Findings Of Fact Stuart Jacobs is a registered real estate salesman holding registration certificate No. 0161986 as a non-active real estate salesman. See EXHIBIT 1, Affidavit of C. B. Stafford. Stuart Jacobs first applied for registration with the Florida Real Estate Commission on March 16, 1976, which was received by Florida Real Estate Commission on March 17, 1976. See EXHIBIT 2, Affidavit of C. B. Stafford. In answer to Question No. 6, Jacobs answered "Yes," and explained in the space provided as follows: "1. Traffic offenses (accident) 2. Charged with grand larceny but no conviction of record." On or about July 20, 1976, Mr. Robert J. Corda, investigator for Florida Real Estate Commission, contacted Stuart Jacobs and arranged to meet with Jacobs to discuss Jacobs' response to Question No. 6, specifically as it related to Jacobs' having been charged with grand larceny. Shortly thereafter a meeting was held between Corda and Jacobs and at that meeting Jacobs prepared .and submitted another application. The original of that application was produced at the hearing from Mr. Corda's file which was received as EXHIBIT 7. Also produced from the Florida Real Estate Commission's file at the hearing was a letter dated July 22, 1976 from Mr. Jacobs to Mr. Corda, which was received as EXHIBIT 6. Mr. Corda was fully advised of Mr. Jacobs' status at the meeting and of the facts behind Jacobs' trial by letter. Jacobs was found guilty of the criminal charges but adjudication was withheld. See EXHIBIT 3, Criminal Information #CR74-2526; EXHIBIT 4, Jury Verdict finding Jacobs guilty of the offense charged in Information #CR74-2526; and EXHIBIT 5, Order Withholding Adjudication of Guilt and Placing Defendant on Probation. Jacobs was registered by the Florida Real Estate Commission effective September 4, 1976, as a non-active salesman, two and one half months after this interview and correspondence with Corda.
Recommendation There being absolutely no evidence of fraud, misrepresentation or concealment by Jacobs which resulted in his registration as a real estate salesman, the Hearing Officer recommends no action be taken against the license of Stuart Jacobs. DONE and ORDERED this 10th day of March, 1977, in Tallahassee, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Richard J. R. Parkinson, Esquire Associate Counsel Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Ralph V. Hadley, III DAVIDS, BENSON & HADLEY, P.A. Post Office Box 1312 Winter Garden, Florida 32787
Findings Of Fact Based on the stipulations of the parties, on the exhibits received in evidence, and on the testimony of the witnesses at the hearing, I make the following findings of fact. 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 Section 20.30, Florida Statutes, Chapters 120, 455, and 475, Florida Statutes, and the rules promulgated pursuant thereto. Respondent is now and was at all times material hereto a licensed real estate broker in the state of Florida having been issued license number 0223671 in accordance with Chapter 475, Florida Statutes. The last license issued was as a broker, t/a Sunshine Express Realty, 300 S. Pine Road 262, Fort Lauderdale, Florida 33324. On or about November 22, 1983, an information was filed in the Circuit Court of the 17th Judicial Circuit, Broward County, Florida, charging Respondent with one count of insurance fraud by false or fraudulent claim in violation of Section 817.234, Florida Statutes; and two counts of grand theft in the first degree, in violation of Sections 812.014(1)(a), 812.014(1)(b), and 812.014(2)(a), Florida Statutes. On March 27, 1985, a verdict was rendered which found Respondent guilty of one count of insurance fraud by false or fraudulent claim, and two counts of grand theft in the first degree. The Court adjudged Respondent guilty of one count of insurance fraud by false or fraudulent claim in violation of Section 817.234, Florida Statutes, and two counts of grand theft in the first degree in violation of Section 812.014(1)(a), Florida Statutes. The Court thereupon sentenced Respondent to a prison term of eighteen months in state prison to be followed by a term of five years of probation. The Respondent does not appear to be possessed of the mental skills necessary to be the master-mind behind a complex fraud scheme, nor has he demonstrated a tendency to be devious, shrewd, calculating, or cunning. To the contrary, the Respondent appears to be gullible and vulnerable to being taken advantage of, which tendencies may account for the circumstances which led to his conviction. The Respondent enjoys an excellent reputation in spite of his criminal convictions and probably would not be a danger to the real estate community if he were allowed to keep his license. The quality of the Respondent's reputation is reflected by the fact that in spite of his convictions, he is currently employed in another broker's real estate company and holds the positions of vice president and head of the commercial department. With the exception of the incident which led to his convictions, the Respondent appears to have demonstrated a high degree of honesty and integrity in his personal and business dealings. The Respondent has excellent teaching skills in the field of real estate and is probably one of the better technicians in the field of real estate.
