SWIFT Steps Up Criminal Referrals
During the first five months of the current fiscal year (July through November 2014), SWIFT investigators performed 1,628 proactive investigation at active jobsites to verify license and workers compensation insurance compliance. SWIFT investigators conducted an average of 14 investigations per month each with 673 or 44% resulting in a legal action. 338 of the legal actions were referred to criminal prosecution.
Revoked Contractor Associating with Licensed Wife Receives 180 Days in Jail
Dean Wallie Dominguez had his contractor’s license revoked in March 2002 for multiple violations stemming from four consumer complaints. Then, in May 2006, Dominguez was convicted of contracting without a license and felony diversion of construction funds and was sentenced to prison for two years. In March 2008, an individual contractor’s license was issued to Dominguez’ wife, Mollie Jean Maness, dba M J Maness Construction.
Dominguez, representing himself as the owner of M J Maness, obtained a $153,000 contract in November 2010 to renovate a fitness center in San Francisco. The fitness center owners did not have any contact with Mollie Maness; work on the project was performed and coordinated entirely by Dominguez. When the owners questioned the progress and quality of the work and refused to advance additional funds to Dominguez, the project was abandoned after more than $110,000 had been paid ($104,686 being direct payments to Dominguez / M J Maness Construction). During the investigation, Mollie Maness acknowledged that her husband negotiates and signs all contracts, hires subcontractors and oversees construction projects while her role in the business is limited to doing paperwork. The matter was referred to accusation for violations that include section 7121 for associating with a revoked contractor in a capacity other than as a non-supervising bona fide employee. An appeal was filed and is pending the scheduling of a hearing.
Staff also made a referral to the San Francisco DA’s office requesting criminal prosecution against Dean Dominguez for violating section 7121.6 (a revoked contractor acting for or on behalf of a licensed contractor other than as a bona fide non-supervising employee). On November 24, 2014, Dominguez plead no contest and was sentenced to 5 years court probation, 180 days county jail, payment of investigative costs of $2,289.09 to the CSLB, statutory fine of $4,500, restitution of $104,686 (disgorgement), prohibition from contracting without a license and obey all laws. Prison realignment is resulting in more jail sentences rather than state prison incarceration.