CHARLES WINKELMAN, APPELLANT,
v.
THE DEPARTMENT OF BANKING AND FINANCE, APPELLEE
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Florida appellate court affirmed revocation of securities registration where the two-year statute of limitations does not apply to administrative proceedings and the registrant's guilty plea to tax fraud involving moral turpitude adequately supports revocation.
A securities registrant's conviction for willfully assisting in preparation of a false income tax return, involving moral turpitude, adequately supports revocation of registration in administrative proceedings where the two-year statute of limitations under the Florida Securities Act does not apply.
[1] The two-year statute of limitations under Florida Statutes § 95.11(4)(e) does not apply to administrative proceedings for revocation of securities registration.
[2] A conviction of a crime involving moral turpitude adequately supports revocation of a securities registrant's license in administrative proceedings.
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Join FLexlaw to unlock all legal intelligenceCharles Winkelman was registered as an associated person under the Florida Securities and Investor Act. He pleaded guilty to willfully assisting in th…
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PER CURIAM.
We affirm the order of the Comptroller of the State of Florida and Head of the Department of Banking and Finance revoking the registration of Charles Wink-elman as an associated person under the Florida Securities and Investor Act upon holdings that (1) Section 95.11(4)(e), Florida Statutes (1987), the two-year limitations period which controls violations of the Florida Securities Act, is not applicable to these administrative proceedings, see Farzad v. Department of Professional Regulation, 443 So. 2d 373 (Fla. 1st DCA 1983); Landes v. Department of Professional Regulation, 441 So. 2d 686 (Fla. 2d DCA 1983); Donaldson v. State Department of Health and Rehabilitative Services, 425 So. 2d 145 (Fla. 1st DCA 1983); see generally Canney v. Board of Public Instruction, 278 So. 2d 260 (Fla.1973); and (2) Winkelman’s conviction upon his plea of guilty to willfully assisting in the preparation of a false income tax return in violation of 26 U.S.C. § 7206(2) is the conviction of a crime which involves moral turpitude and as such adequately supports the revocation of his license. See State ex rel. Florida Bar v. Evans, 94 So. 2d 730 (Fla.1957); State ex rel. Tullidge v. Hollingsworth, 108 Fla. 607, 146 So. 660 (1933). See also Demoura v. City of Newark, 90 N.J.Super. 225, 217 A. 2d 19 (App.Div.1966).
We have considered Winkelman’s other points on appeal and reject them without discussion.
AFFIRMED.
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Hames v. The City of Miami Firefighters' & Police Officers' Tr., 980 So. 2d 1112 (Fla. 3d DCA 2008)…dministrative disciplinary proceedings. See Sarasota County v. Nat’l City Bank of Cleveland, Ohio, 902 So. 2d 233 (Fla. 2d DCA 2005); Ong v. Dep’t of Prof'l Regulation, 565 So. 2d 1384, 1386 (Fla. 5th DCA 1990); Winkelman v. Dep’t of Banking & Fin., 537 So. 2d 591, 592 (Fla. 3d DCA 1988); Farzad, 443 So. 2d at 375; Landes v. Dep’t of Prof'l Regulation, 441 So. 2d 686, 686 (Fla. 2d DCA 1983). A disciplinary proceeding conducted pursuant to chapter 120 seeks to determine whether a penalty ought to be imposed up…
Authorities Cited
- Canney v. Bd. OF Pub. Instruction OF Alachua Cnty., 278 So. 2d 260 (Fla. 1973)
- State v. Hollingsworth, 108 Fla. 607 (Fla. 1933)
- State v. Evans, 94 So. 2d 730 (Fla. 1957)
- Alam Farzad, M.D. v. Dep't OF Prof'l Reg., 443 So. 2d 373 (Fla. 1st DCA 1983)
- Donaldson v. State, 425 So. 2d 145 (Fla. 1st DCA 1983)
- Landes v. Dep't OF Prof'l Reg., 441 So. 2d 686 (Fla. 2d DCA 1983)