Fee BORE SD “and the rules promul; d dp suant thereto. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGU FLORIDA REAL ESTATE COMMISSION f FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, 2 | b ZY Petitioner, O7 | vs. ae _ FDBPR Case N° 2000-80906 BURLEIGH ASHBY HOBSON, | Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Burleigh Ashby Hobson (hereinafter "Respondent" and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner isa state ent licensing and Te ory agency charged with the responsibility and duy to prosecute Administrative Complaints pursuant to the laws of the State a“ of Florida, in particular Section 20. 165 and 4 Chapters 120, 495 and 475 of the F lorida Statutes, 2. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license number 0573253 j i 3. _ The last license issued was as a ‘voluntary in inactive e broker at 115 Third Street South, Tierra V Verda, Florida 33715- 1716. [ Demeee Ba RE 6 Bo die ressidey ep 5 FDBPR vs Burleigh Ashby Hobson FDBPR Case N° 200080906 Administrative Complaint 4. On or about January 20, 2000, Respondent entered into a plea agreement with the United States of America, wherein Respondent pled guilty to one count of Misprison of a Felony,1 in direct violation of the requirements set forth by 18 U.S.C. § 4. A copy of the documents is attached hereto and incorporated herein as Exhibit 1. 5. Respondent notified the Petitioner of the plea on or about March 3, 2000. COUNT I Based upon the foregoing, Respondent is guilty of having been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, 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 Section 475.25 (Di of the Florida Statutes. COUNT I Based upon the foregoing, Respondent is guilty of not having informed the Florida Real Estate Commission in waiting within thiny (30) days of having pled guilty or having been convicted ofa felony and therefore is in violation of Section 475.25(1)(p) of the Florida Statutes. 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 1 Concealing the commission of a felony by another, without being in previous concert or subsequently assisting the perpetrator and, therefore, not an accessory before or after the fact. 2 1 eee Re eae eee ree £ S any com ination of the foregoing wl which h may Y apply. See 54 455. 227, Fla. Stat. ( 1999) and Fla, FDBPR vs Burleigh Ashby Hobson FDBPR Case N° 200080906 Administrative Complaint may be imposed for violation(s) of Chapter 475 of the Florida Statutes, 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 $1,000 for each count or offense; imposition of investigative costs; issuance ofa 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. (1999) and Fla. Admin. Code R. 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, 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 subj ect to terms Deding, but not t limited to, requiring tt the licensee, : registrant, or permitee to complete and } pass additional real e estate education courses; $s publatin : restriction f practice; injunctive or mandamus relief; imposition ofa a cease ‘and desist order, oO. Admin. ‘Code R. 61J2-24.00 cope tere eee (roan nance ennaannniatan 6A a it ERO MEDS SE RS EE MERINO FDBPR vs Burleigh Ashby Hobson FDBPR Case N° 200080906 Administrative Complaint SIGNED this ag Nay of i! firs | , 2001. ! AN ptt. Department of Business and Professional Regulation Py By: ore Fit Ee. Director, Division of Real Estate Wee’ Ph Or . oy Visig + = R o oF e839 Reay wal Rosey 3 Stote 4 te Zé es dag Ts, és) ATTORNEY FOR PETITIONER Juana Watkins Florida Bar N° 0192112 Senior Attorney Department of Business and Professional Regulation, ~ . Legal Section - Suite N 308 “ . Hurston Bldg. North Tower — = a : 400 West Robinson Street eek po os Orlando, Florida 32801-1772 os (407) 481-5632 e| ~ (407) 317-7260 FAX PCP: DS/JR 4/01 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. 4 _ FDBPR vs Burleigh Ashby Hobson FDBPR Case N° 200080906 Administrative Complaint 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. Ze. S ~ 22 ot con ER aoe % Tm ra fh pe he aa | UNITED STATES DISTRICT COURT 00 E22, s ° } MIDDLE DISTRICT OF aA py S 3 =. , TAMPA DIVISi Nees - BRO. % 75S we ~ oh. UNITED STATES OF AMERICA ¥ Vv. CASE NO. @8- Y¥-299~ CR -/- 25/8) BURLEIGH ASHBY HOBSON ; alkia Ashby Hobson PLEA AGREEMENT A. Particularized Terms Pursuant to Fed. R. Crim. P. 11(e), the United States of America, by Donna A. Bucella, United States Attorney for the Middle District of Florida, and the defendant, BURLEIGH ASHBY HOBSON, a/k/a Ashby Hobson, and the attorney for the defendant, Timothy Fitzgerald, mutually agree as follows: pa 1. Count Pleading To : 4 : Le Cy The defendant shall enter a plea of guilty to Count One of the information” Count One charges thé defendant with Misprision of a Felony, in violation of 18 U.S.C. §4, ob Nien ene CERTIFIED ATRUECOPY SHERYL L- LOBSCH, CLERK U.S. DE CT COURT 5 Li Re MUIR BEE GBR i g 23 special assessment to be due on the date of sentencing. With respect to certain offenses, the Court shall order the defendant to make restitution to any victim of the offenses, and with respect to other offenses, the Court may order the defendant to make restitution to any victim of the offense, or to the community, as set forth below. 3. Elements of the Offense The defendant acknowledges understanding the nature and elements of the offense with which defendant has been charged and to which defendant is pleading guilty. The elements of Count One are: First: The principal committed and co pleted the felony alleged; Second The defendant. pred duoy of thattoce, Third The defendant failed to notify the authorities: and, Fourth The defendant took an affirmative step to conceal the crime. 