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PHILIP INVERSO v. COMMONWEALTH PENNSYLVANIA (04/16/80)

decided: April 16, 1980.

PHILIP INVERSO, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, STATE REAL ESTATE COMMISSION, RESPONDENT



Appeal from the Order of the State Real Estate Commission in case of In Re: In the Matter of the Suspension or Revocation of Real Estate Salesman's License No. 20227, issued May 3, 1951 to Philip Inverso.

COUNSEL

John J. D'Angelo, Bank, Minehart & D'Angelo, for petitioner.

Kenneth E. Brody, Assistant Attorney General, with him Charles L. Ford, Chief Counsel and Edward G. Biester, Jr., Attorney General, for respondent.

Judges Crumlish, Jr., Wilkinson, Jr. and Mencer, sitting as a panel of three. Opinion by Judge Mencer. President Judge Bowman did not participate in the decision in this case.

Author: Mencer

[ 50 Pa. Commw. Page 556]

This appeal is from an order of the State Real Estate Commission (Commission), dated November 1, 1978, revoking the real estate saleman's license issued to Philip Inverso (Inverso).

Pursuant to citation and notice, the Commission held a hearing on May 30, 1978, at which it was established that, on October 12, 1976, Inverso had pleaded guilty in the United States District Court for the Eastern District of Pennsylvania to 34 counts of submitting false statements to a federally insured depository, in violation of Section 1014 of Title 18, U.S.C., one count of criminal conspiracy to defraud an agency of the United States, in violation of Section 371 of Title 18, U.S.C., and two counts of failing to file tax returns, in violation of Section 7203 of Title 26, U.S.C.

Based on the evidence introduced at the hearing, the Commission determined that Inverso's guilty plea to the first two above enumerated offenses placed him in violation of Section 11(b) of the Real Estate Brokers License Act of 1929, Act of May 1, 1929, P.L. 1216, as amended (Act), 63 P.S. § 441(b),*fn1 and that Inverso

[ 50 Pa. Commw. Page 557]

    had engaged in conduct in connection with a real estate transaction which demonstrated bad faith and dishonesty, in violation of Section 10(a)(7) of the Act, 63 P.S. § 440(a)(7),*fn2 and ordered that his real estate salesman's license be revoked.

Our scope of review requires that we must affirm an order of the Commission which revokes a real estate salesman's license when it is supported by substantial evidence and where the Commission has not committed an error of law or abused its discretion in the imposition of the penalty. Yingling v. State Real Estate Commission, 8 Pa. Commonwealth Ct. 556, 304 A.2d 524 (1973).

Inverso contends that the Commission's evidence was insufficient to support its findings of fact and conclusions of law that he was in violation of Sections 10(a)(7) ...


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