Fraudulent Use of PE Stamp!
Fraudulent Use of PE Stamp!
(OP)
My husband is a civil/mechanical P.E. Last week a developer in a nearby city called to question some HVAC plans bearing my husband's stamp. The project was unfamiliar to him. After listening to a general description by the developer, it became apparent that "someone" cut my husband's stamp off a set of plans, glued onto their own drawing, made copies and submitted to the City for approval. The developer is angry because the design is flawed and failing (imagine that). The guy overnighted the drawing to our office-low and behold-it was forged.
The perpetrator filled in areas of the signature that extended beyond the actual area of the seal and dated the document. The forged stamp also included an added exterior circle in order to disguise the area where the stamp was cut from another set of plans.
Has anyone else ever been through this experience? What kind of action did you take? We have notified the NM Board of P.E.'s and have found the contractor that provided the plans. They provided the name of a gentleman that supposedly works for our firm (we've never heard of the guy) who hand delivered the plans to their office.
The contractor's attorney contacted us today stating that she would advise her client to cooperate with us and answer our questions (such as the phone number & address of the guy that represented our firm and handed over the actual drawing to their office) ONLY if we agreed not to press criminal charges. Interpretation: Her client is guilty-he wanted to collect his contractor's fee and the fee paid for the services of a consulting engineer.
The perpetrator filled in areas of the signature that extended beyond the actual area of the seal and dated the document. The forged stamp also included an added exterior circle in order to disguise the area where the stamp was cut from another set of plans.
Has anyone else ever been through this experience? What kind of action did you take? We have notified the NM Board of P.E.'s and have found the contractor that provided the plans. They provided the name of a gentleman that supposedly works for our firm (we've never heard of the guy) who hand delivered the plans to their office.
The contractor's attorney contacted us today stating that she would advise her client to cooperate with us and answer our questions (such as the phone number & address of the guy that represented our firm and handed over the actual drawing to their office) ONLY if we agreed not to press criminal charges. Interpretation: Her client is guilty-he wanted to collect his contractor's fee and the fee paid for the services of a consulting engineer.





RE: Fraudulent Use of PE Stamp!
You might want to contact the city involved or other people would would reasonably be expected to come across the fraudulent seals.
You might check if you have grounds for any kind of civil action against them (unlikely, I would think).
RE: Fraudulent Use of PE Stamp!
I don't think you would be in a position to press any charges anyway (I'm not an attorney so don't bank on that) but you can file a complaint to the board and most state boards do jump all over these things rather diligently.
RE: Fraudulent Use of PE Stamp!
RE: Fraudulent Use of PE Stamp!
RE: Fraudulent Use of PE Stamp!
Good luck!
RE: Fraudulent Use of PE Stamp!
You may want to start with the state PE board, but don't stop there. Fraud and forgery are criminal offenses no matter what. Go to the DA with this one.
RE: Fraudulent Use of PE Stamp!
RE: Fraudulent Use of PE Stamp!
RE: Fraudulent Use of PE Stamp!
One more thing - Encourage your local Public Works departments to accept ONLY wet seals with wet signatures - at least on the front page.
Here in the St. Louis area - they started this at least 20 years ago and that pretty much cut out this crap..
Yes - my seal has been "stolen"
RE: Fraudulent Use of PE Stamp!
I'd make sure and get your own lawyer involved, probably before you go to the police.
It's amazing how you can be in a situation where you're 100% sure you're in the right and the other party is breaking the law and it gets turned around by the police so that you are at least sharing the blame, if not made the main culprit. Trust me I've seen it.
KENAT, probably the least qualified checker you'll ever meet...
RE: Fraudulent Use of PE Stamp!
Had you stamped the drawing and then burned it so no one could ever copy it, that would have prevented the fraud. I'm sure the contractor can read ashes.
--Scott
http://wertel.eng.pro
RE: Fraudulent Use of PE Stamp!
--Scott
http://wertel.eng.pro
RE: Fraudulent Use of PE Stamp!
KENAT, probably the least qualified checker you'll ever meet...
RE: Fraudulent Use of PE Stamp!
--Scott
http://wertel.eng.pro
RE: Fraudulent Use of PE Stamp!
The license that we carry is a legal privilege that the state bestows on individuals who meet the criteria. We don't own the seal/license.
In this case, a mis-use of a seal is not some sort of violation of the engineer's rights or "property" but solely a violation of a state law and mis-use of a state privilege.
No tort is going on here as our original poster most likely can't show that there was injury....other than possibly some sort of harm to reputation. - and that is hard to prove.
What I guess I'm getting at is that if someone uses my seal, or someone else's seal wrongly, and I am made aware of it, I should just notify the board that someone has misused the STATE's license. It's not MY license in terms of property or ownership. It's the state's problem not mine.
The engineer has no standing to bring suits and probably doesn't need a lawyer unless the state is getting confused and starts going after you - thinking you were the one who mis-used the stamp - but that isn't the situation here.
