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ANTHONY J. PIVIROTTO v. COMMONWEALTH PENNSYLVANIA (02/16/89)

decided: February 16, 1989.

ANTHONY J. PIVIROTTO, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, STATE REAL ESTATE COMMISSION, RESPONDENT



Appeal from the Order of the State Real Estate Commission, in the case of: In the Matter of the Real Estate Broker's License No. RB-026244-A and Real Estate Salesperson's License No. RS-057974-A, issued to Anthony J. Pivirotto, File No. 85-RE-123.

COUNSEL

James E. McLaughlin, for petitioner.

Steven Wennberg, Assistant Counsel, with him, Joyce McKeever, Chief Counsel, and Velma A. Boozer, Chief Counsel, Department of State, for respondent.

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

Author: Colins

[ 123 Pa. Commw. Page 453]

Anthony J. Pivirotto (petitioner) petitions for review of an order of the State Real Estate Commission (Commission) which revoked petitioner's real estate broker's and real estate salesperson's licenses.*fn1 We affirm.*fn2

In September of 1984, petitioner and a co-defendant were indicted for mail fraud in the United States District Court for the Western District of Pennsylvania (District Court). This indictment charged petitioner and his business partner with utilizing the United States mails from August, 1973, until June, 1980, in order to defraud investors of Safeguard Investment Co. (Safeguard), a residential mortgage loan company, of which petitioner was President and a stockholder. The indictment charged

[ 123 Pa. Commw. Page 454]

    further that subsequent to Safeguard's filing of a bankruptcy petition in April, 1980, the two men caused it to incur additional debts and also effected the transfer of its assets to themselves.

On April 12, 1985, petitioner pled nolo contendere to thirty-four counts of mail fraud and one count of bankruptcy fraud in District Court. On December 16, 1985, the Commission issued an Administrative Complaint and Order to Show Cause why petitioner's licenses should not be suspended or revoked. This complaint charged that petitioner's plea of nolo contendere established his violation of Section 604(a)(14) of the Real Estate Licensing and Registration Act (Licensing Act), Act of February 19, 1980, P.L. 15, as amended, 63 P.S. § 455.604(a)(14).*fn3 The Commission's complaint also charged that because petitioner had been convicted of a felony, his licenses were subject to suspension or revocation pursuant to Section 9124(c)(1) of the Criminal History Record Information Act, 18 Pa. C.S. § 9124(c)(1).

A formal evidentiary hearing was held on February 27, 1986, before Commission Hearing Examiner Alfred Pelaez and Daniel K. Lamb, a member of the Commission. Petitioner was not in attendance due to his incarceration in a federal correctional facility in the State of Indiana. However, petitioner's counsel did present, as mitigating evidence, the testimony of six character witnesses on behalf of petitioner. The hearing was continued to allow petitioner the opportunity to obtain a prison furlough and testify before the Commission.

By letter dated July 18, 1986, petitioner's counsel indicated that by agreement of ...


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