The Issue The issue is whether the Petitioner, Walter L. Jordan, (Jordan) is entitled to licensure as a real estate salesman in the State of Florida. Petitioner presented his own testimony. Respondent, Department of Professional Regulation, Florida Real Estate Commission, (Commission) had two exhibits admitted in evidence. The transcript of the proceedings was filed on November 18, 1987. At hearing the parties agreed to file proposed orders within ten days of the filing of the transcript The Commission's proposed order was filed on December 2, 1987, and is therefore untimely. Jordan has failed to file a proposed order. Accordingly, while the Commission has filed a proposed order, it has not been considered and no rulings will be made on the Commission's proposed findings of fact.
Findings Of Fact Jordan filed an application for a real estate salesman's license on or about February 14, 1987. In that application, Jordan acknowledged an arrest and conviction for possession of marijuana on February 12, 1976; an arrest and conviction for possession of a firearm in October, 1983; an arrest for aggravated assault in October, 1983, which was allegedly withdrawn by the prosecuting authority; and an arrest and conviction for breach of peace and disorderly intoxication in April, 1984. Based upon these convictions, the Commission denied Jordan's application by letter dated August 27, 1987. Jordan acknowledges these arrests and convictions, but does not believe he should be disqualified from licensure based on "two misdemeanors and one adjudication withheld." Further Jordan testified that it [the convictions] "doesn't prove I'm the best character in the world, but that's no real mar on my character, I wouldn't assume." Jordan presented no evidence of rehabilitation except that he worked for a company named Hubbard from June, 1986, to December, 1986; he was self- employed or unemployed from December, 1986, to April, 1987; he has worked for his father doing construction work since April, 1987; and he is the father of four children that he is taking care of alone.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Real Estate Commission enter a Final Order denying Walter L. Jordan's application for licensure as a real estate salesman. DONE AND ENTERED this 8th day of December, 1987, in Tallahassee, Leon County, Florida. DIANE K. KIESLING Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of December, 1987. COPIES FURNISHED: Mr. Walter L. Jordan 3225 Rosselle Street Jacksonville, Florida 32205 Lawrence S. Gendzier Department of Professional Regulation Fla. Real Estate Comm. 400 West Robinson, Room 212 Orlando, Florida 32801 Tom Gallagher, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Harold Huff, Executive Director Department of Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, Florida 32801
Findings Of Fact Respondent has been a licensed real estate broker salesman in the State of Florida at all times material hereto having been issued license number 0158288 in accordance with Chapter 475, Florida Statutes. On June 10, 1985 a Recommended Order was entered by the undersigned Hearing Officer in Division of Administrative Hearings Case Number 85-0118 concerning Respondent, which recommended that "a Final Order be issued suspending Respondent's license for a period of two (2) years and imposing an administrative fine in the amount of one thousand dollars ($1,000)." On July 16, 1985 the Florida Real Estate Commission entered a Final Order imposing the penalty against Respondent which had been recommended by the undersigned Hearing Officer in Division of Administrative Hearings Case Number 85-0118. The Final Order provided further that, "This Order shall be effective thirty (30) days from the date of filing, with the Clerk of the Department of Professional Regulation." The Final Order was filed with the Clerk of the Department of Professional Regulation on July 24, 1985. To date, Respondent has not paid the $1,000 fine imposed by the Florida Real Estate Commission in Division of Administrative Hearings Case Number 85- 0118. Petitioner contends that Respondent was required to pay the $1,000 fine within thirty (30) days of entry of the Final Order, referenced above. Rule 21V-10.31, Florida Administrative Code, imposes a thirty-day time limit for the payment of fines imposed by the Florida Real Estate Commission from the date of imposition by order of the Commission.
