Port Watchman Application Denied for Fraud Deceit and Misrepresentation
April 19, 2021
The Commission denied the Application for Port Watchman License of Jeffrey DeJesus, 20, of Bayonne, New Jersey, following a hearing before an Administrative Law Judge (ALJ) in January and February 2021.
The ALJ found that DeJesus had committed fraud, deceit or misrepresentation on his Port Watchman Application submitted to the Commission in September 2019, by falsely denying that he had never used, tried or experimented with a controlled substance, including marijuana and by also falsely attesting to the truthfulness of the statements made in his Application. In addition, the ALJ found that DeJesus committed fraud, deceit or misrepresentation during a sworn interview with Commission counsel in which he again falsely claimed that he had never used marijuana.
According to the ALJ, the evidence at the hearing established that DeJesus submitted to a urine test twelve days after he submitted his Application to the Commission, and which was found by the testing laboratory to contain marijuana metabolite. An expert called by the Commission at the hearing showed that DeJesus had used marijuana very recently with respect to when he was tested, “from one to three days up to several weeks for a chronic user.” Accordingly, the ALJ found that DeJesus had committed fraud, deceit or misrepresentation, a ground for denial of an Application. Moreover, by committing fraud, deceit or misrepresentation, the ALJ determined that DeJesus also lacked good character and integrity, the standard for a Port Watchman in the Port of New York district “whose job will entail protecting property” and “is considered a sensitive position.” Thus, the ALJ recommended that the Commission deny his Application for Port Watchman License.