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Real Estate Commission Disciplinary Actions (archive)
 
 2012


October

Willie Baker, a licensed New Jersey real estate salesperson, Essex County – By Final Order dated October 5, 2012, the Commission determined Baker violated N.J.S. A. 45:15-17(d) and (o) and N.J.A.C. 11:5-5.1(c) by failing to account for or pay over the funds of others in a real estate transaction, commingling the money of principals with his own funds and failing to turn over those funds to his broker for deposit in an escrow account. Baker failed to protect and promote the interest of his principal by failing to turn over deposit money to his broker in violation of N.J.A.C. 11:5-6.4(a).  Further, Baker made material misrepresentations to the Commission during its investigation and his conduct demonstrated unworthiness, bad faith and dishonesty in violation of N.J.S.A. 45:15-17(a) and (e).  The Commission revoked Baker’s salesperson’s license for seven (7) years, fined Baker $15,000 and ordered restitution in the amount of $3,500.

Thomas Beritelli, a licensed New Jersey real estate broker salesperson, Bergen County – By Final Order dated October 5, 2012 the Commission determined that the conduct underlying  Beritelli’s conviction of endangering the welfare of a child demonstrated unworthiness in violation of N.J.S.A. 45:15-17(e). The Commission revoked Beritelli’s real estate broker-salesperson’s license for four (4) years.

George Kacprzykowski, formerly licensed New Jersey real estate salesperson, Burlington County – By Final Order dated October 9, 2012, the Commission determined Kacprzykowski’s conviction of theft by deception arising out of his real estate brokerage business demonstrated unworthiness, bad faith and dishonesty in violation of N.J.S.A. 45:15-17(e) and such conduct established that Kacprzykowski did not possess good character, honesty, integrity and trustworthiness required under N.J.S.A. 45:15-9. The Commission also found that Kacpryzykowski’s eligibility for a real estate license was subject to revocation pursuant to N.J.S.A. 45:15-19.1 because he had been convicted of a theft offense which was related to his activities as a real estate salesperson.  His failure to notify the Commission within 30 days of the filing of those criminal charges against him was a violation of N.J.S.A. 45:15-17(s).   Kacprzykowski’s failure to account for or pay over escrow money in a real estate transaction and his commingling of those funds with his own were violations of N.J.S.A. 45:15-17 (d), (t) and (o).  Kacprzykowski conduct demonstrated he engaged in dishonest dealing in violation of N.J.S.A. 45:15-17(l).  The Commission permanently revoked Kacprzykowski’s real estate salesperson’s license and imposed a fine of $25,000.

September

Alexis Talbot, an unlicensed person, Essex County – By Consent Order dated September 25, 2012 Talbot admitted she misrepresented her past criminal record when filing for licensure as a New Jersey real estate salesperson, in violation of N.J.S.A. 45:15-17(n) and agreed to pay a fine of $500. 

August

Daniela P. Diaz, licensed real estate broker and broker of record of Towers Realty Group, Inc., licensed real estate broker, Morris County – By Consent Order dated August 9, 2012 Diaz admitted to numerous escrow violations including: commingling of money of principals by Diaz and Towers Realty, in violation of N.J.S.A. 45:15-12.5 and 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c).  Diaz and Towers Realty admitted that their conduct demonstrated unworthiness, incompetency and dishonesty, in violation of N.J.S.A. 45:15-17(e) and dishonest dealing in violation of N.J.S.A. 45:15-17(l) and a failure to protect and promote the interests of their principals, in violation of N.J.A.C. 11:5-6.4(a). Diaz and Towers Realty also admitted failure to record information required on trust account checkbooks for deposit and disbursements, failure to maintain and reconcile records at least quarterly and failure to report any change in an existing escrow accounts, in violation of N.J.A.C. 11:5-5.4(b)(1) and (b)(3) and N.J.A.C. 11:5-5.1(b).  Diaz admitted to violation of N.J.A.C. 11:5-5.1(e) for failure to deposit funds within five (5) days and falsely representing that she had properly closed the escrow account of Tower Realty in violation of N.J.S.A. 45:15-17(a) and N.J.A.C. 11:5-3.9.   Diaz admitted to further violation of N.J.A.C. 11:5-3.9 in that she did not notify the principals of ongoing transactions that Tower Realty ceased operation and the change in location of the escrow funds being held.  Diaz agreed to the revocation of her real estate broker’s license for ten (10) years and that she will be ineligible to hold a real estate salesperson’s license for two (2) years.  Diaz agreed to pay a fine of $10,000.

Mauricio Salinas, a licensed New Jersey Real estate salesperson, Union County – By Consent Order dated August 9, 2012 Salinas admitted that he failed to advise the Commission within 30 days of the filing of an information against him and his conviction for wire fraud, in violation of N.J.S.A. 45:15-17(s).  Moreover, pursuant to N.J.S.A. 45:15-19.1 the Commission was empowered to revoke his license based on the conviction involving wire fraud.  Salinas agreed to the revocation of his real estate salesperson’s license until January 2016 and to pay a fine of $1,000.

July

Wilfredo J. Castillo, formerly licensed New Jersey real estate salesperson, Atlantic County – By Final Order dated July 18, 2012 the Commission determined Castillo failed to reveal his arrest and conviction for shoplifting at the time he applied for licensure, in violation of N.J.S.A. 45:15-17(n) and (e) (conduct demonstrating incompetency) and the underlying conduct of his shoplifting conviction demonstrated unworthiness and dishonesty, in violation of N.J.S.A. 45:15-17(e). The Commission revoked Castillo’s right to licensure for one year and imposed a fine of $500.

Steven Centeno,  an unlicensed person, Cumberland County – By Final Order and Order Granting Licensure as a Real Estate Salesperson dated July 18, 2012, the Commission found that Centeno violated N.J.S.A. 45:15-17(e) (two counts) because the conduct underlying his criminal conviction and his provision of false information on his license application demonstrated incompetency.  The Commission also found that Centeno violated N.J.S.A. 45:15-17(n) in that he attempted to procure a real estate license by misrepresenting that he had never been convicted of a crime on his application for licensure.  The Commission determined that while Centeno failed to disclose a prior criminal conviction, Centeno had demonstrated sufficient rehabilitation since his 2006 conviction.  Therefore, pursuant to N.J.S.A. 45:15-9 and 45:15-12.1, the Commission granted Centeno a real estate salesperson license to be held on probation for one (1) year.  A fine of $500.00 was imposed.

Tami Trobiano, licensed New Jersey real estate salesperson, Bergen County - By Final Order dated July 18, 2012 the Commission determined that the conduct of Trobiano in the preparation of a sales contract demonstrated incompetency in violation of N.J.S.A. 45:15-17(e) as well as a negligent misrepresentation as to the waiver of commission in the contract, in violation of N.J.S.A. 45:15-17(a).  Trobiano was also found to be in violation of N.J.S.A. 45:15-17(q) for failing to disclose her status as a real estate salesperson in the contract of sale.  The Commission placed Trobiano’s real estate salesperson’s license on probation for one year, fined her $2,500, and ordered her to re-take and pass the real estate salesperson’s course.

Alquon Hodges, formerly licensed New Jersey real estate salesperson, Morris County – By Final Order dated July 25, 2012, the Commission determined that Hodges violated N.J.S.A. 45:15-17(n) for failure to reveal a prior criminal conviction for theft on his New Jersey real estate salesperson license application.  In addition, the Commission determined that his failure to reveal his criminal conviction and the conduct underlying the criminal conviction demonstrated unworthiness, bad faith and dishonesty, in violation of N.J.S.A. 45:15-17(e).  The Commission revoked the real estate salesperson’s license of Hodges for one year and fined him $500.

Gregory Meyer, formerly licensed New Jersey real estate salesperson, Morris County – By Final Order dated July 25, 2012, the Commission determined Meyer commingled money of his principals with his own funds and failed to deposit, and maintain in a special account all moneys he received acting in his capacity of real estate broker, escrow agent or custodian in a real estate transaction, in violation of  N.J.S.A. 45:15-17(o), (t) and N.J.A.C. 11:5-5.1(a) and (c).  Meyer also failed to account for and pay over the funds of others coming into his possession in a real estate transaction, in violation of N.J.S.A. 45:15-17(d) and (t).  The Commission determined that Meyer’s conduct demonstrated unworthiness, bad faith and dishonesty in violation of N.J.S.A. 45:15-17(e).  Meyer’s conduct of failing to maintain a trust ledger, failing to record required information on the trust account ledger checkbook stub and failing to maintain and reconcile records at least quarterly was a violation of N.J.A.C. 11:5-5.4(b)(1), (b)(2) and (b)(3).  In addition, these trust account violations by Meyer demonstrated his failure to protect and promote the interest of his principal, in further violation of N.J.A.C. 11:5-6.4(a).  Finally, Meyer engaged in real estate activity when he was not licensed to do so in violation of N.J.S.A. 45:15-1, 45:15-3 and 45:15-17(t) and his taking a listing in another’s name demonstrated unworthiness, bad faith and dishonesty, in violation of N.J.S.A. 45:15-17(e).  The Commission revoked Meyer’s eligibility for licensure as a real estate broker, broker-salesperson or salesperson for life and imposed a fine of $50,000.

June

Carl A. Day, licensed New Jersey real estate salesperson, Somerset County – By Consent Order dated June 5, 2012, Day admitted he failed to deal fairly with all parties in violation of N.J.A.C. 11:5-6.4(a) and N.J.S.A. 45:15-17(t).  Day agreed that his salesperson’s license would be suspended for six (6) months, that he would complete a 30 hour course on agency and ethics and he would pay a fine of $7,500.

Gale Schork, licensed New Jersey real estate broker, Sussex County – By Final Order dated June 7, 2012, the Commission determined that Schork failed to finalize a change of address with the Commission in violation of N.J.S.A. 45:15-13 and engaged in unlicensed activity in violation of N.J.S.A. 45:15-1 and 45:15-3 when the license of Leisure Realty was canceled due to Schork’s failure to report the change of address.  The Commission also found that Schork returned a security deposit to a tenant without the landlord’s authorization, in violation of N.J.A.C. 11:5-6.4(a).  Furthermore, the Commission determined that Schork took a listing and prepared a lease in the name of one owner of the property when in fact there were three owners and Schork failed to report the change of address to the Commission, which conduct demonstrated incompetency or unworthiness in violation of N.J.S.A. 45:15-17(e).  The Commission also determined that Schork’s failure to put rent or security deposit in an escrow account was a violation of N.J.A.C. 11:5-5.1.  The Commission imposed a $500 fine and required Schork to complete a 30 hour broker course on office management and escrow account procedures.

