Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: CORY AUSTIN LEVY
Judges: TODD P. RESAVAGE
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Jan. 05, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 25, 2012.
Latest Update: Jan. 10, 2025
FILED
Department of Susiness and Professional Regulation
Deputy Agency Clerk
STATE OF FLORIDA CLERK Evette Lawson-Proctor
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI tu, 44/99/2014
Fila #
FLORIDA DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION,
DIVISION OF REAL ESTATE,
Petitioner,
vs. Case No. 2011-013762
CORY AUSTIN LEVY,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Department of Business and Professional Regulation
(Petitioner) files this Administrative Complaint before the
Florida Real Estate Commission against Cory Austin Levy,
(Respondent) and alleges:
1. Petitioner is the state agency charged with regulating
the practice of real estate pursuant to Section 20.165, Florida
Statutes, and Chapters 120, 455, and 475, of the Florida
Statutes.
2. Respondent is licensed as a real estate sales associate
in the State of Florida, having been issued license number 3212872.
3. Respondent’s address of record is 609 BE. Sheridan Street
406, Dania Beach, FL, 33004.
4, At all times material to this Complaint, Respondent was
employed as a Sales Associate for Renters Paradise Realty, Inc.
Document in Unnamed 1
Filed January 5, 2012 4:22 PM Division of Administrative Hearings
FDBPR v. Cory Austin Levy Case No. 2011-013762
Administrative Complaint
5. From approximately June, 2009 ywntil approximately
January, 2011, Respondent, as a sales associate of Renters Paradise
Realty, Inc., collected deposit checks from the brokerages
customers.
6. On several occasions, Respondent requested that
customers of Renters Paradise Realty, Inc., provide deposits and
payment in the form of money order or cashiers check, (Negotiable
Instrument).
7. Respondent advised customers of Renters Paradise Realty,
Inc., to forward the requested Negotiable Instrument to Respondent,
and to leave the “pay to the order of” portion of the Negotiable
Instrument blank.
8. Following receipt of a blank Negotiable Instrument,
Respondent would photocopy the Negotiable Instrument.
9. After producing a duplicate of the Negotiable
Instrument, Respondent affixed a name other than that of Renters
Paradise Realty, Inc. on the original and affixed “Renters
Paradise” on the duplicate copy.
10. Respondent, on occasion with the assistance of another
licensed individual, filed the photocopied duplicates at the
brokerage office and converted the original instrument.
11. Respondent failed to deliver the following Negotiable
Instruments to Renter’s Paradise Realty, Inc.,; Money Order numbers
10607634, 28652986, 180063788, 14-144565257, 14-144565258, 14-
189092365, 14-146772577, 14-043552038, and 14-043552039.
Document in Unnamed
FPDBPR v. Cory Austin Levy Case No. 2011-013762
Administrative Complaint
12. In or about February and March, 2011, Respondent paid
Renters Paradise Realty, Inc., approximately $60,000.00 as a
settlement to avoid criminal prosecution.
COUNT _ONE
13. Petitioner re-alleges and incorporates by reference the
allegations set forth in paragraphs one (1) through twelve (12)
as if fully set forth herein.
14. Section 475.25(1) (hb), Florida Statutes, subjects a real
estate licensee to discipline for committing fraud,
misrepresentation, concealment, false promises, false pretenses,
dishonest dealings by trick, scheme or devise, culpable
negligence, or breach of trust in any business transaction.
15. As set forth above, Respondent committed fraud,
misrepresentation, concealment, false promises, false pretenses,
dishonest dealings by trick, scheme or devise, culpable
negligence, or breach of trust in any business transaction, in
one or more of the following ways:
a. By engaging in an organized scheme to defraud his
broker, Renters Paradise Rentals, Inc,, by converting
the Negotiable Instruments;
b. By engaging in an organized scheme to defraud the
customers of Renters Paradise Rentals, Inc., by
converting the Negotiable Instruments;
c. By engaging in dishonest dealings by trick scheme
or devise, by requesting blank Negotiable Instruments
Document in Unnamed 3
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FDBPR v. Cory Austin Levy Case No. 2011-013762
Administrative Complaint
and creating duplicates to prevent or delay detection
of conversion.
16. Based on the foregoing, Respondent violated Section
475,25(1) (b), Florida Statutes, by committing fraud,
misrepresentation, concealment, false promises, false pretenses,
dishonest dealings by trick, scheme or devise, culpable
negligence, or breach of trust in any business transaction when
he engaged in an organized scheme to convert funds.
COUNT TWO
17. Petitioner re-alleges and incorporates by reference the
allegations set forth in paragraphs one (1) through twelve (12)
as if fully set forth herein,
18. Section 475.42(1) (dad), Florida Statutes, states:
A sales associate may not collect any money in
connection with any real estate brokerage
transaction, whether as a commission, deposit,
payment, rental, or otherwise, except in the
name of the employer and with the express
consent of the employer; and no real estate
sales associate, whether the holder of a valid
and current license or not, shall commence or
maintain any action for a commission or
compensation in connection with a real estate
brokerage transaction against any person
except a person registered as her or his
employer at the time the sales associate
performed the act or rendered the service for
which the commission or compensation is due.
19. As set forth above, Respondent violated Section
475,42(1)(d), Florida Statutes, by requesting and accepting
deposits in connection with a real estate brokerage transaction
in a name other than the employer.
Document in Unnamed
FDBPR v. Cory Austin Levy Case No, 2011-013762
Administrative Complaint
20. Based on the foregoing, Respondent violated Section
475.42(1)(d), Florida Statutes, by accepting deposits in a name
other than that of his employer.