Recommendation Based upon the foregoing, it is recommended that a Final Order be issued revoking Respondent's license-number 0158288. DONE AND ENTERED this 24th day of November, 1986 in Tallahassee, Florida. DONALD D. CONN 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 24th day of November, 1986. APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-0989 Rulings on Petitioner's Proposed Findings of Fact: Adopted in Findings of Fact 1 and 3. Adopted in Findings of Fact 3 and 4. COPIES FURNISHED: Susan Hartman, Esquire Department of Professional Regulation 400 West Robinson Street Orlando, Florida 32802 Roy Ahringer 232 Harmony Avenue Lake Placid, Florida 33852 Harold Huff Executive Director Division of Real Estate 400 West Robinson Street Orlando, Florida 32802 Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Wings S. Benton, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact Respondent, Richard C. Lightner, was at all times material hereto a licensed real estate broker in the State of Florida having been issued license number 0408120. The last license issued to Respondent was as a broker, with a home address of 1221 Duval Street, Key West, Florida 32040. Respondent, or a representative on his behalf, did not appear at the hearing to refute or otherwise contest the allegations contained in the Administrative Complaint.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: The Department enter a Final Order revoking Respondent's Real Estate brokers license. DONE and RECOMMENDED this 29th day of July, 1988, 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 4th day of August, 1988. COPIES FURNISHED: James H. Gillis, Esquire Department of Professional Regulation, Division of Real Estate 400 West Robinson Street P. O. Box 1900 Orlando, Florida 32802 Raymond O. Bodiford, Esquire 515 Whitehead Street Key West, Florida 33040 Darlene F. Keller, Executive Director Department of Professional Regulation Division of Real Estate 400 West Robinson Street P. O. Box 1900 Orlando, Florida 32802 William O'Neil General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER ================================================================= FLORIDA STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION REAL ESTATE COMMISSION DEPARTMENT OF PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE Petitioner vs. Case No. 0154510 DOAH No. 87-3668 RICHARD C. LIGHTNER III Respondent /
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the charges against Respondent, Linda N. Phillips, be DISMISSED. DONE and ENTERED this 16th day of October, 1981, in Tallahassee, Florida. DONALD R. ALEXANDER 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 16th day of October, 1981.
The Issue Whether Dorothy M. Azar answered Question 6 on her application incorrectly with the intent to obtain her license by fraud, misrepresentation or concealment.