Maristane Silva, licensed New Jersey real estate salesperson, Middlesex County – By Final Order dated June 8, 2012, the Commission determined that Silva was in violation of N.J.S.A. 45:15-17(s) (two counts) for her failure to notify the Commission within 30 days of the filing of the information against her and her conviction for conspiracy to commit mail fraud.  The Commission determined that Silva’s real estate license was subject to revocation pursuant to N.J.S.A. 45:15-19.1 because the criminal conviction involved Silva’s activity as a real estate salesperson as well as criminal conspiracy to defraud.  The Commission revoked Silva’s salesperson’s license for life and imposed a fine in the amount of $2,000.

Carmen Morris, formerly licensed New Jersey real estate broker, Middlesex County – By Consent Order dated June 5, 2012, Morris admitted to commingling  the funds of her clients with her own and that she failed to maintain in a special account, all funds of others in real estate transactions in which her brokerage was acting in the capacity of a real estate broker or escrow agent, in violation of N.J.S.A. 45:15-17(o), N.J.A.C. 11:5-5.1(a) and (c) (five counts).  Morris admitted that her conduct demonstrated incompetence in violation of N.J.S.A. 45:15-17(e).  Morris also admitted that she violated N.J.S.A. 45:15-17(a) as she made negligent representations when she submitted an office closing affidavit to the Commission certifying that the escrow account had been closed and all monies therein disbursed.  Finally, Morris admitted that she failed to report an escrow account as required by N.J.A.C. 11:5-5.1(b).  Morris agreed that her broker license would be revoked for life; Morris is eligible to apply for a salesperson license after July 1, 2015 provided she completely re-qualifies for same; and Morris will pay a $5,000 fine.

Daniel M. Giusti, licensed New Jersey real estate salesperson, Burlington County – By Final Order dated June 7, 2012, the Commission determined that Giusti made a negligent representation on his application for licensure for failing to reveal a prior criminal offense and conviction, in violation of N.J.S.A. 45:15-17(n).  The Commission imposed a $500 fine.

Nichole Persons, licensed New Jersey real estate salesperson, Somerset County – By Final Order dated June 13, 2012 the Commission determined that Persons failed to notify the Commission within 30 days of her arrest and conviction for theft by deception in violation of N.J.S.A. 45:15-17(s) and Persons’ conduct demonstrated unworthiness, bad faith and dishonesty in violation of N.J.S.A. 45:15-17(c).  Moreover, pursuant to N.J.S.A. 45:15-19.1, Persons’ license was subject to revocation in that she had been convicted of a theft offense.  The Commission revoked Persons’ real estate salesperson’s license for five (5) years and imposed a $1,000 fine.

Barry Kantrowitz, licensed New Jersey real estate broker, Monmouth County –By Consent Order dated June 15, 2012, Kantrowitz admitted to pleading guilty to fraudulent concealment of assets from a United States bankruptcy trustee and this conduct demonstrates unworthiness, fraud and dishonest dealing by Kantrowitz in violation of N.J.S.A. 45: 15-17(e) and (l).  Pursuant to N.J.S.A. 45:15-19.1, the Commission was empowered to revoke Kantrowitz’s license due to his conviction of a fraud offense.  Kantrowitz agreed to the revocation of his broker license until February 2016 and his salesperson’s license revoked until the completion of probation by Kantrowitz or February 2014, whichever is longer.

Bonita McBride, formerly licensed New Jersey real estate instructor and broker of record of Dream Big Realty Corporation and Dream Big Realty Institute, formerly licensed real estate school, Atlantic County – By Consent Order dated June 26, 2012, McBride admitted that she and Dream Big Realty Institute conducted real estate pre-licensure courses from a location not licensed by the Commission, failed to submit data on course offerings and failed to establish and maintain complete, accurate and detailed student records, in violation of N.J.A.C. 11:5-2.2(f)(1), N.J.A.C.11:5-2.2 (j) and  (r).  In addition, McBride admitted to issuing New Jersey School Certificate to students who did not complete the necessary class time in violation of N.J.A.C. 11:5-2.2(t).  The conduct of McBride and Dream Big Realty Institute demonstrated unworthiness, bad faith and dishonesty as well as incompetency in violation N.J.S.A. 45:15-10.11(c) and falsely represented the attendance of persons in the pre-licensure course in violation of N.J.S.A. 45:15-10.11(h).  McBride agreed that her real estate instructor’s license be revoked for ten (10) years, her broker’s license be revoked for five (5) years, she would be ineligible to hold a salesperson license for one (1) year and to pay a fine of $2,500.

Mittal Patel, formerly licensed New Jersey real estate broker and licensed real estate instructor and Nagji Vira, licensed New Jersey real estate broker, Middlesex County – By Consent Order dated June 26, 2012, Patel admitted that he comingled money of his principals with his own and failed to maintain in special accounts all monies received by him and/or Payless Realty when acting as broker-salesperson or as an escrow agent, in violation of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c).  Patel admitted  that his conduct demonstrated his failure to protect  the interests of his principals in violation of N.J.A.C. 11:5-6.4(a) and demonstrated unworthiness, bad faith, dishonesty and dishonest dealing,  in violation of N.J.S.A. 45:15-10.11(c) and N.J.S.A. 45:15-17(e) and (l).  Patel agreed to the revocation of his real estate instructor’s license and broker’s license for life and that he shall be forever barred from applying for a real estate salesperson’s license.   Pattel also agreed to pay a fine of $20,000.

Mittal Patel, formerly licensed New Jersey real estate broker and licensed real estate instructor and Nagji Vira, licensed New Jersey real estate broker, Middlesex County – By Consent Order dated June 26, 2012, Vira admitted that he failed to maintain a special account, as broker of record of B&P Realty Services, separate and apart from personal and other operating accounts, all monies received by him and/or B&P Realty when acting as broker-salesperson or as escrow agent, in violation of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a)and (c).  Vira admitted that his failure to protect and promote the interests of his principals was a violation of N.J.A.C. 11:5-6.4(a) and demonstrated incompetency in violation of N.J.S.A. 45:15-17(e).  Vira admitted that he failed to supervise the activities of broker-salesperson Patel in violation of N.J.A.C. 11:5-4.4(a) and N.J.A.C. 11:5-4.2 and failed to maintain business records in violation of N.J.A.C. 11:5-5.4(b).  Vira agreed that his real estate broker’s license be revoked for ten (10) years, he is ineligible to apply for a real estate salesperson’s license for a period of five (5) years and he will pay a $10,000 fine.

May

Leona Beldini, licensed New Jersey real estate broker, Hudson County – By Consent Order dated May 1, 2012, Beldini admitted she was found guilty of acceptance of things of value to influence and reward and sentenced to a prison term.  Beldini agreed that pursuant to N.J.S.A. 45:15-19.1 Beldini’s real estate broker’s license was subject to revocation in that she had been convicted of bribery, which is a like offense to a theft offense.  Beldini agreed to surrender her broker license for five (5) years and that during that period she would not be eligible to obtain a real estate salesperson license.

Regina Queli, licensed New Jersey real estate salesperson, Ocean County – By Consent Order dated May 2, 2012, Queli admitted to having been indicted on a like offense to criminal conspiracy to defraud and pursuant to N.J.S.A. 45:15-19.2, Queli’s license shall be held on a probationary basis concurrent with the term of her Pre-Trial Intervention program.

Rita Henderson, formerly licensed New Jersey real estate salesperson, Burlington County – By Final Order dated May 7, 2012, the Commission determined that Henderson’s conduct did not demonstrate unworthiness, bad faith or dishonesty nor did it demonstrate lack of good moral character, honesty, integrity and trustworthiness. Consequently, Henderson did not violate N.J.S.A. 45:15-17(e) or N.J.S.A. 45:15-9.  The Commission found that Henderson was accepted into the Pre-Trial Intervention (“PTI”) program for a period of 36 months for the criminal charges of Fraudulent use of Credit Card and Theft by Deception, but she did not admit to committing those crimes.  However, since Henderson was currently in the PTI program the Commission ordered that her license shall be held on a probationary basis for as long as she remains in the PTI program and successfully completes it. 

Joseph Pisano, licensed New Jersey real estate salesperson, Essex County – By Final Order of Determination dated May 17, 2012, the Commission determined that Pisano failed to disclose a criminal conviction in his application for licensure which failure constituted a negligent misrepresentation in violation of N.J.S.A. 45:15-17(a).  Further, his failure to reveal his conviction of crimes, knowledge of which the Commission did not have at the time of last issuing a real estate license to Pisano resulted in a violation of N.J.S.A. 45:15-17(h) and Pisano’s failure to disclose prior convictions in his application for licensure and the underlying acts of a 2008 conviction demonstrated incompetency in violation of N.J.S.A. 45:15-17(e). The Commission imposed a $500 fine.

April

Willie Baker III, licensed New Jersey real estate salesperson, Essex County – By Order dated April 3, 2012 the Commission, upon a Motion for Temporary Suspension pursuant to N.J.A.C. 11:5-11.9, suspended the real estate salesperson’s license of Baker, pending further order of the Commission.

Salvatore Balsamo, formerly licensed New Jersey real estate salesperson, Union County – By Consent Order dated April 4, 2012, Balsamo admitted to having been charged with and plead guilty to possession of a CDS, possession with intent to distribute and possession with intent to distribute within 1000 feet of a school but failed to notify the Commission of said charges and conviction within 30 days in violation of N.J.S.A. 45:15-17(s).  The conduct underlying his criminal conviction demonstrated Balsamo’s unworthiness and incompetency in violation of N.J.S.A. 45:15-17(e).  Balsamo agreed to the six (6) month revocation of his right to licensure, and to pay a $1,000 fine.