RE: Fraudulent Use of PE Stamp!
Jsut because it's not our stamp does not negate the crime.
It's in your care and custody. Someone missusing it is commiting a crime. It's no different than if they stopped you on the street, held a gun on you and demanded your money.
TUGGERTOO
The local prosecuter may be to busy to handle the case but if it's fraud the board will generally see that it's prosecuted.
Once the board finds that he has broken the rules you can file a civil action and have a good chance of winning. After a criminal conviction your chances go up.
I would see a lawyer now. You may want to start a suit just to keep him hiding assets. Name the contractor as well.
Like I said the guys no differnt than a mugger. I'de hang him high. I would go for his house, car, dog and first born child. Ditto for the contractor.
"He who steals my purse steal trash, he who steals my good name steals all."
RE: Fraudulent Use of PE Stamp!
swertel, I didnt' actually mean from the point of view that no one but engineers understands us/what we do. I actually meant that in many areas of the law/cases the victim/innocent party can end up being treated as a suspect. Been there, done that, plan on avoiding it again.
KENAT, probably the least qualified checker you'll ever meet...
RE: Fraudulent Use of PE Stamp!
RE: Fraudulent Use of PE Stamp!
No so.
It's a criminal act. The first step is allways a criminal complain filed with the police department or sheriff. whatever follows is up to the the DA or attorney general of the state.
If you go to any of the others the first question they usually ask is "Did you file a police report?"
RE: Fraudulent Use of PE Stamp!
Since most probably this will have implications, I would protect myself. I don't think that you just can hand this to your state's ruling body and wash your hands. Expect some backlash to you.
RE: Fraudulent Use of PE Stamp!
I didn't say it negated the crime. Where did you get that idea?
Here are some excerpts from the Texas engineering laws:
§ 1001.552. Criminal Penalty
(a) A person commits an offense if the person:
...
(3) presents or attempts to use as the person’s own the license or seal of another
...
(b) An offense under this section is a Class A misdemeanor.
§ 1001.554. Presentation of Complaints by Board; Assistance at Trial
(a) A member of the Board may present to a prosecuting officer a complaint relating to a violation of this chapter.
§139.1 General
The Board will conduct inquiries into situations which allegedly violate the requirements of the Texas Engineering Practice Act (Act) …
SUBCHAPTER B: COMPLAINT PROCESS AND PROCEDURES
§139.11 Complaints - General
(a) The Board shall initiate or receive and investigate a complaint against a license holder or other person who may have violated the Act or Board rules.
§139.17 Investigating a Complaint
(a) The Board staff shall be responsible for investigating the complaint including determining the need for and obtaining any additional evidence that may be required to proceed with disciplinary action.
§139.19 Final Resolution of Complaint
(a) Upon the completion of an investigation, the Board staff shall present to the executive director a report of investigation and recommendation of final resolution of the complaint. If sufficient evidence and documentation exists to substantiate one or more violations of the Act or Board rules has occurred, the Board shall proceed as prescribed in §139.31 of this chapter (relating to Enforcement Actions for Violations of the Act). These actions may include, but are not limited to, one or more of the following:
(1) enter into an agreement of voluntary compliance;
(2) agree to informal consent order or agreed Board order with administrative penalty and compliance requirement;
(3) referral of injunctive or criminal actions to the proper authorities;
(4) referral of a final order to the State Office of Administrative Hearings; or
(5) other action as provided by law.[/u][/b]
So the process is:
1. Engineer discovers a possible violation of the engineering laws of their state
2. Engineer notifies the Board of Engineers of the violation.
3. The Board then takes action per their laws and rules (as in the Texas example above)
4. After researching the claim, the Board may handle the case with license suspensions, etc. OR forward the case to the state for prosecution.
Nowhere do we as engineers get lawyers and sue other engineers for their violations of the state engineering laws. That's my whole point.
RE: Fraudulent Use of PE Stamp!
True- but fraud and conspiracy is covered in criminal statues. If you run over someone in your car the DMV will take your drivers license and may fine you under an adminstrative power. The DA may put you in the slammer for manslaughter.
The family of the person you ran over may bring a civil action against you.
RE: Fraudulent Use of PE Stamp!
The case bounced between the association and the Crown for a long time because the Crown insisted that it was a case of engineering practice and hence the Associations mandate and the association claimed that it was fraud and the Crown’s responsibility.
The case was in limbo for so long that by the time the Crown accepted responsibility for the case the guilty party was nowhere to be found and the case was dropped.
Rick Kitson MBA P.Eng
Construction Project Management
From conception to completion
www.kitsonengineering.com
RE: Fraudulent Use of PE Stamp!
Sure it may make the Police think you have something to hide but they'll probably think that anyway, at least with a lawyer you have someone on your side who understands the system better.
KENAT, probably the least qualified checker you'll ever meet...
