e), N.J.A.C. 11:5-3.11, N.J.S.A. 45:15-17(k), and N.J.S.A. 45:15-17(d). Ms. Caggiano failed to submit the license transfer application paperwork and renewal applications to the Commission for two licensees in a timely manner. She agreed to pay a $10,000 fine, complete 60 hours of broker's education coursework and her broker's license will be held on a probationary basis for a period of six months.
June
Stuart Cohen, salesperson, Cape May County – On June 26, 2007, after a full hearing, the Commission found Mr. Cohen guilty of a violation of N.J.A.C. 11:5-6.4(f)(3) and N.J.A.C. 11:5-6.9(g)(3) and N.J.S.A. 45:15-17(e). A $500 fine was assessed.
Khalid Mohtady, broker, and Kokila Parikh, broker-salesperson, Middlesex County – After a full hearing, on June 12, 2007, the Commission found Mr. Mohtady guilty of a violation of N.J.A.C. 11:5-4.2 for failing to supervise the activities of Ms. Parikh and ordered a fine of $5,000. Ms. Parikh was fined $5,000 and was required to take and successfully complete a thirty hour ethics course. Ms. Parikh was found guilty of a violation of N.J.A.C. 11:5-6.4(a) in that she failed to protect and promote the interests of her clients and placed her own interest above that of the seller by making an entry on a contract of sale that the seller would not entertain any other offers until the end of the attorney review period.
Leslie Boston, salesperson, Hudson County – On June 12, 2007, the Commission approved a settlement in which Ms. Boston agreed to a violation of N.J.S.A. 45:15-17(e), N.J.S.A. 45:15-17(m), N.J.S.A. 45:15-17(k), N.J.A.C. 11:5-6.2(g), N.J.A.C. 11:5-6.9 and N.J.S.A. 11:5-6.4. She agreed to pay a $500 penalty, a license revocation of a period of three months and is required to retake the salesperson's pre-licensure education course prior to relicensure. Ms. Boston prepared a contract of sale and collected a broker's fee without the knowledge of her employing broker.
David Scalera, broker, Union County – On June 5, 2007, the Commission approved a settlement in which the Respondent admitted to a violation of N.J.A.C. 11:5-4.1 and N.J.A.C. 11:5-5.5 and agreed to pay a $500 fine for failing to have a signed written employment agreement with a salesperson in his office.
May
Richard Booth, broker-salesperson, Camden County – On May 22, 2007, the Commission approved a settlement in which the Respondent admitted to a violation of N.J.A.C. 11:5-4.2(1) failure to supervise the activities of a salesperson, N.J.A.C. 11:5-5.1 failure to deposit escrow monies promptly, N.J.A.C. 11:5-5.4 failure to perform a reconciliation of the escrow account, and N.J.A.C. 11:5-6.4 for failing to timely inform the parties that an escrow check was returned for insufficient funds.
April
Hyun Pak, broker, Monmouth County – On April 17, 2007, the Commission revoked Mr. Pak’s broker’s license and imposed a $5000 fine. Mr. Pak was found guilty of two violations of N.J.S.A. 45:15-17(e) for failing to cooperate with the Commission in the performance of its duties in failing to comply with a subpoena issued by the Commission compelling the production of documents in the course of an investigation and threatening conduct towards a Commission investigator. The Commission also ordered that all office signage for Green Point Realty be removed and Mr. Pak must cease and desist from representing himself as a real estate broker.
Jacqueline Thompson, salesperson, Camden County – On April 3, 2007, the Commission found Ms. Thompson guilty of a violation of N.J.S.A. 45:15-17(d), by failing to account for or to pay over monies belonging to others coming into her possession as a real estate licensee, N.J.S.A. 45:15-1, unlicensed activity, N.J.S.A. 45:15-17(e) (incompetency), and N.J.S.A. 45:15-16 because she accepted valuable compensation from someone other than her employing broker. Ms. Thompson, while licensed as a real salesperson, was also a principal in J&N Investment Co. and accepted funds from a consumer for the purpose of assisting him in obtaining investment properties. The funds were returned after the Real Estate Commission investigation. The Commission revoked Ms. Thompson’s license for a period of three months, imposed a fine of $500, ordered her to cease and desist from engaging in the real estate brokerage business through J&N Investment Co. and required Ms. Thompson to re-take the salesperson’s education course.
March
Michael T. Quinn, broker, Morris County – On March 27, 2007, the Commission approved a proposed settlement in which Michael Quinn agreed to a $1500 fine. Mr. Quinn admitted to violating N.J.S.A. 45:15-13 in that he failed to notify the Commission of his change of office address, N.J.A.C. 11:6.1(a)(2) in that he failed to display on the exterior of his maintained place of business his name and the words, “Licensed Real Estate Broker,” and N.J.A.C. 11:5-4.1 in that he failed to produce a signed employment agreement for a licensee who worked in his office.
Daniel Riggsbee, salesperson, Hudson County – On March 20, 2007, the Real Estate Commission revoked the salesperson’s license of Daniel Riggsbee for a period of 5 years and imposed a fine of $5,000. Mr. Riggsbee was found guilty of violating N.J.S.A. 45:15-17(d), N.J.S.A. 45:15-17(o), N.J.S.A. 45:15-17(e), N.J.S.A. 45:15-17(l), N.J.S.A. 45:15-17(m), N.J.A.C. 11:5-5.1 and N.J.S.A. 11:5-6.4. Mr. Riggsbee admitted that he did not turn over broker’s fee funds coming into his possession to his employing broker, Empire Realty Group. Instead, Mr. Riggsbee deposited the funds into his own personal account and spent the monies. The broker of Empire Realty Group has reimbursed the complaintants. Any reinstatement application with the Commission is contingent upon Mr. Riggsbee refunding his broker.
January
Michael Conenna, salesperson, Atlantic County – On Jan. 9, 2007, the Real Estate Commission revoked Michael Conenna’s real estate salesperson’s license until Oct. 8, 2009, and found Mr. Conenna guilty of N.J.S.A. 45:15-19.1, N.J.S.A. 45:15-17(e), unworthiness, dishonesty and bad faith, and N.J.S.A. 45:15-17(l), fraud and dishonest dealing. Any reapplication subsequent to that date will be subject to the Rehabilitated Convicted Offenders Act and any other applicable laws. On Oct. 8, 2004, Mr. Conenna pled guilty in federal court to various health care fraud, mail fraud and marriage fraud offenses. He was sentenced to three years probation and required to make restitution. |
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| 2006 |
December
Kathy C. Shiau, broker, Middlesex County – On December 19, 2006, at a proof hearing at which Respondent failed to appear, the Commission revoked Ms. Shiau’s license for two years and assessed a fine of $1,000 for violations of N.J.S.A. 45:15-17(a) in making misrepresentations on her license application and N.J.S.A. 45:15-12 for failing to maintain an office open to the public; and N.J.A.C. 11:5-4.4(b) in not having a home office that complied with the requirements as set forth in that regulation.
Jerome DiPentino, broker, Atlantic County – On December 19, 2006, after a full hearing, the Commission revoked Mr. DiPentino’s license from March 1, 2007 until June 30, 2009 for violations of N.J.S.A. 45:15-17(e) conduct demonstrating unworthiness, bad faith and dishonesty; N.J.S.A. 45:15-17(l) conduct demonstrating fraud or dishonest dealing. The violations were all related to Mr. DiPentino’s criminal conviction on five counts of income tax evasion.
Deval Patel, salesperson, Middlesex County – On December 12, 2006, the Commission approved a settlement whereby Mr. Patel agreed to pay a fine of $500 for violation of N.J.S.A. 45:15-17(a) for making a material misrepresentation on a license application.
September
Zahirul Hasan, unlicensed – On September 26, 2006, after a full hearing, the Commission determined that Mr. Hasan was not eligible to hold a real estate license. The Commission found that Mr. Hasan’s actions in obtaining a second school certificate by lying about losing his first school certificate and in misrepresenting his criminal history on the license examination/application demonstrated that he did not possess the requisite good character, honesty, integrity and trustworthiness that a candidate must possess under N.J.S.A. 45:15-9.
Sheryl Schubert, salesperson, Morris County – On September 26, 2006, after a full hearing, the Commission revoked Ms. Schubert’s license for one year and imposed a fine of $1,000 for violations of N.J.S.A. 45:15-17(a), misrepresentation, and 45:15-17(n), obtaining a license by fraud, misrepresentation or deceit. The Commission further found that Ms. Schubert was not eligible to hold a license under N.J.S.A. 45:15-9 since she had not fulfilled the qualifications as set forth in that statute.
Juan Zapata, formerly licensed salesperson, Bergen County – On September 19, 2006, after a full hearing, the Commission revoked Mr. Zapata’s license until July 1, 2010 and imposed a $2,000 fine for violations of N.J.S.A. 45:15-17(e) unworthiness, dishonesty and bad faith; and 45:15-17(n), obtaining a license by fraud, misrepresentation or deceit. The Commission further found that Mr. Zapata was not eligible to hold a license under N.J.S.A. 45:15-9 and 45:15-12.1 since he had not fulfilled the qualifications as set forth in that statute. Mr. Zapata failed to disclose a theft conviction on his application for a real estate license.
Christopher Maia, salesperson, Union County – On September 19, 2006, after a full hearing, the Commission revoked Mr. Maia’s license until March 19, 2009 and imposed a $500 fine for violations of N.J.S.A. 45:15-17(a), misrepresentation; 45:15-17(e) unworthiness, dishonesty or bad faith; 45:15-17(h) being convicted of a crime, knowledge of which the Commission did not have at the time of last issuing a real estate license to him; and 45:15-17(n), obtaining a license by fraud, misrepresentation or deceit. The Commission further found that Mr. Maia was not eligible to hold a license under N.J.S.A. 45:15-9 since he had not fulfilled the qualifications as set forth in that statute. Mr. Maia failed to disclose prior criminal convictions on his application for a real estate license.
Paul Cibelli, Jr., salesperson, Somerset County – On September 12, 2006, the Commission approved a settlement wherein Mr. Cibelli agreed to surrender his license with prejudice pending the final disposition of the criminal charges pending against him.
July
Lawrence Reid, broker, Bergen County – On July 25, 2006, after a hearing in mitigation, the Commission found that Mr. Reid had violated N.J.A.C. 11:5-4.2(a)(1), broker supervision and oversight of office operations regarding submission of a license application. A six-month period of probation was imposed. No fine was assessed.
May
Lourdes Adan Abreu, broker, Bergen County – On May 16, 2006, after a full hearing, the Commission revoked Ms. Adan Abreu’s license for a period of one year pursuant to N.J.S.A. 45:15-19.1, effective July 15, 2006. The Commission’s action occurred as a result of Ms. Adan Abreu’s conviction on the offense of criminal conspiracy to defraud the United States. The Commission further found that the conduct underlying the criminal offense demonstrated unworthiness and dishonesty in violation of N.J.S.A. 45:15-17(e) and fraud and dishonest dealing in violation of N.J.S.A. 45:15-17(l).
Rene Abreu, brokersalesperson, Bergen County – On May 2, 2006, after a full hearing, the Commission revoked Mr. Abreu’s license pursuant to N.J.S.A. 45:15-19.1 for ten years or until he has completed the period of supervised release as set forth in his criminal conviction, whichever is longer. The Commission’s action occurred as a result of Mr. Abreu’s criminal conviction on the offenses of conspiracy, fraud and structuring money transactions. The Commission further found that the conduct underlying the criminal offenses demonstrated unworthiness and dishonesty in violation of N.J.S.A. 45:15-17(e) and fraud and dishonest dealing in violation of N.J.S.A. 45:15-17(l).
April
Shawn Ross, salesperson, Union County – On April 25, 2006, after a full hearing, the Commission found that Ms. Ross had violated N.J.S.A. 45:15-17(n), procuring a license by fraud, misrepresentation or deceit when she completed a real estate salesperson’s license application and misrepresented that she had not been convicted of a criminal offense. The Commission found that her conduct in providing false information to the Commission and constituted violations of N.J.S.A. 45:15-17(a), misrepresentation and N.J.S.A. 45:15-17(e), unworthiness, bad faith and dishonesty. The Commission revoked Ms. Ross’s salesperson’s license for one year and imposed a fine of $500.
Walter Hinson, salesperson, Camden County – On April 25, 2006, after a full hearing, the Commission found that Mr. Hinson has violated N.J.S.A. 45:15-17(n) in that he obtained a license by misrepresentation, fraud or deceit by failing to disclose his criminal convictions when he applied for a license, and that his action in providing false information demonstrated unworthiness and dishonesty. The Commission revoked Mr. Hinson’s license for six months and assessed a fine of $1,000.
March
Dorothy Nicklus, broker and instructor, Morris County – On March 28, 2006, after a full hearing, the Commission found Ms. Nicklus had violated N.J.S.A. 45:15-17(n), procuring a license by fraud, misrepresentation or deceit when she completed three license applications and misrepresented that she had not had her New York broker’s license suspended. The Commission found that her conduct in providing false information to the Commission and the conduct underlying the suspension of her New York real estate license constituted violations of N.J.S.A. 45:15-17(e), unworthiness, bad faith and dishonesty. The Commission revoked Ms. Nicklus’s broker’s license and her instructor’s license for five years. She will be ineligible to apply for a salesperson’s license for five years as well. The Commission assessed a $3,000 fine. A Motion for Reconsideration was denied by the Commission on January 7, 2011.
Donna Januik, salesperson, Union County – On March 21, 2006, after a full hearing, the Commission suspended Ms. Januik’s license pursuant to N.J.S.A. 45:15-19.1 for 90 days to be followed by a period of probation to coincide with her criminal probation. The Commission’s action occurred as a result of Ms. Januik’s conviction on the offense of criminal conspiracy to commit tax fraud. The Commission further found that the conduct underlying the criminal offense demonstrated unworthiness and dishonesty in violation of N.J.S.A. 45:15-17(e) and fraud and dishonest dealing in violation of N.J.S.A. 45:15-17(l).
February
Muhammad Nasir, salesperson, Middlesex County – On February 28, 2006, after a full hearing, the Commission revoked Mr. Nasir’s real estate salesperson’s license for five years based on his having been found by the Superior Court of New Jersey in a civil matter to have committed insurance fraud. The New Jersey Real Estate Commission found that such conduct constituted conduct demonstrating unworthiness, bad faith and dishonesty, in violation of N.J.S.A. 45:15-17(e) and fraud or dishonest dealing in violation of N.J.S.A. 45:15-17(l).
January
Victor Wexler, formerly licensed salesperson, Bergen County – On January 10, 2006, after a full hearing, the Commission revoked Mr. Wexler’s eligibility to hold a real estate salesperson’ s license pursuant to N.J.S.A. 45:15-19.1 for five years from the date of his criminal conviction (until June 5, 2010.) The Commission’s action occurred as a result of Mr. Wexler’s conviction on the offense of criminal conspiracy to commit wire fraud and commercial bribery. The Commission further found that the conduct underlying the criminal offenses demonstrated unworthiness and dishonesty in violation of N.J.S.A. 45:15-17(e).
