Two Barred from Waterfront for Fraud, Deceit and Misrepresentation on their Applications.
January 10, 2017
Today, the Commission accepted the withdrawal with prejudice of a Warehouseman applicant and denied a Pier Superintendent’s application – both for fraud, deceit and misrepresentation on their applications.
In the first matter, the Commission unanimously voted to accept the withdrawal with prejudice of Bernard Wimbush, 36, of Linden, NJ for longshoreman’s registration as a warehouseman.
In his application, Mr. Wimbush indicated that he had been arrested only once before for weapons possession. However, in fact, Wimbush had five additional arrests, including for weapons possession, aggravated assault, and marijuana possession. Wimbush also failed to disclose his prior drug use in his application, despite later admitting to a daily use of marijuana during two separate time periods. The failure to disclosure such material facts on his application showed clear fraud, deceit, and misrepresentation against the Commission.
Mr. Wimbush was instructed to take a drug test based upon his prior marijuana use, but refused and instead opted to withdraw his application with prejudice, which the Commissioners accepted.
In the second matter, the Commission denied the application of Krenar Zhuta for a Pier Superintendent’s license. Zhuta, 31, of Wayne, NJ, was found by the Commission to lack the good character and integrity required of a pier superintendent and of committing fraud, deceit and misrepresentation when he failed to indicate on his application and in an Article IV interview, under oath, that he had been arrested for the possession of marijuana in Ringwood, NJ in 2003. In addition, Zhuta falsely indicated on his application and in an Article IV interview that he had never used illegal drugs later admitting that he had in fact used marijuana on a number of occasions. After a hearing the Administrative Law Judge noted that the position of pier superintendent is one of great responsibility, which is why the Waterfront Commission Act requires that pier superintendents meet the higher standard of good character and integrity. In recommending the application be denied the ALJ found, that based on the evidence presented, the applicant did not meet this standard. The Commission agreed with the ALJ and denied Zhuta’s Pier Superintendent application.