STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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

(formerly Board of Real Estate), )

)

Petitioner, )

)

vs. ) CASE NO. 81-2305

)

JOEL L. STEINER, )

)

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 April 27, 1982, in Miami, Florida. A transcript of the proceedings was received by the Division on May 24, 1982.

APPEARANCES

For Petitioner: Joel S. Fass, Esquire

Colodny, Fass & Talenfeld, P.A. 626 North East 124th Street North Miami, Florida 33161

For Respondent: Stephen J. Avrach, Esquire

Avrach & Capps

801 Arthur Godfrey Road Miami Beach, Florida 33140

ISSUE

The issue posed for decision herein is whether or not the Respondent's license to practice real estate should be revoked based on conduct set forth hereinafter.

FINDINGS OF FACT

1. Based upon the testimony adduced at the hearing and the witnesses' demeanor while testifying, the documentary evidence received and the entire record compiled herein, the following relevant facts are found.

   
   

2. Based on its Administrative Complaint filed herein dated July 28, 1981, the Florida Real Estate Commission (Petitioner) seeks to revoke Respondent's

   license to practice real estate based on his having been found guilty of a crime involving moral turpitude and fraudulent or dishonest dealing, in violation of Subsection 475.25(1)(f), Florida Statutes (1979), and his (Respondent) having been confined to a state or federal prison, in violation of Subsection 475.25(1)(m), Florida Statutes (1979).

   
   

3. The Respondent, Joel L. Steiner, is a registered real estate salesman and has been issued License No. 0150824 by the Petitioner.

   
   

4. The Administrative Complaint filed herein alleges that during the period June 1, 1976, and continuing through March 23, 1977, Respondent, for the purpose of executing a scheme and artifice to defraud the public, caused mails and other matters to be sent from the New York office of Crown Colony in New York, New York 1/ , to be placed in post offices and authorized depositories for mail matter to be delivered by mail by the United States Postal Service. As a result of those actions, Respondent was indicted by the United States District Court for the Southern District of New York and charged with a violation of Title XVIII, United States Code, Sections 1341 and 1342, to wit, the use of the mails in a scheme to defraud. Following a trial, Respondent, on January 28, 1981, was found guilty as charged of the offense of the use of the mails in a scheme to defraud and was committed for imprisonment for a period of eighteen

   (18) months and ordered to pay a fine to the United States in the amount of

   $12,000.00. (Petitioner's Exhibits 2 and 3 and testimony of Postal Inspector John Muhelberg.)

   
   

5. Respondent appeared through counsel; however, no evidence was offered by Respondent in defense of the charges after Petitioner's case in chief.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

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

   
   

8. The authority of the Petitioner is derived from Chapter 475, Florida Statutes (1979).

   
   

9. The Respondent, a licensed real estate salesman, is subject to the guides of Chapter 475, Florida Statutes.

   
   

10. Respondent having been convicted of the offenses of devising a scheme to defraud by mail and by wire subjects him to the disciplinary provisions of Chapter 475.25(1)(b), Florida Statutes (1979). Chapter 475.25(1)(b), Florida Statutes (1979), authorizes the Board to revoke a license of a licensee that it finds has been guilty of fraud, misrepresentation . . . dishonest dealing by trick, scheme or device or breach of trust in any business transaction in this state or any other state. Respondent has been found guilty of a crime against the laws of the United States which involves fraudulent or dishonest dealing, in violation of Chapter 475.25(1)(f), Florida Statutes (1979). Based thereon, it is concluded that Respondent has engaged in conduct violative of the above-cited statutory provisions.

6. Respondent, by being committed and confined to a federal prison, is guilty of acts violative of Chapter 475.25(1)(m), Florida Statutes (1979).

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby

RECOMMENDED:

That the Respondent's License No. 0150824 to practice real estate as a salesman be REVOKED.

RECOMMENDED this 18th day of August, 1982, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 18th day of August, 1982.

ENDNOTE

1/ Respondent operated through the entity known as Crown Colony, Inc., which had three (3) offices, one (1) each in New York, Chicago and Miami.

COPIES FURNISHED:

Joel S. Fass, Esquire

Colodny, Fass & Talenfeld, P.A. 626 N.E. 124th Street

North Miami, Florida 33161

Stephen J. Avrach, Esquire Avrach & Capps

801 Arthur Godfrey Road Miami Beach, Florida 33140

Frederick Wilsen, Esquire Florida Real Estate Commission

400 West Robinson Street Orlando, Florida 32801

Samuel R. Shorstein Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

C. B. Stafford, Executive Director Florida Real Estate Commission Post Office Box 1900

Orlando, Florida 32802

Docket for Case No: 81-002305

Orders for Case No: 81-002305