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| 2005 |
November
Robert Fraser, broker-salesperson, Bergen County – On November 15, 2005, the Commission entered an order revoking Fraser's license until February 10, 2008 based upon his recent conviction on theft related charges. Furthermore, the Commission found Fraser guilty of a violation of N.J.S.A. 45:15-17(e) in that he engaged in conduct which demonstrates bad faith and dishonesty and N.J.S.A. 45:15-17(l) in that the criminal and civil fraud cases demonstrate that Fraser has engaged in fraud or dishonest conduct.
Kevin Bryant, salesperson, Essex County – The Commission found that Mr. Bryant violated N.J.S.A. 45:15-17(n) and N.J.S.A. 45:15-17(e). Mr. Bryant's salesperson's license will be held on a probationary basis for a period of six months with quarterly reports from his employing broker and he must notify the Commission within 72 hours if he is charged with or convicted of any criminal or disorderly persons offense.
July
James Dwyer, broker, Cape May County – On July 19, 2005, the Commission revoked James Dwyer's real estate broker's license for a period of nine years or until he released from supervised release, whichever is later. Dwyer was found guilty of a violation of N.J.S.A. 45:15-17(e), in that his recent federal conviction demonstrates unworthiness, and a violation of N.J.S.A. 45:15-17(l) in that he engaged in conduct which constitutes fraud or dishonest dealing. On June 10, 2005, Dwyer was sentenced to nine years in prison after being convicted on 10 counts of fraud for using false tax returns and financial statements in order to secure mortgages.
June
Ronald Oakley, formerly licensed salesperson, Atlantic County – On June 28, 2005, after a full hearing, Mr. Oakley was found guilty of two violations of N.J.S.A. 45:15-17(n) and a violation of N.J.S.A. 45:15-17(e) in that providing false information to the Commission and his criminal history demonstrate that he has engaged in conduct which displays unworthiness. Mr. Oakley is ineligible for licensure as a real estate salesperson until July 1, 2007 and a $500 fine was imposed.
Stephen Chakler, formerly licensed salesperson, Atlantic County – After an uncontested hearing on June 28, 2005, the Commission found Mr. Chakler guilty of violations of 45:15-17(n) procuring a license by misrepresentation and 45:15-17(e) in that providing false information on his application and having been convicted on theft related offenses establish that he has engaged in conduct which demonstrates his unworthiness for licensure. Mr. Chakler was fined $2000 and his eligibility for licensure as a salesperson was revoked for a period of five years.
Thomas Bowen, formerly licensed salesperson, Ocean County – After an uncontested hearing on June 7, 2005, the Commission found Mr. Bowen guilty of violating N.J.S.A. 45:15-17(s) in that he failed to notify the Real Estate Commission within thirty days of his arrest and imposed a $1,000 fine.
John Clinedinst, and Booth Agency, brokers, Somerset County – On June 7, 2005, at an uncontested hearing, the Real Estate Commission found that Clinedinst had violated N.J.S.A. 45:15-17(e) in failing to comply with a duly served subpoena in the course of a Commission investigation, and N.J.A.C. 11:5-3.9 in failing to file an office closing affidavit within 30 days of his cessation of business. The Commission revoked Clinedinst's broker license for 5 years and assessed fines of $6,000.
Nadine Van Berry, formerly licensed salesperson, Atlantic County– On Tuesday June 7, 2005, the Commission suspended Nadine Van Berry's eligibility for licensure as a real estate salesperson pending the resolution of her criminal indictment. Ms. Van Berry was arrested and indicted, along with her husband, on federal attempted robbery and bribery charges as part of a scheme to arrange a robbery of Atlantic City tax receipts as well as a bribery of a West Cape May public official. To date, no trial date has been set.
May
Edward Adam, salesperson, Hudson County – After a full hearing on May 10, 2005, the Commission found Mr. Love guilty of two violations of N.J.S.A. 45:15-17(n) in that he procured a real estate license by misrepresentation and two violations of N.J.S.A. 45:15-17(e), in that by doing so, he has demonstrated unworthiness for licensure. Mr. Adam's real estate salesperson's license was revoked until November 10, 2005 and a fine of $1000 was imposed.
Andrew O'Connell, broker, Essex County – On May 3, 2005, the Real Estate Commission found O'Connell guilty of N.J.S.A. 45:15-17(n) in that he procured a real estate license by misrepresentation and N.J.S.A. 45:15-17(e), in that his actions as an appraiser and his action of misrepresentation constitutes unworthiness. Mr. O'Connell's real estate salesperson's license was revoked for a period of five years and he was fined $2,500.
April
Richard Love, formerly licensed salesperson, Monmouth County – On April 26, 2005, after an uncontested hearing, the Real Estate Commission found Mr. Love guilty of a violation of 45:15-17(n) in that he procured a real estate license by misrepresentation and 45:15-17(e), misrepresentation. Mr. Love's eligibility for licensure was revoked for a period of one year and a $1000 fine was imposed. Mr. Love failed to disclose prior convictions on his application for licensure.
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| 2004 |
December
Lourdes Adan Abreu, broker, Hudson County – Ms. Abreu appeared before the Real Estate Commission on December 14, 2004 for a full hearing. Abreu pled guilty in the United States District Court for the District of New Jersey, on one count of conspiracy to defraud the Internal Revenue Service, in violation of 18 U.S.C. 371. The Commission reserved decision on this matter pending a judgment of conviction and sentencing in underlying action. As of 1/1/05, she has not yet been sentenced in the criminal matter.
November
Juracy Borges, salesperson, Essex County – After a hearing on November 30, 2004, the Real Estate Commission found that Juracy Borges had violated N.J.S.A. 45:15-17(e), unworthiness, bad faith and dishonesty, N.J.S.A. 45:15-17(a), misrepresentation, and N.J.S.A. 45:15-17(l), fraud. Ms. Borges admitted to falsifying a Certificate of Code Compliance, a City of Newark document, in order to bring about the sale of a property. Ms. Borges's real estate salesperson's license was suspended for a period of one year and any reissued future license will be held on a probationary basis for a period of two years with quarterly reports from her employing broker.
Kelly Walker, salesperson, Morris County – At a full hearing on November 9, 2004, the Commission revoked the license eligibility of Kelly Walker until May 21, 2009 for her conviction on an enumerated offense (theft) under that section, and found her guilty of 45:15-17(e), unworthiness, bad faith and dishonesty for the conduct underlying her theft conviction.
September
Edward J. Adam, salesperson, Hudson County – On September 21, 2004, after a full hearing, the Commission found that Mr. Adam was in violation of N.J.S.A. 45:15-17(n) in that he procured a license by fraud, misrepresentation and deceit when he failed to disclose criminal convictions; 45:15-17(e), unworthiness, bad faith and dishonesty by failing to disclose those convictions, and for the conduct underlying those convictions; and 45:15-9, in that he did not possess the good moral character, honesty integrity and trustworthiness that all licensees must possess. The Commission revoked his license for five years and assessed a $1,000 fine.
June
David Gross, salesperson, Burlington County – On June 29, 2004, after a full hearing, the Commission found that Mr. Gross was guilty of three violations of N.J.S.A. 45:15-17(n), procuring a license by fraud, misrepresentation and deceit, and N.J.S.A. 45:15-17(e), unworthiness. Mr. Gross failed to notify the Commission of his criminal convictions and of the suspension of his real estate appraiser's license. The Commission suspended Mr. Gross' salesperson's license for one year and assessed $2,500 in fines.
Henry Newbold, salesperson, Morris County – After a full hearing on June 8, 2004, the Real Estate Commission imposed a five year period of ineligibility as a real estate salesperson and an eight year period of ineligibility as a real estate broker upon Henry Newbold. Newbold did not disclose the revocation of his New Jersey Board of Real Estate Appraisers trainee permit on his real estate broker-salesperson license renewal application, in violation of violated N.J.S.A. 45:15-17(a). The Commission also found Newbold guilty of a violation of N.J.S.A. 45:15-17(e) in that he signed his supervisor's name to appraisal reports and used comparable sales that did not exist.
May
Nazareth Shahinian, unlicensed person, Union County – On May 4, 2004, after a full hearing, the Commission found that Shahinian violated N.J.S.A. 11:5-3.4(a) by copying test questions and making notes for personal use during the administration of a real estate salesperson's license examination. Furthermore, his conduct has demonstrated that he did not possess the requisite good character, honesty, integrity and trustworthiness all candidates for licensure must possess pursuant to N.J.S.A. 45:15-9. Shahinian was barred from taking the real estate salesperson's license examination for two years from May 4, 2004 and must re-qualify.
April
Evelyn Wellens, formerly licensed salesperson, Bergen County – After a full hearing on April 6, 2004, the Commission found that Ms. Wellens violated N.J.S.A. 45:15-17(a) and (e), for failing to disclose that an indictment was pending against her on an application for reinstatement of a real estate salesperson's license. The Commission found that pursuant to N.J.S.A. 45:15-19.1, her eligibility to hold a real estate license was subject to revocation because she had recently been convicted of grand larceny and fraud. Furthermore, the conduct underlying her conviction constituted fraud and dishonest dealing, in violation of N.J.S.A. 45:15-17(l). The Real Estate Commission imposed a one year revocation of eligibility based upon her misrepresentation, followed by an additional five year revocation based upon her criminal convictions.
Derrick Morris, salesperson, Bergen County – On April 6, 2004, pursuant to N.J.S.A. 45:15-19.1, the Commission revoked Mr. Morris's license for seven years, based on his conviction for a theft related offense and because the conduct underlying his conviction demonstrates unworthiness, dishonesty and bad faith, in violation of N.J.S.A. 45:15-17(e).
February
Fayleesha Williams, salesperson, Union County – After a full hearing on February 3, 2004, the Commission found that Williams violated N.J.S.A. 45:15-17(n), procuring a license by misrepresentation, and N.J.S.A. 45:15-17(a), unworthiness and dishonesty. The Commission further found that she was ineligible to hold a license under N.J.S.A. 45:15-12.1 because she had been convicted of a theft offense within the past five years, and because the conduct underlying her conviction demonstrated that she did not possess the good moral character, honesty, integrity and trustworthiness that all candidates for licensure must possess pursuant to N.J.S.A. 45:15.9. The Commission revoked Ms. Williams' license until July 27, 2006.
January
Brian Hernandez, salesperson, Bergen County – On January 6, 2004, after a full hearing, the Commission accepted the voluntary surrender of Hernandez's real estate salesperson's license with prejudice pending the disposition of criminal charges. If the charges are dismissed prior to June 30, 2005, his real estate license shall be returned upon application for reinstatement. If dismissal or any other disposition occurs after June 30, 2005, respondent must comply with N.J.S.A. 45:15-9 prior to any license being issued. If convicted, Hernandez must appear before the Commission prior to any license being issued. |
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| 2003 |
June
Sherlene Green Guthrie, salesperson, Union County – After a full hearing on June 24, 2003, pursuant to N.J.S.A. 45:15-12.1, the Commission determined that the Respondent was not eligible to hold a salesperson's license because she was convicted of a theft offense within the past five years. The Commission found that Ms. Guthrie procured a license by fraud, misrepresentation, or deceit when failing to disclose a prior conviction at the time of applying for a license. Her license was revoked for five years.
Gallina Ginsberg, salesperson, Union County – After a full hearing on June 10, 2003, pursuant to N.J.S.A. 45:15-17(n), the Real Estate Commission suspended Ms. Ginsberg's license for three months, finding that Ms. Ginsberg procured a license by fraud, misrepresentation or deceit when failing to disclose a prior conviction at the time of applying for a license. Thereafter, any license issued to her will be held on probation for an additional two-year period, during which time her employing broker must submit quarterly reports to the Commission staff. The Commission also imposed a fine of $1,500.
Patricia Guyton, salesperson, Middlesex County – On June 3, 2003, the Commissioner approved a settlement in which Ms. Guyton admitted that she had violated N.J.S.A. 45-15-17(n) in that she procured a license by fraud, misrepresentation or deceit when she lied on her application and did not disclose that she had a criminal history. Her license was suspended for six months and after a license is reinstated, it will be held on probation for two and a half years. She also agreed to pay a $1,000 fine.
March
Norma Mitchell, salesperson, Camden County – On March 11, 2003, after a full hearing at which Ms. Mitchell failed to appear, the Commission found that she had violated N.J.S.A. 45:15-17(e) unworthiness, bad faith and dishonesty and (n) in procuring a salesperson's license through fraud, misrepresentation and deceit when she falsely stated on her license application that she had not been convicted of any crime. The Commission revoked Ms. Mitchell's license until March 31, 2008 and imposed a $5,000 fine.
January
Ray Houston, salesperson, Essex County – On January 28, 2003, after a full hearing, Commission found that he had violated N.J.S.A. 45:15-17(e) unworthiness, bad faith and dishonesty, and (n) in procuring a salesperson's license through fraud, misrepresentation and deceit when he falsely stated on his license application that he had not been convicted of any crime. The Commission revoked Mr. Houston's license for three years, or until his release from criminal probation, whichever is later, and imposed a $1,000 fine.
Joseph M. Kuzar, Jr., salesperson, Mercer County - In a settlement agreement, Mr. Kuzar agreed to a suspension of his salesperson's license until January 1, 2004, for his failure to disclose pending criminal charges at the time he applied for a real estate license.
Paul Said, broker-salesperson, Bergen County - Did not contest an allegation of a violation of N.J.S.A. 45:15-17(e), in bringing unauthorized papers into a broker test site. $2,000 fine. Must requalify for licensure as a broker-salesperson. |
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| 2002 |
December
Jon Roth, broker of record, and ADDM Corp., t/a Roth's Real Estate, broker, Cape May County – After hearings held on December 3, and 17, 2002, the Real Estate Commission found that Jon Roth and Roth's Real Estate was in violation of N.J.S.A. 45:15-17(d), (e) and (o) and N.J.A.C. 11:5-6.4 by commingling and misappropriating deposit monies which they were to have held as escrow agents on real estate transactions, and by violating their fiduciary duties to their clients. The Commission further found that Jon Roth and Roth's Real Estate had violated N.J.S.A. 45:15-1, and 45:15-17(e) (incompetency) by engaging in real estate activity without being duly licensed to do so when they failed to properly renew their real estate licenses. The Commission revoked the broker licenses of both Jon Roth and Roth's Real Estate for life, and imposed a $10,000 fine. Mr. Roth will be eligible to qualify for a salesperson's license in 10 years, providing he has made full restitution and has paid all fines.