March

Michael J. Curran, formerly licensed New Jersey real estate salesperson, Morris County – By Final Order dated March 7, 2012, the Commission determined that Curran made a substantial misrepresentation by preparing a contract of sale naming himself as the seller of a client’s property when he had not yet taken title to the property in violation of N.J.S.A. 45:15-17(a) and his further failure to include a sale contingency in the contract demonstrated incompetence, in violation of  N.J.S.A. 45:15-17(e).   The Commission determined that  Curran failed to deal fairly with all parties and placed his own interest above that of his client in violation of N.J.A.C. 11:5-6.4(a) and N.J.S.A. 45:15-17(t) and demonstrated bad faith, dishonesty and unworthiness in violation of N.J.S.A. 45:15-17(e) by proposing an illegal double sale of his client’s property, sharing the profits from the sale outside of the mortgages due and advising his client to execute trust documents placing ownership of the property with parties unknown to client.   The Commission also determined that Curran’s failure to present all written offers to his client was also a violation of N.J.S.A. 45:15-17(t) and N.J.A.C. 11:5-6.4(g).  The Commission revoked Curran’s real estate salesperson’s license for life and imposed a fine in the amount of $27,500.

Mary Beth Matakevich, a licensed New Jersey real estate salesperson, Ocean County – By Final Order dated March 9, 2012, the Commission determined that Matakevich failed to notify the Commission within thirty days of the filing of criminal charges against her and her conviction for shoplifting in violation of N.J.S.A. 45:15-17(s).  The Commission further determined that her conviction and conduct demonstrated unworthiness in violation of N.J.S.A. 45:15-17(e).  The Commission suspended Matakevich’s right to licensure until the end of the license term and imposed a fine of $1,000.

Saul Sanchez, licensed New Jersey real estate broker, Union County – By Final Order dated March 12, 2012, the Commission determined that Sanchez, broker of record of Ocean Developers LLC d/b/a ReMax Professionals, comingled funds of principals with his own money and failed to maintain separate accounts in violation of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c).   The Commission also determined that Sanchez misrepresented to buyers that their deposit monies would be held in escrow and his failure to deposit those monies in an escrow account violated the licensees duty to protect and promote the interests of their principals, fraud and dishonest dealing and demonstrates bad faith, dishonesty and unworthiness for licensure in violation of N.J.A.C 11:5-6.4(a) and N.J.S.A. 45:15-17(a), (e) and (l).  The Commission also found that Sanchez’s failure to properly prepare documentation during the course of a transaction demonstrated incompetency in violation of N.J.S.A. 45:15-17(e).  The Commission revoked the real estate broker’s license of Sanchez for two (2) years and determined him to be ineligible for a real estate person’s license for a period of six (6) months.  The Commission imposed a $5,000 fine.

Karevin Barnes, a licensed New Jersey real estate salesperson, Essex County – By Final Order dated March 12, 2012, the Commission determined that Barnes’ failure to notify the Commission of his arrest and filing of criminal charges against him within 30 days, his failure to cooperate with the Commission’s investigation of the matter and his conviction of criminal charges were in violation of N.J.S.A. 45: 15-17 (s) and (e).   A fine in the amount of $2,500 was imposed.

Elizabeth LaBruna,  a licensed New Jersey real estate broker,  By Consent Order dated March 20, 2012, LaBruna admitted  that she was convicted on one count of Mail Fraud involving  her participation in a scheme to sell residential properties to unqualified buyers who obtained fraudulent mortgages.  The Commission revoked LaBruna’s license as a real estate broker for five (5) years pursuant to N.J.S.A. 45:15-19.1.

James Reilly, licensed New Jersey real estate broker, Camden County – By Final Order dated March 22, 2012, the Commission dismissed all charges against Reilly and found that Reilly’s converted shed qualifies as an appropriate office for the conduct of real estate business and was approved as a home office under the Commission’s rules.

February

Eugene T. Richards, formerly licensed New Jersey real estate salesperson, Camden County – By Consent Order dated February 7, 2012, Richards admitted to providing false information to his employing broker for the renewal of his real estate license in violation of N.J.S.A. 45:15-17(n).  Richards also admitted that his misrepresentation to his employing broker and his conduct which lead to the revocation of his Pennsylvania broker’s license demonstrate unworthiness, bad faith and dishonesty in violation of N.J.S.A. 45:15-17(e).  Richards agreed that his real estate salesperson’s license shall be revoked for five (5) years and to pay a fine of $5,000.

Paul Hagdorn, licensed New Jersey real estate broker salesperson and Annette Rubin, licensed New Jersey real estate broker, Hudson County – By Consent Order dated February 7, 2012, Rubin admitted she failed to file an office closing affidavit for Hagdorn Holding Company when it ceased doing business and failed to reconcile the accounts of Hagdorn Holding Company prior to filing a Change of Broker of Record affidavit in violation of N.J.A.C. 11:5-3.9(c) and N.J.S.A. 45:15-17(e), respectively.  Rubin agreed to pay a fine in the amount of $1,000 and to complete the 30 hour course on office management which is part of the broker pre-licensure education course.

Yehuda S. Dachs, licensed New Jersey real estate salesperson, Monmouth County – By Final Order dated February 8, 2012, the Commission determined that Dachs, also licensed insurance producer at the time, admitted that he violated the Insurance Fraud Prevention Act by submitting a claim for damage to his vehicle and failed to disclose that the damage occurred prior to his purchase of the insurance policy effective date, which conduct demonstrates unworthiness, dishonesty, fraud and dishonest dealing in violation of N.J.S.A. 45:15-17(e) and (l).  The Commission determined that Dachs’ real estate salesperson’s license was to be revoked for five (5) years. 

Charles Zollner, formerly licensed New Jersey real estate salesperson, Burlington County – By Final Order dated February 15, 2012, the Commission determined that Zollner on three separate transactions, failed to account for or to pay over monies in his possession as a real estate licensee as well as three counts of commingling the money of his principals with his own money, in violation of N.J.S.A. 45:15-17(d) and (o) and N.J.A.C. 11:5-5.1(c).  The Commission also determined that Zollner failed to promote and protect the interests of his principals, engaged in fraud and dishonest dealing and demonstrated unworthiness, bad faith and dishonesty in violation of N.J.A.C. 11:5-6.4(a) and N.J.S.A. 45:15-17(l) and (e).  The Commission further determined that since two of the aforementioned transactions occurred during the suspension of Zollner’s license, Zollner engaged in unlicensed activity in violation of N.J.S.A. 45:15-1.  The Commission revoked Zollner’s real estate license for life and imposed a fine of $45,000.00.

January

Hugh John Howard, formerly licensed salesperson, Mercer County – By Final Order dated January 13, 2012, the Commission found that Howard failed to notify the Commission within 30 days of the filing of formal criminal charges against him, and failed to notify the Commission of his criminal conviction for endangering the welfare of a minor, in violation of N.J.S.A. 45:15-17(s).  The Commission determined that the conduct for which Howard was convicted demonstrates unworthiness for licensure as a real estate salesperson, in violation of N.J.S.A. 45:15-17(e) and (t).  The Commission revoked Howard’s real estate salesperson’s license for five (5) years, and imposed a fine of $500.

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 2011


December

Philip Chenekan, licensed broker, and Varmo Homes Realty, LLC, licensed broker, Essex County – By final order dated December 6, 2011, the Commission found that the home office of Chenekan and Varmo Homes Realty, LLC had no exterior display of a sign indicating the regular business name of the brokerage and identifying it as a licensed real estate broker in violation of N.J.S.A. 45:15-12 and N.J.A.C. 11:5-6.1(a); and the home office did not have a separate entrance plainly visible from the street upon which the premises had frontage in violation of N.J.A.C. 11:5-4.4(b).  The Commission further found that Chenekan and Varmo Homes Realty, LLC failed to account for or pay over the funds of others in violation of N.J.S.A. 45:15-17(d); misappropriated, commingled and failed to maintain real estate deposits in a special account in violation of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c); engaged in conduct demonstrating unworthiness, bad faith 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); failed to protect and promote the interests of their principals in violation of N.J.A.C. 11:5-6.4(a); failed to record the required information on their trust account checkbook stub and failed to maintain a ledger of all deposits and disbursements of the monies of others in violation of N.J.A.C. 11:5-5.4(b)(1) and (2); and failed to make at least a quarterly reconciliation between the checkbook balance, bank statement balance and trust account ledger in violation of N.J.A.C. 11:5-5.4(b)(3).  The Commission revoked Chenekan’s and Varmo Homes Realty, LLC’s licenses for life and imposed a $20,000 fine.

Henry A. Setaro, licensed broker, Somerset County – By final order dated December 14, 2011, the Commission found that Setaro violated N.J.A.C. 11:5-4.4(b) and N.J.S.A. 45:15-17(t) because he did not properly maintain his home office by ensuring that the office was independent of living quarters with a separate entrance plainly visible from the street which the premises has frontage.  The Commission also found that he violated N.J.S.A. 45:15-17(n) because his negligent misrepresentation on his application constitutes a substantial misrepresentation.  The Commission found that such conduct demonstrates incompetence in violation of N.J.S.A. 45:15-17(e).  The Commission imposed a $1,500 fine and directed Setaro to bring his office into compliance or find other means of operating his business.

Richard Ranalli, formerly licensed broker-salesperson, Cape May County – By final order dated December 15, 2011, the Commission found that Ranalli failed to maintain escrow moneys in a special account, separate and apart from personal or other business accounts in violation of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c); made a substantial misrepresentation when he certified in an office closing affidavit filed with the Commission that all brokerage escrow funds had been property disbursed in violation of N.J.S.A. 45:15-17(a); demonstrated unworthiness, bad faith and dishonesty in his conduct related to a rental and his management of his brokerage and general rental account; failed to protect and promote the interests of his principals through his actions in a rental and his management of the funds of others in violation of N.J.A.C. 11:5-6.4(a); failed to make reconciliation of the rental account checkbook balance and client trust ledger balance in violation of N.J.A.C. 11:5-5.4(b)(3); and as broker of record failed to properly supervise the activities conducted in the brokerage office in 2007 in violation of N.J.A.C. 11:5-4.2(a)(1) and (3).  The Commission revoked Ranalli’s license for life and imposed a fine of $20,000.

Louis Shaw, an unlicensed person, and Accent Design and Management Services LLC aka ADMS, an unlicensed entity, Ocean County – By Consent Order dated December 15, 2011, the Commission approved a Consent Order wherein Shaw and ADMS admitted that they engaged in unlicensed real estate brokerage activity in violation of N.J.S.A. 45:15-1 and 3 and N.J.S.A. 45:15-17(t).  Shaw and ADMS agreed to cease and desist from engaging in unlicensed brokerage activity, and agreed to pay a $4,000 fine.

