WCNYH

Warehouseman Application Denied for Conviction of Disqualifying Felonies, Fraud, Deceit and Misrepresentation on Application and Drug Use

December 21, 2022

Following a hearing before an Administrative Law Judge (ALJ), the Commission denied the application of Herppy Garcia, 37, of Haledon, New Jersey, as a warehouseman based upon two (2) disqualifying offenses on his criminal record as well as a multitude of arrests and instances of fraud, deceit, or misrepresentation, each of which made his presence a danger to the public peace of safety of the waterfront. Garcia had submitted an Application for Longshoreman Registration in May 2021, but on that application he falsely answered several questions:

1. He falsely indicated that he had only been arrested once in his life, when he had actually been arrested several times in his life, including convictions for Theft (N.J.S.A. § 2C:20-3), Possession of a Controlled Dangerous Substance (to wit: marijuana) with Intent to Distribute within 1000 Feet of a School (N.J.S.A. § 2C:35-7), Driving while Under the Influence of Alcohol (N.J.S.A. § 39:4-50(G)(1)).
2. He falsely indicated that his driver’s license had never been suspended.
3. He falsely indicated that he had never been disciplined in any manner by an employer, when he had actually been terminated from multiple employers.
4. He falsely indicated that he had never been committed to a prison, reformatory, penitentiary, or other institution, when he had previously served four (4) years in prison upon a criminal conviction in 2003.
5. He falsely indicated that he did not know anyone he believed or knew was a member or associate of an organized crime group, but later admitted during his Article IV interview that he was aware of a friend and co-defendant, whom he knew to be a gang member.
6. He falsely indicated that that he had never tried, used, or experimented with a controlled substance, but later admitted during his Article IV interview that he had previously used “MDMA,” otherwise known as ecstasy.

Garcia continued his dishonestly about his drug use during his Article IV interview under oath, when he denied ever using cocaine in his life, when a subsequent drug test found him to be positive for cocaine. Following the hearing, the ALJ found that the Commission established each of the charges set forth in the Notice of Hearing by a preponderance of the evidence. Accordingly, the ALJ recommended denial of Garcia’s application which the Commission followed.