Deneshia Waugh, salesperson, Gloucester County – After a full hearing on December 3, 2002, the Commission placed Ms. Waugh's license on probation for one year, based on the conduct demonstrated by her recent criminal conviction.
October
Lourdes Adan Abreu, broker of record; Rene Abreu, broker-salesperson, Edgardo Aguirre, salesperson, Hudson County – After a full hearing on October 29, 2002, the Commission determined not to suspend the licenses of each of the respondents pursuant to N.J.S.A. 45:15-19.2. The Commission ordered each respondent to immediately notify the Commission of any conviction, acquittal or other resolution of the criminal charges pending against them, and imposed upon Lourdes Adan Abreu, the requirement to submit monthly reports to the Commission detailing her office's real estate activities.
Rafiq Razik, salesperson, Morris County – After a full hearing on October 8, 2002, pursuant to N.J.S.A. 45:15-19.1, the Commission revoked Mr. Razik's license until September 30, 2006, based on his conviction for theft.
September
William Brottman, broker-salesperson, Sussex County – On September 24, 2002, the Commission approved a settlement wherein Mr. Brottman admitted to a violation of N.J.S.A. 45:15-17(e), unworthiness, and advertising violations (N.J.A.C. 11:5-6.1(b), (g) and (n)). Based on those admissions, Mr. Brottman agreed to a six-month suspension of his license and agreed that once his license is reinstated, it will be held on a probationary basis for six months. Mr. Brottman also agreed to pay a $5,000 fine.
Denise Hecht, salesperson, Sussex County – On September 24, 2002, the Commission approved a settlement wherein Ms. Hecht admitted to a violation of N.J.S.A. 45:15-17(e), unworthiness, and agreed to have her license held on a probationary basis for a period of one year. Ms. Hecht also agreed to pay a fine in the amount of $1,500.
Judith O'Neil, salesperson, Sussex County – On September 24, 2002, the Commission approved a settlement wherein Ms. O'Neil admitted to a violation of N.J.S.A. 45:15-17(e), unworthiness, and agreed to have her license held on a probationary basis for a period of six months.
LeRoy Gillead, salesperson, Union County – On September 10, 2002, after a full hearing at which Mr. Gillead failed to appear, the Commission found that Mr. Gillead had violated N.J.S.A. 45:15-17(d), in failing to account for or pay over the funds of others coming into his possession; N.J.S.A. 45:15-17(a) and (c), pursuing a flagrant and continuous course of misrepresentation; (e) unworthiness, bad faith and dishonesty and (l) fraud and dishonest dealing. Mr. Gillead misrepresented the ownership status of a property and obtained a deposit from a purchaser, which he failed to return when he was requested to do so. The Commission revoked Mr.Gillead's license for 10 years assessed a fine in the amount of $5,000 and ordered that he make restitution in the amount of $10,500.
July
Patricia DeClemente, salesperson, Cape May County – On July 23, 2002, after a full hearing, the Commission found that Ms. DeClemente had violated N.J.S.A. 45:15-17(e), unworthiness, bad faith and dishonesty, and (l), fraud and dishonest dealing, when she misappropriated escrow deposit monies from her broker's escrow account by signing her broker's name to checks which she then cashed. The Commission revoked Ms. DeClemente's license for five years and imposed a fine in the amount of $1,500.
David S. Cooper, formerly licensed broker, Middlesex County – On July 16, 2002, after a full hearing, the Commission found that Mr. Cooper was not eligible to reinstate his license until February 2006 pursuant to N.J.S.A. 45:15-12.1, based on his criminal fraud conviction. The Commission further found that he was guilty of violating N.J.S.A. 45:15-17(s), failing to report his arrest and conviction within 30 days, and N.J.A.C. 11:5-3.9 (a) and (c), for failing to maintain a full-time office open to the public prior to the expiration of his license. The Commission also imposed a fine in the amount of $500.
June
George J. Colavito, broker, Middlesex County – On June 18, 2002 the Commission approved a settlement whereby, without admitting to any violation of the Real Estate License Law or the Commission's regulations, Mr. Colavito did not contest allegations that he was in violation of N.J.A.C. 11:5-6.4 regarding his fiduciary duties. He agreed to complete the thirty-hour course offered as a part of the broker's prelicensure course on agency.
April
Anna Papasavvas, salesperson, Middlesex County – On April 9, 2002, the Commission approved a settlement wherein Papasavvas admitted to violating N.J.S.A. 45:15-17(n), procuring a license by misrepresentation, when she failed to disclose one shoplifting conviction on her license application, and 17(e), in that the conduct underlying her conviction demonstrated unworthiness for licensure. Papasavvas agreed to have her license held on probation for two years, to undergo a psychological evaluation, and to pay a $1,000 fine.
Jeff P. Lagowitz, formerly licensed salesperson – Mr. Lagowitz formerly was associated with a New York City brokerage firm. After a hearing in mitigation, the Commission found that Mr. Lagowitz was ineligible to reinstate his salesperson's license because the conduct underlying his criminal conviction demonstrated that he did not possess the good moral character, honesty, integrity and trustworthiness that all candidates for license must possess as required in N.J.S.A. 45:15-9. The Commission further found that Mr. Lagowitz had engaged in unlicensed real estate activity in violation of N.J.S.A. 45:15-1 and 15-3. The Commission determined that Mr. Lagowitz would not be eligible to become licensed as a salesperson until July 1, 2004, or when his criminal probation ends, whichever is later, and that he would have to requalify for a license by taking the prelicensure education course and state examination. The Commission also imposed a $5,000 fine.
March
Timothy J. Richards and T.J. Richards, Inc., brokers, Cape May County – On March 26, 2002, the Commission approved a settlement wherein Richards admitted to violations of N.J.S.A. 45:15-17(d), failing to account for or to pay over monies belonging to others which came into his possession as escrow agent or the temporary custodian of the funds of others in real estate sale and rental transactions, 17(e), unworthiness, and 17(o) for commingling and misappropriation of escrow deposit monies. Richards consented to a lifetime revocation of his broker's license and a fine of $5,000. He will be eligible to apply for a salesperson's license in five years, which would be held on a probationary basis for a period of two years. He also must make restitution to numerous clients on sale and rental transactions and must divest himself of his ownership interest in any licensed entity. If he fails to make restitution, the Commission can impose further penalties. Richards admitted having diverted to his own use more than $200,000 of rent receipts and escrow deposit monies.
Marilyn L. Thompson, salesperson, Union County – On March 12, 2002, after a full hearing, the Commission found that Thompson violated N.J.S.A. 45:15-17(n), procuring a license by misrepresentation, fraud or deceit, 17(e), conduct demonstrating unworthiness, bad faith and dishonesty, by failing to disclose numerous criminal convictions for theft and shoplifting on her application for a salesperson's license, and 17(h), being convicted of crimes which the Commission did not have knowledge of at the time it issued a license to her. The Commission further found that she was ineligible to hold a real estate license pursuant to N.J.S.A. 45:15-9 because the conduct underlying her convictions and her failure to disclose them established that she did not possess the good character, honesty, integrity and trustworthiness that all candidates for licensure must demonstrate they possess. Thompson's license was revoked through June 30, 2003.
February
Nicola DiDonna, salesperson, Morris County – On February 26, 2002, the Commission entered an order revoking DiDonna's license pursuant to N.J.S.A. 45:15-19.1, based on DiDonna's recent conviction of the crime of conspiracy to defraud. The license was revoked until further order of the Commission.
Neal Silberberg, broker, Middlesex County – On February 5, 2002, after a full hearing, the Commission found that Silberberg had violated N.J.S.A. 45:15-17(a), making substantial misrepresentations, and 17(e), incompetency, by signing blank HUD form contracts that attested to certain requirements having been fulfilled, including the receipt of deposit monies, before the payment had been made. The Commission ordered Silberberg to complete the two 30-hour broker prelicensure courses on ethics/agency and office management and ordered that he pay a fine in the amount of $2,500.
Robert G. Pelle, salesperson, Middlesex County – On February 5, 2002, the Commission approved a settlement wherein Pelle admitted to having violated 45:15-17(e), incompetency, and 17(a), making a negligent misrepresentation, when he showed a property to a prospective buyer when that property was not for sale, and prepared a contract of sale on another property, representing it as the property that the buyer had actually seen. Pelle agreed to pay a fine in the amount of $1,500 and to again complete the salesperson's prelicensure education course. His license will be held on probation for one year.
January
Teresa Veltri, salesperson, Ocean County – On January 15, 2002, the Commission approved a settlement wherein Veltri admitted to violations of N.J.S.A. 45:15-17(e), unworthiness, 17(h) being convicted of a crime of which the Commission had no knowledge when it issued a license to her, and 17(n), procuring a license by misrepresentation, when she failed to disclose a criminal conviction to the Commission on her application for a salesperson's license. Veltri agreed to surrender her license with prejudice for a period of three years and to pay a fine in the amount of $500.
William Aviles, t/a National Financial Services, and t/a United Credit Services, Hudson County – After a full hearing on January 8, 2002, at which the respondent failed to appear, the Commission found Aviles guilty of violations of N.J.S.A. 45:15-1 and 45:15-3, unlicensed activity and N.J.S.A. 45:15-17(a) and (t) for misrepresenting himself as a licensed real estate broker. The Commission ordered Aviles to cease and desist from all real estate brokerage activity in New Jersey and imposed a fine of $10,000. He was also ordered to make restitution to several victims. |
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|
| 2001 |
Rene Paneque, former salesperson, Hudson County. After a full hearing
on September 18, 2001, at which Mr. Paneque failed to appear, the Commission
found that Mr. Paneque had violated N.J.S.A. 45:15-17(a) making a substantial
misrepresentation, (e) unworthiness, bad faith or dishonesty and (n) procuring
a license by fraud, misrepresentation or deceit, by failing to disclose two
criminal convictions for theft on an application for licensure. The Commission
revoked Mr. Paneque's eligibility to hold a real estate license for seven
years and imposed a $3,000 fine.
Henry D'Alessandro, broker, Morris County. On September 25, 2001,
the Commission approved a settlement wherein Mr. D'Alessandro admitted that
he had failed to promptly deposit monies received as an escrow agent in a
real estate transaction as required by N.J.A.C. 11:5-5.1. Under the terms
of the settlement, Mr. D'Alessandro is required to take the 30-hour course
on office management which is currently given as part of the broker pre-licensure
education course.
David Sheridan, broker salesperson, Ocean County. On October 2, 2001,
after a full hearing held on the matter, the Commission rendered a decision
finding Mr. Sheridan had violated N.J.S.A. 45:15-17(e), conduct demonstrating
incompetency and 45:15-17(p) in failing to disclose in the contracts of sale
his interest in two real estate transactions. The Commission imposed a fine
in the amount of $6,000. Mr. Sheridan was found not to have committed other
violations that had been alleged.
Joseph F. Catalano, salesperson, Salem County. On October 2, 2001
after a full hearing at which Mr. Catalano did not appear, the Commission
found that Mr. Catalano had violated N.J.S.A. 45:15-17(e), unworthiness, bad
faith and dishonesty and (n), procuring a license by fraud, misrepresentation
or deceit, and that he did not meet the criteria for licensure under N.J.S.A.
45:15-9 because he failed to disclose on a license application that fact that
a criminal indictment was pending against him. The Commission revoked his
license for 3 years and fined him $1,000.
Mary Smith, salesperson, and Walter H. Simmons, broker, Morning
Star Realty, Essex County. On October 30, 2001, after a full hearing,
Respondent Smith was found to have violated N.J.S.A. 45:15-17(a), (d), (e),
(l) and (o) and for commingling and misappropriation of escrow deposit monies,
and failure to comply with a duly issued subpoena. Her license was revoked
for 5 years, and she was assessed a fine of $6,000. Mr. Simmons was found
to have violated N.J.A.C. 11:5-5.1(b) in failing to report an escrow account
to the Real Estate Commission, N.J.S.A. 45:15-17(o) for the commingling of
escrowed deposit monies, and N.J.A.C. 11:5-4.2 and 4.3 in failing to supervise
the activities of Mary Smith, a salesperson in his office. Mr. Simmons license
was revoked for 5 years.
Matthew Kairen, salesperson, Morris County. After a full hearing
on October 16, 2001, the Commission entered an Interim Order suspending Mr.
Kairen's license pursuant to N.J.S.A. 45:15-19.2 pending the final outcome
of a criminal indictment pending against him for theft.
Vernon L. Lucas, salesperson, Bergen County. On October 23, 2001,
after a full hearing, the Commission found that Mr. Lucas was in violation
of N.J.S.A. 45:15-17(e), unworthiness, and (n) in that he procured a real
estate license by fraud, misrepresentation or deceit when he made a misrepresentation
regarding pending criminal charges against him. He also failed to comply with
a duly issued subpoena. His license was suspended until June 30, 2003, and
he was fined $1,000. If the outstanding criminal charges are resolved favorably,
he can apply for reinstatement of his license and the fine will be waived.
Mark Grimes, broker, Ocean County. On November 13, 2001, the Commission
approved a settlement whereby Mr. Grimes admitted to violations of N.J.S.A.
45:15-17(a), misrepresentation and (e), incompetency or unworthiness, when
he failed to promptly file a report of sale and promptly turn over a commission
check to his employing broker and represented himself as a broker/owner on
a business card. Mr. Grimes' license was placed on probation for one year
and he agreed to pay a $12,500 fine.
Stephen Hamilton, broker, Bergen Realty Group, broker, and Nazrul Huda, salesperson, Bergen County. On November 27, 2001, the
Commission approved settlements in regard to alleged violations involving
the rental referral operations of Bergen Realty Group. Mr. Hamilton admitted
to having violated N.J.A.C. 11:5-4.2, 11:5-4.4 and 11:5-6.5 when he failed
to supervise the office and operations of Bergen Realty Group, which led to
BRG's failure to comply with the rules and regulations governing rental referral
agencies. BRG admitted that it did not obtain the written permission of owners
of rental units to advertise those units, and did not verify the availability
of those units on a regular basis, violations of N.J.A.C. 11:5-4.4 and 11:5-6.5.
BRG, through its President/Owner Rey Hernandez, agreed to a 1 year term of
probation and to pay a fine in the amount of $10,000. Nazrul Huda admitted
to a violation of N.J.S.A. 45:15-17(e) in supervising the office and operations
of BRG in the absence of the broker of record, and in failing to comply with
N.J.A.C. 11:5-6.5. Mr. Huda agreed to a 1 year term of probation and to pay
a fine in the amount of $1,500.
John A. Sesta, broker-salesperson and licensed real estate instructor, Ocean
County. On December 4, 2001, the Commission approved a settlement whereby
Mr. Sesta admitted to a violation of N.J.S.A. 45:15-17(e), incompetency or
unworthiness, for instituting a lawsuit for the collection of compensation
for his services as a real estate agent against a person other than his employing
broker. He agreed to a 1 year term of probation and to pay a $2,000 fine.
