A Naples permit and design plan firm accused of fraud contends the use of a 91-year-old retired architect’s seal was a misunderstanding, not fraud.
In an answer filed April 30, Octavio Sarmiento Jr. of ASSA Designs LLC contends there was no fraud or breach of contract with Naples designer David Wainscott, who, along with Sarmiento, and 23 others, are being investigated by the state Board of Architecture and Design.
Sarmiento’s answer is the latest salvo in a wide-ranging permit-fraud case in Collier County that began in January, when Marco Island building officials discovered Wainscott and others were using the architectural seal of 91-year-old Gene Cravillion, who hasn’t practiced since August 2022 and lives in a North Naples assisted-living facility.
DBPR records show Wainscott has a long history of unlicensed activity dating to 1991, including representing himself as an architect or engineer. Most recently, in November 2023, he was fined $24,000 by the Board of Architecture and Design for using an architectural seal belonging to Leonard LaForest, who was suspended due to unlicensed activity in 2019 and died in November 2021.
Wainscott hasn’t returned calls or emails seeking comment since February and his attorney, E. James Kurnik II, declined to comment, citing the pending litigation.
In March, Wainscott sued ASSA in Collier Circuit Court, blaming Sarmiento for jeopardizing his projects, causing a nearly $106,000 loss and damaging his reputation. The lawsuit shows that since March 2024, DWD was paying ASSA $2,250 monthly for a licensed architect at ASSA to review structural design plans, a total of $24,750 through December 2024 for “what appeared to be approvals” by Cravillion, a licensed architect.
Sarmiento’s answer denied any fraudulent misrepresentation, breach of contract or violations of Florida’s Deceptive and Unfair Trade Practices Act.
“Any misrepresentation was unintentional and resulted from a misunderstanding regarding the architect’s ability to continue his work due to his medical condition,” Miami attorney Eusebio Gonzalez wrote in ASSA’s answer. “… The architect, Gene Cravillion, was legitimate and authorized to perform the work at the time the designs were approved. His Alzheimer’s condition did not impair his ability to review and approve the designs at that time.”
In January, state Sunbiz records show, Wainscott was removed as director, secretary and president of DWD Design Inc. and engineer Joshua Greenwell assumed those positions and Douglas Clark is listed as vice president. Wainscott is no longer an officer.
Wainscott and Sarmiento are among 25 people and businesses that received cease-and-desist letters from the state Department of Business & Professional Regulation accusing them of unlicensed activity. The DBPR investigation is headed by Melissa Minacci, an investigator for the state Board of Architecture and Design. If not cleared, they face a probable-cause hearing before the board in July.
Naples and Marco police also have provided evidence to Minacci, as did the Collier County Sheriff’s Office, and the FBI also is investigating.
Many designers and builders were unaware of the fraud, but two who were most heavily involved, according to permits, are Sarmiento and Wainscott, who also operated as Dave Wainscott Designs Inc.
The Naples Building Department found five permits with the fraudulent seal, while a Marco Island Police report shows Cravillion’s seal was used 76 times since August 2022 for major and minor renovations and new home construction.
“The most prolific contractor that used Mr. Cravillion’s credentials was identified as Dave Wainscott Designs,” the report said, noting Wainscott used that seal 49 times.
The report listed ASSA and several other firms that received letters from the state. Stop-work orders halted construction countywide and homeowners and builders were ordered to hire a new architect or engineer.
In February, Collier County officials said 400 permits were involved, but that number had grown by March. Building officials said they were focusing on open permits or work that had just been “finaled” and by Jan. 31, they’d compiled a list of 188 properties, most still under construction, with 49 “finaled,” and two expired or canceled permits. Officials said they’re reviewing 200,000 permits dating back to August 2022 and have since declined to release further information, citing an exemption under the state open records law for active investigations.
Many involve Nova Homes of South Florida, whose management says they severed ties with Wainscott and are now using DWD Designs’ engineer, Greenwell, to stamp plans. When the LaForest fraud was discovered, Nova Homes told homeowners it was “blindsided” and Wainscott assured them he was “unaware of staff actions” and it wouldn’t happen again.
Collier County has revoked Nova Homes’ permit-pulling privileges pending repairs to a North Naples home due to structural problems that don’t adhere to Florida code, but it’s allowed to complete work on outstanding permits. Eric Pacheco, Nova Homes’ operations and sales manager, has said they’re a victim of Wainscott and are working expeditiously to remedy any problems.
