STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT ) OF PROFESSIONAL REGULATION, ) BOARD OF REAL ESTATE, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1775

) (PD NO. 3507)

JOHN EDWARD GRIM, JR., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on May 28, 1980, in St. Petersburg, Florida.

APPEARANCES

For Petitioner: Salvatore A. Carpino, Esquire

Department of Professional Regulation 2009 Apalachee Parkway

The Oakland Building Tallahassee, Florida 32301

For Respondent: John Edward Grim, Jr. appeared Pro Se 3255-A 39th Street South

St. Petersburg, Florida 33711

ISSUE

By its Administrative Complaint filed herein on approximately June 13, 1979, the Board of Real Estate (Board) seeks to discipline the Defendant/Licensee, John Edward I - Grim, Jr., based on conduct, set forth hereinafter In detail, which, according to the Board, is conduct involving fraudulent or dishonest dealing in violation of Subsection 475.25(1)(e) and Subsection 475.25(1)(b), Florida Statutes. 1/

FINDINGS OF FACT

Based upon my observation of the Respondent/Defendant and his demeanor while testifying, the documentary evidence received, the argument of counsel for the Board and the entire record compiled herein, the following relevant facts are found.

1. During times material, the Defendant/Licensee, John Edward Grim, Jr., was a licensed/registered real estate salesman who held License No. 0034277. On December 7, 1976, the Respondent/Defendant was indicted in the Middle District of Florida, Orlando Division, for having violated Title XVIII of the United

   States Code, Sections 2, 371 and 472. On or about March 25, 1977, Respondent/Defendant Grim was found guilty by a jury of having violated Title XVIII of the United States Code, Sections 371 and 472 as charged in Counts 1,2 and 5 of the above referenced indictment. On or about May 5, 1977, the Middle District Court of Florida found Respondent/Defendant John Edward Grim, Jr., guilty of Counts 1, 2 and 5 of the indictment, to wit, that he knowingly, willfully and unlawfully conspired with other persons to bring counterfeit obligations of the United States into the United States from a foreign country, with the intent to defraud, and possessed, concealed, passed and uttered said counterfeit obligations, in violation of Title XVIII United States Code, Sections 371 and 472, as charged in Counts 1, 2 and 5 of the indictment. On May 5, 1977, Respondent/Defendant John Edward Grim, Jr., was sentenced to serve two

   (2) years of imprisonment for each count, with the sentence of imprisonment to run concurrently. On May 12, 1977, a Notice of Appeal was filed with the United States Court of Appeal for the Fifth Circuit for the Final Judgment of Conviction and sentence entered on May 5, .1977. On December 22, 1978, the United States Court of Appeal for the Fifth Circuit affirmed the Judgment of Conviction entered against Respondent/Defendant John Edward Grim, Jr. (Petitioner's Exhibits 1 and 2.)

   
   

   RESPONDENT'S DEFENSE

   
   

2. The Respondent appeared and testified in his own behalf. Essentially, his defense is that he volunteered the information to the law enforcement officials and that he fully cooperated with the investigation of the above referenced charges; that he is presently the operator of a pawn shop where he is involved in the jewelry business and that he has been inactive in the selling of real estate since approximately 1975.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

4.. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

1. The authority of the Petitioner is derived from Chapter 475, Florida Statutes.

   
   

2. Competent and substantial evidence was offered to establish that the Respondent has been found guilty of a crime against the laws of the United States of America involving fraudulent and/or dishonest dealing in violation of Subsection 475.25(1)(e), Florida Statutes (presently renumbered 475.25(1)(f), Florida Statutes (1979)).

   
   

3. Based on the Conclusion of Law next above, competent and substantial evidence was offered to establish that the Respondent/Defendant has been guilty of fraud . . . dishonest dealing [or] has violated a duty imposed on him by law

. . ., in violation of Subsection 475.25(1)(b) Florida Statutes.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Respondent, John Edward Grim, Jr.'s real estate salesman's license be REVOKED.

RECOMMENDED this 9th day of July, 1980, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 9th day of July, 1980.

ENDNOTE

1/ Section 475.25(1)(e) , Florida Statutes, is presently codified as Section 475.25(1)(f), Florida Statutes (1979). During the course of the hearing, the Board, through its counsel, withdrew Count II of the Administrative Complaint filed herein.

COPIES FURNISHED:

Salvatore A. Carpino, Esquire Department of Professional Regulation 2009 Apalachee Parkway

The Oakland Building Tallahassee, Florida 32301

John Edward Grim, Jr. 3255-A 39th Street South

St. Petersburg, Florida 33711

C. B. Stafford Executive Director Board of Real Estate Post Office Box 1900 Orlando, Florida 32802

Nancy Kelley Wittenberg, Secretary Department of Professional Regulation 2009 Apalachee Parkway

The Oakland Building Tallahassee, Florida 32301

Docket for Case No: 79-001775

Orders for Case No: 79-001775