Patricia Brownlee, salesperson, Monmouth County. On December 11,
2001, after a full hearing, the Commission found that Ms. Brownlee had violated
N.J.S.A. 45:15-17(e), unworthiness and bad faith, (h), being convicted of
a crime, knowledge of which the Commission did not have at the time of issuing
a license to her, and (n) in procuring a license by misrepresentation when
she failed to disclose a prior criminal conviction on two separate license
applications. The Commission further found that she did not qualify for licensure
under N.J.S.A. 45:15-9 because the prior conviction was directly related to
her activities as a real estate salesperson. The Commission considered mitigating
factors and suspended Ms. Brownlee's license until June 30, 2003 at which
time she would have to re-qualify for licensure.
Diane E. Armstrong, broker, Middlesex County. On December 11, 2001,
after a full hearing, the Commission found that Ms. Armstrong had violated
N.J.S.A. 45:15-17(e), unworthiness, bad faith and dishonesty and (o) and for
commingling and misappropriation of escrow deposit monies, and submitting
a check to the Real Estate Commission for license renewal fees which was returned
for insufficient funds. Her broker's license was revoked for 5 years, and
she was assessed a fine of $2,500. She will be eligible to apply to hold a
salesperson's license after June 11, 2002.
Jose Pantoja and Pantoja Realty Corp., broker, Hudson County.
On March 13, 2001, after a full hearing, Respondents were found to have violated
N.J.S.A. 45:15-17(a), (d), (e) and (o) and N.J.A.C. 11:5-5.1, 6.2 and 6.9
for commingling and misappropriation of escrow deposit monies, misrepresentations,
agency disclosure violations and failure to maintain records. Mr. Pantoja's
license was revoked for life, and he was assessed a fine of $50,000.
Nathan S. Miller, salesperson, Somerset County. On April 4, 2001,
after a full hearing, the Commission found that Mr. Miller had violated N.J.S.A.
45:15-17(e) and (n) in procuring a license by fraud, misrepresentation or
deceit when he failed to disclose a prior criminal conviction at the time
he applied for a license. The Commission considered mitigating factors and
suspended Mr. Miller's license for one year. Thereafter, any license that
is issued to him will be held on probation for an additional one year period,
during which time his employing broker must submit quarterly reports to the
Commission staff.
Jose Costa and Today Realty, Inc., broker, Essex County. On
April 24, 2001, the Commission approved a settlement wherein Mr. Costa agreed
to the revocation of his license for five years and a fine of $15,000 as a
final disposition to an Order to Show Cause which alleged violations of N.J.S.A.
45:15-17(a), (e) and (o) and N.J.A.C. 11:5-5.1 and 5.4 for commingling and
misappropriation of escrow deposit monies, misrepresentation and recordkeeping
violations.
William Guthrie, formerly licensed salesperson, Atlantic County.
On May 22, 2001 after a full hearing at which Mr. Guthrie failed to appear,
the Commission found that Mr. Guthrie had engaged in unlicensed real estate
activity in violation of N.J.S.A. 45:15-1 and that he had misappropriated
escrow deposit monies and made substantial misrepresentations to consumers
in violation of N.J.S.A. 45:15-17(a), (d), (e), (l) and (p). His eligibility
to hold a real estate license was revoked for five years and a $5,000 fine
was imposed. He was also ordered to make restitution to a consumer.
Donna M. Pepsny, salesperson, Monmouth County. On May 22, 2001, after
a full hearing at which Ms. Pepsny failed to appear, the Commission suspended
Ms. Pepsny's license pursuant to N.J.S.A. 45:15-19.2 pending the final disposition
of a criminal indictment filed against her.
Irene DiFeo, salesperson, Monmouth County. On May 22, 2001, after
a full hearing, the Commission determined to allow Ms. DiFeo to retain her
license pursuant to 45:15-19.2 pending the final disposition of a criminal
indictment filed against her. Her broker is required to submit quarterly reports,
and Ms. DiFeo must immediately notify the Commission upon a final disposition
of the indictment.
Andrew McHenry, formerly licensed salesperson, Sussex County. On
June 5, 2001, after a full hearing at which Mr. McHenry failed to appear,
the Commission found that Mr. McHenry violated N.J.S.A. 45:15-17(e) and (n)
in that he procured a license by fraud, misrepresentation or deceit when he
failed to disclose numerous criminal convictions when he applied for a license.
The Commission revoked Mr. McHenry's eligibility to hold a license for five
years and imposed a $5,000 fine.
Wilson J. Cortez, salesperson, Morris County. On July 24, 2001, after
a full hearing at which Mr. Cortez failed to appear, the Commission found
that Mr. Cortez had violated N.J.S.A. 45:15-17(e), (h) and (n) by failing
to disclose a criminal conviction at the time he applied for a license. The
Commission revoked Mr. Cortez's license for five years and imposed a $3,000
fine.
Maureen Poncelet Del Sole, salesperson, Essex County. On January 30, 2001 a Consent Agreement was entered under the terms of which Ms. Del Sole admitted to violations of N.J.S.A. 45:15-17(s), failing to notify the Commission within 30 days of being arrested, indicted or convicted of a crime, and of N.J.S.A. 45:15-17(n), obtaining the renewal of her real estate license through fraud, misrepresentation or deceit. Ms. Del Sole agreed to a six month revocation of her license and to pay a fine of $5,000. Subsequent to the period of revocation and subject to her having complied with the payment schedule for the fine, any real estate license reissued to her will be held on a probationary basis for the duration of her period of criminal probation.
Dorothy Jennings, Broker, Atlantic County. On February 22, 2001 a Memorandum of Settlement was entered into under the terms of which Ms. Jennings admitted to a violation of N.J.S.A. 45:15-1 by allowing an individual to engage in real estate activity without being licensed to do so, and a violation of N.J.S.A. 45:15-17(e) for failing to notify and obtain the consent of all parties prior to releasing deposited escrow funds. Ms. Jennings agreed to pay a fine of $1,000, and to complete the two (2) thirty (30) hour broker courses on Office Management and Agency/Ethics, respectively, within 6 months of the effective date of the settlement.
James P. Dinatale, salesperson, Atlantic County. On February 28, 2001 the Real Estate Commission approved a settlement wherein the Respondent admitted to a violation of N.J.S.A. 45:15-17(n) - procuring a real estate license by fraud, misrepresentation or deceit by failing to disclose a 1995 criminal conviction on his initial license application. Respondent agreed to a one year period of probation and to pay a fine of $750.
David Chippendale, salesperson, Monmouth County. On March 7, 2001 a Memorandum of Settlement was entered into under the terms of which, Mr. Chippendale admitted to a violation of N.J.S.A. 45:15-17(a) - having made a substantial misrepresentation by signing the name of another person, and allowing his name to be signed by another person attesting to their attendance at a broker prelicensure course at which he and the other person were not in attendance on certain days, and to a violation of N.J.S.A. 45:15-17(e) in that such conduct demonstrated dishonesty. Mr. Chippendale agreed to pay a fine of $2,000 and to his being barred from enrolling in any broker prelicensure education courses until January 1, 2002.
John Kraynanski, salesperson, Monmouth County. On March 7, 2001 a Memorandum of Settlement was entered into under the terms of which, Mr. Kraynanski admitted to a violation of N.J.S.A. 45:15-17(a) - having made a substantial misrepresentation by signing the name of another person, and allowing his name to be signed by another person attesting to their attendance at a broker prelicensure course at which he and the other person were not in attendance on certain days, and to a violation of N.J.S.A. 45:15-17(e) in that such conduct demonstrated dishonesty. Mr. Kraynanski agreed to pay a fine of $2,000 and to his being barred from enrolling in any broker prelicensure education courses until January 1, 2002.
Tolz Inc. of Cape May, Broker and Nicholas Mucha, Jr., Broker of Record, Cape May County. On March 15, 2001 the Real Estate Commission approved a settlement under the terms of which the Respondent admitted to violations of N.J.S.A. 45:15-1 by engaging in the business of a real estate broker without being licensed to do so, and of N.J.S.A. 45:15-17(k) by paying commissions for real estate brokerage activities to unlicensed persons. In addition, Mr. Mucha admitted to violations of N.J.S.A. 45:15-17(e) in that such conduct demonstrated incompetency. Respondent Mucha agreed to pay a fine of $12,500, to have his broker's license placed on probation for one year and to complete the two (2) thirty hour broker prelicensure education courses on Office Management and Agency/Ethics within six months.
Donald Gordon, Broker, Hudson County On March 23, 2001 a Memorandum of Settlement was entered into under the terms which Mr. Gordon admitted to violations of: N.J.A.C. 11:5-5.1(b) by failing to notify the Real Estate Commission of opening a new escrow account; N.J.A.C. 11:5-5.1(a) by commingling business funds with escrow monies; and N.J.A.C. 11:5-5.4(b) by failing to maintain required ledger sheet records and to reconcile his trust account on a quarterly basis. Mr. Gordon agreed to pay a $2,000 fine, to have his broker's license placed on probation for one (1) year, and to a requirement that he successfully complete the 30 hour broker prelicensure education course on Office Management.
Michael Walsh, Broker, Passaic County. On March 8, 2001, a Consent Agreement was entered into under the terms of which Mr. Walsh admitted to violations of N.J.S.A. 45:15-15-17(d), 17(o) and 17(e) by failing to account for monies of others which came into his possession as a real estate broker, commingling and converting escrow funds to his own personal or business use, and engaging in conduct which demonstrates unworthiness, respectively. Mr. Walsh agreed to the revocation of his real estate broker's license for 10 years and to pay a fine of $15,000. After three years Respondent will be eligible to reapply for a salesperson's license subject to the fine having been paid in full and to his having successfully completed the salesperson's prelicensure education requirements and passed the state license examination. Based upon the revocation of his license, pursuant to N.J.S.A. 45:15-12.3, Mr. Walsh was also required to divest himself of his ownership interest in The Real Estate Center, Inc., the company with which he was formerly affiliated as its broker of record.
YourHomeDirect.COM, Inc. (hereafter YHD), Broker and Glenn Cohen, Broker of Record, Monmouth County. On March 12, 2001 a Consent Agreement was entered into under the terms of which YHD, without admitting or denying the making of any substantial misrepresentations in violation of N.J.S.A. 45:15-17(a) through its advertising, or the utilizing of a plan, scheme or method for the sale or promotion of the sale of real estate that involved a contest, a lottery or a prize in violation of N.J.S.A. 45:15-17(g), agreed to pay administrative penalties totaling $14,500. In addition, YHD agreed to cease using certain advertisements unless their content was revised in the manner specified by the terms of the consent agreement. The provision in the consent agreement that pertained to lawn signs was effective 30 days after the date on which the agreement was fully executed. With the exception of a provision relating to certain commercials, the broadcast of which YHD was required to cease on an earlier date, the remaining provisions of the Consent Agreement were effective fifteen days after the date on which it was fully executed. |
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|
| 2000 |
Derby Perez, salesperson, Hudson County. On September 28, 2000, a
Memorandum of settlement was entered into under the terms of which Mr. Perez
admitted to three violations of N.J.S.A. 45:15-17(d) involving his failure
to pay over deposit monies he received to his employing broker, and his failure
to properly account for those funds. Mr. Perez agreed to a three month license
revocation, to pay a fine of $10,000 and to again successfully complete the
Real Estate salespersons prelicensure education course, and pass the state
license examination prior to relicensure. In addition, any license reissued
will be held on a probationary basis for one year.
Ronald Silbergeld, Broker, Hudson County. On November 14, 2000 a
Memorandum of Settlement was entered into under the terms of which Mr. Silbergeld
admitted to violations of N.J.A.C. 11:5-4.2(a)(l) - failure to properly supervise
the activities of his office operations, N.J.A.C. 11:5-4.1 - failing to have
written employment agreements with any of his eleven licensees, and of N.J.A.C.
11:5-6.1(e) - failing to ensure that the business cards of himself and his
employees indicated their correct license status and agreed to have his license
placed on probation for a period of one year and to pay a fine of $3,000.
Myrna Lagman, salesperson, Hudson County. On September 12, 2000 a
Memorandum of Settlement was entered into under the terms of which Ms. Lagman
admitted to collecting a check in payment of a brokerage fee and deposited
same into a personal account without the knowledge and consent of her employing
broker, in violation of N.J.S.A. 45:15-17(e) (conduct demonstrating dishonesty)
and to a violation of N.J.S.A. 45:15-17(m) - accepting a commission or valuable
consideration from someone other than her employing broker. Ms. Lagman agreed
to a one year license revocation and to pay a fine of $3000. Prior to any
license being reinstated Ms. Lagman must again successfully complete the real
estate salespersons prelicensure education course.
John Wilkey, salesperson, Morris County, February 8, 2000. At a
full hearing, the Commission found that the Respondent violated N.J.S.A. 45:15-19.1,
45:15-17(e) and (s) and 45:15-9 and revoked his license for 5 years retroactive
to November 5, 1999. Wilkey must fully requalify for a license at the end
of the revocation period, including fulfilling the education and examination
requirements then in effect.
Jack Leon, salesperson, Cumberland County, February 15, 2000. At
a full hearing, the Commission found that the Respondent violated N.J.S.A.
45:15-17(e), (s), 45:15-19.1 and revoked his license until September 25, 2003.
Leon must fully requalify for a license at the end of the revocation period,
including fulfilling the education and examination requirements then in effect.
Guy Felline, formerly licensed salesperson, Morris County, February
15, 2000. At a full hearing, the Commission found that the Respondent violated
N.J.S.A. 45:15-17(a), (e), (h), (n) and (s). In taking into consideration
extreme mitigating circumstances the Commission imposed a 4 month license
revocation retroactive to December 21, 1999, to be followed by a one year
period of probation with quarterly reports to be submitted by his employing
broker.
Thomas W. Mozzone, formerly licensed broker and Olde Village Homes,
Inc., formerly licensed broker, Sussex County, February 29, 2000. The Commission
approved a settlement of the case wherein Respondent admitted to violations
of N.J.S.A. 45:15-12.5, 45:15-17(d), (e) and (o) and N.J.A.C. 11:5-5.1(a),
(c) and (e) and agreed to a revocation of his broker license for 8 years and
a 5 year period of ineligibility to hold a salesperson's license. Respondent
also agreed to pay a $6,000 fine.
Lilia Nazarov, formerly licensed salesperson, Middlesex County,
March 14, 2000. The Commission approved a settlement of the case wherein Respondent
admitted to violations of N.J.A.C. 11:5-6.4(c) and agreed to a 3 year revocation
of her license and a $1,000 fine. Respondent further agreed to again complete
the education and examination requirements before she is eligible to re-apply
for a license.
