Orange FL Lawyers | Frederick Henry Wilsen, Jr. -- eLawyers

2D03-5574 XW v. State (2005)

District Court of Appeal of Florida Filed: Jun. 10, 2005 Citations: 903 So. 2d 318

903 So. 2d 318 (2005) X.W., Appellant, v. STATE of Florida, Appellee. No. 2D03-5574. District Court of Appeal of Florida, Second District. June 10, 2005. James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Danilo Cruz-Carino, Assistant Attorney General, Tampa, for Appellee. WALLACE, Judge. X.W., a juvenile, appeals the disposition orders committing him to a moderate-risk level si..

98-001882 DIVISION OF REAL ESTATE vs JEFFREY L. FORBES (1998)

Division of Administrative Hearings, Florida Filed: Apr. 20, 1998

The issues are whether Respondent is guilty of obtaining his real estate license by means of misrepresentation or concealment in violation of Section 475.25(1)(m), Florida Statutes, and if so, what penalty should be imposed.Petitioner proved that Respondent violated Section 475.25(1)(m), Florida Statutes, by failing to disclose that he pled guilty to the charge of simple assault in 1982.

02-002668 DEPARTMENT OF FINANCIAL SERVICES vs DAVID H. KLIGFELD; DHALCO FINANCIAL SERVICES, INC.; DAVID KLIGFLED; AND RHONDA WRIGHT (2002)

Division of Administrative Hearings, Florida Filed: Jul. 03, 2002

This issue in this case is whether Petitioner has jurisdiction to prosecute a viatical settlement sales agent for conduct relating to transactions involving viatical settlement purchase agreements, which Petitioner contends were “investment contracts”——and hence securities——subject to regulation under the Florida Securities and Investor Protection Act.Viatical Settlement Act comprehensively and exclusively governs viatical settlement purchase agreements; Petitioner does not have jurisdiction to prosecute/punish a viatical sales agent for conduct relating to viatical settlement purchase agreements.

02-003582 DEPARTMENT OF FINANCIAL SERVICES, OFFICE OF FINANCIAL INSTITUTIONS AND SECURITIES REGULATION vs JAMES A. TORCHIA (2002)

Division of Administrative Hearings, Florida Filed: Sep. 13, 2002

The issues are whether Respondents offered and sold securities in Florida, in violation of the registration requirements of Section 517.07(1), Florida Statutes; offered and sold securities in Florida while Respondents were unregistered, in violation of Section 517.12(1), Florida Statutes; or committed fraud in the offer, sale, or purchase of securities in Florida, in violation of Section 517.301(1)(a), Florida Statutes. If so, an additional issue is the penalty to be imposed.Insurance agent selling viatical settlement agreements is selling securities and is an unregistered dealer or assoc. person. Subject trust interests are securities that are not exempt, and Viatical Settlement Act does not supercede Chapter 517.

02-003583 DEPARTMENT OF FINANCIAL SERVICES, OFFICE OF FINANCIAL INSTITUTIONS AND SECURITIES REGULATION vs EMPIRE INSURANCE AND JAMES A. TORCHIA (2002)

Division of Administrative Hearings, Florida Filed: Sep. 13, 2002

The issues are whether Respondents offered and sold securities in Florida, in violation of the registration requirements of Section 517.07(1), Florida Statutes; offered and sold securities in Florida while Respondents were unregistered, in violation of Section 517.12(1), Florida Statutes; or committed fraud in the offer, sale, or purchase of securities in Florida, in violation of Section 517.301(1)(a), Florida Statutes. If so, an additional issue is the penalty to be imposed.Insurance agent selling viatical settlement agreements is selling securities and is an unregistered dealer or assoc. person. Subject trust interests are securities that are not exempt, and Viatical Settlement Act does not supercede Chapter 517.

02-001284 DEPARTMENT OF BANKING AND FINANCE vs DONALD J. DENTON AND STRATEGIC STRATEGIES, INC. (2002)

Division of Administrative Hearings, Florida Filed: Mar. 28, 2002

The issues in this case are whether Respondents, Donald J. Denton and Strategic Strategies, Inc. (hereinafter "Respondents," "Denton," or "Strategic Strategies"), are guilty of selling or offering for sale securities in Florida that were not registered pursuant to Chapter 517, Florida Statutes, in violation of Section 517.07(1), Florida Statutes; whether Respondents are guilty of acting as unregistered dealers, associated persons, or issuers by having sold or offered for sale any securities from this state, in violation of Section 517.12(1), Florida Statutes; and, if so, what penalties are appropriate and should be imposed. All references to Florida Statutes are for the years 1998 and 1999.Respondent sold viaticals as investments to his clients, all of whom were retired professionals.

98-003049 DIVISION OF REAL ESTATE vs ROBERT A. SCHWARTZ (1998)

Division of Administrative Hearings, Florida Filed: Jul. 14, 1998

At issue is whether Respondents' committed the offenses alleged in the Administrative Complaints and, if so, what disciplinary action should be taken.Broker, while under suspension, was shown to have acted as a broker by preparing and presenting a contract for the purchase of real property. Recommended revocation of licensure.

98-004141 DIVISION OF REAL ESTATE vs MAYRA GUZMAN (1998)

Division of Administrative Hearings, Florida Filed: Sep. 21, 1998

At issue is whether Respondent committed the offense alleged in the Administrative Complaint and, if so, what disciplinary action should be taken.Proof failed to support the conclusion that agent obtained her licensure by fraud or misrepresentation although she had not completed continuing education requirement for renewal.

96-005163 DIVISION OF REAL ESTATE vs S. DUDLEY CARSON (1996)

Division of Administrative Hearings, Florida Filed: Nov. 04, 1996

The issues in this case are whether S. Dudley Carson, the Respondent (1) failed to comply with a lawful order of the Florida Real Estate Commission; (2) deposited or intermingled personal or operating funds in the broker's trust account; (3) concealed a violation during the course of an investigation; (4) improperly disbursed funds from the broker's trust account; (5) engaged in fraudulent or dishonest dealing in a business transaction; and (6) is guilty of a course of conduct to the extent that he is not trustworthy. If yes, to one or more of the foregoing, what penalty should be imposed.Respondent did not timely complete course. Recommend $1,000 fine. Allegations that Respondent improperly disbursed and comingled personal funds with trust funds not proven by Petitioner.

98-002436 DIVISION OF REAL ESTATE vs LOUIS CASANOVA (1998)

Division of Administrative Hearings, Florida Filed: May 29, 1998

The issue in this case is whether Respondent violated Section 475.25(1)(m), Florida Statutes (1997), by obtaining a license by fraud, misrepresentation, or concealment. (All Chapter and Section references are to Florida Statutes (1997) unless otherwise stated.)Applicant who submitted false application did not intend to defraud, misrepresent, or conceal eight year-old misdemeanor.

Frederick Henry Wilsen, Jr.