When Naples designer Dave Wainscott was fined $24,000 in 2023 for using an architectural seal belonging to a dead architect, it was the highest fine meted out by the history of the state Board of Architecture and Design. 

But on July 29, during a probable cause hearing, a five-member panel of that board unanimously recommended fining Wainscott $189,000 for a second offense — using the seal of 91-year-old Gene Cravillion, who has lived at a memory care facility in North Naples since August 2022 and suffered from dementia since 2012. Wainscott was charged with 63 counts for using Cravillion’s seal. 

Because it was his second violation for unlicensed architecture — using an architect’s seal — prosecutor David Minacci sought a $3,000 fine per count, noting he’d used it 30 times in Collier County on permits and 50 times on Marco Island.  

Wainscott’s attorney blamed the fraud on a contract Wainscott had with Octavio Sarmiento, of ASSA, a permit and plans firm that provided the seal and filed the permit applications for many of those charged. He said Wainscott has sued Sarmiento and ASSA and Wainscott already paid $100,000 to get a new engineer to approve plans sealed by Cravillion.  

Wainscott’s lawsuit alleges Sarmiento and ASSA jeopardized projects, causing nearly $106,000 in losses and damage to Wainscott’s reputation. In its response to the lawsuit, ASSA denied any wrongdoing.  

Wainscott has a history of discipline with the board dating back to 1991.  

In November 2023, he paid a $24,000 fine for using the seal of architect Leonard LaForest, who was suspended in 2019 and died in November 2021. Wainscott’s mother-in-law, who has since died, notarized numerous seals for Marco Island permits for months after his death, saying he stood before her at the time. She was never disciplined or reported. 

Octavio Sarmiento

Sarmiento, who didn’t show up for his hearing, faces a $425,000 fine for 53 counts of practicing as an architect, 53 counts of presenting an architect’s license and one count of using the title of an architect on his website. He has not returned calls or emails. 

Wainscott and Sarmiento are among 25 Naples designers, builders and others who received cease-and-desist letters in January from the state DBPR in an investigation headed by the state board’s investigator, Melissa Minacci. They were all involved in some way — some were unaware of the fraud — in the use of Cravillion’s seal, many through using ASSA’s services. But the state panel said those who were recommended for a fine should have used more due diligence. 

Local law enforcement agencies provided evidence to Minacci, and the FBI also is investigating. David Minacci told the board Sarmiento faces up to two years in a federal prison. 

Others recommended for fines were: 

• James Allen, of J.D. Allen & Associates Inc., $9,000 
• Carlos Barbato, of Thinline Group LLC, $6,000 
• Luis Sanchez, of A1 Services Construction & Renovation Inc., $1,500 
• Linda Levin, of Argon Development Co. LLC, $18,000 
• Santiago Pinilla, of SP Drafting LLC, $3,000 
• Nestor Garcia, of Nestor Garcia Design, $3,000 
• Isaiah Trujillo, of Tru Drafting & Design Inc., $3,000 
• They will go before the full board in October, when the fines will be considered. 

In addition, Juan Carlos Robalino, of JC Robalino Inc., was ordered to cease and desist practicing architecture without a license. Records show a case against Drafting Design of Naples was closed June 27 and marked legally insufficient. 

Minacci said cases against Alba Perez Toscano, of The Toscano Group LLC, and Gregory Ulrich, who operates KGT Builders Inc., were closed without a finding of probable cause and Diego Bustamante, who operates Archie BIM Design, was issued a notice and order to cease and desist.