October

Jeffrey Lucas, licensed salesperson, and Lucas & Company, an unlicensed entity, Burlington County – By final order dated October 3, 2011, the Commission found Lucas and Lucas & Company guilty of engaging in unlicensed activity, in violation of N.J.S.A. 45:15-1 and 3 and a violation of N.J.A.C. 11:5-6.1 related to advertising.  Lucas’ salesperson’s license was placed on probation for one year and Lucas and Lucas & Company are disqualified from obtaining a real estate broker’s and/or broker-salesperson’s license for a period of ten years.  A $50,000 fine was imposed.

Leoncio Vazquez, formerly licensed salesperson, Mercer County – By final order dated October 17, 2011, the Commission ordered Vazquez to pay a $1,000 fine and revoked his license for one year and one day (July 1, 2010 through July 1, 2011).  Vazquez was found guilty of a violation of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1 in that he failed to turn over a rental payment and security deposit to his broker; N.J.S.A. 45:15-17(e) incompetence; and N.J.A.C. 11:5-6.4 in that he failed to promote and protect the interest of his clients.

Elwood Denz, formerly licensed salesperson, Burlington County – On October 18, 2011, the Commission approved a consent order whereby Denz agreed to have his license revoked until July 26, 2012, pursuant to N.J.A.C. 45:15-12.1.

September

Robert Lederhilger, formerly licensed salesperson, Bergen County – On September 13, 2011, the Commission approved a consent order whereby Lederhilger admitted a violation of N.J.S.A. 45:15-17(s) for failing to notify the Commission within thirty days of his arrest and the filing of criminal charges against him; N.J.S.A. 45:15-17(e) because such conduct demonstrates unworthiness, bad faith and dishonesty; and N.J.S.A. 45:15-17(l) fraud and dishonest dealing.  He agreed to pay a $500 fine and to a 5 year license revocation.

Abel Garrido, licensed broker, and Seller’s and Buyers Realty, LLC, licensed broker, Hudson County – By final order dated September 16, 2011, the Commission found Garrido and Seller’s and Buyers Realty, LLC guilty of two violations of N.J.S.A. 45:15-17(o) in that they failed to deposit and maintain the funds of others coming into their possession as escrow agents.  The Commission also found Garrido guilty of two violations of N.J.S.A. 45:15-17(e) unworthiness, bad faith and dishonesty; two violations of N.J.A.C. 11:5-6.4(a) in that he failed to protect or promote the interest of his client; two counts of N.J.S.A. 45:15-17(d) and (t) in that Garrido failed to pay over monies coming into his possession as a licensee; N.J.A.C. 11:5-5.1(c) in that Garrido did not deposit escrow funds within five business days and two counts of N.J.S.A. 45:15-17(e) bad faith and dishonesty.  Garrido’s real estate broker’s license was revoked for life and he is barred from holding a salesperson’s license.  A $25,000 fine was imposed.

August

Benjamin Bentley Worbucks, licensed broker, and Worbucks Corporation, licensed broker, Bergen County – By final order dated August 11, 2011, the Commission revoked the real estate broker’s licenses of Worbucks and Worbucks Corporation for life and ordered a $100,000 fine. They were also ordered to pay restitution to all parties who can submit proofs regarding the failure of returning of real estate monies and deposits.  They were found guilty of a violation of N.J.S.A. 45:15-17(o) and 45:15-17(t) 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 as escrow agent or the temporary custodian of the funds of others in a real estate transaction; N.J.S.A. 45:15-17(d) and 45:15-17(t) in that they failed to account for or pay over the funds of others coming into their possession as escrow agents or the temporary custodian of the funds of others in real estate transactions; 45:15-17(e) in that the above stated events demonstrate unworthiness, incompetency, bad faith or dishonesty; N.J.A.C. 11:5-4.1 in that they failed to obtain written employment agreements with licensees employed by them which contained all of the terms and information required by that rule; N.J.A.C. 11:5-5.4(b)(1) in that they failed to record the information required by that rule on the trust account checkbook stub and ledger for all deposits and disbursements of monies of others received by them; 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 reconcile and maintain records confirming at least a quarterly reconciliation; N.J.A.C. 11:5-6.4(a) in that by the above described actions, they failed to protect and promote the interests of their principals; N.J.S.A. 45:15-17(e) in that they failed to submit the license applications of three individuals in a timely manner; and N.J.A.C. 11:5-6.1 in that the Worbucks Corporation advertised under a different name than the name in which it was licensed.

Joseph Danza, licensed broker, and Bonanza Realty, LLC, Hudson County – By final order dated August 11, 2011, the Commission revoked the broker’s licenses of Danza and Bonanza Realty and ordered a fine of $2,000.  If Danza and/or Bonanza Realty seek reinstatement of their licenses, they must pay a licensing fee of $120 as well as paying the fine.  If they do not seek reinstatement of their licenses, they are ordered to file an office closing affidavit.  Danza and Bonanza issued a bad e-check in payment of a license renewal fee, which demonstrated unworthiness, in violation of N.J.S.A. 45:15-17(e), through this conduct, they obtained a real estate license through fraud and misrepresentation, in violation of N.J.S.A. 45:15-17(n).  They also were found to have failed to respond to a Commission investigation, which demonstrated unworthiness, in violation of N.J.S.A. 45:15-17(e).

Byron G. Murrill, licensed salesperson, and Robert Latigona, licensed broker-salesperson, Camden County – By consent order dated August 25, 2011, Murrill admitted that he prepared a contract of sale naming a seller of a property when that seller had not yet taken title to the property, and he failed to include a contingency in the contract regarding closing of title on the first transaction in violation of N.J.S.A. 45:15-17(e) (incompetency) and (t), and N.J.A.C. 11:5-6.4(a) (two counts).   Murrill agreed to the six (6) month suspension of his salesperson license, and that any license issued thereafter be held on a probationary period for six (6) months.  Murrill also agreed to complete the 30-hour course on agency and ethics and to pay a fine of $7,500.  Latigona admitted that he failed to property supervise the actions of Murrill in violation of N.J.S.A. 45:15-17(e) (incompetency).  Latigona agreed to the three (3) month suspension of his broker license, to complete the 30 hour course on agency and ethics and to pay a fine of $2,500. 

July

Jeffrey Kole, licensed broker, Somerset County – On July 26, 2011, the Commission approved a consent order whereby Kole admitted a violation of N.J.A.C. 11:5-4.4(b) in that his home office was not independent of the living quarters and did not have a separate exterior entrance plainly visible from the street.  He agreed to a $500 fine.

June

Thomas Crivello, licensed broker, Somerset County – On June 7, 2011, the Commission approved a consent order whereby Crivello, broker of record of ERA Statewide Realty, admitted to a violation of N.J.A.C. 11:5-4.5, as there was no qualified broker-salesperson at the Delran branch office of ERA Statewide Realty, from at least 2005 to April 2010 supervising the office activities on a full time basis, and a violation of N.J.S.A. 45:15-17(e) (unworthiness) in that Crivello submitted an application for a branch office listing an individual as a branch office supervisor and then allowed a salesperson to supervise the office.  His broker’s license was suspended until March 7, 2012, at which time he will be eligible for a salesperson’s license and he shall complete the 150 hour broker pre-licensure course prior to the reinstatement of his broker’s license.  He also agreed to a $5,000 fine.

Norma L. Silva, licensed salesperson, Middlesex County – On June 21, 2011, the Commission approved a consent order whereby Silva agreed to two violations of N.J.S.A. 45:15-17(s) for failing to notify the Commission within thirty days of the filing of an Information against her and a conviction, and a violation of N.J.S.A. 45:15-19.1.  Her license was revoked for a period of twenty years and a $1000 fine was assessed.

Mara L. Snyder, licensed salesperson, Middlesex County – On June 21, 2011, the Commission approved a consent order whereby Snyder agreed to two violations of N.J.S.A. 45:15-17(s) for failing to notify the Commission within thirty days of the filing of an Information against her and a conviction, and a violation of N.J.S.A. 45:15-19.1.  Her license was revoked for a period of twenty years and a $1000 fine was assessed.

Joseph Dimino, licensed salesperson, Bergen County – On June 21, 2011, the Commission approved a consent order whereby Dimino agreed to a violation of N.J.S.A. 45:15-19.1 and N.J.S.A. 45:15-17(e) as a result of a theft conviction.  He agreed to a five year revocation of licensure. 

Susan Engle, licensed broker, and Jersey Shore Associates, LLC, licensed broker d/b/a Keller Williams Jersey Shore, Ocean County – By final order dated June 29, 2011, the Commission revoked Engle’s real estate broker’s license for life and imposed a fine of $20,000.  She will be eligible for licensure as a salesperson after a period of three years and must fully re-qualify.  She was found guilty of violations of N.J.S.A. 45:15-17(d) for failing to pay over funds of others; two violations of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c) commingling; three counts of N.J.S.A. 45:15-17(e) unworthiness, bad faith and dishonesty; two counts violations of N.J.A.C. 11:5-6.4(a) for failing to protect and promote the interests of their principals; three counts of N.J.A.C. 11:5-5.1(b) for failing to report a change in an escrow account; ten violations of N.J.A.C. 11:5-4.1(a) for having employment agreements which failed to contain a promise to pay commissions within ten days; N.J.A.C. 11:5-5.4(b)(1) for failing to record information required by that rule on the trust account checkbook stub and ledger; N.J.A.C. 11:5.4(b)(2) for failing to maintain a ledger; N.J.A.C. 11:5-5.4(b)(2) for failing to maintain a trust account ledger; N.J.A.C. 11:5-5.4(b)(3) for failing to confirm that at least a quarterly reconciliation had been made; and N.J.A.C. 11:5-5.4(e) and 11:5-5.5  for failing to maintain records in the agency office and to produce those records for inspection.

Robert Simon, formerly licensed salesperson, Gloucester County – By final order dated July 6, 2011, the Commission imposed a 10,000 fine and revoked Simon’s license for seven years.  Simon was found guilty of N.J.S.A. 45:15-17(c) misrepresentation, N.J.S.A. 45:15-17(e) and N.J.A.C. 11:5-6.2(a)(5); unworthiness, bad faith or dishonesty; N.J.S.A. 45:15-17(a) substantial misrepresentation; and N.J.A.C. 11: 5-6.4 and N.J.S.A. 45:15-17(l) failure to promote and protect his client’s interest and dishonest dealing, for his handling of a real estate transaction.

