STATE OF FLORIDA Jy DEPARTMENT OF BUSINESS AND PROFESSIONAL neat DIVISION OF PROFESSIONS - TALENT AGENCIES DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, 0% aia4 Pc Vv. Case No. 2002-01191 DERWIN JONES D/B/A SHADES TALENT & MODELING AGENCY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (Petitioner), files this Administrative Complaint before the Division of Professions - Talent Agencies (Board) against Derwin Jones d/b/a Shades Talent & Modeling Agency (Respondent), and alleges: 1. Petitioner is the state agency charged with regulating the practice of talent agencies, pursuant to section 20.165, Florida Statutes (2000), and chapters 455 and 468, Part VIL Florida Statutes. 2. At all times material hereto, Respondent was licensed in the State of Florida as a Talent Agency, license number TA 0000654. 3. Respondent’s address of record with the Department is 2125 Biscayne Boulevard, Ste. 570, Miami, Florida 33137. Derwin Jones is currently incarcerated in the Yazoo City Federal Corrections Institute, 2225 Haley Barbour Parkway, Yazoo City, MS 39134. His inmate number is 37733-004. GAOGC\Talent Agents\AC's\ TALENT AGENCY AC TEMPLATE.doc 4. Section 455.227(1)(c), Florida Statutes, states that disciplinary action may be taken against a licensee for being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession. 5. Section 468.402(1)(b), Florida Statutes, provides grounds for disciplinary action to be taken when a licensee has violated any provision of this part, chapter 455, any lawful disciplinary order of the department, or any rule of the department. 6. Section 468.402(1)(c), Florida Statutes, states that disciplinary action may be taken against any licensee who has been found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime involving moral turpitude or dishonest dealings under the laws of Florida or any other state or government. 7. Title 18 U.S.C. § 371, states that iftwo or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. 8. At all times material hereto, Respondent was engaged in a criminal conspiracy to commit bank fraud with another individual, in which Respondent’s licensed talent agency, Shades Talent & Modeling Agency, Inc. (“Shades”), was used as a “paper corporation” to facilitate and act as a conduit for fraudulent financial transactions, ie., issuing and causing to be issued checks on the accounts of deceased persons without authorization. 9. Respondent’s violations of 18 U.S.C. § 371 constituted criminal acts involving moral turpitude or dishonest dealings under the laws of Florida and the United States of America. GAOGCATalent Agents\AC's\TALENT AGENCY AC TEMPLATE.doc 10, Onor about August 17, 2002, Respondent pled guilty to an indictment charging Respondent with a violation of 18 U.S.C. § 371. Thus, Respondent was in violation of sections 455.227(1\c), 468.402(1)(b) and 468.402(1)(c), Florida Statutes. 11. Title 18 U.S.C. §1029(a)(2), states that whoever knowingly and with intent to defraud traffics in or uses one or more unauthorized access devises during any one-year period, and by such conduct obtains anything of value aggregating $ 1,000 or more during that period shall be subject to a fine or imprisonment for a term not to exceed 10 years, or both. 12. From November 16, 2000, through November 21, 2000, Respondent did knowingly, willfully, and with intent to defraud, use unauthorized credit card account numbers to obtain something of value in excess of $1,000.00, conduct that was access device fraud. 13. Respondent’s violations of 18 U.S.C. 1029(a)(2) constituted criminal acts involving moral turpitude or dishonest dealings under the laws of Florida and the United States of America. 14. Onor about August 17, 2002, Respondent pled guilty to an indictment charging Respondent with one violation of 18 U.S.C. §1029(a)(2). Thus, Respondent was further in violation of sections 455.227(1)(c), 468.402(1)(b) and 468.402(1)(c), Florida Statutes. 15. Respondent was sentenced to 57 months in prison and thereafter 3 years of supervised release COUNT ONE 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 17. Based on the foregoing, Respondent violated section 468.402(1)(c), Florida Statutes. w GAOGC\Talent Agents\AC's\TALENT AGENCY AC ‘TEMPLATE.doc COUNT TWO 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 19. Based on the foregoing, Respondent violated section 455.227(1)(c), Florida Statutes. COUNT THREE 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 21. Based on the foregoing, Respondent violated section 468.402(1)(b), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board enter an order imposing one or more of the following penalties: revocation or suspension of Respondent's license, imposition of an administrative fine not to exceed five thousand dollars ($5,000.00) for each count or separate offense, issuance of a reprimand, placement of Respondent on probation, restriction of Respondent’s authorized scope of practice, assessment of costs associated with investigation and prosecution, imposition of any or all penalties delineated within section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to chapters 455 and/or 468, Part VIL, Florida Statutes, and/or the rules promulgated thereunder. \ Signed this | “day of } hot 2003. Department of Business and Professional RegulaRt-Sc tt-Hill AGENCY CLERK Lead Professions Attorney Counsel for the Depaygment: Charles Pellegrini 7, CLERK Su vi zt . Vedbones - me ware ALLY - BOO pase 4 GAOGCATalent Agents\AC’s\TALENT AGENCY AC TEMPLATE.doc Assistant General Counsel Florida Bar No. 989274 Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2202 Telephone: (850) 414-6088 Facsimile: (850) 414-6749 GSH:CP/sch Case No. 2002-01191 pcp: Y-/-03 Scott-Hill GAOGC\Talent Agents\AC's\TALENT AGENCY AC TEMPLATE.doc

Docket for Case No: 03-002124PL