Findings Of Fact Dorothy M. Azar is a registered real estate saleswoman holding License No. 0164341 issued by the Florida Real Estate Commission. Azar applied for licensure initially on June 7, 1976. See Exhibit 1, pages 1 and 2. Azar subsequently reapplied on August 24, 1976. This application was stamped received by the Florida Real Estate Commission on August 27, 1976. Azar was arrested on June 9, 1976 pursuant to the Information filed by Robert Eagan, State Attorney, Ninth Judicial Circuit, State of Florida, which charged Azar with a violation of Florida Statute 812.021 and alleged that she took, sold or carried away property; to wit: clothing, the property of Robert Kleinmann as custodian and of a value of more than One Hundred Dollars ($100.00) with the intent to permanently deprive Kleinmann of the clothing. This criminal information was received as Exhibit 2. When Azar completed her second application on August 25, 1976, no action had been taken on the criminal charges pending against her. On or about this date, according to her testimony, she went from Lehigh Acres, Florida, to the Florida Real Estate Commission Offices in Winter Park, Florida, to review the examination which she had taken and failed in July. While there, she filled out her second application, pages 3 and 4 of Exhibit 1. According to her testimony, Azar was very rushed because her review appointment was for only one hour and she had arrived late. She stated that prior to her review she was given an application to fill out and that she did not even read the questions but copied her answers from her first application. She further testified that she had at first copied her old address in Orlando on the second application, correcting it to her new address in Lehigh Acres in the margin of the application. See page 3, Exhibit 1. On September 8, 1976, the Florida Real Estate Commission made a check of any arrests of Azar as indicated by the annotation on the second application under Question 6. On November 30, 1976, Azar entered a plea of no contest to the charge of attempted grand larceny and adjudication was withheld. See the Court Minutes, Exhibit 3, and the testimony of Azar. On November 15, 1976, the Florida Real Estate Commission issued Azar her license as a registered real estate saleswoman. The answers to Questions 4 and 5 on the second application filed by Azar differ slightly from the answers given to those questions on her first application. Although Azar testified that she did not read the questions on the second application but recopied her answers from her first application, the fact that the entries on the second application to Questions 4 and 5 differ from those on the first application indicates that Azar at least read the two questions preceding Question 6. This fact and the content of Question 6 lead to the conclusion that Azar did read Question 6. Further, an arrest on a charge of Grand Larceny within the preceding ninety days would be sufficiently memorable for Azar to recall when prompted by reading Question 6. Having determined, that Azar did in fact read Question 6 and would have remembered her arrest, one must conclude that Azar knowingly did not correctly answer Question 6 and therefore intended to conceal her arrest.
Recommendation The Hearing Officer, based upon the foregoing Findings of Fact and Conclusions of Law, recommends that the Florida Real Estate Commission revoke the registration of Dorothy N. Azar as a registered real estate salesman with leave for Azar to immediately refile her application. DONE and ORDERED this 12th day of August, 1977, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Frederick H. Wilsen, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 E. G. Couse, Esquire 2069 First Street, Suite 202 Post Office Drawer 1686 Fort Myers, Florida 33902
Findings Of Fact During times material to the allegations of the administrative complaints filed herein, the Respondents were registered real estate salesmen in the employ of Theodore Dorwin, a registered real estate broker, and at all times material herein, Darwin was the active firm member broker for Intermart, Inc. Raymond Lewis, a salesman employed by Dorwin during the period December, 1975 through mid February, 1976, as a real estate salesman, was initially employed by Florida Landowners Service Bureau. During mid February, 1976, he testified that the name Florida Landowners Service Bureau was changed to Intermart, Inc., and that approximately during this period, he left the employ of Intermart, Inc. He testified that the offices were situated on northwest 79th Street, which consisted of a large room containing six cubicles where salesmen manned the telephones in the cubicles during the hours of approximately 6:00PM through 10:30PM during week days and during the early afternoon and evening hours on weekends. Salesmen were given lead cards which were apparently compiled from the county tax rolls from which a list was given containing out of state landowners. Employees, based on a "pitch" card called out of state land owners to