May

Joseph Falciani, licensed salesperson, Cumberland County – On May 24, 2011, the Commission approved a consent order wherein Falciani admitted to two violations of N.J.S.A. 45:15-17(s) for failing to notify the Commission within thirty days of the filing of criminal charges against him.  He agreed to pay a $1,000 fine and a 6 month license suspension followed by a 6 month probationary period.

April

Tahir Siddiqui, unlicensed person, Middlesex County – On April 26, 2011, the Commission approved a consent order wherein Siddiqui admitted to a violation of N.J.A.C. 11:5-3.4(a)(2); he took notes on an unauthorized scrap paper during the administration of the salesperson’s pre-licensure education examination.  He is ineligible to take the examination for one year effective July 1, 2010 through July 1, 2011 and must complete the requisite education course again before he can challenge the examination again.

March

Justin C. Pandelo, formerly licensed broker-salesperson, Middlesex County – On March 7, 2011, the Commission approved a Consent Order, wherein Pandelo admits to violating N.J.S.A. 45:15-17(e) in that he failed to comply with a prior Consent Order, which conduct demonstrates unworthiness. Pandelo agreed to pay a fine of $300 and shall be ineligible for a broker's license until March 1, 2012 and will have to fully re-qualify for same, including completing any education and examination requirements then in effect.

Michelina Saverino, licensed salesperson, Bergen County – On March 29, 2011, the Commission approved a Consent Order, wherein Saverino admits that her conduct in failing to notify the Commission within thirty days of the filing of criminal charges against her is in violation of N.J.S.A. 45:15-17(s). Saverino agreed to pay a fine of $500 and to have her license held on probation for two years.

February

Peter Petridis, licensed salesperson, and Margaret Steadman formerly known as Margaret Schwabe, licensed broker-salesperson, Atlantic County – By Final Order dated February 1, 2011, the Commission suspended Petridis’s salesperson license for two (2) months, required Petridis to complete the 30-hour course on broker’s ethics, agency law and relationships and imposed a $5,000 fine against Petridis.  Upon reinstatement of Petridis’s license, it will be held on a probationary basis for one (1) year.  The Commission also suspended Steadman’s broker-salesperson license for four (4) months, required Steadman to complete the 30-hour course on broker’s ethics, agency law and relationships and imposed a $5,000 fine against Steadman.  Upon the downgrading of Steadman’s license to a salesperson, any license held by Steadman will be held on a probationary basis for one (1) year.  The Commission determined that Petridis made a substantial misrepresentation in violation of N.J.S.A. 45:15-17(a), in that he prepared the contract of sale with a third-party as the seller for a property and failed to designate the third-party as an equitable owner of the property when he knew that the third-party had not yet taken title to the premises; Petridis’s failure to identify the third-party as an equitable owner in the contract of sale demonstrates incompetency, in violation of N.J.S.A. 45:15-17(e); Petridis failed to deal fairly with all parties by placing his own interest above that of his principal and by failing to strictly comply with the principles governing fiduciary relationships, in violation of N.J.A.C. 11:5-6.4(a) and N.J.S.A. 45:15-17(t); Petridis’s and Steadman’s respective failures to inform their principals of the interest of a third-party to purchase property from the principals demonstrates incompetence, in violation of N.J.S.A. 45:15-17(e); Petridis and Steadman failed to obtain separate written informed consents to disclose dual agency, in violation of N.J.A.C. 11:5-6.9(b) and N.J.S.A. 45:15-17(t) (3 counts); and Steadman as the branch office manager failed to properly supervise the actions of Petridis, in violation of N.J.A.C. 11:5-4.5 (2 counts).

Neil Plaxsun, licensed broker, and Neil Plaxsun Associates, Inc., licensed broker, Bergen County – On February 8, 2011, the Commission approved a Consent Order, wherein Plaxsun and Neil Plaxsun Associates, Inc. admitted that they did not maintain an office open to the public, with the appropriate signage as required by the Commission’s regulations, in violation of N.J.S.A. 45:15-12; that Plaxsun made a substantial misrepresentation to the New Jersey Real Estate Commission on his application for a change of address when Plaxsun stated that the office location was in compliance with the Commission’s regulations, in violation of N.J.S.A. 45:15-17(a); that Plaxsun was unable to produce business records immediately for inspection by a Commission investigator, in violation of N.J.A.C. 11:5-5.4(e); and that the home office does not meet the requirements as set forth under N.J.A.C. 11:5-4.4(b). Plaxsun and Neil Plaxsun Associates, Inc. agreed to the revocation of their licenses for one (1) year and to pay a fine of $4,000.

January

Gary Prichard, Jr., formerly licensed salesperson, Monmouth County – By Final Order dated January 24, 2011, the Commission determined that Prichard failed to notify his broker that he entered into lease transactions as a property manager and represented that he would be collecting future rents instead of directing those funds to his broker or the property owner, thus demonstrating incompetence in violation of N.J.S.A. 45:15-17(e) (two counts); and failed to indicate his business relationship to the seller in a listing agreement, in violation of N.J.A.C. 11:5-6.9. The Commission imposed a fine of $2,000 and revoked Prichard’s license for six (6) months.

Michael Ricciardi, formerly licensed salesperson, Morris County – By Final Order dated January 10, 2011, the Commission determined that pursuant to N.J.S.A. 45:15-19.1, Ricciardi’s license is subject to revocation because he has been convicted of a theft offense; that Ricciardi failed to notify the Commission within 30 days of the filing of formal criminal charges against him, and failed to notify the Commission of his criminal conviction in violation of N.J.S.A. 45:15-17(s) (three counts); and Ricciardi’s conviction on theft charges demonstrates that he engaged in conduct demonstrating unworthiness, bad faith and dishonesty, in violation of N.J.S.A. 45:15-17(e). The Commission revoked Ricciardi’s salesperson license for five (5) years from the date of his criminal conviction, and imposed fines totaling $2,500.

Howard Hughes Gange, licensed broker, Ocean County – By Final Order dated January 7, 2011, the Commission determined that Gange made a substantial misrepresentation when he certified on his license application that the home office complied with the Commission’s rules by having a separate entrance that fronts the street, when it did not, in violation of N.J.S.A. 45:15-17(a); that Gange’s conduct demonstrates incompetence because the substantial misrepresentation was negligently made, in violation of N.J.S.A. 45:15-17(e); and that Gange’s home office was not independent of the living quarters and did not have a separate exterior entrance plainly visible from the street, in violation of N.J.A.C. 11:5-4.4(b). The Commission imposed a fine of $2,250 and ordered Gange to either file an office closing affidavit, relocate his office to comply with the Commission’s rules, or to change his licensure status from broker to broker-salesperson within 30 days.

Ann Doran, licensed broker, Monmouth County – On January 25, 2011, the Commission approved a Consent Order, wherein Doran admitted that she did not properly protect and promote the interest of one of the sellers (her client) in a transaction by not notifying the seller about a purported contract of sale that was entered into by another seller (also her client), in violation of N.J.A.C. 11:5-6.4 (fiduciary duty).  Doran agreed to pay a fine of $2,500 and to complete within six (6) months the 30-hour broker pre-licensure course on broker ethics and agency law and relationships.

top
 2010


December


Gary S. Klein, licensed salesperson, Monmouth County – By Final Order dated December 16, 2010, the Commission determined that Klein’s license should not be suspended pursuant to N.J.S.A. 45:15-19.2. Klein’s criminal indictment for one count of theft by deception makes him eligible for suspension of his license or right to licensure until the full criminal disposition of the criminal matter. The Commission’s power to suspend is discretionary, and the Commission did not believe such action was warranted.

Roger J. Campbell, licensed broker-salesperson, Morris County – On December 15, 2010, the Commission approved a Consent Order, wherein Campbell admitted that as broker of record he failed to properly supervise the activities conducted in the office of ReMax Alliance Realty, including the activities of a formerly licensed person, in violation of N.J.A.C. 11:5-4.2(a)(1); and that he failed to file an office closing affidavit within thirty days of ceasing operations, in violation of N.J.A.C. 11:5-3.9. Campbell agreed to pay a fine in the amount of $1,500 and to the revocation of his broker’s license for two (2) years. Campbell is eligible to apply for a license as a salesperson after one (1) year.

Harry D. Stewart, Jr., formerly licensed broker-salesperson, Gloucester County – On December 21, 2010, the Commission approved a Consent Order wherein Stewart, Jr. admitted that he was functioning as the employing broker of another respondent, Nicholas Azeglio, and thus he was responsible for the actions of Azeglio pursuant to N.J.A.C. 11:5-4.2.  Stewart, Jr. agreed that he shall never apply for any real estate license in the State of New Jersey in the future.  In a Final Order dated August 16, 2010, the Commission found that Azeglio engaged in conduct demonstrating unworthiness, incompetency, bad faith and dishonesty in violation of N.J.S.A. 45:15-17(e); unfair dealing in violation of N.J.A.C. 11:5-6.4(a); and fraud and dishonest dealing in violation of N.J.S.A. 45:15-17(l) relating to the failure of Azeglio to disclose the possible existence of an underground fuel oil tank in connection with a residential real estate transaction.

Linda Berry, licensed salesperson, Warren County – By Final Order dated December 21, 2010, the Commission determined that Berry engaged in unlicensed activity by acting on her own behalf, instead of under the authority of the real estate broker with whom she was licensed at the time, in violation of N.J.S.A. 45:15-1, 45:15-3, and 45:15-17(t); commingled the funds of others in a real estate transaction with her own and failed to turn over those funds to her broker to be held in a special account as escrow agent or temporary custodian of the funds, in violation of N.J.S.A. 45:15-17(o), and N.J.A.C. 11:5-5.1(a) and (c); failed to turn over deposit monies that she received in her capacity as escrow agent to her broker for deposit into an escrow account, in violation of N.J.S.A. 45:15-12.8 and N.J.S.A. 45:15-17(t); and demonstrated incompetency in the sale of a mobile home, in violation of N.J.S.A. 45:15-17(e) (two counts) and N.J.A.C. 11:5-6.4(l). The Commission ordered Berry to pay a fine of $2,000 and revoked her salesperson license for three (3) years.

