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"THE CREDENTIAL"
September 2022
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Moonlighters Convicted of Forgery and Identity Theft |
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This month our guest author, J. Kent Holland, Jr., Atty., ConstructionRisk, Counsel, PLLC teaches us about professional licensing, forgery, identity theft and moonlighting. |
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Moonlighters convicted of Forgery and Identity Theft for Unlawfully Using Engineering Seal and Signature of Employer.
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An unlicensed architect worked as an architectural designer for an engineering firm for eight years. Another individual worked as an engineering draftsman for the firm for almost 20 years. He had a civil engineering degree but never passed the professional engineering test to become a licensed engineer. His work for the firm therefore had to be overseen by a licensed engineer. He became so proficient at his job that he earned the title "Project Engineer" and was allowed to bring in his own clients to the firm. At some point these two individuals began moonlighting - bringing in clients, performing engineering services and stamping the plans with the seal of the engineer that owned the firm. They completed 20 projects and eventually were found out, prosecuted, convicted and sentenced to serve time in jail and pay restitution.
People v. Rodriquez, 71 Cal. App, 5th 921 (2021).
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One defendant was convicted of 238 counts, and the other was convicted of 193 counts for forgery and identity theft that occurred over a six-year period. At trial, it was determined that the firm's employer never gave permission to the individuals to use his engineering stamp. It was also determined that the employer didn't discover the crime until so late that the defendants argued the four-year statute of limitations period had run out and the case must be dismissed. |
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The trial court and appellate court concluded that the statute of limitations had not expired because of the "discovery rule." The employer (victim) did not discover the crime until late, and through reasonable diligence he had no reason to have discovered it earlier. The courts concluded that the Limitations period was not triggered until the actual discovery of the crime in 2014 and the defendants were properly charged with the crimes.
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The defendants argued that instead of being charged with a separate crime for each and every page of plans that they stamped over the years, they should have been charged with at most only 20 counts because that was the total number of projects involved. They argued that an entire set of plans, even though stamped on each page, was only a single document for which they could be charged. The courts rejected that argument and held that each individual page of the plans constituted a separate "document," which under state statute could be charged with a separate count of forgery and identity theft. |
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Moonlighting can create significant potentially uninsurable risk for a company. All employees should be advised against engaging in such practice, even if the individuals are licensed professionals and have their own engineering stamps. |
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This article is published in ConstructionRisk Report, Vol.24, No.4 (May 2022). |
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About the author: Kent Holland Jr., a construction lawyer with a national practice, represents design professionals, contractors and project owners. He can be reached at Kent@ConstructionRisk.com. |
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Forgery, identity theft, unlawful use of an engineering seal and an employer signature may sound shocking and intricately complicated. However, due diligence in terms of business ownership and operation in the A/E/C community is paramount. The Credential follows important issues like this as part of our comprehensive monitoring of challenges affecting the industry. We stay current with modifications to credentialing requirements in more than 50 jurisdictions allowing you and your firm to focus on what you do best -- design, engineering and construction.
Our credentials management services (individual and business) are exclusively developed for A/E/LA professionals. We offer consistent value and expertise providing you time and cost savings that can be effectively converted to billable project hours. Please contact us at 913-608-7880 for a free consultation session, send us a message, or visit AECredentialing.com
for more detailed information. |
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Contact Details:
LS Credentialing Services LLC
WBE Certified
P.O. Box 91
Olathe, KS 66051
Lexi@AECredentialing.com
913-608-7880
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Join us in our efforts to go "green".
Think before you print. |
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NOW DELIVERING:
Professional legal services for business credentials compliance including:
1.
Existing corporate credentials registration compliance review
2.
Corporate credentials quarterly maintenance
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Corporate credentials documents filing
4.
Potential new corporate
registration legal research with recommendations
Your questions and critical issues will be addressed with quality professional service when you call 913-608-7880.
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Architects:
Jurisdiction License Renewal Due
10/2022
Michigan
11/2022
Illinois
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Engineers:
Jurisdiction License Renewal Due Date
10/2022
None
11/2022
Illinois -SE
________________
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Landscape Architects: Jurisdiction License Renewal Due Date
10/2022
None
11/2022
None
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If your license renews on your date of birth this month, or by state requirement when your license origination occurred, or any other jurisdiction imposed requirement, it's time to renew.
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Contact us to receive a sample custom monthly
credentials report containing:
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1.
All A/E/LA national and international licensure status with renewal dates
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Professional affiliation membership types with renewal dates
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Current multi-discipline continuing education requirements needed
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Comprehensive recorded history of categorized education credits
Learn more about our innovative and easy-to-use service at: AECredentialing.com.
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