4. indictment Waiver Defendant will waive the eight to be charged by way of Indictment before a federal grand j jury. “NG ARSE ‘5 Counts Di missed At the time of sentencing, t the Indictment against t the defe id . dismissed pursuant to Fed. R. Crim, Pp. He) Defendant's aa bet Se REE, rrr mammal a SS se pees 6. No Further Charges If the Court accepts this plea agreement, the United States Attorney's Office for the Middle District of Florida agrees not to charge defendant with committing any other federal criminal offenses known to the United States Attorney's Office at the time of the execution of this agreement, related to the conduct giving rise to this plea agreement. : 7. Acceptance of Responsibility At the time of sentencing, and in the event that No adverse information is received suggesting such a recommendation to be unwarranted, the United States will not oppose the defendant's request to the Court that the defendant receive a (2) two- level downward adjustment for acceptance of responsibility, pursuant to USSG §3E1. 1. The defendant understands that this recommendation or request i is not binding on the Court, and if not accepted by the Court, the defendant will not be allowed to withdraw from the plea. 8 LowEnd At the time of sentencing, and in the event that no adverse information is received suggesting such a recommendation to be unwarranted, the United States will not oppose the defendant's request to the Court that the defendant receive a sentence at the low end of the applicable guideline range, as calculated by the Court. The defendant understands that this recommendation or request is not binding on the Court Defendant's Initi. 7 and if not accepted by the Court, the defendant will not be allowed to withdraw from the plea. | , 9. Probation The United States will not oppose the defendant's request to the Court that the defendant receive a sentence of probation, pursuant to USSG §§5C1.1(b), if the defendant is eligible for such treatment. B. Standard Terms and Conditions 1. Restitution, Special Assessment and Fine The defendant understands and agrees that the Court, in addition to or in lieu of any other penalty, shall order the defendant to make restitution to any victim of Oo the offenses(s), pursuant to 18 U.S.C. § 3663, for all offenses described i in 1i8US. om § 3663A(c)(1) (limited to offenses committed on or after April 24, 1996); and the Court may order the defendant to make restitution to any victim of the offense(s), pursuant to 18 U.S.C. § 3663 (limited to offenses committed on or after November 1, 1987) or § . : 3579, including restitution as to all counts charged, whether or not the defendant enters a plea of guilty to such counts, and whether o1 or not such counts are dismissed Pursuant Q 4 ADMINISTRATIVE COMPLAINT, EAHISIT 4 Fa 2. Supervised Release The defendant understands that the offense to which the defendant is pleading provides for imposition of a term of supervised ralease upon release from imprisonment, and that, if the defendant should violate the conditions of release, the defendant would be subject to a further term of imprisonment. 3. Sentencing Information , The United States reserves its right and obligation to report to the Court vs | and the United States Probation Office all information concerning the background, character, and conduct of the defendant, to provide relevant factual information, including the totality of the defendant's criminal activities, if any, not limited to the count to which defendant pleads, to respond to comments made by the defendant or defendant's counsel, and to correct any misstatements or inaccuracies. The United States further reserves its right to make any recommendations it deems appropriate regarding the disposition of this case, subject to any limitations set forth herein, if any. Pursuant to 18 U.S.C. § 3664(d d)(3) and Fed. R. Crim. P. 32(b)( AYA), the = ; ; defendant agrees to complete and submit, upon execution of this plea agreement, an affidavit reflecting the defendant's fn inancial condition. The defendant further agrees, ee fgee t government are not binding on the United States Probation Office or the Court and that MORNE SR ae A IR information concerning the defendant, for the purpose of making any recommendations to the Court and for collecting any assessments, fines, restitution, or forfeiture ordered by the Court. 4. Sentencing Guidelines and Recommendations It is understood by the parties that the Court is neither a party to nor bound by this agreement. The Court may accept or reject the agreement, or defer a decision until it has had an opportunity to consider the presentence report prepared by the United States Probation Office. The defendant understands and acknowledges that, although the parties are permitted to make recommendations and present argu- i ments to the Court, the sentence and the sentencing guidelines, if any, applicable to defendant's case will be determined solely by the Court, with the assistance of the United States Probation Office. Defendant understands that the Court is required to consider any applicable sentencing guidelines but may depart from these guidelines under some circumstances. Defendant acknowledges that defendant and defendant's attorney have discusséd the sentencing guidelines and defendant understands how the guidelines are applicable to defendant's case. Defendant further understands and acknowledges that any discussions between defendant or defendant's attorney and the attomey or other agents for the goverment regarding the potential appli ofthe sentencing guidelines to defendant's case and any recommendations by the ret, ndations be rejected, and regardless of the guidelines calculated Defendant's Initie by the Probation Office or the Court, defendant will not be permitted to withdraw defendant's plea pursuant to this plea agreement. The government expressly reserves the right to support and defend any decision that the Court may make with regard to the defendant's sentence, whether or not such decision is consistent with the government's recommendations contained herein. 