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Port St. Lucie businessman runs afoul of second-hand dealer laws
By Will Greenlee
November 23, 2011
PORT ST. LUCIE – The owner of a business identified as Joe Smith's Precious Metals was arrested Thursday on nearly two dozen misdemeanor charges stemming from what police say were violations of second-hand dealer rules, according to an affidavit released Friday and a spokesman.
Over several months, investigators determined the business, owned by Joseph Robert Smith, 58, might have been engaged in illegal second-hand deals.
On Tuesday, an undercover Port St. Lucie police sergeant went to the business in the 2800 block of Southwest Brighton Avenue in an operation to see whether "all applicable second-hand dealers' statutes were in place."
The sergeant sold Smith four necklaces, a bracelet and a wedding band for $557. The sergeant said Smith didn't request photo identification, a signature or thumbprint, nor did Smith ask his name or complete paperwork in the sergeant's presence.
State law requires second-hand dealers to document items being taken in and to get a valid form of identification from the seller, said Officer Tom Nichols, police spokesman. A thumbprint must be taken and proper paperwork must be filled out, Nichols said.
A copy of the paperwork must be kept in the store for a year and the transaction has to be reported to law enforcement officials within 24 hours via a computerized system known as LeadsOnline, Nichols said. State law also requires second-hand dealers to retain merchandise for 15 days, but a Port St. Lucie city ordinance mandates goods be retained for 30 day, Nichols said.
Smith told investigators he had jewelry that wasn't properly documented. He indicated he's been in business in St. Lucie County since 2009, though the business has been in the current location since October.
Police found a host of what investigators say were violations dating to at least Oct. 11.
Asked for the jewelry sold by the undercover detective, Smith started looking through a canvas bag in which investigators found about $50,000 to $60,000 in gold and silver. Smith couldn't provide documentation about where the items came from and, when questioned, asked that a lawyer be present.
Smith, of the 11200 block of Orange Avenue in Fort Pierce, was arrested on charges including two counts each of failure to obtain seller signature and failure to obtain seller thumbprint, six counts each of failure to properly document item physical description, and failure to report transaction to law enforcement, single counts each of failure to obtain photographic identification, and failure to provide accurate description of seller, and five counts of failure to provide correct location for transaction occurrence.
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