November


Ronald Klim, formerly licensed broker, Ocean County – By Final Order dated November 19, 2010, the Commission determined that Klim did not properly maintain his home office by ensuring that the office is independent of living quarters with a separate entrance plainly visible from the street, in violation of N.J.A.C. 11:5-4.4(b) and N.J.S.A. 45:15-17(t); that such conduct demonstrates incompetency, in violation of N.J.S.A. 45:15-17(e); and that Klim’s negligent misrepresentation on his application constitutes a substantial misrepresentation, in violation of N.J.S.A. 45:15-17(a).  The Commission imposed a fine of $2,500.

Charles W. Zollner, formerly licensed salesperson, Burlington County – By Final Order dated November 18, 2010, the Commission determined that Zollner failed to account for, misappropriated, and failed to pay over monies totaling $18,000 belonging to two real estate buyers, in violation of N.J.S.A. 45:15-17(d); that Zollner commingled $18,000 in real estate deposit monies given to him by his principals with his own funds, in violation of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(c); that such conduct failed to protect and promote the interests of Zollner’s principal, in violation of N.J.A.C. 11:5-6.4(a); and that such conduct constitutes fraud or dishonest dealing, in violation of N.J.S.A. 45:15-17(l).  The Commission imposed a fine of $10,000 and revoked Zollner’s real estate salesperson’s license for ten (10) years.

Nancy U. Pavic, licensed broker-salesperson, and Jose Cordova, licensed broker, Passaic County – By Final Order dated November 16, 2010, the Commission determined that Pavic and Cordova violated N.J.S.A. 45:15-17(f) by failing to specify a termination date in a listing agreement; that Cordova violated N.J.S.A. 45:15-17(e) (conduct demonstrating incompetency), by directing or allowing Pavic to list the subject property without the consent of the owners; and that Cordova violated N.J.S.A. 45:15-17(e) (conduct demonstrating incompetency) and (t) and N.J.A.C. 11:5-4.2, by failing to supervise the activities of Pavic in her handling of this transaction.  The Commission ordered Pavic to pay a fine of $1,000 and Cordova to pay a fine of $4,000.

Farid Mkalech, licensed salesperson, Morris County – On November 9, 2010, the Commission approved a Consent Order wherein Mkalech admitted that he violated the following provisions: N.J.S.A. 45:15-17(d) in that he failed to account for or to pay over monies belonging to others coming into his possession as a real estate license; N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(c) in that he commingled the money of his principals with his own; N.J.S.A. 45:15-17(e) in that such events demonstrate unworthiness and dishonesty; N.J.A.C. 11:5-6.4(a) in that he failed to protect and promote the interests of his principal; N.J.S.A. 45:15-17(l) in that his conduct constitutes dishonest dealing; N.J.S.A. 45:15-1, 45:15-3 and 45:15-17(t) in that he did not operate under the supervision of his employing broker; N.J.S.A. 45:15-12.8, N.J.A.C. 11:5-5.1, and N.J.S.A. 45:15-17(t), in that he did not deliver the funds received by him in a real estate transaction to his broker for deposit into the escrow or trust account maintained by his broker; N.J.S.A. 45:15-17(m) in that he accepted a commission or valuable consideration as a real estate salesperson from a person other than his employing broker; and N.J.S.A. 45:15-16 in that he accepted a commission or valuable consideration from a person other than his employing broker. Mkalech agreed to a one year revocation of his license and to pay a total fine of $2,500.

Surendra Bhatnagar, licensed salesperson, Morris County – On November 9, 2010, the Commission approved a Consent Order wherein Bhatnagar admitted that pursuant to N.J.S.A. 45:15-19.2, the Commission has the authority to suspend Bhatnagar’s license in that he has been indicted on an insurance fraud charge, which is a similar offense to criminal conspiracy to defraud. Bhatnagar agreed to the suspension of his salesperson license until his successful completion of the Pre-Trial Intervention program in which he was currently enrolled.

Cynthia Kaighn, licensed salesperson, and John Geraci, licensed broker-salesperson, Camden County – On November 9, 2010, the Commission approved a Consent Order whereby Geraci admitted that he violated N.J.A.C. 11:5-4.2 in that he failed to properly supervise the activities of Kaighn in her handling of a transaction; and Kaighn admitted that she violated N.J.A.C. 11:5-6.4(a) and N.J.S.A. 45:15-17(t) in that she placed her own interest above that of her principal. Kaighn admitted that at the request of her client, the buyer, she increased the commission payable to her firm on a contract addendum. Kaighn agreed to pay a fine of $3,000. Geraci agreed to pay a fine of $2,000 and to pay $1,195 as reimbursement to the sellers.

Stephanie LoCicero, licensed salesperson, Union County – By Final Order dated November 4, 2010, the Commission determined that LoCicero conducted unlicensed real estate activity by advertising and marketing out-of-state properties to New Jersey consumers through her own web site and blog and not through her employing broker, in violation of N.J.S.A. 45:15-1, 45:15-3, and 45:15-17(t); LoCicero advertised and marketed out-of-state properties that were not registered under the Real Estate Sales Full Disclosure Act, in violation of N.J.S.A. 45:16-30, 45:15-16.31, N.J.A.C. 11:5-9.6, and N.J.S.A. 45:15-17(e) (conduct demonstrating unworthiness and bad faith); LoCicero’s web site failed to comply with the advertising requirements of the Commission, in violation of N.J.A.C. 11:5-6.1 (5 counts) and N.J.S.A. 45:15-17(t) (5 counts); LoCicero’s failure to comply with the advertising requirements of the Commission demonstrates incompetency in violation of N.J.S.A. 45:15-17(e) and N.J.S.A. 45:15-17(t) (5 counts); LoCicero’s conduct in repeatedly marketing and advertising of out-of-state properties without proper authorization and/or broker supervision, and where the properties were not properly registered in this State pursuant to N.J.S.A. 45:15-16.25 et seq., constitutes a substantial, flagrant and continued course of misrepresentations, in violation of N.J.S.A. 45:15-17(a) and 45:15-17(c); LoCicero’s advertisements contained false, misleading or deceptive claims or misrepresentations because they offered brokerage services and marketed properties for which she was not authorized, in violation of N.J.A.C. 11:5-6.1(r) and N.J.S.A. 45:15-17(t). The Commission revoked LoCicero’s eligibility for licensure for twelve (12) years and imposed a fine of $6,000.

October


Douglas R. Tonge, formerly licensed broker, and Just New Homes, formerly licensed broker, Mercer County – By Final Order dated October 18, 2010, the Commission determined that Tonge and Just New Homes’ business model in which they paid and/or had credited a part of their commission to the buyer constitutes an impermissible rebate, profit, compensation or commission to unlicensed persons, in violation of N.J.S.A. 45:15-17(k) (247 counts); their web site and material was misleading and deceptive because it did not indicate to prospective clients that under some circumstances the 1% cash-back bonus would not be available, in violation of N.J.A.C. 11:5-6.1(r); by this conduct, they violated their fiduciary duty to protect and promote the interests of their clients, in violation of N.J.A.C. 11:5-6.4(a); and such conduct demonstrates incompetency, bad faith, dishonesty, and unworthiness for licensure under N.J.S.A. 45:15-17(e). The Commission revoked Tonge and Just New Homes’ real estate licenses for five (5) years and imposed a fine of $500 for each violation, totaling $123,500. 

Jennifer Rickards, previously licensed salesperson, and Beach Block Management LLC, unlicensed entity, Mercer County – By Final Order dated October 15, 2010, the Commission revoked Rickards’ license eligibility for three (3) years and imposed a fine of $10,000 against Rickards.  The Commission found that Rickards and Beach Block transacted real estate business and accepted commissions when they were not property licensed in violation of N.J.S.A. 45:15-17(e) (conduct demonstrating incompetency), N.J.S.A. 45:15-1.2, 45:15-1, 45:15-3 and 45:15-17(t); that Rickards’ preparation of a listing agreement demonstrates that she was engaging in unlicensed activity while she was not properly licensed, in violation of N.J.S.A. 45:15-1, 3, and 17(t); and that Rickards’ acceptance of commissions through unlicensed Beach Block constitutes the acceptance of commission from a party other than a licensed broker, in violation of N.J.S.A. 45:15-17(m).

September

Andrew Kim, unlicensed person, Middlesex County – On September 21, 2010, the Commission approved a consent order whereby respondent Kim admitted that during the salesperson’s licensing examination he was writing notes on a tissue he obtained at the test site, rather than the scratch paper provided to him in violation of N.J.A.C. 11:5-3.4(a).  Kim agreed that he would be barred from taking the real estate salesperson’s license examination for a period of one (1) year from February 11, 2010.

Gordon J. Malkowski III, licensed salesperson, Ocean County – On September 21, 2010, the Commission approved a consent order whereby respondent Malkowski admitted that he failed to notify the Commission of  the filing of criminal charges against him and his conviction within thirty days, in violation of N.J.S.A. 45:15-17(s) (3 counts).  Malkowski agreed to pay a fine in the amount of $1,000. Malkowski also agreed that his salesperson license would be held on a probationary basis for a period of one year. 

August

Aurora Corrente, formerly licensed broker, and Nextra Realty, Inc., licensed broker, d/b/a ReMax Nextra, and Garry M. Anderson, licensed salesperson, Sussex County – By Final Order dated August 3, 2010, the Commission revoked Corrente’s license for seven (7) years and imposed fines totaling $7,000. Corrente is ineligible for licensure as a salesperson for two (2) years. The Commission revoked Anderson’s license for life and imposed fines totaling $35,000. The Commission ordered that Nextra Realty’s corporate license was to be held on a probationary basis for two (2) years and Corrente and Anderson were to divest themselves from all ownership or investment in Nextra Realty. The Commission found that Corrente, Nextra Realty, Inc. and Anderson commingled the money of their principals with their own, in violation of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c) (5 counts, 1 of which is de minimus); engaged in a continued course of misrepresentation by falsifying records, in violation of N.J.S.A. 45:15-17(a) and (c) (3 counts); demonstrated unworthiness, bad faith and dishonesty through their four acts of commingling and three acts of falsifying records, in violation of N.J.S.A. 45:15-17(e) (7 counts); demonstrated incompetence through their de minimus commingling, in violation of  N.J.S.A. 45:15-17(e); engaged in conduct constituting fraud or dishonest dealing, in violation of N.J.S.A. 45:15-17(l) (7 counts); and failed to protect and promote the interests of their principals, in violation of N.J.A.C. 11:5-6.4(a) (4 counts).  The Commission also found that Corrente, Nextra Realty, Inc. and Anderson failed to pay commissions, in violation of N.J.A.C. 11:5-4.1(d); demonstrated unworthiness by depositing a commission check into the business account and then depleting the account, while having knowledge the commission was owed, in violation of N.J.S.A. 45:15-17(e); and failed to account for or pay over monies belonging to third parties, in violation of N.J.S.A. 45:15-17(d).