determine their interest in selling their property. He described the procedure as a "front" when an out of state landowner was called to determine interest in selling their land. The "close" procedure was a method whereby those property owners who had displayed some interest in selling their properties were mailed a packet of materials which, among other things, contained a listing agreement. Salespersons were compensated approximately $100 to $125 for each listing secured by an executed listing agreement which in most instances represented approximately one third of the listing fee. During the course of a normal day, salesmen would contact approximately thirty landowners and they would be given estimates of the prospective selling price of their land based on the location of the property and the length of time that the owner had held it. The testimony of Lewis, which is representative of that given by later witnesses including Jeffrey Barker, August Graser, David Cotton and Henry Halar (all salesmen employed by Dorwin) reveals that property owners were called to determine their interest and if interest was noted, follow-up calls would be made after a packet of materials was sent to interested landowners. After a listing arrangement was obtained, salesmen were compensated by payment of an amount representing approximately one-third of the listing fee. In the case of a listing fee obtained by two or more salespersons, the fee (commission) was divided according to the number of salespersons instrumental in obtaining the listing. Each salesman who testified indicated that they made no guarantee that a sale would be consummated within a definite period nor were they familiar, in any particulars, with the brokerage efforts to sell the properties of owners who listed their property with Intermart. Theodore Dorwin, the active firm member broker for Intermart, Inc., was subpoenaed and testified that he had no copies of the records which were subpoenaed showing the operations of Intermart, Inc. In this regard, Raymond Lewis also testified that he had no corporate records respecting Intermart. Both witnesses testified that all corporate records of Intermart had been subpoenaed and were in the custody of the Attorney General for more than one year. Dorwin refused to give any testimony respecting the operational workings of Intermart, Inc., based on fifth amendment self incrimination grounds. The Commission's counsel took the position during the course of the hearing that Mr. Dorwin had waived any and all fifth amendment rights or privileges by virtue of having personally testified in a similar matter before the Florida Real Estate Commission in a proceeding undertaken to revoke or suspend his license as a real estate broker. Having voluntarily taken the stand in that proceeding, the Commission concludes that he is not now entitled to any fifth amendment protections. As evidence of Mr. Dorwin's having voluntarily taken the stand in the prior proceeding, excerpts of the testimony from that proceeding was introduced into evidence. (See FREC Exhibit number 8). Having considered the legal authorities and the arguments of counsel, the undersigned is of the opinion that testimony given by a party in a separate proceeding to which the Respondents were not party to and of which the Respondents had no notice of cannot serve in lieu of evidence on which findings of fact can be based to substantiate allegations pending in the instant case. To do so, would possibly leave open the door for highly prejudicial and damaging testimony to which the Respondents here had no opportunity to rebut, cross examine or otherwise explain, all of which is inherently destructive of their basic rights, fairness and fundamental due process. The cases of Hargis v. FREC 174 So.2d 419 and Vann, 85 So.2d 133 are not deemed inapposite to the conclusion reached here. The fact that the State's Attorney General is currently conducting an investigation into the operations of Intermart makes clear that the possibility of criminal action or other sanctions exist (e.g. tax problems). For these reasons, I conclude that Dorwin's testimony in a prior proceeding, amounts to no waiver of his constitutional privilege. For these reasons, exhibit number 8 will not be considered as evidence herein. Having so concluded, the record is barren of any evidence, hearsay or otherwise, which would tend to establish in a competent and substantial manner, that the Respondents herein had engaged in conduct alleged as violative of Chapter 475.25, Florida Statutes.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is: RECOMMENDED that the administrative complaints filed herein be dismissed in their entirety. RECOMMENDED this 18th day of October, 1977, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675
The Issue Whether the Respondent's real estate license should be disciplined because the Respondent has been found guilty of a crime which directly relates to the activities of a licensed real estate salesman or involves moral tupitude or fraudulent or dishonest dealing.