Arthur Kharanov, formerly licensed salesperson, Middlesex County,
March 14, 2000. The Commission approved a settlement of the case wherein Respondent
admitted to a violation of N.J.S.A. 45:15-17(q) and agreed to a suspension
of his license until June 30, 2001. Respondent further agreed to again complete
the education and examination requirements before he is eligible to re-apply
for a license.
Camille A. Julian, formerly licensed salesperson, Middlesex County,
March 14, 2000. The Commission approved a settlement of the case wherein Respondent
admitted to a violation of N.J.S.A. 45:15-17(a) and agreed to her license
being held on probation for one year period and agreed to pay a $500 fine.
Respondent also agreed to again complete the salesperson's prelicensure education
course.
Maureen A. Clausen, formerly licensed salesperson, Middlesex County,
March 14, 2000. The Commission approved a settlement of the case wherein Respondent
admitted to a violation of N.J.A.C. 11:5-6.2(a)(4) and agreed to her license
being held on probation for a one year period and agreed to pay a $300 fine.
Respondent also agreed to again complete the salesperson's prelicensure education
course.
Thomas P. Brennan, broker, Cape May County, Auction Works, LLC, unlicensed
entity, May 2, 2000. At a full hearing, the Commission found that the Respondent
violated N.J.S.A. 45:15-17(a), (e), (m), (o); 45:15-19.1, 11:5-6.1, 6.2, 6.9.
The Commisison revoked the Respondent's broker's license for 10 years and
determined that he is ineligible to apply for salesperson's license for 7
years or the length of his criminal sentence, including probation or parole,
whichever is longer. The Commission imposed a $15,000 fine and required Respondent
to pay any back taxes plus penalties and interest, as ordered by the Federal
District Court, before he will be eligible for relicensure.
Erik Put, salesperson, Morris County, May 9, 2000. At a full hearing,
the Commission found that the Respondent violated N.J.S.A. 45:15-17(a), (e),
(n) and (s) and suspended Respondent's license until February 14, 2001. A
$1,000 fine was also imposed.
Aubrey Vibbert, formerly licensed salesperson, Monmouth County,
May 16, 2000. At a full hearing, the Commission found that the Respondent
had violated N.J.S.A. 45:15-17(e) and (s) and revoked the Respondent's license
for 4 years retroactive to August 12, 1999.
Ralph Carchio, broker, Monmouth County, March 21, 2000. The Commission
entered an Order Approving Settlement in which Respondent was found to have
violated N.J.S.A. 45:15-17(e). Respondent's license is to be held on a probationary
basis for 1 year, and he must complete the 30 hour broker pre-licensure education
course on office management. A $4,000 fine was also imposed.
Denis F. Snead, formerly licensed salesperson, Atlantic County,
April 4, 2000. At a full hearing, the Commission found that the Respondent
violated N.J.S.A. 45:15-17(n). The Commission suspended Respondent's license
for 1 year. A $1,000 fine was also imposed.
Raymond J. Dziadul, salesperson, Middlesex County, May 2, 2000.
At a full hearing, the Commission found that Respondent had violated N.J.S.A.
45:15-1 and 45:15-17(e). The Commission suspended Respondent's license for
1 year and ordered that he again complete the education and examination requirements
before any license is issued to him. A $1,000 fine was also imposed.
Anthony F. Odovardi, salesperson, Bergen County, May 23, 2000. At
a full hearing, the Commission found that Respondent violated N.J.S.A. 45:15-17(e)
and (s). Respondent's license was suspended for 6 months and is to be held
on a probationary basis for 1 year upon reinstatement with quarterly reports
from his employing broker. A $500 fine was also imposed.
Maria J. Drumwright, broker and Grand Castle Realty, broker,
Monmouth County, June 6, 2000. At a full hearing, the Commission found that
Respondent Drumwright committed multiple violations of N.J.S.A. 45:15-17(a),
(d), (o) and N.J.A.C. 11:5-1, 5.4, and 5.5. The Commission revoked Respondent
Drumwright's broker license for 10 years and declared that she is ineligible
to apply for salesperson's license for 5 years. The Commission also imposed
a $5,000 fine.
Clarence Dubose, salesperson, Union County, June 20, 2000. At a
full hearing, the Commission found that Respondent violated N.J.S.A. 45:15-17(a),
(h) and (n). The Commission took into consideration mitigating circumstances
and imposed a penalty of 30 day license suspension and 1 year period of probation
following any reinstatement of the license. Respondent also must submit quarterly
reports from his employing broker.
Yelena Ferens, formerly licensed salesperson, Monmouth County, June
27, 2000. At a full hearing, the Commission found that Respondent violated
N.J.S.A. 45:15-17(e) and (s). The Commission suspended Respondent's license
for 1 year, retroactive to date license became inactive and ordered that she
again complete the education and examination requirements before any license
is issued to her. A $250 fine was imposed.
Candyce P. Howerton, broker, REO Maximums Realty Group, Inc.,
broker, Monmouth County, August 1, 2000. At a full hearing, the Commission
found that Respondent was guilty of violating N.J.S.A. 45:15-17(e),(k) and
(o) and suspended Respondent's license pursuant to 45:15-19.2 pending the
final disposition of the criminal indictment pending against her. The Commission
also imposed a fine in the amount of $3,000.
William G. "Chip" Nelson, salesperson, Morris County. On September
12, 2000, the Commission approved a settlement wherein Respondent admitted
to violations of N.J.S.A. 45:15-17(a), (c), (e) and (l) and agreed to a 5
year license revocation and a fine of $7,500. Any license issued at the expiration
of the revocation period will be held on probation for two years.
Jemal Williams, salesperson, Essex County. At a full hearing on
November 14, 2000, the Commission found that Respondent was guilty of violating
N.J.S.A. 45:15-17(a), (e) and (n) and was not eligible for licensure under
45:15-9 and 45:15-12.1. His license was revoked for 2 years.
Lisa Y. Alston, salesperson (inactive), Camden County. On February
1, 2000, the Commission approved a settlement whereby Ms. Alston admitted
to a violation of N.J.S.A. 45:15-17(e) for her failure to obtain a
new written listing agreement following the transfer of title from a prior
owner/seller to a new owner/seller. The settlement terms included a fine of
$1,000, and provisions that prior to any reinstatement of her license she
would be required to re-take the salesperson’s pre-licensure education course
and pass the school and state license examinations, and that any reissued
license would be held subject to a one year term of probation.
Leticia Mora, salesperson, Monmouth County. On February 8, 2000,
after a full hearing, Ms. Mora was found to have procured a real estate license
through misrepresentation in violation of N.J.S.A. 45:15-17(n), in
that she represented that no criminal charges were pending against her on
her examination pass notice/license application and on her renewal application,
when in fact charges were pending at the times those applications were completed.
The Commission suspended Ms. Mora’s license for a period of thirty days, and
ordered a two-year term of probation. |
 |
|
| 1999 |
December
Harold Buitrago, unlicensed individual, Union County – On December 21, 1999, after a full hearing, Mr. Buitrago was found to lack the requisite good character, honesty, integrity and trustworthiness that all candidates for licensure must possess pursuant to N.J.S.A. 45:15-9, in that he had notes containing real estate information in his possession during the salesperson’s licensing examination. The Commission deemed Mr. Buitrago ineligible for licensure for one year, and that thereafter he would become eligible for licensure only upon his re-taking the salesperson’s pre-licensure education course and passing the school and state license examinations.
Michael J. Bent, broker-salesperson, Ocean County – On December 14, 1999, the Commission approved a settlement whereby Mr. Bent was found to have violated N.J.S.A. 45:15-17(e) and (s) for his conviction on federal criminal charges and failure to notify the Commission within 30 days of the filing of criminal charges against him and of his conviction on those charges. The settlement terms included a fine of $2,000 and license revocation concurrent with the term of Mr. Bent's criminal probation.
John R. Cupo, formerly licensed broker, Hudson County ("Cupo I") – On December 14, 1999, the Commission approved a settlement whereby Mr. Cupo admitted to his noncompliance with the terms of a prior Consent Agreement and a prior Order of the Commission, and to engaging in unlicensed real estate activity in violation of N.J.S.A. 45:15-1 and 45:15-3 subsequent to the entry of the said Consent Agreement and Commission Order. The settlement terms included the following provisions: (1) a fine of $5,000, in addition to previously imposed fines of $11,000 (which were in arrears), for a total of $16,000 in fines, with 20% due upon the signing of the settlement order, 20% due within six months of the settlement order, and the balance due by December 20, 2000; (2) an agreement by Mr. Cupo to abide by the Real Estate License Act, N.J.S.A. 45:15-1 et seq., and not to engage in any unlicensed real estate activity; (3) ineligibility to make application for licensure as a broker until May 9, 2005; (4) ineligibility to make application for licensure as a salesperson until December 20, 2000, and then, only if the total fine amount was paid; (5) again passing the salesperson’s license examination within thirty days of becoming eligible for licensure; (6) a two year term of probation upon the re-issuance of a license to Mr. Cupo; (7) immediate suspension of any license re-issued to Mr. Cupo, pending a hearing on any future charges of regulatory violations; and (8) issuance of a Commission Order permanently barring Mr. Cupo from obtaining any real estate license upon his failure to comply with any term of the settlement order. Update: Fines have been paid in full.
John R. Cupo, formerly licensed broker, Hudson County ("Cupo II") – On March 28, 2000, upon application of the Commission staff, the Commission found that Mr. Cupo was not in compliance with the terms of the settlement order approved by the Commission on December 14, 1999 ("Cupo I"), and entered an Order permanently barring Mr. Cupo from obtaining any real estate license due to his noncompliance.
James J. Metcalf, broker-salesperson, Hudson County – On December 7, 1999, after a full hearing, Respondent was found to have violated 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 and his conviction on those charges. The Commission took into consideration substantial mitigating circumstances and imposed a one year term of probation.
November
Arlete Souza Harris, salesperson, Essex County – On November 16, 1999, the Commission approved a settlement whereby Ms. Souza Harris accepted responsibility for violations of N.J.S.A. 45:15-17(c), (e) and (n) for procuring a real estate license through fraud, misrepresentation or deceit and engaging in a flagrant and continued course of misrepresentation when she submitted a false social security number on her license application, certified to the truthfulness of the statements contained on her license application and gave false and conflicting explanations to the Commission investigator. The settlement terms included a fine of $2,000, the suspension of her license for a period of one year, the submission of adequate proof of U.S. citizenship or legal residency prior to relicensure, and a one year term of probation commencing upon the re-issuance of her license.
Edson P. Francisco, salesperson, Essex County – On November 16, 1999, the Commission approved a settlement whereby Mr. Francisco accepted responsibility for violations of N.J.S.A. 45:15-17(c), (e) and (n) for procuring a real estate license through fraud, misrepresentation or deceit and engaging in a flagrant and continued course of misrepresentation when he submitted a false social security number on his license application, certified to the truthfulness of the statements contained on his license application and gave false and conflicting explanations to the Commission investigator. The settlement terms included a fine of $2,000, the suspension of his license for a period of three months, the submission of adequate proof of U.S. citizenship or legal residency prior to relicensure, and a one year term of probation commencing upon the re-issuance of his license.
Maria F. Santos, salesperson, Essex County – On November 16, 1999, the Commission approved a settlement whereby Ms. Santos accepting responsibility for violations of N.J.S.A. 45:15-17(a), (e) and (n) for procuring a real estate license through fraud, misrepresentation or deceit and making a substantial misrepresentation on her license application by submitting a fictitious social security number and certifying to the truthfulness of the statements contained on her license application. The settlement terms included a suspension of her license for a period of three months, the submission of adequate proof of U.S. citizenship or legal residency prior to relicensure, and a one year term of probation commencing upon the re-issuance of her license.
Ana Stival-DaSilva, salesperson, Essex County – On November 16, 1999, the Commission approved a settlement whereby Ms. Stival-DaSilva accepted responsibility for violations of N.J.S.A. 45:15-17(a), (e) and (n) for procuring a real estate license through fraud, misrepresentation or deceit and making a substantial misrepresentation on her license application by submitting a fictitious social security number and certifying to the truthfulness of the statements contained on her license application. The settlement terms included a suspension of her license for a period of three months, the submission of adequate proof of U.S. citizenship or legal residency prior to relicensure, and a one year term of probation commencing upon the re-issuance of her license.
Eduardo F. Viegas, salesperson, Essex County – On November 16, 1999, the Commission approved a settlement whereby Mr. Viegas accepted responsibility for violations of N.J.S.A. 45:15-17(a), (e) and (n) for procuring a real estate license through fraud, misrepresentation or deceit and making a substantial misrepresentation on his license application by submitting a fictitious social security number and certifying to the truthfulness of the statements contained on his license application. The settlement terms included a fine of $3,000, the suspension of his license for a period of fifteen days, the submission of adequate proof of U.S. citizenship or legal residency prior relicensure, and a one year term of probation commencing upon the re-issuance of his license.
Raymond J. Dziadul, salesperson, Middlesex County – On November 9, 1999, after a full hearing, Mr. Dziadul was found to have violated N.J.S.A. 45:15-1 by engaging in unlicensed activity through brokering a loan secured by a mortgage on commercial real estate while not licensed. The Commission imposed a fine of $250, ordered a six month term of probation and required Mr. Dziadul to re-take the salesperson’s pre-licensure education course and pass both the course and the state license examinations within the probationary period.
October
Terrence Moeller, salesperson, Ocean County – On October 26, 1999, after a full hearing, Respondent was found to have violated N.J.S.A. 45:15-17(e) and (n) for procuring a real estate license through fraud, misrepresentation or deceit. Mr. Moeller's eligibility to hold a real estate license was revoked until July 1, 2002 and a fine of $2,000 was imposed.
September
Emily Venetsanos, salesperson, Bergen County and Matthew Brown, formerly licensed broker – On September 21, 1999, after a full hearing, Ms. Venetsanos was found to have violated N.J.S.A. 45:15-17(a), (e) and (l) and N.J.A.C. 11:5-6.4(a) for making substantial misrepresentations and failing to deal fairly with the parties to a transaction. The Commission suspended Ms. Venetsanos' license for 6 months to be followed by a one year period of probation. The Commission found that Mr. Brown had violated N.J.S.A. 45:15-17(a), (e) and (l) and ordered that he be barred from ever reapplying for any real estate license. The Commission also assessed a fine of $1,500 against Mr. Brown. Ms. Venetsanos and Mr. Brown, who were married at the time of the transaction in question, submitted a fraudulent credit report along with an offer to lease a rental property. Ms. Venetsanos acted as a tenant's agent on behalf of Matthew Brown and did not disclose to the listing broker or to the landlord the fact that she and Mr. Brown were married and that she and her children were actually going to occupy the property that was to be rented in Mr. Brown's name.
