Appeal from the Order of the Pennsylvania State Real Estate Commission in the Matter of the Suspension or Revocation of the Licenses to Do Business as Sherwood Realty Company and to Practice as a Real Estate Salesman of License Nos. RB-01 8106-A and RS-072640-A, Issued June 16, 1959 and March 6, 1972, Respectively to Samuel B. Ginsberg and Paul E. Justice, File No. 78-RE-1251.
Alan M. Bredt, of Joseph H. Weiss Associates, for petitioner.
Joseph S. Rengert, Assistant Attorney General, with him James J. Kutz, Chief Counsel and Harvey Bartle, III, Attorney General, for respondents.
Judges Rogers, MacPhail and Palladino, sitting as a panel of three. Opinion by Judge MacPhail.
[ 55 Pa. Commw. Page 256]
This is an appeal by Samuel B. Ginsberg (Petitioner) from an Adjudication and Order of the Pennsylvania State Real Estate Commission (Commission) dated December 10, 1979 revoking Petitioner's license as a real estate broker pursuant to Section 10(a)(1), (3), (7), and 11(b) of the Real Estate Brokers License Act (Act).*fn1
On September 25, 1978 the Petitioner pled guilty in the United States District Court, Eastern District
[ 55 Pa. Commw. Page 257]
of Pennsylvania, to twelve counts of submitting false statements to the United States Department of Housing and Urban Development in violation of 18 U.S.C. § 1010 and one count of conspiracy in violation of 18
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U.S.C. § 371. These crimes were committed in his capacity as a real estate broker and are within the scope of Section 11(b) of the Act.
At the hearing before the Commission, the Commonwealth produced as evidence a certified copy of Petitioner's guilty plea. Petitioner was given an opportunity to challenge the validity of the Commonwealth evidence. Petitioner's license was revoked. Petitioner filed a Petition for Review with this Court.
Petitioner alleges that he was denied due process in the revocation of his license pursuant to the statutory provision mandating such revocation when the licensee has been convicted or has pled guilty to one ...