Findings Of Fact Based on the evidence presented at hearing, the following facts are determined: At all times pertinent to the charges, the Respondent was a licensed Florida real estate salesman having been issued license number 0400199 in accordance with Chapter 475, Florida Statutes. The license issued during all times material to the facts alleged in the Administrative Complaint was as salesman, % Emerson Realty Group of Volusia County, Inc., 322 Silver Beach Avenue, Daytona Beach, Florida 32018. The Respondent, in the United States District Court, Middle District of Florida, entered a plea of guilty to one count of filing a false tax return, a felony, whereupon on October 17, 1988, the Respondent was sentenced to a period of probation and fined $2,500. Via letter dated October 31, 1988, the Respondent's attorney timely notified the Petitioner of the felony charges, plea and disposition. In mitigation, Respondent testified and his exhibits indicate that Respondent's former wife was the office manager and book keeper until 1983. Respondent did not prepare the income tax return for which he entered his plea, his former wife did so. He relied on his former wife's competency and goodwill in preparing all documents relating to his main business, the pest control business. She reported the errors on his income tax returns to the Internal Revenue Service out of spite and greed (in hopes of collecting a 10% reward). The basis for the conviction of filing a false tax return did not involve a real estate transaction. Respondent has no prior convictions for any other crime.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, and the evidence of the record, including the contents of the several exhibits received into evidence, it is, therefore: RECOMMENDED that the Respondent William Lea be found guilty of having violated Subsection 475.25(1)(f), Florida Statutes (1987) as charged in the Administrative Complaint. It is further: RECOMMENDED that Respondent William Lea receive a reprimand, an administrative fine of $400.00. DONE and ENTERED this 27th day of June, 1989 in Tallahassee, Florida. DANIEL M. KILBRIDE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of June, 1989. APPENDIX The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's Proposed Recommended Order: Paragraphs 1 - 3. Accepted Respondent's Proposed Recommended Order: Respondent did not submit separate findings of fact. COPIES FURNISHED: STEVEN W. JOHNSON, ESQUIRE SENIOR ATTORNEY DPR - DIVISION OF REAL ESTATE 400 W. ROBINSON STREET P.O. BOX 1900 ORLANDO, FLORIDA 32802 HARRISON SLAUGHTER, ESQUIRE 56 EAST PINE STREET, SUITE A ORLANDO, FLORIDA 32801 DARLENE F. KELLER, DIVISION DIRECTOR DIVISION OF REAL ESTATE 400 W. ROBINSON STREET POST OFFICE BOX 1900 ORLANDO, FLORIDA 32802 KENNETH E. EASLEY, GENERAL COUNSEL DEPARTMENT OF PROFESSIONAL REGULATION NORTHWOOD CENTRE 1940 NORTH MONROE STREET SUITE 60 TALLAHASSEE, FLORIDA 32399-0792
Findings Of Fact Respondent has been a registered salesman with the Commission since November 2, 1972. On or about June 14, 1979, Respondent submitted to the Commission an application for registration as a salesman which contained the following questions: 17. (a) Has any license, registration or permit to practice any regulated profession, occupation or vocation been denied, revoked, annulled or suspended in this or any other state, province, district, territory, possession or nation, upon grounds of fraudulent or dishonest dealing or violations of law; or is any proceeding now pending? (b) Have you ever resigned or withdrawn from, or surrendered, any license, registration or permit to practice any regulated profession, occupation or vocation, while such charges were pending? Respondent responded negatively to both the above quoted questions on his application form. In reliance on these statements, the Commission registered the Respondent as a real estate salesman on November 22, 1972. Prior to his submission of an application for registration as a Florida real estate salesman, Respondent had been a practicing attorney in the State of New York. In the course of his practice of law, Respondent had been investigated by the Brooklyn Bar Association and charged with defrauding clients of proper shares of settlements; failing to maintain a special escrow account, and commingling personal funds with those of his clients; giving false testimony before a Grievance Committee of the Brooklyn Bar Association; failing to obtain court approval of infants' settlements; filing numerous retainer and closing statements which he knew to contain false information; failing to file retainer and closing statements with the Judicial Conference; grossly neglecting the prosecution of clients' cases; concealing the infancy of clients and failing to have guardians appear for infants in court action; representing conflicting interests; and engaging in systematic solicitation of negligence cases. While the above-mentioned charges were pending, Respondent submitted his resignation as a member of the Bar of the State of New York, effective February 1, 1971. Respondent's resignation was accepted by the Appellate Division of the Supreme Court of the State of New York by Opinion issued March 1, 1971. On February 24, 1970, Respondent applied for membership in the Florida Bar. In his application for membership in the Florida Bar, Respondent answered falsely to an inquiry concerning whether any charges or complaints, formal or informal, had ever been made or filed, or proceedings instituted against him while practicing law in any other jurisdiction. Subsequently, Respondent's license to practice law in Florida was revoked by Opinion of the Florida Supreme Court dated July 21, 1971.
