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Real Estate Commission
Disciplinary Actions (archive) |
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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.
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. |
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| 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 criminal 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.
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