Gina DeLeon, salesperson, Burlington County – On September 14, 1999, pursuant to N.J.S.A. 45:15-19.2 the Commission suspended Ms. DeLeon's license pending the outcome of criminal charges which were pending against her. Ms. DeLeon later consented to the revocation of her license.
Anita Maksimow, salesperson, Monmouth County – On September 14, 1999 after a full hearing, the Respondent was found to have violated N.J.S.A. 45:15-17(e) and 45:15-9 because she did not disclose a prior conviction on her application for a real estate salesperson's license. The Commission imposed a one year period of suspension and ordered that she take the salesperson's education course and again pass the licensing examination. The Commission also imposed a fine of $250 and ordered that once her license is reinstated, it shall be held on a probationary basis for two years.
Dominick G. Basso, salesperson, Atlantic County – On September 14, 1999 in an uncontested matter, the Commission found that Basso had violated N.J.S.A. 45:15-17(a), (c), (e) and (l) when he engaged in a continued course of misrepresentation by presenting fraudulent contracts for the purchase of new construction and misrepresenting the status of deposit monies to have been held in escrow. The Commission revoked Mr. Basso's eligibility to hold a real estate license for 5 years and imposed a fine of $5,000.
June
Cathy Laltrello, broker, Atlantic County – On June 15, 1999, the Commission assessed a fine in the amount of $3,000 for violations of N.J.S.A. 45:15-17(a) and (l) and N.J.A.C 11:5-6.4 for misrepresenting the status of deposit monies which were held in escrow.
Robert Mulé, broker, Mercer County – On June 15, 1999, at a full hearing, the Commission determined that Mr. Mule could retain his license on a probationary basis pending disposition of the criminal indictment filed against him in Superior Court.
Tracey Sanpetrino, salesperson, Monmouth County – On June 8, 1999, the Commission revoked Ms. Sanpetrino's license for 7 years and imposed a fine of $2,000. Ms. Sanpetrino was found to have violated N.J.S.A. 45:15-19.1, 45:15-17(a) and (n) in that she entered pleas of guilty to the crimes of theft and forgery which arose out of her activities as a real estate salesperson. Ms. Sanpetrino pleaded guilty to having taken and used a commission check, checkbook and wallet belonging to another real estate salesperson in her office.
May
Robert Sullivan, salesperson, Monmouth County – On May 25, 1999, the Commission suspended Mr. Sullivan's license pursuant to N.J.S.A. 45:15-19.2 pending the outcome of a criminal indictment filed against him in Superior Court.
Peter Mazzagatti, salesperson, Camden County, May 18, 1999 – At a full hearing, the Commission revoked Mr. Mazzagatti's license retroactive to November, 1997 when his license went into an inactive status. Mr. Mazzagatti was found guilty of a violation of N.J.S.A. 45:15-17(e) based upon a 1995 civil judgment which found him guilty of consumer fraud. He was deemed eligible to hold a license on probation after July 1, 1999.
Norman Garrett, salesperson, Union County, May 11, 1999 – Mr. Garrett's license was revoked for six months, pursuant to 45:15-19.1 based upon a conviction that was reversed on appeal and then subsequently reinstated after a new trial. Credit was given for the time period that his license had been voluntarily surrendered.
April
Gerald Flynn, salesperson, (inactive), Burlington County – At a full hearing on April 27, 1999, the Commission revoked Mr. Flynn's eligibility to hold a real estate license for five years and imposed a fine of $2,500 for his failure to disclose prior criminal convictions as well as a pending criminal indictment. He was found guilty of N.J.S.A. 45:15-17(a), (e), (h), and (n).
David Jones, salesperson, Somerset County – On April 20, 1999, the Commission determined that Mr. Jones had produced substantial evidence of rehabilitation from past criminal conduct and allowed him to retain a salesperson's license on probation.
Nancy Swack, salesperson, Morris County – At a full hearing on April 20, 1999, the Commission revoked Ms. Swack's license for five years under 45:15-19.1 because she was convicted of a theft offense which was related to her activities as a real estate salesperson. Ms. Swack admitted to having taken a digital camera belonging to another salesperson in her office.
Ernestine Whitaker, salesperson, (inactive) Bergen County – On April 13, 1999, after a full hearing, the Commission suspended Ms. Whitaker's license until July 1, 1999 and imposed a $1,500 fine. Ms. Whitaker was found guilty of violating N.J.S.A. 45:15-17(d), (e) and (l) because she had failed to turn over to her broker a commission check payable to her broker which she had received as a salesperson at a real estate closing. In this case the Commission took note of significant mitigating factors, including the involvement of the respondent's ex-spouse in her misconduct.
March
Michael A. Uhde, broker, Good Neighbor/Uhde Realty, Essex County – On March 2, 1999, the Commission issued an Order temporarily suspending the licenses of Michael Uhde and Good Neighbor/Uhde Realty for violations of N.J.S.A. 45:15-17(d) and (o). On March 23, 1999, the Commission permanently revoked the licenses of Michael Uhde and Good Neighbor/Uhde Realty and imposed a fine of $65,000. The Commission further ordered that the Essex County Prosecutor be notified of the details of the Commission's case against Mr. Uhde and that his bank accounts be frozen. Mr. Uhde collected escrow deposits totaling over $60,000 from purchasers of real estate in numerous transactions and misappropriated them to his own use. Mr. Uhde did not comply with subpoenas that were served on him by the Commission in the course of the investigation. Uhde was also found to be in violation of N.J.S.A. 45:15-17(e).
Amir Youssef, salesperson, Essex County – At a full hearing on March 9, 1999, the Commission revoked Mr. Youssef's license for 5 years and imposed a $1,000 fine for violations of N.J.S.A. 45:15-12.1, 45:15-17(a), (e), (h) and (n). Mr. Youssef had been convicted of a theft offense within 5 years of initially applying for licensure and when asked on the license application whether or not he had ever had a criminal conviction, he answered in the negative.
February
John G. Bocchino, salesperson, Mercer County – On February 23, 1999, the Commission approved a settlement whereby Mr. Bocchino admitted to violations of N.J.S.A. 45:15-19.1 and N.J.S.A. 45:15-17(a) and agreed to the revocation of his license until November 12, 2003 and to pay a $1,000 fine for making a substantial misrepresentation to the Commission regarding his criminal conviction on his application for licensure.
Royal West Properties, Inc., registered out of state developer – On February 23, 1999, the Commission approved a settlement whereby Royal West agreed to a six month suspension of its registration and agreed to pay a $7,500 fine for improperly marketing its properties in New Jersey at a time when its registration was not in effect.
Donna M. Cialella, salesperson, Burlington County – On February 9, 1999, after a full hearing at which Ms. Cialella did not appear, the Commission found her guilty of N.J.S.A. 45:15-17(a), (h) and (n). The Commission also found that pursuant to N.J.S.A. 45:15-9, Ms. Cialella lacked the requisite good character, honesty, integrity and trustworthiness needed to qualify to hold a salesperson's license. Prior to her applying for a salesperson's license, Ms. Cialella had been convicted of theft. Ms. Cialella made a substantial misrepresentation to the Commission on her license application regarding her criminal conviction. The Commission revoked Ms. Cialella's license for five years and imposed a fine of $5,000.
January
William R. Grayson, salesperson (inactive), Gloucester County – On January 12, 1999 after a full hearing, the Commission found Mr. Grayson guilty of violations of N.J.S.A. 45:15-1 and 45:15-3, unlicensed activity, N.J.S.A. 45:15-17(c), (d), (e), (f) and (o). The Commission revoked Mr. Grayson's eligibility to hold a real estate license and imposed a fine of $25,000. He was also ordered to make restitution to several victims. At a time when Mr. Grayson was not licensed with an employing broker, he represented himself to be a licensed real estate salesperson, obtained deposit monies on real estate transactions and converted those deposit monies to his own use.
Evan Linchon, broker, Bergen County and Ichiro Makino, salesperson, Bergen County – On January 12, 1999, after a full hearing, the Commission revoked Mr. Linchon's license for five years, barred him from obtaining an instructor's license and imposed a fine of $10,000 for violations of N.J.S.A. 45:15-17(a), (c), (e) and (n) as well as N.J.A.C. 11:5-4.4. Mr. Makino's license was revoked and he was declared to be ineligible to apply for a license until July 1, 2001. Mr. Linchon lied on his application for a broker's license by indicating that he was not licensed in another state when he was in fact licensed in New York, did not reveal that his license in New York had been suspended in 1986, attempted to procure a real estate instructor's license by fraud, misrepresentation and deceit by cheating on the examination, and impersonated Mr. Makino during an examination to assist Mr. Makino in obtaining a salesperson's license. Mr. Linchon also failed to maintain a bona fide real estate broker's office in New Jersey. Mr. Makino obtained a real estate license by fraud because he allowed Mr. Linchon to take the salesperson's licensing examination in his place.
Peter Walton, salesperson (inactive), Monmouth County – On January 5, 1999, the Commission approved a settlement whereby Mr. Walton agreed to surrender his license with prejudice in lieu of prosecution on charges alleging a violation of N.J.S.A. 45:15-17(h). |
 |
|
| 1998-1996 |
Resorts, U.S.A., Treetops, Inc. and H.R.P. Corporation, Bushkill,
Pa., January 6, 1998 (timeshare projects registered with the Commission under
the Real Estate Sales Full Disclosure Act). The Commission issued an Order
Approving Settlement whereby the Respondents agreed to discontinue their use
and promotion of an owner referral program known as "Lucky Bucks" and agreed
to pay a fine in the amount of $60,000. Further, Respondents agreed to make
full restitution and rescission on complaints filed by New Jersey residents
who purchased in reliance upon their ability to offset mortgage payments through
participating in the "Lucky Bucks" program. This obligation applies to complaints
filed with the Commission through January 6, 2000. The Respondents' registrations
were placed on probation for a period of two years.
Robert Meyer, salesperson, Ocean County, January 13, 1998. After
a full hearing, the Commission found Mr. Meyer to be in violation of N.J.S.A. 45:15-12.8, 45:15-17(o), 45:15-17(d), and 45:15-17(a), (c), (e), (k) and (l).
Mr. Meyer's license was suspended until June 30, 1999 and a fine of $2,000
was assessed against him. Mr. Meyer handled rental transactions without reporting
them to his broker and, in one case, to the owner of the property in question,
made misrepresentations to his broker, to the owners of properties, and to
the tenants regarding the status of the rentals and deposited rent monies
into his personal account.
Vincent Da Silva, formerly licensed salesperson, Essex County, March
4, 1998. After a full hearing, the Commission found Mr. Da Silva to have violated N.J.S.A. 45:15-17(a) and (e). Mr. Da Silva's license was suspended
for six months and, prior to applying for relicensure, he must take and pass
the salesperson's prelicensure course. Mr. Da Silva had his insurance producer's
license revoked in April, 1997. When he applied in July, 1997 for reinstatement
of his expired real estate license, he falsely indicated that he had not had
the right to engage in any other business or profession revoked or suspended
in New Jersey.
Kenneth Ravida, Passport Travel Services, Bruce Michaud, Dale Pautsch,
Resort Owner Services, all unlicensed persons and entities, January 6,
1998. The Commission found that all Respondents were in violation of N.J.S.A. 45:15-1 and 45:15-3 and were subject to sanctions pursuant to 45:15-17(t).
The Commission issued an Order of Determination requiring all Respondents
to cease and desist from real estate marketing and brokerage activities and
assessing a fine in the amount of $85,000. The Commission further ordered
that Respondents make full restitution to all persons who had filed complaints.
The Respondents had operated an unlicensed timeshare resale and listing service.
Thomas Demetriades (broker-salesperson), Thomas Hogan (broker
of record) and Loebus Hogan, Inc., Monmouth County, March 3, 1998.
The Commission issued an Order Approving Settlement wherein Mr. Demetriades
admitted to having violated N.J.S.A. 45:15-17(a) and (t), and N.J.A.C.
11:5-1.23 and 11:5-1.43. Mr. Hogan admitted to having violated N.J.S.A. 45:15-17(t), and N.J.A.C. 11:5-1.23 and 11:5-1.43. The licenses of Mr. Demetriades
and Mr. Hogan were placed on probation for one year, they each agreed to pay
a fine of $5,000, and they both must complete the two thirty hour courses
on agency/ethics and office management which are currently offered as a part
of the broker's pre-licensure education requirements. The violations arose
out of the failure of Respondents to provide a Consumer Information Statement
to the sellers in a timely manner, and the failure to timely notify the sellers
that a buyer's deposit check had been returned for insufficient funds and
that no deposit monies were being held on the transaction.
Ricky K. Bedford, salesperson, Atlantic County. After a full hearing,
the Commission found Mr. Bedford to have violated N.J.S.A. 45:15-17(s)
for failing to report that he had been charged with a crime within 30 days
of the filing of the criminal charges against him. A fine of $1,000 was assessed
against him, and his license was placed on probation until June 30, 1999.
Jeraldean Lucas, broker, Bergen County. At a full hearing, the Commission
found Ms. Lucas to be in violation of N.J.S.A. 45:15-12.8, and 45:15-17(o)
by receiving the funds of others in one real estate rental transaction in
the form of a check payable to a payee other than her employing broker, and
depositing same into a personal or other business account which she had maintained.
The Commission imposed a fine of $2,000 and her license was placed on probation
for two years during which time she must submit escrow ledgers and bank statements
quarterly to Commission.
Sandra Ross Harper, salesperson, Bergen County, N.J.S.A. 45:15-12.8, 45:15-17(o), receiving funds of others in one real estate rental
transaction payable to a payee other than her employing broker, and depositing
same into a personal or other business account which she maintained. The Commission
imposed a $500 fine, and placed Ms. Harper's license on probation for two
years during which time her employing broker must submit to the Commission
quarterly reports on her activities.
Anthonette Diamond, broker-salesperson, Burlington County. In a
settlement approved by the Commission, Ms. Diamond admitted to violations
of N.J.S.A. 45:15-1 in that over a period of some six years and on
numerous occasions she conducted real estate brokerage activity through an
unlicensed entity while she was licensed as a broker-salesperson; N.J.S.A. 45:15-16 and 45:15-17(m) in that she accepted a commission or valuable consideration
for the performance of real estate brokerage and/or property management activities
from persons other than her employing broker; N.J.S.A. 45:15-12.8 in
that she received monies as the temporary custodian of the funds of others
in real estate transactions in the form of cash or other negotiable instruments
payable to a payee other than the broker with whom she was licensed and, upon
her receipt of the said funds failed to account for and deliver them to her
broker for deposit into an escrow account maintained by her broker; and, while
licensed as a broker salesperson, she independently maintained an escrow account
into which she placed security deposits collected from tenants of properties
she did not own in violation of N.J.A.C. 11:5-1.3(c). Ms. Diamond agreed
to a three year revocation of her broker-salesperson's license, a two month
period of ineligibility to hold a salesperson's license, and a $20,000 fine.
