ORDERS:
CONSENT ORDER
This matter is before the Administrative Law Judge Division pursuant to S. C. Code Ann.
§§1-23-600(D) and 40-57-220 (Supp. 1995). The following Motions were heard before me on
August 1, 1996: (1) Motion of David J. Mills, Attorney for Appellant, filed with the Court on
July 23, 1996, to be relieved as counsel for Appellant in the above-captioned case; and (2) Motion
to Dismiss filed with the Court on May 10, 1996, by John A. Birgerson, Attorney for Respondent.
Upon consent of Appellant and Respondent at the beginning of the motion hearing, Mr. Mills was
relieved as Counsel for Appellant. Appellant then proceeded pro se.
Based upon mutual agreement, the parties have consented to dismissal of this appeal with the
following stipulations:
1. On March 5, 1993, Appellant pled guilty to and was convicted of money laundering and
wire fraud in United States District Court.
2. Money laundering and wire fraud are crimes of moral turpitude.
3. Pursuant to S.C. Code Ann. § 40-57-170(A)(10) and (16) (Supp. 1995), the South
Carolina Real Estate Commission revoked Appellant's real estate license by Order dated
August 22, 1995, because of the two convictions of crimes of moral turpitude.
4. The provisions of the Real Estate Commission's Order were effective thirty (30) days
from the date the Order was served upon Appellant, pursuant to S.C. Code Ann. §
40-57-200 (Supp. 1995).
5. Appellant was served by mail with the Real Estate Commission's Order on or about
September 6, 1995.
6. Appellant is currently a party in litigation pending in federal court in an attempt to have
the March 5, 1993 pleas and convictions overturned.
7. If Appellant's federal convictions are overturned, the Real Estate Commission shall
reinstate Appellant's broker-in-charge license, and the August 22, 1995 Order of the Real
Estate Commission revoking the license shall be void ab initio.
8. Unless and until the March 5, 1993, convictions against Appellant are overturned, the
Order of the Real Estate Commission dated August 22, 1995 and effective September 6,
1995, will remain in full force and effect.
9. Regardless of the status or outcome of the pending federal litigation, Appellant is eligible
to reapply for a license with the South Carolina Real Estate Commission on or after
October 7, 1996, subject to the provisions of S.C. Code Ann. § 40-57-230 (1986).
IT IS THEREFORE ORDERED that pursuant to the above stipulations, the above-captioned
case bearing Docket Number 96-ALJ-11-0165-AP is hereby dismissed.
AND IT IS SO ORDERED.
_____________________________ Dated: 8/20/96
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
I CONSENT:
_________________________________
Willie Williams, Jr.
Appellant
Dated: 8/12/96
I CONSENT:
__________________________________
John A. Birgerson
Attorney for Respondent
Dated: 8/15/96 |