RE: Fraudulent Use of PE Stamp!
I would assume Tuggertoo has a lawyer. Most people would on a business that size.
The situation she described could do a lot of dammage. It's the same as someone breaking in and throwing gasoline all over, or stealing her idenity and withdrawing all the companies cash.
I know people don't like lawyers but they can help and hurt. What if the project get's built with a fradulent stamp? The building catches fire or falls down, Tuggertoo will probably get sued. Right or wrong, win or loose, she spend a lot of money and time. Her lawyer can help or now or the other peoples lawyer will try to hurt her later.
RE: Fraudulent Use of PE Stamp!
What I don't agree with is that the engineer whose seal was used should get a lawyer and file charges. It's the Board of Engineers in the state that should be taking this sort of action.
RE: Fraudulent Use of PE Stamp!
1) There is a procedural problem which the Board of Professional Regulation needs to address. This may fall under the umbrella of practicing engineering without a license or representing yourself as a licensed engineer, albeit fraudulently.
2) Fraud in representing something as work evaluated by an engineer that was not so evaluated.
3) Conspiracy in that I believe the contractor knows more than we have currently in evidence.
4) Identity theft in that this fellow is stealing your identity.
5) I believe there are damages for loss of billable work. This job, if requireing a PE, is liost work to whomever would have received the work. The most obvious claiment to this work would be the firm represented by the fraudulent drawings.
I believe I would contact the board about the issue to give them the original complaint. Then I would talk to a lawyer at church to see if I should contact the police or DA immediately or if I should retain counsel before contacting the police. I can tell you that unless my legal counsel said I would likely never collect the damages, I would go full on for all the charges I could. If the shoe were on the other foot, lawyers and doctors wouldn't stand for a second for any of this crap. Could you imagine the consequence of writing a letter and signing it as a lawyer, accepting payment, and then getting caught? How about writing a perscription, signing it as a doctor, and getting paid? As soon as you remember someone was paid for these sealed drawings, it takes on a new dimension.
RE: Fraudulent Use of PE Stamp!
The engineer shouldn't file charges. He should file a police complaint for the record and notify the board.
He should go to his lawyer and say here's what happened and here is what I am doing.
The lawyer may say you have done the right thing or he may say something like "You also need to file a fraud complaint with the State Attorney General". It's uncharted territory for most people, so it's wise to get a little advise.
RE: Fraudulent Use of PE Stamp!
I am a practicing engineer from Albuquerque and I sympathize with you. This is not only a crime against the people of New Mexico in general, but it is also a crime against your husband. His reputation is being degraded and you should sue when you uncover the rat responsible.
Unfortunately, you may have a lot of trouble getting the district attorney to prosecute the underlying fraud charge. We had a bookkeeper who imbezzled over $30,000 from our small firm a few years ago. The APD investigated (half-heartedly) and when they turned it over to the DA, he declined to prosecute because it was not a great deal of money and he had other priorities (according to him). It was a great deal of money to us, as it almost ruined us. Just another example of our good old boy government here in NM. Good luck.
Timelord
RE: Fraudulent Use of PE Stamp!
I'm saying cover your a$$ by at least talking to your lawyer first. I doubt the lawyer will say don't report it but he may have some input on what to say/how to say it.
In this case the hours or at most day delay it should take to talk to a lawyer are not likely to cause much further damage.
KENAT, probably the least qualified checker you'll ever meet...
RE: Fraudulent Use of PE Stamp!
Reporting to the board is a separate action. You of course shoud report this to the board.
As far as I understand, the board does not deal with compensation, or civil or criminal actions - those rest with the courts and police.
So, I would suggest:
- get your lawyer involved,
- file with the police
- file with the board
- don't talk to the other party without your lawyer
- start legal actiona as soon as your lawyer suggest
Good luck.
"Do not worry about your problems with mathematics, I assure you mine are far greater."
Albert Einstein
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RE: Fraudulent Use of PE Stamp!
RE: Fraudulent Use of PE Stamp!
woodengineer
RE: Fraudulent Use of PE Stamp!
Timelord-I wonder if we know each other??!! We are in ABQ too!
RE: Fraudulent Use of PE Stamp!
In both instances, I reported the details to the State board and they "handled" the matter. Censures only which made me mad, but I did inform other engineers in the area I am familiar with, and who the individual will have to deal with in the future.
Makes you feel violated, like having a burgler in your home, but with increased liability.
I would check with a lawyer if you try to pursue any monetary compensation here. With compensation comes liability, and you mentioned that the system failed. I realize that this logic is a reach, but you cannot be too careful. Courts make wierd decisons.
It would be nice if these individuals, by law, would lose, permanently, any business license, bond, or other state licensure for such behavior. I guess that comes with complaints to the legislature, lots and lots of complaints. Just a thought.
Mike McCann
McCann Engineering
RE: Fraudulent Use of PE Stamp!