Ahmed S. Abu-Lebda, former salesperson, Bergen County. The Commission
received notification from the Division of Insurance that Mr. Abu-Lebda had
signed a consent order suspending his insurance producer's license for two
years and imposing a fine of $4,000 for submitting false applications for
insurance coverage to the Personal Automobile Insurance Plan (PAIP). Mr. Abu
Lebda failed to disclose to the Commission the suspension of his insurance
producer's license on a license reinstatement application in violation of N.J.S.A. 45:15-17(a), (e), (l), (n). Mr. Abu-Lebda's eligibility to
hold salesperson's license was revoked for five years and a $2,000 fine was
imposed.
Joseph Sinisi, broker-salesperson, Union County. A settlement was
approved by the Commission wherein Mr. Sinisi admitted an unintentional violation
of N.J.S.A. 45:15-17(s) in failing to notify the Commission within
30 days of an arrest or of the filing of criminal charges. He agreed to pay
a fine in the amount of $1,000, agreed to withdraw his application for a real
estate instructor's license and further agreed not to re-submit same until
October 9, 1998.
Rose Russo, salesperson, Passaic County. A settlement was approved
by the Commission wherein Ms. Russo admitted that she had violated N.J.S.A. 45:15-17(m) by accepting a commission for real estate brokerage activity from
someone other than her employing broker. She agreed to re-take the salesperson
prelicensure education course and to pay a $1,000 fine.
Lisa M. Tortora, salesperson, Essex County. A settlement was approved
by the Commission wherein Ms. Tortora admitted that she violated N.J.S.A. 45:15-17(n), obtaining a real estate license by misrepresentation, in that
she failed to disclose to the Commission that she had been convicted of the
offense of theft by deception within the five years immediately preceding
her application for a salesperson's license. Her license was revoked for five
years and she agreed to pay a $1,000 fine.
Joseph Sidoti, salesperson, Monmouth County. After a full hearing,
the Commission found that Mr. Sidoti had violated N.J.S.A. 11:5-1.23(a)
and (b) in that he failed to ascertain material information and failed to
deal fairly with the sellers when he failed to inform the sellers that two
deposit checks had been returned unpaid because the buyers' bank account had
been closed. The Commission also found that he had violated N.J.S.A. 45:15-17(e) when he accepted and failed to question a third deposit check
drawn on the same bank account which he had been previously notified was closed.
Mr. Sidoti's license was suspended for six months, he was ordered to re-take
the salesperson's prelicensure education course and a $1,000 fine was imposed.
Nicholas Gallo, broker-salesperson, Monmouth County. After a full
hearing, the Commission found that Mr. Gallo, who was a branch office supervisor,
had violated N.J.A.C. 11:5-1.19(c) failing to properly supervise the
actions of salesperson Joseph Sidoti, and N.J.S.A. 45:15-17(e) incompetency
in failing to question a deposit check which was drawn or to otherwise verify
the negotiability of those funds after he had received notice that the bank
account on which that check was drawn had been closed. A $2,000 fine was imposed.
Rodrigo Molina, salesperson, Essex County. At a full hearing, Mr.
Molina’s salesperson license was placed on probation for three years and a
fine of $500 was imposed. He was disqualified from taking the real estate
broker’s licensing examination during the period of his probation. Mr. Molina
was found guilty of violations of N.J.S.A. 45:15-17(a), misrepresentation
and 45:15-17(e), bad faith. Mr. Molina had taken the real estate broker’s
license examination and had attempted to use notes during the exam.
John W. Jardine, broker, Eagle Marketing Services, Camden County--
On September 8, 1998, the Commission approved a settlement whereby Mr. Jardine
admitted to violations of N.J.S.A. 45:15-17(c), (e) and (n) and agreed to
a suspension of his license for six months and a $7,500 fine for pursuing
a flagrant and continued course of misrepresentation to the Commission regarding
the location of his office and obtaining a real estate license through misrepresentation.
Dennis Tapalaga, broker, Passaic County-- At a full hearing on September
15, 1998, the Commission revoked Mr. Tapalaga’s license for a minimum of three
years or until he is released from criminal probation, whichever is longer
and assessed a $2,500 fine for violations of N.J.S.A. 45:15-17(s), (n), (a)
and (t) for having been convicted of crimes and failing to inform the Commission
of same and for specifically stating on his license renewal form that he had
not been convicted or charged with any offenses.
George N. Markakis, salesperson (inactive), Camden County-- At a
full hearing on September 23, 1998, the Commission found that Mr. Markakis
had violated N.J.S.A. 45:15-17(e) unworthiness and 45:15-17(s) when he failed
to notify the Commission within 30 days of the filing of formal criminal charges
against him. At such time as Mr. Markakis seeks to reinstate his license,
same will be issued on a probationary basis for two years. Mr. Markakis’ application
for a broker’s license was denied.
Gerald A. Calabrese, broker, and Mary Ann Maiorana, broker-salesperson,
Bergen County -- On October 7, 1998, the Commission entered an Order Approving
Settlement in which Gerald Calabrese as broker of Anderson Group Associates
agreed to pay a fine in the amount of $12,500 acknowledging his responsibility
as broker under N.J.A.C. 11:5-1.18 to properly supervise the activities of
his office manager. Mr. Calabrese also agreed to complete 60 hours of broker
prelicensure education. Ms. Maiorana admitted to a violation of N.J.S.A. 45;15-17(e)
and agreed to a suspension of her broker-salesperson license until June 30,
1999, a fine of $2,500, and agreed to complete 60 hours of broker prelicensure
education. Mr. Calabrese had delegated to Ms. Maiorana the duty to handle
all licensing transactions, including initial applications, transfers, reinstatements
and renewals. When Ms. Maiorana failed to perform those duties, the result
was that 25 salespersons were unlicensed for various lengths of time.
Richard Calanni, salesperson, Middlesex County, at a full hearing
the Commission suspended Mr. Calanni’s license pursuant to N.J.S.A. 45:15-19.2
pending the final disposition of the criminal charges pending against him
involving fraud in the purchase and resale of real estate.
DeAndre Rudolph, salesperson (inactive), Middlesex County, the Commission
determined that Mr. Rudolph was subject to the provisions of N.J.S.A. 45:15-12.1,
45:15-17(e), and 45:15-19.1 based on his criminal conviction and that he is
ineligible for re-licensure until October 23, 2001.
Donna Graziano, salesperson, Atlantic County, after a full hearing,
the Commission revoked Ms. Graziano’s license for one year and imposed a fine
of $1,000 for violations of N.J.S.A. 45:15-17(a) and (e) and N.J.A.C. 11:5-1.23(a)
and (g). At such time as Ms. Graziano becomes eligible to reinstate her license,
she must complete the salesperson prelicensure education course. Ms. Graziano
was found to have made substantial misrepresentations to the Commission and
to the principals in a rental transaction and to have failed to fulfill her
fiduciary obligations as an agent in that transaction.
Damien Ostrowski, salesperson, Middlesex County, at a full hearing,
the Commission found that Mr. Ostrowski was guilty of violations of N.J.S.A.
45:15-17(a) and (n) when he failed to reveal his criminal convictions to the
Commission on his initial application for a salesperson’s license. Mr. Ostrowski’s
license was revoked until July 1, 2001 and he must pay a fine in the amount
of $1,000. If Mr. Ostrowski wishes to apply for a license after July 1, 2001,
he must completely re-qualify for same and any license will be issued on a
probationary basis for one year.
Judith Kelly Dempsey, salesperson (inactive), Morris County. At
a full hearing the Commission revoked Ms. Dempsey's eligibility to hold a
real estate license for a period of five years pursuant to N.J.S.A. 45:15-19.1
because she had been convicted of three counts of theft. The Commission further
imposed a fine of $2,000 for violations of N.J.S.A. 45:15-17(a), (e), (h)
and (n) because she not only failed to report the convictions to the Commission,
but when asked on a salesperson's license application whether or not she had
been convicted of a criminal offense, she answered in the negative.
Tina Wisniewski (salesperson) and Paul Vitola (salesperson),
Monmouth County. Order Approving Settlement issued January 7, 1997 citing
violations of N.J.S.A. 45:15-19.1 and 45:15-17(e) in that they were
each convicted in municipal court of a disorderly persons offense arising
out of or related to their activities as real estate salespersons. Real estate
salespersons licenses suspended for 3 months, $5,000 fine.
Goldstar Capital, Inc, Resorts Specialists, Inc. and Blair
B. Davey (unlicensed companies and individual), Camden County. Order of
Determination issued on March 11, 1997, finding unlicensed activity in violation
of N.J.S.A. 45:15-1 and 45:15-3. Cease and desist order issued, and
a one year period of ineligibility for licensure and a fine of $5,000 imposed.
Richard Reich (formerly licensed salesperson), Middlesex County.
Order Revoking License until further order of the Commission issued February
28, 1997 for violations of N.J.S.A. 45:15-19.1 and 45:15-17(e) based
upon burglary conviction relating to his activities as a real estate salesperson.
Stanley Minkin (formerly licensed salesperson), Middlesex County.
Order Approving Settlement issued June 10, 1997 citing violation N.J.S.A. 45:15-17(e), (l) and (s) relating to guilty plea to fraud offense and failure
to report filing of criminal charges to the Commission. Eligibility for relicensure
as a salesperson revoked for 5 years.
Scott Apsaform (formerly licensed salesperson), Bergen County. Order
of Determination issued April 21 1997, finding violations of N.J.S.A. 45:15-12.1, 45:15-17(a), (e) and (n) relating to his having been convicted
of a theft offense within the five year period prior to applying for licensure
and making misrepresentations on his license application about that conviction.
Ten year period of ineligibility to hold real estate salesperson's license,
and $10,000 fine imposed.
Ayman Mohamd, (salesperson), Union County. Order of Determination
issued May 13, 1997 finding violations of N.J.S.A. 45:15-17(e) and
(l) relating to his failure as a New Jersey Insurance Producer licensee to
remit premiums received from consumers to the New Jersey Personal Automobile
Insurance Plan. One year revocation of salesperson's license, four years probation
upon restoration of salesperson's license, ineligible to apply for broker's
license for four years.
Urulee Watson, (broker), Essex County. Order of Determination issued
June 3, 1997 finding violations of N.J.S.A. 45:15-17(e) relating to
his failure as a New Jersey Insurance Producer licensee to remit premiums
received from consumers to the Prudential Commercial Insurance Company and
his issuance of a check in payment of fines to the New Jersey Department of
Insurance which was dishonored and not subsequently made good. Broker's license
revoked for 5 years, ineligible to hold salesperson's license for 5 years.
Matthew Brown, (formerly licensed broker), Bergen County. Order
of Determination issued May 20, 1997 citing violations of N.J.S.A. 45:15-1, 45:15-3, 45:15-17(e), (l) and (o), and N.J.A.C. 11:5-1.23. Lifetime
revocation of eligibility to hold a broker's license, 2 year period of ineligibility
to hold a salesperson's license and $1,000 fine imposed in addition to the
fines previously imposed in Consent Order dated May 25, 1993.
Frank A. Torres (salesperson), Rogelio Ruiz (broker), Signature
Properties, Inc. (broker), Hudson County. Order of Determination issued
May 20, 1997 finding: as to Torres, violations of N.J.S.A. 45:15-1,
45:15-17(a)(e) and (n) involving unlicensed activity and misrepresentations
to the Commission on a corporate broker license application. Salesperson's
license revoked for 2 years and $2,000 fine imposed; as to Ruiz, violations
of N.J.S.A. 45:15-1, 45:15-17(a) and (e) involving incompetency and
misrepresentations to the Commission on a broker license application. Broker's
license revoked for 1 year, required to take 30 hour course on ethics and
30 hour course on office management; as to Signature Properties, violations
of N.J.S.A. 45:15-1, 45:15-17(a), license revoked indefinitely.
Lal M. Pathan (salesperson) and Al-Madina Realty (formerly
licensed broker), Bergen County. Order of Determination issued June 17, 1997
citing violations of N.J.S.A. 45:15-1, 15-3, 15-17(a), (e) and (t)
involving unlicensed activity, misrepresentations to the public and representing
himself as a member of the National Association of Realtors when he was not
a member of that organization. Salesperson's license revoked for 1 year, re-education
and examination required prior to reinstatement and $1,000 fine imposed.
Michael P. Federico (broker), Cape May County. Order of Determination
issued June 10, 1997 citing violations of N.J.S.A. 45:15-17(e) and
N.J.A.C. 11:5-1.13 involving his failure to comply with a Commission subpoena
and to make his records available for inspection by Commission investigators.
Broker's license revoked until further Order of the Commission and $2,000
fine imposed.
Elaine Sourlis (broker) Monmouth County. Order Approving Settlement
issued June 3, 1997 finding violations of N.J.S.A. 45:15-17(e) and
(l) involving her entry of a guilty plea to a criminal fraud offense. Broker
license surrendered with prejudice for 5 years.
James Neumerski (salesperson), Camden County. Order of Determination
issued June 17, 1997 citing violations of N.J.S.A. 45:15-17(c), (d),
(e), (l), (m) and (s). The violations involved his pursuit of a flagrant and
continued course of misrepresentation, accepting commissions from persons
other than his employing broker, failing to pay over or account for commission
monies paid to him, conduct constituting fraud and dishonest dealing, and
failing to notify the Commission of the filing of criminal charges against
him. Salesperson's license revoked for 10 years, $7,500 fine imposed.
Larry Ansell (broker), Michael Gohar (salesperson), Monmouth
County. Order of Determination issued March 4, 1997, finding violations of N.J.S.A. 45:15-17(e) and (h) relating to their convictions for failing
to pay sales and other state taxes incurred by a business unrelated to their
activity as real estate licensees. The real estate licenses of both Ansell
and Gohar were placed on probation for a term concurrent with their criminal
probation.
Gerald A. Dorman (salesperson), Paul J. Kahn (broker), Lee
Group, Inc. Business Brokers (broker), Union County. Orders Approving
Settlement entered March 25, 1997 reciting: as to Dorman, violations of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-1.23 involving commingling escrow funds and
failing to protect and promote the interests of their principals. Salesperson
license revoked for 5 years, $2,500 fine; as to Kahn, violations of N.J.S.A. 45:15-17(e) and N.J.A.C. 11:5-1.4 involving incompetency and failure to adequately
supervise salesperson Dorman and oversee the escrow account of the corporate
broker. Broker's license revoked for 5 years and $500 fine imposed.
Mary M. Beety (broker), Bergen County. Memorandum of Settlement
dated February 7, 1997 reciting violations of N.J.S.A. 45:15-17(d)
and (o) involving the commingling and misappropriation of escrow monies. Broker's
license surrendered with prejudice for two years, ineligible to apply for
salesperson's license for 5 months and $5,000 fine imposed.