5. Appeal of Sentence: Waiver The defendant understands and acknowledges that defendant's sentence will be determined and imposed in conformance with the Comprehensive Crime Control Act of 1984 and the federal sentencing guidelines. Defendant is also aware that a sentence imposed under the sentencing guidelines does not provide for parole. Knowing these facts, the defendant agrees that this Court has jurisdiction and authority to impose any sentence up to the statutory maximum set forth for the offense and pursuant to the sentencing guidelines and expressly waives the right to appeal defendant's sentence, directly or collaterally, on any ground except for an upward _ departure by the sentencing judge or a sentence above the statutory maximum or a sentence in Violation of the law Apart from the sentencing guidelines; provided, however, that if the ¢ vernment exercises its igh to appeal the sentence 2 imposed, as rcs Joo ip s eee 6. Middle District of Florida Agreement It is further understood that this agreement is limited to the Office of the United States Attorney for the Middle District of Florida and cannot bind other federal, state, or local prosecuting authorities, although this office will bring defendant's cooperation, if any, to the attention of other prosecuting officers or others, if requested. 7. Filing of Agreement This agreement shall be presented to the Court, in open court or in camera, in whole or in part, upon a showing of good cause, and filed in this cause, at the time of defendant's entry of a plea of guilty pursuant hereto. 8. Voluntariness ; i The defendant acknowledges that defendant is entering into this agreement and is pleading guilty freely and voluntarily without reliance upon any discussions between the attorney for the government and the defendant and defendant's attorney and without promise of benefit of any kind (other than the concessions contained herein), and without threats, force, intimidation, or coercion of any kind. The defendant further f acknowledges defendant's understanding of the Mature of the offense or offens pleading guilty and the elements thereof, including the penalties provided by law, and defendants ct complete satisfaction with the representation and advice received from defendant's undersigned counsel (if any). The defendant also understands that defendant has the right to plead not guilty ot or to persist in that plaa if it has already been made, and that defendant has the right to bok Defendant's Initial 8 MINISTRATI WE CON AS PLAINT EX AIBIT 4P re if W ” true, and were this. case. to go to trial, the United States would be > able to prove those = facts beyond ar be tried by a jury with the assistance of counsel, the right to confront and cross- examine the witnesses against defendant, the right against compulsory self- incrimination, and the right to compulsory process for the attendance of witnesses to testify in defendant's defense; but, by pleading guilty, defendant waives or gives up those rights and there will be no trial. The defendant further understands that if defendant pleads guilty, the Court may ask defendant questions about the offense or offenses to which defendant pleaded, and if defendant answers those questions under oath, on the record, and in the presence of counsel (if any), defendant's answers may later be used against defendant in a prosecution for perjury or false statement. The defendant also understands that defendant will be adjudicated guilty of the offenses to which defendant has pleaded and, if any of such offenses are felonies, may thereby be deprived of certain rights, such as the tight to vote, to hold public office, to serve on a jury, or to have possession of firearms. 9. Eactual Basis Defendant is pleading guilty because defendant is in fact guilty. The defendant certifies that defendant does hereby admit that the facts set } | Defendant's ico x] oO ADMINISTRATIVE COMPLAINT EXHIBIT # pace sos Poe Ld Y/ —ramromnnen naan saa 99 ES A RRA a i semua biter FACTS At some point in late 1997, the defendant became aware that misstatements of fact were submitted to the Department of Housing and Urban Development in connection with the Bethel Village project. When questioned on December 8, 1997 about these false statements, the defendant failed to disclose the offense. When the defendant became aware of the actual commission of this felony offense, he concealed and failed to inform, as soon as possible, some Judge or civil authority under the United States of these acts. 10. Entire Agreement _ This plea agreement constitutes the entire agreement between the government and the defendant with respect to the aforementioned guilty plea and no other promises, agreements, or representations exist or have been made to the defendant or defendant's attomey with regard to such guilty plea. 10 ADMINISTRATIVE COMPLAINT EXHIBIT # PAGE 20, OF in| 1 11. Certification The defendant and defendant's counsel certify that this plea agreement has been read in its entirety by (or has been read to) the defendant and that defendant fully understands its terms. DATED this _2/7~ day of aan 2000. ONNA A. BUCELLA United St. ‘0 KENNETH E. LAWSON Assistant United States Attorney By: BURLEIGH ASHBY HOBSON Defendant STEPHEN M. KUNZ . Assistant United States Attorney o! Attorney for Defendant A nN es eee Deputy Chief, Criminal Division “ RMDOMMOSLIALAWSONN.YONSHOBSON PA ; : : Defendant's Initia ADMINISTRATIVE COMPLAINT 1 Exueit # PAGE __\ OF __i| 3

Docket for Case No: 01-003163PL