Appraiser distances himself from Crisp, Cole
| Thursday, Jan 14 2010 04:41 PM
Last Updated Thursday, Jan 14 2010 04:43 PM
An attorney for appraiser Kirksey J. "Mark" Newton Jr. has asked an administrative law judge not to admit into evidence a copy of the California Department of Real Estate's revocation of the licenses of former real estate agents David Crisp and Carl Cole.
The request came on day four of an administrative law hearing to determine if Newton should keep his appraiser's license. Judge Samuel Reyes deferred a ruling on the objection until Jan. 25, when the hearing will continue.
Attorney Ernest Price objected when California Deputy Attorney General Gillian Friedman tried to have the disciplinary information added to the official record of the proceedings, calling it an irrelevant attempt to taint his client by association.
In 2007, the FBI and IRS raided 13 local sites, including Newton's office, associated with now defunct real estate firm Crisp, Cole & Associates. Newton had done appraisal work for the company.
Both agents lost their real estate licenses in 2008. Neither has been charged criminally, but they are under federal investigation for mortgage fraud and three of their associates have accepted plea deals in exchange for cooperating with authorities.
Friedman argued that the information on Crisp's and Cole's licenses was relevant.
"Seven of the accusations involve the same clients who are parties to this disciplinary action," she said. "Whether Mr. Newton was willingly involved with them or whether that was something that was happening without his knowledge, certainly that will be his argument, but the fact of the matter is it was happening."
Reyes pointed out that there is nothing in the state's accusation against Newton at this time that is related to any larger conspiracy, but said he would defer a ruling on the matter pending testimony from Newton, who has yet to take the stand.
The state Office of Real Estate Appraisers is attempting to revoke Newton's license, accusing him of writing or signing off on appraisals that were misleading and unsupported by sales prices for comparable properties.
Newton declined a request for an interview on the advice of his attorney, who said it would be inappropriate to comment until the hearing is over.
The judge granted a joint motion to move the hearing from Bakersfield to Los Angeles to accommodate the schedules of the judge and attorneys, none of whom is based in Kern County. The hearing resumes 9 a.m. Jan. 25 at the Office of Administrative Hearings, 320 W. Fourth St., Los Angeles.