Nicholas L. Azeglio, Jr., licensed salesperson, Salem County – By Final Order dated August 16, 2010, the Commission revoked Azeglio’s license for five (5) years and imposed a fine of $5,000. The Commission found that Azeglio as a listing agent failed to disclose to the buyers of a property the probable existence of an underground storage tank (as found in a Superior Court action and Final Judgment). The Commission found that such conduct demonstrates bad faith, unworthiness, and dishonesty, in violation of N.J.S.A. 45:15-17(e); and demonstrates the failure to deal fairly with all parties, in violation of N.J.A.C. 11:5-6.4(a). The Commission also found that the ordering of an insufficient environmental test that did not use a metal detector despite reports and evidence of an underground storage tank, his failure to disclose the existence or results of that insufficient environmental test to the buyers and his failure to disclose the likelihood of an underground storage tank to the buyers constitutes fraud and dishonest dealing, in violation of N.J.S.A. 45:15-17(l).

Kristian Bryant, formerly licensed salesperson, Camden County – By Final Order dated August 11, 2010, the Commission found that Bryant failed to notify the Commission within thirty (30) days of his arrest and the filing of a formal criminal charge against him, in violation of N.J.S.A. 45:15-17(s) (two counts); and failed to cooperate in a Commission investigation in violation of N.J.S.A. 45:15-17(e). The Commission suspended Bryant’s license until June 30, 2011, and imposed a total fine of $2,500.

July

Ira Bell-Guilford, licensed salesperson, Hudson County – On July 20, 2010, the Commission approved a consent order whereby Bell-Guilford admitted that he failed to notify the Commission within thirty (30) days of the filing of criminal charges against him in violation of N.J.S.A. 45:15-17(s); and admitted that he failed to cooperate in a Commission investigation because he did not provide the Commission with the information regarding his arrest as requested in violation of N.J.S.A. 45:15-17(e) and (s).  Bell-Guldford agreed to pay a fine of $1,000.

Charles W. Zollner, formerly licensed salesperson, Burlington County – On July 15, 2010, the Commission approved a consent order wherein Zollner agreed to the temporary suspension of his license pending a hearing on the Order to Show Cause issued against Zollner.  Pursuant to N.J.S.A. 45:15-17.1, the Commission may temporarily suspend a license upon making a finding that prima facie evidence exists that the licensee had violated N.J.S.A. 45:15-17(d) or (o).

Joon S. Choi, a/k/a John Choi, licensed broker and broker of record, Essex County – By Final Order dated July 19, 2010, the Commission revoked Choi’s license for 5 years and imposed a $5,000 fine.  Choi will be ineligible to be licensed as a real estate salesperson for 1 year, and if thereafter licensed, such salesperson license will be held on probation for 1 year.  The Commission found that Choi commingled the money of his principal with his own in violation of N.J.S.A. 45:15-17(o) and N.J.A.C. 11:5-5.1(a) and (c).; failed to account for or pay over monies which came into his possession as a real estate licensee in violation of N.J.S.A. 45:15-17(d);  demonstrated incompetence and unworthiness by commingling and failing to maintain escrow deposit monies, in violation of N.J.S.A. 45:15-17(e) and 45:15-17(t); demonstrated unworthiness and bad faith by issuing a check at a closing when he knew that there were insufficient funds in the account to cover the check, in violation of N.J.S.A. 45:15-17(e); failed to deal fairly with all parties in violation of N.J.A.C. 11:5-6.4; failed to protect and promote the interests of his principal by using a deposit paid to the respondent for his own personal or other business expenses and then presenting a check at closing which was not honored due to insufficient funds, in violation of N.J.A.C. 11:5-6.4; and failed to deposit a check from his principal into the brokerage trust account within five (5) business days, in violation of N.J.A.C. 11:5-5.1(c)(2).

Kenneth Senatus, unlicensed person, and KC Professional Realty, unlicensed entity, Union County – By Final Order dated July 30, 2010, the Commission ordered Senatus and KC Professional Realty to cease and desist from representing and holding themselves out as licensed real estate brokers, broker-salesperson or salespersons; that Senatus and KC Professional Realty are ineligible for any real estate license; and imposed a $5,000 fine.  The Commission found that Senatus and KC Professional Realty had improperly represented and held themselves out to be real estate licensees and conducted unlicensed real estate business activity in 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).

June

Thomas J. Romeo, licensed broker, and Momareo Enterprises, LLC d/b/a/ Sellstate First, licensed broker, Middlesex County – On June 8, 2010, the Commission approved a Consent Order whereby Romeo and Sellstate First admitted that they violated N.J.S.A. 45:15-17(e) (incompetency) and (n) in that they obtained a real estate license through misrepresentation by issuing a check drawn against insufficient funds in payment of licensing fees.  Romeo and Sellstate First agreed to pay a fine in the amount of $2,000.

Donald W. Celidonio, formerly licensed broker, Passaic County – On June 8, 2010, the Commission approved a Consent Order whereby Celidonio admitted that as broker of record he violated N.J.S.A. 45:15-17(a)(substantial misrepresentation) in that he answered yes to several questions on the broker license application.  Celidonio admits that he did not maintain a designated main office open to the public (a violation of N.J.S.A. 45:15-12); that he did not maintain an office open to the public for the transaction of real estate business under his direct supervision (a violation of N.J.A.C. 11:5-4.4); and that there was no exterior display of a sign indicating the regular business name of his brokerage firm and the words “Licensed Real Estate Broker” (a violation of N.J.A.C. 11:5-6.1(a)). Celidonio agreed to pay a fine of $1,500; he will not be eligible to reinstate his real estate broker’s license until May 31, 2011 and he will be ineligible for licensure as an employing broker or broker of record until May 31, 2012.

Christine Bassion, formerly licensed salesperson, Cape May County – On June 15, 2010, the Commission approved a Consent Order whereby Bassion admitted that she misrepresented her criminal history at the time she took and passed the real estate salesperson examination, in violation of N.J.S.A. 45:15-17(n).  Bassion’s real estate license was suspended for 3 months, and she agreed to pay a fine in the amount of $1,000.

Almone F. Little, licensed salesperson, Brian D. Peoples, licensed salesperson, Adaptable Realty, an unlicensed entity, and Adaptable Real Estate Agency, LLC, licensed broker, Essex County – By Final Order dated June 18, 2010, the Commission revoked Peoples’ real estate salesperson’s license for 10 years and imposed a fine of $25,000 against Peoples; revoked Little’s salesperson license for 18 months, imposed a fine of $7,500 against Little and required Little to complete the pre-licensure education course and examination prior to relicensure; and imposed a $5,000 fine against Adaptable Realty.  The Commission found that Adaptable Realty, Little and Peoples all engaged in unlicensed activity in violation of N.J.S.A. 45:15-1.  The Commission also found that Peoples accepted compensation from a person other than his employing broker, in violation of N.J.S.A. 45:15-17(m). The Commission found that Little and Peoples failed to deal fairly with all parties in a transaction, in violation of N.J.A.C. 11:5-6.4.

Frank Barbera, licensed broker, and F.A. Barbera Co., Inc., licensed broker, Atlantic County – By Final Order dated June 21, 2010, the Commission revoked Barbera’s broker’s license for 6 years; revoked Barbera’s eligibility for a salesperson’s license for 3 years, retroactive to July 1, 2009; and imposed a fine of $2,500.  The Commission found that Barbera failed to account for or pay over monies belonging to others in violation of N.J.S.A. 45:15-17(d); impermissibly commingling a buyers’ money with his own, in violation of N.J.S.A. 45:15-17(o); failed to notify the Commission within 30 days of the filing of the federal criminal charges against him and his federal criminal conviction for bribery in violation of N.J.S.A. 45:15-17(s) (2 counts) and (e)(incompetence)(2 counts). The Commission also found that the conduct underlying Barbera’s bribery conviction demonstrates unworthiness and dishonesty in violation of N.J.S.A. 45:15-17(e).

Nicole Valentine, licensed salesperson, Bergen CountyBy Final Order dated June 29, 2010, the Commission placed Valentine’s salesperson license on probation for 1 year, imposed a $2,500 fine and ordered Valentine to complete the 75-hour pre-licensure education course for salespersons within 6 months.  The Commission found that Valentine violated N.J.S.A. 45:15-17(a) and 17(e) (incompetence) by making three negligent substantial misrepresentations in her letter to tenants related to the true owner of the property and the status of the foreclosure.

William Kubofcik, licensed broker-salesperson, and Prospect Park Corporation, unlicensed entity, Passaic County – By Final Order dated June 30, 2010, the Commission revoked Kubofcik’s broker’s license for 10 years; revoked his eligibility for a real estate salesperson license for 1 year and imposed a $3,000 fine. If a license is thereafter issued, it will be held on probation for a period of two (2) years.  The Commission found that Kubofcik commingled escrow deposits with his own funds, and failed to maintain escrow money received from his principals, in violation of N.J.S.A. 45:15-17(e) (conduct demonstrating unworthiness and dishonesty) (two counts), (o) and (t), and N.J.A.C. 11:5-5.1(a) and (e) (two counts) and 11:5-6.4(a) (two counts).  The Commission also found that Kubofcik demonstrated incompetence in violation of N.J.S.A. 45:15-17(e) because he failed to accurately complete a section of a contract of sale by failing to identify the escrow agent and by failing to accurately identify the deposit made.