WHEREFORE, Petitioner respectfully requests the Florida Real
Estate Commission enter an order imposing one or more of the
following penalties: suspension or permanent revocation of
Respondent(s) license(s), restriction of practice, imposition of an
administrative fine, issuance of a reprimand, placement of
Respondent(s) on probation, corrective action, assessment of costs
related to the investigation and prosecution of the case, and any
other relief that the Commission deems appropriate.
SIGNED this 28TH day of November , 2011,
KEN LAWSON, Secretary
Department of Business and
Professional Regulation
Andrew Rubin Fier
By: Andrew Rubin Fier
Assistant General Counsel
Florida Bar No. 84985
Office of the General Counsel
1940 N. Monroe St.
Tallahassee, FL 32312
(850) 488-0062 - Telephone
PCP Date: 11/14/2011
PCP MEMBERS: Chip Boring/John D Ruffier
Document in Unnamed 5
FDBPR v. Cory Austin Levy Case No. 2011-013762
Administrative Complaint
NOTICE TO RESPONDENT (S}
PLEASE BE ADVISED that mediation under Section 120.573
of the Florida Statutes, 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 allowed
by law, a hearing to be conducted in this matter in accordance
with Sections 120.569 and 120.57 of the Florida Statutes; 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.
Document in Unnamed
Docket for Case No: 12-000066PL
Issue Date |
Proceedings |
Oct. 29, 2012 |
Transmittal letter from Claudia Llado forwarding the Depositions of Detective Luis Alsina, Sari Jacob, Francis Jacob, along with Petitioner and Respondent's proposed exhibits, to the agency.
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Oct. 25, 2012 |
Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
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Oct. 25, 2012 |
Joint Motion to Close File and Relinquish Jurisdiction filed.
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Oct. 24, 2012 |
Order on Respondents` Motions in Limine and Petitioner`s Motion to Quash.
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Oct. 24, 2012 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 24, 2012 |
Notice of Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 23, 2012 |
Deposition of Francis Jacob filed.
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Oct. 23, 2012 |
Deposition Detective Luis Alsina filed.
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Oct. 23, 2012 |
Deposition of Sari Jacob filed.
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Oct. 23, 2012 |
CASE STATUS: Motion Hearing Held. |
Oct. 22, 2012 |
Notice of Respondents' Proposed Exhibits (filed in Case No. 12-001223PL).
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Oct. 22, 2012 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 22, 2012 |
Notice of Petitioner's Proposed Exhibits filed.
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Oct. 22, 2012 |
Order Denying Continuance of Final Hearing.
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Oct. 22, 2012 |
Petitioner's Motion to Quash Subpoenas and for Protective Orders filed.
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Oct. 19, 2012 |
Petitioner's Response to Respondents' Motions in Limine filed.
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Oct. 17, 2012 |
Respondent Goldman's Motion in Limine (filed in Case No. 12-001223PL).
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Oct. 16, 2012 |
Joint Pre-hearing Stipulation filed.
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Oct. 15, 2012 |
Respondent Cory Levy's Motion in Limine filed.
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Oct. 15, 2012 |
Certificate of Service (by US Mail for Petitioner's Motion Objecting) filed.
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Oct. 12, 2012 |
Petitioner's Objection to Respondent's Good Faith Motion to Continue Final Hearing and for Enlargement of Time to Conduct Additional Discovery filed.
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Oct. 12, 2012 |
Good Faith Motion to Continue Final Hearing and for Enlargement of Time to Conduct Additional Discovery filed.
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Sep. 18, 2012 |
Re-notice of Taking Deposition (of S. Jacob and F. Jacob) filed.
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Sep. 05, 2012 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 26, 2012; 9:00 a.m.; Lauderdale Lakes, FL).
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Sep. 04, 2012 |
Petitioner's Unilateral Pre-hearing Statement filed.
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Sep. 03, 2012 |
Motion for Enlargement of Time to Conduct Discovery and Final Hearing (filed in Case No. 12-001223PL).
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Aug. 28, 2012 |
Notice of Appearance (Joshua Kendrick) filed.
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Aug. 23, 2012 |
Notice of Taking Deposition (of L. Alsina, S. Jacob, and F. Jacob) filed.
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Jul. 06, 2012 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 11, 2012; 9:00 a.m.; Lauderdale Lakes, FL).
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Jul. 06, 2012 |
Order of Consolidation (DOAH Case Nos. 12-0066PL and 12-1223PL).
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Jul. 05, 2012 |
Joint Motion to Continue July 23, 2012 Administrative Hearing filed.
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May 16, 2012 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for July 23, 2012; 9:00 a.m.; Lauderdale Lakes, FL).
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May 16, 2012 |
Order on Motion to Consolidate and Continue.
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May 02, 2012 |
Petitioner's Motion to Consolidate and Continue filed.
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Mar. 16, 2012 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 25, 2012; 1:00 p.m.; Lauderdale Lakes, FL).
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Mar. 15, 2012 |
Agreed Motion to Continue Administrative Hearing filed.
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Jan. 18, 2012 |
Notice of Hearing by Video Teleconference (hearing set for April 3, 2012; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
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Jan. 18, 2012 |
Order of Pre-hearing Instructions.
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Jan. 09, 2012 |
Joint Response to Initial Order filed.
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Jan. 06, 2012 |
Initial Order.
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Jan. 05, 2012 |
Addendum to Option (1) Election of Rights Disputing Allegations in Administrative Complaint filed.
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Jan. 05, 2012 |
Election of Rights filed.
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Jan. 05, 2012 |
Agency referral filed.
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Jan. 05, 2012 |
Administrative Complaint filed.
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Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |