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VINCENT E. FUMO v. COMMONWEALTH PENNSYLVANIA (10/03/84)

decided: October 3, 1984.

VINCENT E. FUMO, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, STATE REAL ESTATE COMMISSION, RESPONDENT



Appeal from the Order of the Pennsylvania State Real Estate Commission in the case of In The Matter of the Suspension or Revocation of Real Estate License No. R.B.-005426-A, issued January 8, 1930, to Vincent E. Fumo.

COUNSEL

Robert Scandone, for petitioner.

Joseph S. Rengert, Counsel, with him, James J. Kutz, Assistant Counsel, and David F. Phifer, Chief Counsel for respondent.

Judges MacPhail, Colins and Palladino, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 85 Pa. Commw. Page 388]

Vincent E. Fumo (Petitioner) appeals here from an order of the State Real Estate Commission (Commission), dated March 17, 1981, which revoked his real estate salesman's license.

Petitioner had been licensed by the Commission since January 8, 1930. On June 28, 1976, Petitioner pleaded guilty in the United States District Court for the Eastern District of Pennsylvania to:

1) 28 counts of making false statements in connection with a savings and loan corporation acting under the laws of the United States in violation of Section 1006 of Title 18 U.S.C.;

2) 28 counts of misapplying funds of a savings and loan corporation acting under the laws of the United States in violation of Section 657 of Title 18 U.S.C.; and

3) 1 count of conspiring to commit an offense against the United States in violation of Section 371 of Title 18 U.S.C.

On September 21, 1979, more than three years later, the Commission issued a citation and notice of hearing. An evidentiary hearing was held on December 4, 1979 at which evidence of Petitioner's guilty plea was introduced. Based on this evidence, the Commission determined that Petitioner had violated Sections 10(a) and 11(b) of the Real Estate Brokers License Act of 1929, Act of May 1, 1929, P.L. 1216, as amended,*fn1 63

[ 85 Pa. Commw. Page 389]

P.S. ยงยง 440(a)*fn2 and 441(b),*fn3 and ordered that his real estate ...


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