May

James T. Kang, unlicensed individual, Bergen County – On May 11, 2010, the Commission approved a Consent Order whereby Kang admitted that he violated N.J.S.A. 45:15-17(n) in that he attempted to procure a real estate license by misrepresenting that there were criminal charges pending against him when he filed his application for licensure as a New Jersey real estate salesperson.  Kang will not be eligible for licensure until June 8, 2010.  If he fails to submit an application for licensure by July 8, 2010, he is required to fully re-qualify by successfully completing the requisite course and examination.  Kang agreed to pay a fine in the amount of $500.

Amer Mir, formerly licensed New Jersey real estate salesperson, Hudson County – On May 18, 2010, the Commission approved a Consent Order whereby Mir admitted to a violation of N.J.S.A. 45:15-17(s) for failure to notify the Commission of the filing of a criminal indictment against him and agreed to pay an administrative penalty of $500. Mir agreed to the suspension of his eligibility to reinstate his New Jersey real estate license pending his conviction and sentence in the criminal matter pending against him.

Benjamin Bentley Worbucks, licensed New Jersey real estate broker, and Worbucks Corporation, licensed New Jersey real estate broker, Bergen County – On May 18, 2010, the Commission approved a Consent Order whereby Benjamin Bently Worbucks and Worbucks Corporation agreed to the temporary suspension of their real estate broker licenses until further Order of the Commission.  The matter was also scheduled for a hearing on a future date. 

April

Rosaleen Light Newby, licensed salesperson, and Robert B. Oquist, licensed broker, Union County – On March 23, 2010, the Commission approved a consent order whereby Oquist admitted to a violation of N.J.A.C. 11:5-4.2(a)(1) for failing to properly supervise Light-Newby with respect to a real estate transaction.  He agreed to pay a penalty of $1,500.  Light-Newby admitted a violation of N.J.A.C. 11:5-6.4(a) for failing to deal fairly with all parties, and agreed to pay a penalty of $3,000.

Howard F. Koval, licensed broker, and Josephine Nicolazzo, licensed broker salesperson, Bergen County – On April 13, 2010, the Commission approved a consent order whereby Nicolazzo agreed to a violation of N.J.A.C. 11:5-4.4 in that she failed to supervise and maintain a bona fide office open to the public, N.J.A.C. 11:5-6.1(a) in that she failed to conspicuously display the regular business name of her firm and her name as broker of record on the exterior of the premises and N.J.S.A. 45:15-17(e) (conduct demonstrating incompetency) and N.J.S.A. 45:15-17(t).  She agreed to pay a fine in the amount of $3,000 and her broker’s license is suspended until June 30, 2011.  She may re-apply to hold a salesperson’s license from and after August 26, 2010.  The Commission also approved a consent order whereby Koval agreed to a violation of N.J.A.C. 11:5-4.1 in that he paid compensation to individuals without written employment agreements and failed to provide written employment agreements to salespersons in his office, and N.J.S.A. 45:15-17(e) (conduct demonstrating unworthiness or incompetency) and (t).  He agreed to pay a total fine in the amount of $7,500.  Koval also agreed to complete the 150 hour broker pre-licensure course.

March

Jeffrey M. Webb, licensed salesperson, Camden County – On March 23, 2010, the Commission approved a Consent Order wherein Webb admitted that he is in violation of N.J.S.A. 45:15-17(s). The Commission ordered Webb to pay a total fine in the amount of $1,500.

Kamlesh Pagarani, licensed salesperson, Bergen County – By Final Order dated March 2, 2010, the Commission imposed a fine of $1,000 and placed Pagarani’s salesperson’s license on probation for two (2) years for her failure to notify the Commission of a criminal indictment, a violation of N.J.S.A. 45:15-17(s). 

Lisa Smith, licensed salesperson, and Jasper Realty, defunct brokerage, Camden County – By Final Order dated March 2, 2010, the Commission found respondents Smith and Jasper Realty jointly liable for violations of N.J.S.A. 45:15-1 and 45:15-3 for engaging in real estate activity and accepting commissions without being licensed as New Jersey real estate brokers and N.J.S.A. 45:15-17(e) for conduct demonstrating unworthiness for licensure and dishonesty.  The Commission found Smith singly liable for the following violations: N.J.S.A. 45:15-17(o), a failure to deposit and maintain client funds in escrow; N.J.S.A. 45:15-17(1), making false statements to a client, misappropriating client funds, issuing a bad check, and failing to reimburse the misappropriated funds; N.J.A.C. 11:5-6.4, failing to protect and promote the interests of her client; and N.J.S.A. 45:15-17(d), failing to account for or to pay over monies coming into her possession as a licensee.  For the foregoing violations, Smith and Jasper Realty were ordered to pay fines of $45,000 and make restitution of $5,000 to a client.  Further, Smith’s salesperson’s license was revoked for life and both Smith’s and Jasper Realty’s eligibility for a broker’s license was revoked for life.

Neil Vogel, licensed broker, Burlington County – On February 23, 2010, the Commission approved a consent order whereby Vogel admitted to violations of N.J.A.C. 11:5-6.4(h)(1), 11:5-6.4(h)(2), and 11:5-6.4(h)(3) for failing to properly treat a buyer’s offer as a back-up offer after another offer was already pending, for failing to notify the second offeror, in writing, to consult an attorney before taking any action on the back-up offer, and for failing to notify the offeror in writing that the property to which offer pertained was the subject of a pending contract of sale and for failing to retain a copy of such written notice as a business record. Vogel agreed to pay a fine of $2,000 and to complete the 30-hour broker pre-licensure education course on agency and ethics.

January

Jorel Miller, formerly licensed salesperson, Hudson County – On May 12, 2009, the Commission found Jorel Miller in violation of N.J.S.A. 45:15-17(n) and N.J.S.A. 45:15-17(s) for procuring a real estate license by misrepresentation and for failing to disclose a criminal conviction to the Commission within thirty (30) days. Miller’s license was suspended for three months and a fine of $750 was imposed.

Kenneth Marshall, formerly licensed salesperson, Atlantic County – On June 2, 2009, the Commission found Marshall in violation of two counts of N.J.S.A. 45:15-17(s) for failing to notify the Commission of his arrest and subsequent conviction by the Municipal Court of Absecon. Additionally, the Commission found Marshall in violation of N.J.S.A. 45:15-17(e) for failing to assist or cooperate in the Commission’s investigation of his conduct. He was fined a total of $2,750 including $500 for failure to notify of the arrest, $750 for failure to notify of the conviction, and $1,500 for failure to cooperate during the investigation. He will also be required to attend and complete the 75 hour pre-licensure course prior to reinstatement of his real estate salesperson’s license.

Thomas Seibel, licensed salesperson, Morris County – On July 28, 2009, the Commission found Thomas Seibel in violation of N.J.S.A. 45:15-17(e) by demonstrating unworthiness due to his conviction in Federal Court for Using Interstate Facilities to Distribute Proceeds of Bribery. Pursuant to N.J.S.A. 45:15-19.1, such a criminal conviction results in the revocation of the licensee’s real estate license. Seibel’s license was revoked for one year from the date of the order and shall be subject to one year of probation should he reapply for and be granted a new license.

Robert Ransom, formerly licensed salesperson, Cape May County – May 5, 2009, the Commission sanctioned Ransom with two fines of $500 each for failure to notify the Commission of his indictment in the Superior Court of New Jersey, Cape May County for three counts of Issuing a Bad Check in the third degree. Ransom’s license is suspended until resolution of the criminal charges.

Lori Mase, licensed salesperson, Union County – On March 3, 2009, the Commission imposed fines totaling $500 for Mase’s failure, under N.J.S.A. 45:15-17(s), to notify the Commission of her criminal conviction for Theft by Deception and of Wrongful Impersonating.  Mase’s salesperson’s license is revoked for a period of five (5) years from the date of her criminal conviction.  Mase shall be able to seek reconsideration of the Commission’s Final Order if her criminal conviction is vacated or reversed.

Max Antoine, licensed salesperson, Essex County – On March 31, 2009, the Commission sanctioned Antoine with a six (6) month license suspension and a fine of $2,000 to be paid prior to reactivation of his license for misrepresenting his licensed status by using a business card and flyer which falsely indicated that he was a licensed broker, a violation of N.J.S.A. 45:15-17(a).  Antoine was also found in violation of N.J.S.A. 45:15-1, N.J.S.A. 45:15-17(t), and N.J.S.A. 45:15-17(e) for engaging in unlicensed activity on December 2007, for mailing the same business card and flyer as well as writing and submitting a check without sufficient funds to the Commission on January 6, 2008.  Antoine failed to repay the funds for over one year indicating a lack of truthfulness as well as demonstrating unworthiness, bad faith, and dishonesty.

Estrella Piemontese, licensed broker, Passaic County – On April 7, 2009, the Commission, after finding Piemontese in violation of N.J.S.A. 45:15-17(a) and (e) (conduct demonstrating incompetency and unworthiness) as well as N.J.A.C. 11:5-4.4(b), 11:5-6.9(j)(3), and 11:5-7.1(d), imposed a fine totaling $25,000 and revoked Piemontese’s brokers license for a period of ten (10) years. The Commission found that Piemontese made two substantial misrepresentations – one to a mortgage company and one to a client - regarding whether a home was a mother/daughter home.  Piemontese failed to determine the legitimate nature of a Pompton Lakes property she was presenting to a buyer. Piemontese also failed to disclose the nature of her agency relationship with the seller of the property to the buyer she was representing. Finally, Piemontese failed to properly maintain her home office in compliance with New Jersey law.  

Wayne Sims, licensed broker, and Duane Guilford, licensed salesperson, Hudson County – On August 10th, 2009, the Commission approved a consent order whereby Sims and Guilford agreed to pay a fine of $2,000 each.  Sims admitted to a violation of N.J.S.A. 45:15-17(e) in failing to insure that a proposed lease was properly completed, which conduct demonstrates incompetency.  Guilford admitted to a violation of N.J.A.C. 11:5-6.9(j) for failing to declare an agency relationship in a lease.  Sims and Guilford agreed to be held jointly and severally responsible to pay the sum of $1,450 as restitution to a former client; and agreed to complete a 30 hour broker pre-licensure education course.

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 2009


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
 

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 Corporation d/b/a Weidel Realtors, broker, Mercer County – On October 7, 2008, the Commission approved a consent order whereby Richard A. Weidel Corporation d/b/a Weidel Realtors 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 pleaded 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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 2007


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 pleaded 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 pleaded 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 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).

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 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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