WCNYH

Maintenance Man Applicant Denied For Fraud, Deceit Or Misrepresentation

April 11, 2022

The application of Angel Bautista-Alevante (“Bautista”), 32, of Jersey City, New Jersey, as a maintenance man was denied by the Commission following an administrative hearing before an Administrative Law Judge (ALJ). Bautista was charged in a Notice of Hearing with having committed two counts of fraud, deceit or misrepresentation on his Request for Prequalification by failing to list all of his arrests and by failing to list all his employment in the last ten (10) years. On his Prequalification Request, Bautista listed one arrest; however, the Commission proved he had been arrested on four occasions. In addition, Bautista failed to list all his employment within the last ten years by omitting two computer businesses that he owned and operated and from which he derived income. Bautista acknowledged his ownership of these businesses during a sworn interview with the Commission. Bautista also admitted during that interview that he failed to declare his income from those businesses on his federal and state tax returns. As a result, the ALJ found that Bautista had committed fraud, deceit or misrepresentation and that as a result, along with his failure to declare all his income for tax purposes, his presence in the Port of New York district would constitute a danger to the public peace or safety. Accordingly, the ALJ recommended that his application as a maintenance man be denied. The Commission followed the ALJ’s recommendation