: . Wo: Lb C4 ,,@ ty A STATE OF FLORIDA 2, © ‘DEPARTMENT OF BUSINESS AND PROFESSI Cbjept IN FLORIDA REAL ESTATE COMMIS Oy he Pg a 6 FLORIDA DEPARTMENT OF BUSINESS 6s “i AND PROFESSIONAL REGULATION, ¢ Petitioner, OO af 2S 7 vs. FDBPR Case N° 99-81546 MICHAEL J. MELLION Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Michael J. Mellion (hereinafter "Respondent") and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular § 20.165, Fla. Stat., Chapters 120, 455 and 475, Fla. Stat., and the rules promulgated pursuant thereto. | 2. Respondent ; is and v was at all times material hereto a licensed Florida real estate broker, issued license number 0135603 in accordance with Chapter 475, Fla. Stat. 3. ‘The last license issued was as a a broker at 555 NE 34" Street #1 007, Miami, Florida | 33137. 4. On or about November 3, 1994, Respondent pled guilty to one count, Count #55, of Money Laundering, a federal felony. The United States District court dismissed the remaining oe FDBPR v. Michael J. Mellion Case No. 9981546 Administrative Complaint counts, and the Respondent was ordered to serve 57 months in the United States Bureau of Prisons. A copy of the judgment and sentence is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 5. Sometime after his release Respondent notified the Petitioner of his felony conviction pursuant to correspondence dated March 29, 1999. A copy of his correspondence is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2. COUNT I Based upon the foregoing, Respondent is guilty of having been convicted or found guilty, regardless of adjudication, of a crime which directly relates to the activities of a licensed real estate salesperson or involves moral turpitude or fraudulent or dishonest dealing in violation of § 475.25()(f), Fila. Stat. COUNT II Based upon the foregoing, the Respondent is guilty of not having informed the Florida Real Estate Commission in writing within thirty (30) days of having pled guilty or having been convicted ofa felony and therefore is in violation of §'475.25(1)(p), Fla. Sat. ba WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to seeapene ome eben Uv... WU FDBPR v. Michael J. Mellion : Case No. 9981546 Administrative Complaint $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat. and Rule 61J2- 24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. and Rule 6132-24.001, Fla. Admin. Code. SIGNED this 16th day of December, 1999. Department of Business and Professional Regulation By: Herbert S. Fecker, Jr. Director, Division of Real Estate FDBPR v. Michael J. Mellion Case No. 9981546 Administrative Complaint ATTORNEY FOR PETITIONER Sunia Y. Marsh Florida Bar N° 0068896 Senior Attorney, Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX SM/k PCP: MPS-LJ 12/99 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120. 569 and 120.57, Fla. Stat.; that you have the right, at .. your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your ~ behalf if a formal hearing is requested. _ PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. AO 2485S [Rev 4/908. bo. Fla. rev. Ad: - Judgment i in a Criminal Cease VU UNITED STATES DISTRICT COURT Southern District of Florida UNITED STATES OF AMERICA v. Case Number 92-0583-CR-GONZALEZ MICHAEL J. MELLION : ri —£ oor Defendant. 7 Fue OF JUDGMENT IN A CRIMINAL CASE| SY #107 (For Offenses Committed On or After November 1} 1987)agios JUENKE Eatin “Se sts . wes dwetneme te The defendant, MICHAEL J. MELLION, was represented by ALLEN WEINSTEIN, 1801 WEST AVENUE, MIAMI BEACH, FLORIDA 33139 (305/534-4666). On motion of the United States the court has dismissed any and all remaining counts The defendant pleaded guilty to count 55. Accordingly, the defendant is adjudged guilty of such count(s), involving the following offense(s): Date Offense Count Title & Section Nature of Offense Concluded Number(s 18:1956 Money Laundering 03/14/88 fifty-five As pronounced on November 3, 1994, the defendant is sentenced as provided in pages 2 through 4 of this Judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. It is ordered that the defendant shall pay to the United States a special assessment of $ 50.00, for count(s) 55, which shali be due immediately. It is further ordered that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this Judgment are fully paid. TH Signed this the 4? day of November) 1994 nited States District Judge Defendant's SSAN: 224- 76-9088 Defendant’s Date of Birth: 11/2/51 Defendant's address: 555 N.E. 34TH STREET, #510, MIAMI, FL : : Sepu y cic 7 . o~, a xy aa iO EXHIBIT PAGE . “ SECA sae AO 245 S (Rev. 4/901(S.D.Fla. rok 4. 2 -‘imprisonment Judgment-Page 2 of 4 Defendant: MICHAEL J. MELLION Case Number: 92-0583-CR-GONZALEZ IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 57 months as to count 55 of the indictment. The Court makes the following recommendations to the Bureau of Prisons: that the defendant be designated to FCI, Homestead, Miami. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons on Wednesday, January 11, 1995 no later than 2:00 p.m. " RETURN | have executed this Judgment as follows: Defendant delivered on : to at , with a certified copy of this Judgment. ADMINISTRATIVE COMPLAINT United States Marshal EXHIBIT i ay cf PAGE _____ «OF