Frank Hernandez, Jr. (broker), H & G Realty, Inc. (broker),
Middlesex County. Consent Agreement to License Revocation dated March 26,
1997, citing violations of N.J.S.A. 45:15-17(e) and (o) involving commingling
of escrow monies. Broker's license revoked for 10 years, eligible to hold
salesperson's license after September 30, 1997 and $5,000 fine imposed.
James W. Smith, t/a Smith and Associates (broker), Essex County.
Consent Agreement to License Revocation dated February 4, 1997, citing violations
of N.J.S.A. 45:15-17(d) and (o) involving the commingling and misappropriation
of escrow monies. Broker's license revoked for 5 years, ineligible to apply
for salesperson's license for 2 years, $5,000 fine imposed and ordered to
make restitution of $11,000.
Janice Blocker (salesperson), Mercer County. Consent to License
Revocation dated February 28, 1997 citing violations of N.J.S.A. 45:15-1,
45:15-3, 45:15-17(d) and (e) involving unlicensed activity and misappropriation
of a rental security deposit. Salesperson's license revoked for 2 years, $2,500
fine imposed and ordered to make restitution of $1,275.
Jane Blevins, salesperson, Union County. The Commission placed Ms.
Blevins' license on probation until June 30, 1999 and required that she re-take
the salesperson's prelicensure education course and pass the examination for
same. The Commission also ordered that she provide quarterly reports from
her employing broker regarding her real estate activities. The Commission
found Ms. Blevins guilty of violations of N.J.S.A. 45:15-1, 45:15-3
and 45:15-17(e) incompetency after finding that she engaged in real estate
brokerage activity after her employing broker had closed his office.
Doris Espino t/a Bohorquez Realty, (broker of record), Middlesex
County. The Commission revoked Ms. Espino's broker's license for 3 1/2 years
and imposed a fine of $500. Ms. Espino may apply for a salesperson's license
after 6 months. The Commission found Ms. Espino guilty of violations of N.J.S.A. 45:15-1, 15-3, 45:15-17(a), (e) and (l). In order to re-apply for a broker's
license, Ms. Espino must completely re-qualify for same, including meeting
all education, examination and experience requirements in effect at the time.
Ms. Espino submitted late renewal applications, submitted renewal fees by
a check which was returned for insufficient funds, and made misrepresentations
to a Commission investigator regarding payments allegedly made to replace
the check which had been returned.
Jane Moon, salesperson, Mercer County. The Commission suspended
Ms. Moon's license for 6 months and imposed a fine of $1,000. The Commission
found Ms. Moon guilty of violations of N.J.S.A. 45:15-17(a), (e) as
to bad faith and (l). Ms. Moon was found to have made misrepresentations to
the seller of property for which she was the buyer, to the mortgage company
to whom she had applied for financing, and to the Court in litigation which
resulted from her breach of the contract of sale.
Howard Hirsch (salesperson) and International Travel Brokers,
Inc. (unlicensed entity), Brigantine -- A Consent Order was entered into
by the parties and was approved by the Commission in September, 1996 which
imposed sanctions on Hirsch for violations of N.J.S.A. 45:15-17(a),
(c) and (e).
Mr. Hirsch agreed to a six month suspension of his salesperson's license, and
agreed to pay a $10,000 fine. Once his license is restored, Hirsch's salesperson's
license will be held on a probationary basis for 10 years. A plan to make
restitution of approximately $50,000 was approved. The case involved a real
estate salesperson conducting his own unlicensed business listing timeshare
interests for sale and collecting fees for that activity directly from the
owners of the listed units. The activities were not conducted through his
employing broker. NOTE: At the time of the violations, the employing broker
was Brigantine Inn Marketing, Inc. Mr. Hirsch subsequently transferred his
license to Kayal Inc.
Darryl Fiume, Pikco Construction Company, Fort Lee -- -- A Consent
Order was entered in October, 1996, wherein Fiume and Pikco agreed to discontinue
unlicensed sales and marketing activities in New Jersey of lots located in
Pennsylvania in violation of N.J.S.A. 45:16.27 et seq. Mr. Fiume agreed
to close the Fort Lee office of Pikco Construction and to a one year period
of ineligibility to apply for registration, or an exemption from registration,
pursuant to N.J.S.A. 45:15-16.30 et seq. Mr. Fiume agreed to a three
year period of prohibition from any sales or marketing and agreed to make
restitution to aggrieved parties who file meritorius complaints with the REC,
in addition to those who were named in the Order to Show Cause. Mr. Fiume
agreed to pay a $20,000 fine.
David Guzman, (salesperson), Jersey City, 10/96 -- After a full
hearing, the Real Estate Commission revoked Mr. Guzman's salesperson's license
for 7 years. He was also ordered to make restitution and a $5,000 fine was
imposed for violations of N.J.S.A. 45:15-17(d). Mr. Guzman had accepted
a cash deposit on a real estate transaction and failed to turn it over to
his employing broker.
Anthony Iezzi, (salesperson), Berlin, 11/96 -- After a full hearing,
the Commission imposed a 5 year revocation of Mr. Iezzi's salesperson's license
and a $10,000 fine for violations of N.J.S.A. 45:15-17(d), (s), and
45:15-19.1. Iezzi was indicted and convicted of bank fraud in the United States
District Court, and failed to report his indictment to the Commission. He
also altered the payee (his broker) on a tenant's rent check and deposited
same into his personal account, without turning the monies over to his employing
broker.
Aaron Forman, salesperson, Wayne, 11/96 -- After a full hearing
pursuant to N.J.S.A. 45:15-19.1, the Commission revoked the salesperson's
license of Mr. Forman until January 25, 2005. The Commission further ordered
that before he will be eligible for relicensure, he must have paid his court-ordered
restitution of $17,700. Mr. Forman had been convicted in the United States
District Court on one count of bank fraud.
Alfonso Santoro, Pam An Agency, Inc., Maplewood, 11/96 -- The parties
entered into a Consent Order in which Mr. Santoro agreed to surrender his
broker's license with prejudice for 2 years and agreed to pay a $1,000 fine
for violations of N.J.A.C. 11:5-1.14. Mr. Santoro failed to properly supervise
the office of the corporate broker licensee and the activities of his salesperson,
Marion Miller. Mr. Miller had misappropriated escrow monies and used them
for his own purposes.
Marion R. Miller, salesperson with Pam An Agency, Maplewood,
11/96 -- After a full hearing, the Commission revoked permanently the salesperson's
license of Marion Miller and imposed a $5,000 fine for violations of N.J.S.A. 45:15-17(d), (e), (l) and (s), and 45:15-9. Mr. Miller had accepted cash escrow
deposit monies on real estate transactions and misappropriated them to his
own use. He was also convicted in the United States District Court on the
charge of trafficking in a counterfeit device.
Robert Dragotta, broker, Real Estate Unlimited, Voorhees,
12/96 -- After a full hearing, the Commission revoked the broker's license
of Robert Dragotta for 5 years, and held that he is ineligible to hold salesperson's
license for 5 years for violations of N.J.S.A. 45:15-12, N.J.A.C. 11:5-1.14
and 1.18 and N.J.S.A. 45:15-17(o). The Commission determined Mr. Dragotta
failed to have an office open to the public as required by law, failed to
supervise the office and the activities of his salesperson John L. Mertz,
and commingled the funds of others on real estate transactions which were
to have been held by Real Estate Unlimited as an escrow agent. The corporate
real estate broker was found to have operated in violation of the law which
requires that the broker of record be an officer of the corporation.
John L. Mertz, salesperson, Real Estate Unlimited, Voorhees,
N.J., 12/96-- salesperson's license revoked for 5 years for violations of N.J.S.A. 45:15-17 (a), making substantial misrepresentations to a Real
Estate Commission investigator.
Sandra Woods, salesperson, River Bank Realty, Neptune, N.J.,
12/96 -- After a full hearing, the Commission determined that Ms. Woods had
violated N.J.S.A. 45:15-17(a), (c), (e) and (n) and her salesperson's
license was revoked for 5 years. A $5,000 fine was also imposed. Ms. Woods
had submitted a broker experience report which contained substantial misrepresentations.
In addition, she had previously been convicted of a theft offense, which fact
was not disclosed to the Commission on several applications for licensure.
Charles F. Booker, broker, River Bank Realty, Neptune, N.J.,
12/96 -- After a full hearing, the Commission imposed on Mr. Booker a fine
of $500 for violations of N.J.A.C. 11:5-1.18 for failing to supervise the
real estate office and the activities of the licensees employed there.
Henry Brown, broker, River Bank Realty, Neptune, N.J., 12/96
-- $500 fine imposed for violations of N.J.S.A. 45:15-17(a). Mr. Brown
signed a broker experience report for Sandra Woods which contained substantial
misrepresentations.
J. Michael Hill, broker, J. Michael Hill, Inc., t/a Hill Associates,
Harvey Cedars, 12/96 -- As broker of record of Hill Associates, Mr. Hill pleaded
guilty to violations of N.J.S.A. 45:15-17(o) and (e), N.J.A.C. 11:5-1.8,
5-1.12 and 5-1.13. Mr. Hill admitted to commingling and misappropriating escrow
deposit monies over a two year period, failing to maintain proper records,
and failing to produce those records for inspection by a Commission investigator.
After a hearing in mitigation of penalties, the Commission revoked Mr. Hill's
broker's license for 10 years, deemed him ineligible to hold a salesperson's
license for 6 months, and imposed a fine of $10,000.
Joseph Louis Belle , salesperson, Morristown, N.J.
1/11/96 Salesperson's license was revoked under N.J.S.A. 45:15-19.1 for a
period of 5 years based on a conviction of theft by deception.
Demetria Abad, a/k/a Demi Santiago , unlicensed person, Rufus
Grant, Jr., broker of record of Detrech Enterprises, Montclair, N.J.
2/14/96 Abad's license as a real estate salesperson had been revoked by the
REC for commingling violations in 1991. Thereafter, she was hired by Detrech
Enterprises to act as a business broker. The evidence at the hearing established
that Abad represented herself to be a real estate salesperson and engaged
in unlicensed real estate activity with the knowledge and consent of broker
Grant when she negotiated the sale of a nursing home business and of the real
estate on which it stood. Abad was ordered to cease and desist from engaging
in real estate activity, declared ineligible to ever hold a real estate license
in New Jersey and fined $20,000. Grant's broker's license was suspended until
June 30, 1996. He was also fined $20,000 and is required to complete the two
thirty hour broker pre-licensure education courses on agency/ethics and office
management.
Kenneth Kanoff , salesperson, Hackensack, N.J.
3/12/96 Salesperson's license was revoked under N.J.S.A. 45:15-19.1 for a
period of 5 years based on a conviction of theft by deception. Mr. Kanoff
was also found guilty of failing to report the criminal conviction to the
Commission, and the Commission found that the conduct underlying the criminal
conviction demonstrated that Mr. Kanoff did not possess the good moral character,
honesty, integrity and trustworthiness required of all licensees. The case
remains under appeal. However, on May 7, 1996 the New Jersey Supreme Court
vacated a stay of the Commission's order revoking Mr. Kanoff's license which
had been entered by the Appellate Division of the Superior Court.
Fred Potok, broker, Atlantic County. An Amended Final Order of Determination was entered December 19, 2002 whereby the Commission’s prior Order of Determination dated October 29, 1996 was rescinded and vacated. In the 2002 Order, Fred Potok agreed to voluntarily surrender his license as a New Jersey Real Estate salesperson and broker, and agreed not to re-apply for such licensure. Mr. Potok paid a fine of $10,000.
Joseph Tumolo , salesperson, and Barbara S. Rossell , t/a
Rainbow Realty, broker, Ventnor, N.J.
4/16/96 The REC revoked the salesperson's license of Joseph Tumolo for a period
of 5 years, imposed a fine of $5,000 and required that he make restitution
of over $10,000. Ms. Rossell's license as a broker was revoked for 10 years,
and she is ineligible to hold a salesperson's license for 7 years. She was
fined $20,000 and is required to make restitution of over $10,000. Rainbow
Realty acted as the property manager for owners of various properties in Atlantic
County. Tumolo and Rossell were found guilty of commingling and failing to
pay over monies collected from tenants at the properties which they managed.
These monies included rents and security deposits which were to have been
held by them as the temporary custodians of the funds of others in real estate
transactions. The evidence presented established that the monies were converted
to their own use. Broker Rossell also failed to maintain escrow ledger and
bank records and did not provide business records to the Commission in response
to a subpoena demanding their production.
Joseph J. Diaz , broker, J.J.D. Enterprises, Inc., Sea Girt, N.J.
4/23/96 After a full hearing, the REC found Mr. Diaz guilty of making substantial
misrepresentations and procuring a license by fraud, misrepresentation or
deceit for stating on three applications for licensure that there were no
criminal charges pending against him. In fact, Mr. Diaz was under indictment
for theft at the time he completed both applications. The Commission revoked
the broker's license for 3 and 1/2 years, declared him to be ineligible to
hold a salesperson's license for 6 months, and imposed a fine of $5,000.
John B. Hesser, formerly licensed salesperson with United Coast
Realty, Rio Grande, N.J. At a Commission hearing on July 9, 1996, John B.
Hesser was found guilty of making substantial misrepresentations and procuring
a license by fraud and deceit by failing to disclose a criminal conviction
in 1994 and a pending criminal indictment in 1995, both of which arose out
of his activities as a real estate salesperson. Hesser had been convicted
of theft by deception and issuing bad checks, for which N.J.S.A. 45:15-19.1
mandates revocation of his real estate license. He was also found to be subject
to sanctions pursuant to N.J.S.A. 45:15-17(h) in that he was convicted of
crimes, knowledge of which the Commission did not have at the time he was
last issued a real estate license. Mr. Hesser was fined $500 and, having previously
surrendered his license, his eligibility for relicensure was revoked until
January 11, 1999.
Joseph Mastropole and Best Choice Realty Associates, Inc., real
estate brokers, formerly of Clifton, N.J. On July 30, 1996, Joseph Mastropole
was found guilty of violations of N.J.S.A. 45:15-17(o) (commingling) and N.J.A.C.
11:5-1.12 (failing to maintain trust account records and ledgers and failing
to make quarterly reconciliations of his trust accounts.) The Commission's
audit of Best Choice Realty uncovered extensive and continuous churning of
escrowed funds, i.e. disbursing funds which were to have been held in trust
on transaction C to a party to transaction B, whose funds were previously
disbursed to a party to transaction A, etc. In addition, the audit disclosed
over $14,000 in shortages in the escrow accounts. Mastropole's broker's license
was revoked for ten years. After July 1, 1997, he will be eligible to hold
a salesperson's license. However, he must first requalify for same by completing
the salesperson pre-licensure education requirement and passing the state
license examination. Mr. Mastropole was also fined $20,000, which must be
paid before any license is issued. |
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