Surety Fund Decisions
Case # S-29-001, Smart v. Burden
Commission adopted the Administrative Law Judge’s recommendation to deny Jeffery Smart's surety fund claim. Mr. Smart did not prove by preponderance of the evidence that he suffered losses as a result of fraud, misrepresentation, deceit, conversion of trust funds or community association accounts against licensee Carl Burden.
Case # S-29-005 Martin v. Briley
Commission adopted the Administrative Law Judge’s recommendation that Mary Martin did not meet her burden of demonstrating that she has suffered losses in a real estate transaction as a result of fraud, misrepresentation, deceit or the conversion of trust funds or the conversion of community of association accounts against licensee E. Roy Briley. The claim was denied.
Case # S-21-004 Dyer v. Gartin & Harvey
Commission adopted the Hearing Officer’s recommendation that the claimant, Richard and Barbara Dyer, filed their claim after the two-year limit and did not show that Mr. Harvey is estopped from relying on the time limit. The claim was dismissed.
Case # S-23-012 Palmer v. Beaulieu
Commission adopted the Hearing Officer’s recommendation that the claimants, Paul and Carol Palmer, did not meet the burden of proof to establish that Dean Beaulieu engaged in deceit, fraud or intentional misrepresentation. The claim was denied.
Case # S-24-006 Roberts v. Gunawan
Commission adopted the Hearing Officer’s recommendation that claimants John and Cathleen Roberts lacked possessory interest in trust funds and did not meet the burden of proof to establish that licensee Tristi Gunawan engaged in conversion under AS 08.88.460(a)
Case # S-28-002, Devlin v. Radvansky
The Commission adopted the Administrative Law Judge’s recommendation that the claimant did not meet the burden of proof to establish that Marty Radvansky intentionally misrepresented facts in connection with a proposed real estate transaction. Claim was denied.
Case # S-28-003, DuBois v. Dowd
The Commission adopted the Administrative Law Judge’s recommendation that the claimant did not prove fraud, misrepresentation, deceit or conversion of trust funds. Claim was denied.
Case # S-28-007, Duncan v. Crawford & Garrison
The Commission adopted the Administrative Law Judge’s recommendation that the respondent’s motion for summary adjudication be granted and the surety fund claim filed by the Duncan’s be dismissed.
Case # S-28-008, Frazier v. Dowd
The Commission adopted the Administrative Law Judge’s recommendation that David Dowd did conduct fraud and misrepresentation that resulted in loss to the Frazier’s, exceeding $15,000. The Surety Fund claim in the amount of $15,000 was granted.
Case # S-28-010, Johnson v. Adams
The Commission adopted the Administrative Law Judge’s recommendation to deny this Surety Fund claim due to an untimely filing and failure to prove fraud, misrepresentation, deceit, or conversion of trust funds.
Case # S-29-004 Thomson v. Ribelin
The Commission adopted the Administrative Law Judge’s recommendation that there was no evidence that licensee, Ginger Ribelin, knowingly misrepresented the relevant facts to Mr. Thomson. There was no basis for a claim against the surety fund. The claim was denied.
