Council suspends Biddeford pawn shop’s license - Oct. 27, 2011

By David Harry
Staff Writer

A Biddeford pawn shop owner whose business license was suspended for 30 days should appreciate the second chance he was given, City Council President Bob Mills said Tuesday.
Gregg Frame, who represented Biddeford Pawn and Loan owner Daniel Sylvester AT Monday’s City Council administrative hearing, said the vote was “unprecedented” and “gave plenty of grounds for appeal.”
Sylvester, 23, of Arundel, was summonsed for improper record keeping last week after an Oct. 19 sting operation conducted by Biddeford police and York County Sheriff’s Office detectives allegedly caught him buying jewelry he knew was stolen. Biddeford Pawn and Loan is located at 119 Main St., Suite 107, across the street from Biddeford City Hall.
Biddeford Police Chief Roger Beaupre and Biddeford Detective Robert Perkins told councilors Sylvester has been charged with Class C receiving stolen property by the York County Sheriff’s Office, but Maj. William King of the sheriff’s office said Sylvester has been charged only with a Class E count of failing to maintain proper records.
King said the investigation could lead to more charges against Sylvester.
Councilors voted 6-3 in favor of the 30-day license suspension at the shop. Councilors James Emerson, Clement Fluerent and David Bourque opposed the suspension because they favored a harsher penalty.
“In essence, this is a second chance the city has given him,” Mills said.
Sylvester’s license expires Dec. 31, but he can reapply, a procedure that requires a public hearing and council vote.
Perkins and Biddeford Detective Sgt. Peter Mador said the sting operation came after Biddeford resident Nathan Poland offered cooperation in helping solve a rash of local burglaries since August.
Beaupre told councilors there have been more than 40 burglaries since late summer and Poland and an accomplice have been charged in two of them. He said the suspects are thought to be involved in at least 15 break-ins.
Biddeford police arrested Poland and Jesse Seward Oct. 3 on Alfred Street, Perkins said. When arrested, Poland was allegedly carrying a bag with items stolen from a Vine Street home in Biddeford.
Allegations that Sylvester knowingly bought stolen gold jewelry came after interviews with Poland by York County Detective Sgt. Michael Hayes at York County Jail in Alfred, according to Perkins’ report.
Hayes then contacted Biddeford police to set up the joint sting operation, where Poland recorded a sale at Biddeford Pawn and Loan with gold jewelry provided by the sheriff’s office, Perkins said.
While Poland entered the shop, detectives waited outside, making visual contact as Sylvester allegedly paid $500 for gold jewelry. When detectives entered the store about an hour later, Sylvester could not produce a record of the sale. Perkins said he knew Sylvester had the record-keeping software and regularly filed sales reports with Biddeford police as required by state and local laws.
According to reports, Sylvester admitted he bought the jewelry when interviewed by police, and said there may have been four additional occasions he bought knowingly stolen jewelry.
Police said Sylvester hoped to make almost $500 when he resold the gold.
Perkins said an investigation by Saco police and Maine Drug Enforcement Agency could show an underage employee at the pawnshop received stolen items and sold them for cash, although charges have not been filed in the investigation.
City ordinances prohibit anyone younger than 18 from buying or selling items at pawnshops.
Councilor George “Pete” Lamontagne objected to suspending or revoking Sylvester’s license because Sylvester has not been tried on any charges.
Lamontagne proposed a 14-day suspension “because I can see which way the council is headed,” he said. The suspension term was increased on a motion by Councilor Richard Laverriere.
Fleurent and Emerson said the council was entitled to take action without waiting for the legal results of the case.
“We are not lawyers, but this is still a serious allegation,” Fleurent said.
Frame said calling the hearing so quickly after Sylvester was summonsed was “a rush to judgment.” A decision to revoke his client’s license would have brought an appeal, but Frame said he and Sylvester still needed to discuss their next step after the suspension.


 

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